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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, the introductory paragraph of 160, and 2252
and to enact R.S. 4:158.1 and 160(7), (8), (9), and (10), relative to horse racing; to3
provide for certain terms, conditions, and procedures; to provide for definitions; to4
provide for the term of certain licenses; to provide for fines, suspension, denial, or5
termination of racing privileges of an association; to require a written report be6
submitted by certain 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, the introductory paragraph of 160, and 225 are9
hereby amended and reenacted and R.S. 4:158.1 and 160(7), (8), (9), and (10) are hereby10
enacted to read as follows:11
§143. Definitions12
Unless the context indicates otherwise, the following terms shall have the13
meaning ascribed to them below:14
(1) "Association" means any person or persons, associations, or corporations15
association, or corporation licensed by the commission to conduct horse racing16
within the State of Louisiana for any stakes, purse , or reward.17 SB NO. 53
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* * *1
§155. Commission authority, fines, suspensions, revocations, forfeitures and2
disciplinary actions3
A. The commission may impose upon a licensee any licensee listed in R.S.4
4:169 a fine not exceeding ten thousand dollars and may suspend a licensee5
indefinitely, or both. Any commission action taken herein shall be consistent with6
the provisions of this Part.7
B. The commission may impose upon any licensed association as defined8
in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars and may9
suspend a license indefinitely, or both. Any commission action taken herein10
shall be consistent with the provisions of this Part.11
* * *12
§158. License One-year license or permit to conduct race meetings, one-year and13
ten-year licenses 14
A. On or before the fifteenth of April of each year and on or before the15
fifteenth of August of each year any person possessing the qualifications prescribed16
in this Part may apply to the commission for a one-year license to conduct race17
meetings. On or before the first of May and the first of September of each year, after18
receipt of the applications the commission shall convene to consider the refusal or19
granting of the permits or licenses applied for. An application filed prior to any one20
of the two deadlines shall request dates for racing to commence not sooner than four21
months from said deadlines. The permits or licenses granted shall set forth the name22
of the licensee, the location of the race track, the duration of the race meeting, and23
the kind of racing desired to be conducted, and shall recite the receipt by the24
commission of the license fee provided for in this Part. The license is not25
transferable nor does it apply to any place, track, or enclosure except the one26
specified in the license. Should the commission, after due proceedings had in27
conformity with this Part, suspend or revoke an association's license or terminate the28
racing privileges granted to an association, said association may within ten days of29 SB NO. 53
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the notification of the commission's decision take a suspensive appeal to the district1
court having jurisdiction over the association's track. Such appeals shall be filed in2
the district court in the same manner as original suits are instituted therein. The3
appeals should shall be tried de novo. Either party may amend and supplement his4
pleadings and additional witnesses may be called and heard.5
Within ten calendar days of the signing of the judgment by the district court6
in any such appeal case, the commission or the applicant for a license or licensee, as7
the case may be, may suspensively appeal the judgment to the appellate court of8
proper jurisdiction. These appeals shall be perfected in the manner provided for in9
civil cases and shall be suspensive or devolutive in the discretion of the court.10
All proceedings in the district and appellate courts arising under this Part are11
civil in nature and shall be heard summarily by the court, without a jury, shall take12
precedence over other civil cases, and shall be tried in chambers or in open court,13
and in or out of term.14
B. The provisions of this Part to the contrary, notwithstanding, the15
commission may contract with any licensee for a permit to operate a track for a16
period of ten years. Such permit shall conform to all the requirements as set out in17
Subsection (A) of this section; however, any licensee applying for a ten-year license18
under this section shall also agree in writing to expend the sum of no less than19
$10,000.00 per year or $100,000.00 during said ten-year period for the purpose of20
repairs and improvements to the track and its facilities, said sum to be expended21
during said ten-year period.22
The commission may approve an application for racing dates for a period not23
exceeding three racing years, when a contract has been entered into in accordance24
with this section.25
§158.1. Written report; required26
Beginning January 1, 2015, the commission may require a licensed27
association to submit a written report that may include the following28
information:29 SB NO. 53
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(1) The plan of operation for each fiscal year. The plan of operation1
may include but not be limited to customer service, marketing and promotions2
relative to horse racing, capital improvement, and facility maintenance.3
"Facility maintenance" may include but not be limited to track surface, barns,4
grand stands, and paddocks.5
(2) A summary of the implementation and status of the prior year's6
plan.7
B. The commission may adopt rules in accordance with the8
Administrative Procedure Act to implement the provisions of this Section,9
including, as appropriate, standard forms to be used for the annual report and10
plan of operation.11
* * *12
§160. Grounds for fines, suspension, denial, or termination of racing privileges to13
an association14
A. The commission may fine, refuse, suspend, or withdraw licenses, permits15
and privileges granted by it or terminate racing privileges, for just cause. Those16
things constituting just cause are:17
* * *18
(7) Failure to meet criteria for licensing as provided in R.S. 4:159.19
(8) Failure to maintain suitable racing surfaces as determined by the20
commission.21
(9) Failure or inability to conduct racing in a manner that is in the best22
interest of racing as determined by the commission.23
(10) Failure to provide responses to inquiries made by the commission24
regarding the status or progress of any matter related to racing.25
B. Notwithstanding any other provision of law to the contrary, the26
provisions of this Section shall apply to any licensee or association, regardless27
of the date on which the license was issued to the licensee or association.28
* * *29 SB NO. 53
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§225. 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 on 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
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
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.
Present law provides that an association may appeal the commission's decision to suspend
or revoke its license or terminate their racing privileges. Provides that the appeal must be
tried de novo.
Proposed law retains present law but states that the appeals shall be tried de novo.
Proposed law removes the authority of the commission to issue a 10 year license or permit.
Proposed law provides that beginning January 1, 2015, the commission may require a
licensed association to submit a written report that may include the following information:
(1)The plan of operation for each fiscal year. The plan of operation may include but not
be limited to customer service, marketing and promotions relative to horse racing,
capital improvement, and facility maintenance. "Facility maintenance" may include
but not be limited to track surface, barns, grand stands, and paddocks. SB NO. 53
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(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 authorizes the commission to impose fines. Further
adds the following acts which constitute just cause:
(1)Failure to meet criteria for licensing as provided in R.S. 4:159.
(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.
Proposed law shall apply to any licensee or association, regardless of this date on which the
license was issued to the licensee or association.
Effective August 1, 2014.
(Amends R.S. 4:143(1), 155, 158, 160 (intro para), 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.
Senate Floor Amendments to engrossed bill
1. Makes technical corrections.
2. Requires appeals shall be tried de novo. SB NO. 53
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3. Changes from mandatory to discretionary, the authority of the commission
to require a licensed association to submit a written report with specific
information. Also, changes from mandatory to discretionary, the type of
information to be included in the plan of operation portion of the report.
4. Adds that the provisions of proposed law will apply to any licensee or
association.