Cortez (SB 53) Act No. 731
Prior law provided relative to the La. State Racing Commission defines an "association"
which can be licensed to conduct horse racing.
New law makes technical changes to the definition of association.
Prior law required certain individuals to be licensed in order to participate in racing and
authorizes the commission to impose fines and suspend a license for violations.
New law provides that the commission may impose upon any licensed association a fine not
to exceed $100,000 per occurrence of a violation and may suspend a license indefinitely, or
both.
New law authorizes any person or corporation to apply for a license to operate a track to
conduct horse racing within the state for a period up to and including ten years. Provides that
these provisions do not limit the authority of the commission under state law to impose a fine
or suspend an association or terminate racing privileges granted to an association.
Prior law provided for a one-year and 10 year license or permit to conduct racing meetings.
Prior law provided that an association may appeal the commission's decision to suspend or
revoke its license or terminate their racing privileges. Provided that the appeal must be tried
de novo.
New law retains prior law but clarifies that the appeals shall be tried de novo.
New law removes the authority of the commission to issue a 10 year license or permit.
New 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.
(2)A summary of the implementation and status of the prior year's plan.
New law provides that the commission may adopt rules in accordance with the
Administrative Procedure Act to implement new law, including, as appropriate, standard
forms to be used for the annual report and plan of operation.
Prior law provided 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.
New law retains prior 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.
New 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, and 225; adds R.S. 4:158.1)