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Regular Session, 2014
SENATE BILL NO. 53
BY SENATORS CORTEZ AND LAFLEUR
HORSE RACING. Provides relative to horse racing. (8/1/14)
AN ACT1
To amend and reenact R.S. 4:143(1), 155, 158, and 225 and to enact R.S. 4:158.1 and2
160(7), (8), (9), and (10), relative to horse racing; to provide for certain terms,3
conditions, and procedures; to provide for definitions; to provide for the term of4
certain licenses; to provide for fines, suspension, denial, or termination of racing5
privileges of an association; to require a written report be submitted by certain6
licensees; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 4:143(1), 155, 158, and 225 are hereby amended and reenacted and9
R.S. 4:158.1 and 160(7), (8), (9), and (10) are hereby enacted to read as follows:10
§143. Definitions11
Unless the context indicates otherwise, the following terms shall have the12
meaning ascribed to them below:13
(1) "Association" means any person or persons, associations, or corporations14
association, or corporation licensed by the commission to conduct horse racing15
within the State of Louisiana for any stakes, purse , or reward.16
* * *17 SB NO. 53
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§155. Commission authority, fines, suspensions, revocations, forfeitures and1
disciplinary actions2
A. The commission may impose upon a licensee any licensee listed in R.S.3
4:169 a fine not exceeding ten thousand dollars and may suspend a licensee4
indefinitely, or both. Any commission action taken herein shall be consistent with5
the provisions of this Part.6
B. The commission may impose upon any licensed association as defined7
in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars and may8
suspend a license indefinitely, or both. Any commission action taken herein9
shall be consistent with the provisions of this Part.10
* * *11
§158. License One-year license or permit to conduct race meetings, one-year and12
ten-year licenses 13
A. On or before the fifteenth of April of each year and on or before the14
fifteenth of August of each year any person possessing the qualifications prescribed15
in this Part may apply to the commission for a one-year license to conduct race16
meetings. On or before the first of May and the first of September of each year, after17
receipt of the applications the commission shall convene to consider the refusal or18
granting of the permits or licenses applied for. An application filed prior to any one19
of the two deadlines shall request dates for racing to commence not sooner than four20
months from said deadlines. The permits or licenses granted shall set forth the name21
of the licensee, the location of the race track, the duration of the race meeting, and22
the kind of racing desired to be conducted, and shall recite the receipt by the23
commission of the license fee provided for in this Part. The license is not24
transferable nor does it apply to any place, track, or enclosure except the one25
specified in the license. Should the commission, after due proceedings had in26
conformity with this Part, suspend or revoke an association's license or terminate the27
racing privileges granted to an association, said association may within ten days of28
the notification of the commission's decision take a suspensive appeal to the district29 SB NO. 53
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court having jurisdiction over the association's track. Such appeals shall be filed in1
the district court in the same manner as original suits are instituted therein. The2
appeals should be tried de novo. Either party may amend and supplement his3
pleadings and additional witnesses may be called and heard.4
Within ten calendar days of the signing of the judgment by the district court5
in any such appeal case, the commission or the applicant for a license or licensee, as6
the case may be, may suspensively appeal the judgment to the appellate court of7
proper jurisdiction. These appeals shall be perfected in the manner provided for in8
civil cases and shall be suspensive or devolutive in the discretion of the court.9
All proceedings in the district and appellate courts arising under this Part are10
civil in nature and shall be heard summarily by the court, without a jury, shall take11
precedence over other civil cases, and shall be tried in chambers or in open court,12
and in or out of term.13
B. The provisions of this Part to the contrary, notwithstanding, the14
commission may contract with any licensee for a permit to operate a track for a15
period of ten years. Such permit shall conform to all the requirements as set out in16
Subsection (A) of this section; however, any licensee applying for a ten-year license17
under this section shall also agree in writing to expend the sum of no less than18
$10,000.00 per year or $100,000.00 during said ten-year period for the purpose of19
repairs and improvements to the track and its facilities, said sum to be expended20
during said ten-year period.21
The commission may approve an application for racing dates for a period not22
exceeding three racing years, when a contract has been entered into in accordance23
with this section.24
§158.1. Written report; required25
A. On January 1, 2015, and on January first of each year thereafter, a26
licensee who is licensed to conduct races shall submit to the commission a27
written report that shall include the following information:28
(1) The plan of operation for each fiscal year. The plan of operation29 SB NO. 53
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shall include but not be limited to customer service, marketing and promotions1
relative to horse racing, capital improvement, and facility maintenance.2
"Facility maintenance" shall include but not be limited to track surface, barns,3
grand stands, and paddocks.4
(2) A summary of the implementation and status of the prior year's5
plan.6
B. The commission may adopt rules in accordance with the7
Administrative Procedure Act to implement the provisions of this Section,8
including, as appropriate, standard forms to be used for the annual report and9
plan of operation.10
* * *11
§160. Grounds for fines, suspension, denial, or termination of racing privileges to12
an association13
The commission may fine, refuse, suspend, or withdraw licenses, permits and14
privileges granted by it or terminate racing privileges, for just cause. Those things15
constituting just cause are:16
* * *17
(7) Failure to meet criteria for licensing as provided in R.S. 4:159.18
(8) Failure to maintain suitable racing surfaces as determined by the19
commission.20
(9) Failure or inability to conduct racing in a manner that is in the best21
interest of racing as determined by the commission.22
(10) Failure to provide responses to inquiries made by the commission23
regarding the status or progress of any matter related to racing.24
* * *25
§225. Commission authority, fines, suspensions, revocations, forfeitures and26
disciplinary actions27
A. The commission may impose upon a licensee any licensee listed in R.S.28
4:169 a fine not exceeding ten thousand dollars and may suspend a licensee29 SB NO. 53
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indefinitely, or both. Any commission action taken herein shall be consistent with1
the provisions of this Part.2
B. The commission may impose on any licensed association as defined3
in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars and may4
suspend a license indefinitely, or both. Any commission action taken herein5
shall be consistent with the provisions of this Part.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Cortez (SB 53)
Present law provides relative to the La. State Racing Commission.
Present law provides for definitions, including "association".
Proposed law makes technical changes to the definition of association.
Present law provides that the commission may impose fines for certain violations.
Proposed law retains present law and adds that the commission may impose upon any
licensed association a fine not to exceed $100,000 and may suspend a license indefinitely,
or both.
Present law provides for a one-year and 10 year license or permit to conduct racing
meetings.
Proposed law removes the authority of the commission to issue a 10 year license or permit.
Proposed law provides that on January 1, 2015, and on January first of each year thereafter,
a licensee who is licensed to conduct races shall submit to the commission a written report
that shall include the following information:
(1)The plan of operation for each fiscal year. The plan of operation shall include but
not be limited to customer service, marketing and promotions relative to horse
racing, capital improvement, and facility maintenance. "Facility maintenance" shall
include but not be limited to track surface, barns, grand stands, and paddocks.
(2)A summary of the implementation and status of the prior year's plan.
Proposed law provides that the commission may adopt rules in accordance with the
Administrative Procedure Act to implement the provisions of proposed law, including, as
appropriate, standard forms to be used for the annual report and plan of operation.
Present law provides that the commission may refuse, suspend, or withdraw licenses, permits
and privileges granted by it or terminate racing privileges, under certain circumstances and
for just cause.
Proposed law retains present law and adds the following acts that constitute just cause:
(1)Failure to meet criteria for licensing as provided in R.S. 4:159. SB NO. 53
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(2)Failure to maintain suitable racing surfaces as determined by the commission.
(3)Failure or inability to conduct racing in a manner that is in the best interest of racing
as determined by the commission.
(4)Failure to provide responses to inquiries made by the commission regarding the
status or progress of any matter related to racing.
Effective August 1, 2014.
(Amends R.S. 4:143(1), 155, 158, 225; adds R.S. 4:158.1 and 160(7), (8), (9), and (10))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Removes the authority of the La. State Racing Commission ("commission")
to issue a 10 year license.
2. Provides for the issuance of fines.
3. Requires certain licensees to submit a written report to the commission each
year.
4. Provides for additional grounds for fines, suspension, denial, or termination
of racing privileges.