Louisianas Proposed Racing Law.: Provides for a State Racing Commission and Legalizes Pari-Mutuels., Daily Racing Form, 1916-06-21

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LOUISIANAS PROPOSED RACING LAW. Provides for a State Racing: Commission and Legalizes Pari-Mutuels. A bill providing a state racing commission to govern racing in the State of Louisiana is now pending before the legislature of that state. Its enactment into law is a matter of doubt, but it may be done. It is a comprehensive measure and in full its provisions are as follows: AN ACT To create a State Racing Commission, to define its ]MWers, and to fix its compensation, to limit the : months of the year, the days of the week and the hours of the day. in which public racing for ; prizes or purses may be held; to define what character of racing shall be a nuisance and a misdemeanor; to provide under what circumstances and for what ] eriod of time State Fair Associations. Fraternal or Benevolent Associations may conduct race meetings; to prohibit the operation of certain tracks and of all racing, except between the noon hour and six p. m.: to prohibit Sunday racing: to levy a state tax upon racing tracks; to tapMl Act 233 of 1902; to provide who may be employed by the Racing Commission hereby created: to prohibit the attendance of minors unaccompanied by their parents or guardians at public races: to provide penalties and punishment for the violation of the provisions of this Act; and to partially repeal and to amend Act 57 of 1908. Section 1. Be it enacted, by the General Assembly of the State of Louisiana, That any corporation formed for the purpose of racing and breeding or improving the breed of horses and conducting races and contests of speed, shall have the power and right, subject to the provisions of this act to hold one or more running race meetings in each year, and hold, maintain and conduct running races at such meetings. At such meetings, the corporation or the owners of the horses engaged in such races, or others who are not participants in the racing may contribute purses, prizes, premiums or stakes to be contested for: but no person or persons other than the owners of a horse or horses contesting in a race shall have any pecuniary interest in a purse, prize, premium or stake contested for in such race, or be entitled to receive any portion thereof after such race shall have been finished; and the whole of such purse, prize, premium or stake shall be allotted in accordance with the terms and conditions of such race. Such meetings shall not be held except during the period extending from the first day of December to the fifteenth day of March, inclusive, in each year. No running races are authorized or shall be permitted except during the period aforesaid and except between noon and six D. m. Section 2. Be it further "enacted, etc.. That a State Racing Commission is hereby created, to consist of three 3 persons to be appointed by the Governor, none of whom shall own stock in any corporation formed for racing or breeding purposes, and no two of whom shall be members of the same racing association, and all of whom must be disqualified electors of this state and have been citizens of this state at least ten 10 years preceding their appointment. They shall be appointed for three 3 years and shall be removable by the governor, in his discretion. The governor shall, immediately upon the promulgation of this Act, appoint three 3 commissioners with the above qualifications, one of whom shall serve for one year from the date of his appointment, one for two years and one for three years, and thereafter each appointee will serve for three years. The chairman of said commission shall lie paid a salary of twenty -five hundred dollars . 500 per annum, and the other two commissioners two thousand dollars ,000 each per annum, out of the revenues received by the commission. Said commission shall have full power and authority to contract, sue and lie sued, anft to do everything that may be necessary for the conduct of its business. Such commission shall elect a secretary, who shall serve during its pleasure, who shall perform all such duties as the commission may prescribe who shall give a bond in the sum of twenty -five thousand dollars .". OIK, for the full and faithful compliance of his duties as such secretary, with a surety company qualified to do business in this state; the premium on said bond to be taxed as part of the expenses of the commission. The said secretary shall be paid a salary, to be fixed by the commission, at a rate not exceeding twenty-five hundred dollars ,500 per annum. Said commission shall, biennially, make a full report to the general assembly of its proceedings for the year period ending with the first day of April preceding the meeting of the general assembly, and shall cmhody therein such suggestions and recommendations as it may deem desirable, if any. Section 3. Be it further enacted, etc.. That said commission shall have the power to prescribe the rules, regulations and conditions under which running races shall be conducted in this state, and no such races shall Ik- conducted except by a corporation or association duly licensed by said commission, as herein provided. Any corporation or association desiring to conduct such racing may. annually, apply to the state racing commission for a license so t do. If in the judgment of the commission, a proper case for the issuance of such license is shown, it may grant the same for a term of one year; and every such license shall contain a condition that all races or race meetings conducted thereunder shall be subject to the rules, regulations and conditions from time to time prescribed by th" commission for any violation thereof, or whenever the issuance of such license shall be deemed by the commission not conducive to the interest of legitimate racing. But if said license is refused or revoked, said commission shall publicly state its reasons for so doing, and said reasons shall be written in full in the minute book of said commission, which shall, at all times, be subject to inspection upon application of anyone desiring so to do; said finding of said commission shall be subject to the review of a court of competent jurisdiction. Provided, that a refusal of the commission to grant anv raring association a license, or to assign a racing association at least forty days in each year, if desired for racing by such association, and the decision of such commission revoking any license of any association shall be subject to review by the courts of the state. S.-ction 1 Be- it further enacted, etc.. that every running race meeting at which racing shall be permitted for arv stake, purse or reward, except as allowed by this act, is hereby declared to be a public nuisance, and very [H-rson acting or aiding therein shall be deemed guilty of a misdemeanor and punished bv a fine of not less than live hundred dollars iSflk nor more than one thousand dollars ,000 for each day of such meeting or racing; and in addition thereto, in a suit Brought for that purpose bv the State Racing Commission in the District Court of the Parish where it may 1m- promised to conduct such unauthorized racing, an Injunction may be obtained against the same. Section 5. Be it further enacted, etc.. That this act shall not applv to races conducted by the State Parish Fair Associations holding not more than one meeting annually, and for a period not exceeding six davs for su.-h nic-ting. and for races at festivals, picnics or fairs, given hy and for the hen. lit of any fraternal or benevolent organization conducting races not more than once annually, and for a period not exceeding two flays. Section i. Be it further enacted, etc.. lhat the admission of minors to a licensed track, unaccompanied by parents or guardians, shall be suffi- Coutinu-U on second page. LOUISIANAS PROPOSED RACING LAW. Continued from first pace. cicnt cause for the revocation of its license by the Commission. Section 7. Be it further enacted, etc.. That in addition to the formalities now required by law as to the validation of acts of incorporation, it is hereby declared that the charter of any cor-l oratiou organized for breeding or racing purposes • shall lx- deemed invalid, unless the said charter shall be filed with the State Racing Commission ami a certificate of approval of the charter issued from the said Commission, stating that, in its opinion, the purposes of this act and the public interests are promoted by such incorporation, and that such incorporation is conducive to the interests of legitimate racing, and such charter must be filed prior to tiie breaking of ground for a track, and no track shall be built or commenced unless and until a permit therefor has been first obtained from said Commission, and. if any person or concern shall violate this provision of this act, the said Commission shall apply to a court of competent jurisdiction for an injunction against all persons or concerns guilty of such violation. Section 8. Be it further enacted, etc.. That no license shall be issued to conduct race tracks of less than one mile in circumference, within twenty -five miles of any city in this State of more than one hundred thousand 100,000 population. Section 9. Be it further enacted, etc.. That the Commisson shall immediately revoke the license of any racing association that conducts or permits Sunday racing and it shall be the duty of the Commission to see to the proper criminal prosecution of individuals, corporations, or associations in this State who conduct or attempt to conduct Sunday racing and in the furtherance of their said duty, they shall have power to contract the necessary ex]wnses for proper criminal prosecution, which expenses they shall apportion among the licensed racing associations. Section 10. Be it further enacted, etc.. That all employees of racing associations licensed by the Commission shall be residents of the State of Louisiana, except the manager, judges, starter and racing secretary, who may be non-residents of this State. Section 11. Be it farther enacted, etc.. a That all trainers r.nd jockeys training or riding horses at any race meeting licensed by the Commission shall apply to the Commission for a license, and when issued shall pay to the Commission ten dollars 01 for such license, and said license shall Mania in force and effect for one year from date of issuance, unless revoked by the Commission, or by the offcials of a race meeting licensed by the Commission; b That all fines assessed against trainers, jockeys, or any other person or persons by the Commission, or by the officials of a race meeting licensed by the Commission, shall be paid to the Commission; c That all horses running at a race meeting licensed Iiy the Commission shall lie registered with the Cfimmission. and the Commission shall be paid five dollars for each horse so registered. Whenever a horse is sold or transferred or is claimed in a selling race, the person or jktsoiis acquiring the ownership shall register tin- horse with the Commission, for which the Commission shall be paid five dollars for such registration, and all registrations shall remain in force and effect for one year from date of registering. Section 12. Be it further enacted, etc.. That said Commission shall receive, daily, from all race meets conducted under this act ten per cent do per cent of the gross receipts of said BMWt for each day from all sources; that from the funds thus received by the Commission, and from the operations of the previous section of this act, or from any other sources, the Commission shall first defray all its necessary expenses, the salaries of its members and of its secretary, and the balance thereof shall, upon the first of May of each year. lie delivered to tiie State Treasurer, witii an itemized statement of the receipts and disbursements of tiie Commission. This balance shall be, by the State Treasurer, made part of the fund arising from the quarter mill tax now levied for the building of good roads, and shall be used exclusively for that purpose. Section 13. Be it further enacted, etc.. That Act 233 of 1902 is hereby repealed: that Act 57 of 190S lie and the same is hereby repealed and amended in so far as the said act prohibits ami penalizes the operation of French Muttiel Pooling l evices. or other Registers, but ;:!1 other provisions of said Act 57 of 1908 are to remain in full fore*- ami effect as if the same were embodied herein and made part hereof. Section 14. Be it further enacted, etc.. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.


Persistent Link: https://drf.uky.edu/catalog/1910s/drf1916062101/drf1916062101_1_5
Local Identifier: drf1916062101_1_5
Library of Congress Record: https://lccn.loc.gov/unk82075800