Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 276 (2025GS)

Sponsor

Sen. McKell, Michael K.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes that a person may appeal a final order or ruling by the Utah Horse Racing Commission (commission) to a court;
• awards costs and fees, attorney fees, and court costs to the Department of Agriculture and Food if the commission prevails upon an appeal to a court;
• requires the commission to adopt rules for a proceeding before the board of stewards; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
4-38-501
0
Utah Horse Racing Commission Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill addresses hearings related to the Utah Horse Racing Commission.
Highlighted Provisions:
This bill:
establishes that a person may appeal a final order or ruling by the Utah Horse Racing 
Commission (commission) to a court;
awards costs and fees, attorney fees, and court costs to the Department of Agriculture and 
Food if the commission prevails upon an appeal to a court;
requires the commission to adopt rules for a proceeding before the board of stewards; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-38-501
, as renumbered and amended by Laws of Utah 2017, Chapter 345
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-38-501
 is amended to read:
4-38-501
. Hearings before commission -- Hearings before board of stewards -- 
Appeal -- Costs and attorney fees -- Rulemaking.
(1)
(a)
Except as otherwise provided in this section, 
all proceedings before the 
commission or the commission's hearing officer with respect to the denial, 
suspension, or revocation of licenses or the imposition of fines shall be conducted 
pursuant to
the commission or the commission's hearing officer shall conduct an 
informal adjudicative proceeding with respect to the denial, suspension, or revocation 
of a license or imposition of a fine in accordance with
Title 63G, Chapter 4, 
Administrative Procedures Act
.
(b)
A final order or ruling from the commission shall take effect immediately and remain 
effective unless stayed by a court.
(c)
A person aggrieved by a final order or ruling issued by the commission may appeal 
the order or ruling to a court.
(d)
A court shall award costs, fees, attorney fees, and court costs to the department if the 
commission prevails upon an appeal described in Subsection 
(1)(c)
.
(2)
(a)
These proceedings shall be held 
The commission shall hold an informal 
adjudicative proceeding 
in the county where the commission has an office or in 
any 
other
a
 place the commission designates.
(b)
The commission shall notify the applicant or licensee by mailing, by first class mail, 
a copy of the written notice required to the last address furnished by the application 
or licensee to the commission at least seven days in advance of the hearing.
(3)
The commission may delegate the commission's authority to conduct hearings with 
respect to the denial or suspension of licenses or the imposition of a fine to a hearing 
officer.
(4)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the commission shall make rules of procedure and evidence for a proceeding before 
the board of stewards.
(b)
Proceedings before the board of stewards need not be governed by the procedural or 
other requirements of 
Title 63G, Chapter 4, Administrative Procedures Act
, but 
rather shall be conducted 
The board of stewards shall conduct a proceeding 
in 
accordance with rules adopted by the commission.
(5)
The commission and the board of stewards may administer oaths and affirmations, sign 
and issue subpoenas, order the production of documents and other evidence, and 
regulate the course of the hearing 
pursuant to
in accordance with
 rules adopted by the 
commission.
(6)
(a)
Any person aggrieved by a final order or ruling issued by a board of stewards may 
appeal the order or ruling to the commission 
pursuant to
in accordance with the
procedural rules adopted by the commission.
(b)
The aggrieved party may petition the commission for a stay of execution pending 
appeal to the commission.
Section 2. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), 
May 7, 2025
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-14-25 2:02 PM