Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 53
BY SENATORS CORTEZ AND LAFLEUR AND REPRESENTATI VE THIBAUT
AN ACT1
To amend and reenact R.S. 4:143(1), 155, 158, 160, and 225 and to enact R.S. 4:158.1,2
relative to horse racing; to provide for certain terms, conditions, and procedures; to3
provide for definitions; to provide for the term of certain licenses; to provide for4
fines, suspension, denial, or termination of racing privileges of an association; to5
require a written report be submitted by certain licensees; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 4:143(1), 155, 158, 160, and 225 are hereby amended and reenacted9
and R.S. 4:158.1 is 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
§155. Commission authority, fines, suspensions, revocations, forfeitures and18
disciplinary actions19
A. The commission may impose upon a licensee any licensee listed in R.S.20
4:169 a fine not exceeding ten thousand dollars and may suspend a licensee21
indefinitely, or both. Any commission action taken herein shall be consistent with22
the provisions of this Part.23
B. The commission may impose upon any licensed association as defined24
in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars per25
occurrence and may suspend a license indefinitely, or both. Any commission26
action taken herein shall be consistent with the provisions of this Part.27
ACT No. 731 SB NO. 53 ENROLLED
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
§158. License or permit to operate a horse racing track; license to conduct race2
meetings, one-year and ten-year licenses3
A. Any person or corporation may apply to the commission for a license4
to operate a track to conduct horse racing within the State of Louisiana. The5
commission may grant such a license for a period up to and including ten years.6
Nothing in this Subsection shall limit the authority of the commission granted7
by state law to fine or suspend an association or terminate racing privileges8
granted to an association.9
B.(1) On or before the fifteenth of April of each year and on or before the10
fifteenth of August of each year any person or corporation possessing the11
qualifications prescribed in this Part may apply to the commission for a license or12
licenses to conduct race meetings.13
(2) On or before the first of May and the first of September of each year,14
after receipt of the applications the commission shall convene to consider the refusal15
or granting of the permits or any licenses to conduct race meetings applied for.16
(3) An application filed prior to any one of the two deadlines shall request17
dates for racing to commence not sooner than four months from said deadlines. The18
permits or19
C.(1) Any licenses granted pursuant to this Section, when applicable,20
shall set forth the name of the licensee, the location of the race track, the duration of21
the race meeting, and the kind of racing desired to be conducted, and shall recite the22
receipt by the commission of the license fee provided for in this Part.23
(2) The license is not transferable nor does it Any license granted pursuant24
to this Section shall be nontransferable and shall only apply to any the place,25
track, or enclosure except the one specified in the license.26
D.(1) Should the commission, after due proceedings had in conformity with27
this Part, suspend or revoke an association's license or terminate the racing privileges28
granted to an association, said licenses granted pursuant to this Section, the29
association may within ten days of the notification of the commission's decision take30 SB NO. 53 ENROLLED
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
a suspensive appeal to the district court having jurisdiction over the association's1
track. Such appeals shall be filed in the district court in the same manner as original2
suits are instituted therein. The appeals should shall be tried de novo. Either party3
may amend and supplement his pleadings and additional witnesses may be called and4
heard.5
(2) Within ten calendar days of the signing of the judgment by the district6
court in any such appeal case, the commission or the applicant for a license or7
licenses, or a licensee, as the case may be, may suspensively appeal the judgment8
to the appellate court of proper jurisdiction. These appeals shall be perfected in the9
manner provided for in civil cases and shall be suspensive or devolutive in the10
discretion of the court.11
(3) All proceedings in the district and appellate courts arising under this Part12
are civil in nature and shall be heard summarily by the court, without a jury, shall13
take precedence over other civil cases, and shall be tried in chambers or in open14
court, and in or out of term.15
B. The provisions of this Part to the contrary, notwithstanding, the16
commission may contract with any licensee for a permit to operate a track for a17
period of ten years. Such permit shall conform to all the requirements as set out in18
Subsection (A) of this section; however, any licensee applying for a ten-year license19
under this section shall also agree in writing to expend the sum of no less than20
$10,000.00 per year or $100,000.00 during said ten-year period for the purpose of21
repairs and improvements to the track and its facilities, said sum to be expended22
during said ten-year period.23
The commission may approve an application for racing dates for a period not24
exceeding three racing years, when a contract has been entered into in accordance25
with this section.26
§158.1. Written report; required27
Beginning January 1, 2015, the commission may require a licensed28
association to submit a written report that may include the following29
information:30 SB NO. 53 ENROLLED
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(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
(1) Any actions by a licensed or permittee contrary to the provisions of this18
Part and the Rules of Racing.19
(2) Corrupt practice.20
(3) Violations of the Rules of Racing.21
(4) Intentional falsification and/or intentional misstatement of a material fact22
in an application for racing privileges.23
(5) Material false statement to a racing official, other than a Commissioner,24
and/or the commission.25
(6) Continued failure or inability to meet its financial obligations connected26
with fulfillment of the purposes for which its license was issued.27
(7) Failure to meet criteria for licensing as provided in R.S. 4:159.28
(8) Failure to maintain suitable racing surfaces as determined by the29
commission.30 SB NO. 53 ENROLLED
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(9) Failure or inability to conduct racing in a manner that is in the best1
interest of racing as determined by the commission.2
(10) Failure to provide responses to inquiries made by the commission3
regarding the status or progress of any matter related to racing.4
B. Notwithstanding any other provision of law to the contrary, the5
provisions of this Section shall apply to any licensee or association, regardless6
of the date on which the license was issued to the licensee or association.7
* * *8
§225. Commission authority, fines, suspensions, revocations, forfeitures and9
disciplinary actions10
A. The commission may impose upon a licensee any licensee listed in R.S.11
4:169 a fine not exceeding ten thousand dollars and may suspend a licensee12
indefinitely, or both. Any commission action taken herein shall be consistent with13
the provisions of this Part.14
B. The commission may impose on any licensed association as defined15
in R.S. 4:143(1) a fine not to exceed one hundred thousand dollars per16
occurrence and may suspend a license indefinitely, or both. Any commission17
action taken herein shall be consistent with the provisions of this Part.18
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: