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Senate approves horse‑racing bill imposing loser‑pays attorney fees to curb repeated appeals
Summary
First substitute Senate Bill 2 76, which would let the Utah Racing Commission recover attorney fees from unsuccessful appellants and has an immediate effective date to take effect before the April racing season, passed the Senate unanimously and will go to the House.
The Utah Senate passed first substitute Senate Bill 2 76 on day 35, a measure designed to discourage repeated appeals in horse‑racing enforcement proceedings by shifting attorney‑fee risk to unsuccessful appellants.
Sponsor Senator McKell said the Racing Commission had incurred substantial attorney fees from repeated appeals filed by parties who ultimately lost but continued to file appeals and collect purse money in other states while Utah’s process remained unresolved. McKell said the bill requires a losing appellant to pay the commission’s attorney fees in these narrow circumstances and sets an immediate effective date so the rule is in place before the racing season in April.
Senator McKell said the immediate effective date requires 20 affirmative votes; he moved the bill and the Senate approved it on a roll call of 22 aye, 0 nay, with seven absent. McKell said the change is limited to situations where appeals have been abused and is intended to protect the integrity and finances of racing oversight.
Why it matters: Supporters say the change will deter abusive appeals that delay enforcement and impose costs on the commission and the racing community; supporters framed the change as narrow and aimed at bad actors. The bill’s immediate effective date was arranged to take effect before the upcoming racing season.
Next steps: The bill will be transmitted to the Utah House of Representatives.
