New Mexico 2025 Regular Session

New Mexico House Bill HB367 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 367
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Joseph L. Sanchez and Tara L. Lujan
48	48	and Patricia Roybal Caballero and Luis M. Terrazas
49	49	and Jimmy G. Mason
50	50	AN ACT
51	51	RELATING TO HORSE RACING; AMENDING THE TIME FRAME FOR THE
52	52	NUMBER OF LIVE RACE DAYS NECESSARY FOR A RACETRACK TO MAINTAIN
53	53	A GAMING OPERATOR'S LICENSE.
54	54	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
55	55	SECTION 1. Section 60-1A-2 NMSA 1978 (being Laws 2007,
56	56	Chapter 39, Section 2) is amended to read:
57	57	"60-1A-2. DEFINITIONS.--As used in the Horse Racing Act:
58	58	A. "board" means the gaming control board;
59	59	B. "breakage" means the odd cents by which the
60	60	amount payable on each dollar wagered exceeds a multiple of
61	61	ten;
62	62	C. "commission" means the state racing commission;
63	63	D. "exotic wagering" means all wagering other than
64	64	on win, place or show, through pari-mutuel wagering;
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92	92	E. "export" means to send a live audiovisual
93	93	broadcast of a horse race in the process of being run at a
94	94	horse racetrack from the originating horse racetrack to another
95	95	location;
96	96	F. "guest state" means a jurisdiction, other than
97	97	the jurisdiction in which a horse race is run, in which a horse
98	98	racetrack, off-track wagering facility or other facility that
99	99	is a member of and subject to an interstate common pool is
100	100	located;
101	101	G. "guest track" means a horse racetrack, off-track
102	102	wagering facility or other licensed facility in a location
103	103	other than the state in which a horse race is run that is a
104	104	member of and subject to an interstate common pool;
105	105	H. "handle" means the total of all pari-mutuel
106	106	wagering sales, excluding refunds and cancellations;
107	107	I. "horse race" means a competition among
108	108	racehorses on a predetermined course in which the horse
109	109	completing the course in the least amount of time generally
110	110	wins;
111	111	J. "host state" means the jurisdiction within which
112	112	a sending track is located, also known as a "sending state";
113	113	K. "host track" means the horse racetrack from
114	114	which a horse race subject to an interstate common pool is
115	115	transmitted to members of that interstate common pool, also
116	116	known as a "sending track";
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145	145	L. "import" means to receive a live audiovisual
146	146	broadcast of a horse race;
147	147	M. "interstate common pool" means a pari-mutuel
148	148	pool that combines comparable pari-mutuel pools from one or
149	149	more locations that accept wagers on a horse race run at a
150	150	sending track for purposes of establishing payoff prices at the
151	151	pool members' locations, including pools in which pool members
152	152	from more than one state simultaneously combine pari-mutuel
153	153	pools to form an interstate common pool;
154	154	N. "jockey club" means an organization that
155	155	administers thoroughbred registration records and registers
156	156	thoroughbreds;
157	157	O. "licensed premises" means land, together with
158	158	all buildings, other improvements and personal property located
159	159	on the land, that is under the direct control of a racetrack
160	160	licensee, including the restricted areas, grandstand and public
161	161	parking areas;
162	162	P. "licensee" means a person licensed by the
163	163	commission and includes a holder of an occupational, secondary
164	164	or racetrack license;
165	165	Q. "occupational license" means a license issued by
166	166	the commission to a vendor or to a person having access to a
167	167	restricted area on the licensed premises, including a horse
168	168	owner, trainer, jockey, agent, apprentice, groom, exercise
169	169	person, veterinarian, valet, farrier, starter, clocker, racing
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198	198	secretary, pari-mutuel clerk and other personnel designated by
199	199	the commission whose work, in whole or in part, is conducted
200	200	around racehorses or pari-mutuel betting windows;
201	201	R. "pari-mutuel wagering" means a system of
202	202	wagering in which bets on a live or simulcast horse race are
203	203	pooled and held by the racetrack licensee for distribution of
204	204	the total amount, less the deductions authorized by law, to
205	205	holders of winning tickets; "pari-mutuel wagering" does not
206	206	include bookmaking or pool selling;
207	207	S. "pari-mutuel wagering pool" means the money
208	208	wagered on a specific horse race through pari-mutuel wagering;
209	209	T. "practical breeder" means a person who has
210	210	practical experience in breeding horses, although the person
211	211	may not be actively involved in breeding horses;
212	212	U. "primary residence" means the domicile where a
213	213	person resides for most of the year, and, if the person is
214	214	temporarily out of state, the address where a person will
215	215	return when the person returns to New Mexico or the address
216	216	that a person uses for purposes of a driver's license, passport
217	217	or voting;
218	218	V. "quarter horse" means a racehorse that is
219	219	registered with the American quarter horse association or any
220	220	successor association;
221	221	W. "race meet" means a period of time within dates
222	222	specified by the commission in which a racetrack licensee is
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251	251	authorized to conduct and does conduct live racing on the
252	252	racing grounds;
253	253	X. "racehorse" means a quarter horse or
254	254	thoroughbred that is bred and trained to compete in horse
255	255	races;
256	256	Y. "racetrack license" means a license to conduct
257	257	horse races issued by the commission;
258	258	Z. "racetrack licensee" means a person who has been
259	259	issued a racetrack license;
260	260	AA. "racing grounds" means the area of the
261	261	restricted area of licensed premises used for the purpose of
262	262	conducting horse races and all activities ancillary to the
263	263	conduct of horse races, including the track, stable area,
264	264	jockey's quarters and horse training areas;
265	265	BB. "retainage" means money that is retained from
266	266	wagers on win, place and show and on exotic wagers by a
267	267	racetrack licensee pursuant to the Horse Racing Act;
268	268	CC. "restricted areas" means the stable area, the
269	269	area behind the pari-mutuel betting windows and anywhere on the
270	270	racing grounds;
271	271	DD. "secondary licensee" means all officers,
272	272	directors, shareholders, lenders or holders of evidence of
273	273	indebtedness of a corporation or legal entity owning a horse
274	274	racetrack, and all persons holding a direct or indirect
275	275	interest of any nature whatsoever in the horse racetrack,
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304	304	including interests or positions that deal with the funds of
305	305	the racetrack or that are administrative, policymaking or
306	306	supervisory;
307	307	EE. "simulcast" means a transmission of a live
308	308	audiovisual broadcast of a horse race being run at a horse
309	309	racetrack other than the horse racetrack or other licensed
310	310	facility at which the broadcast is being received for viewing
311	311	pursuant to a simulcasting contract;
312	312	FF. "stakes race" means a horse race in which
313	313	nominations or entry or starting fees contribute to the purse;
314	314	an overnight race is not a stakes race;
315	315	GG. "steward" means an employee of the commission
316	316	who supervises horse races and oversees a race meet while in
317	317	progress, including holding hearings regarding licensees and
318	318	enforcing the rules of the commission and the horse racetrack;
319	319	HH. "takeout" means amounts authorized by statute
320	320	to be deducted from the pari-mutuel wagers;
321	321	II. "thoroughbred" means a racehorse that is
322	322	registered with the jockey club;
323	323	JJ. "track" means the surfaced oval area on which
324	324	horse races are conducted; and
325	325	KK. "vendor" means a person who provides goods or
326	326	services to or in the racing grounds or restricted area of the
327	327	licensed premises of a horse racetrack."
328	328	SECTION 2. A new section of the Horse Racing Act is
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357	357	enacted to read:
358	358	"[NEW MATERIAL] RACE MEETS--LIVE RACING DAYS.--
359	359	A. An authorized race meet shall:
360	360	(1) be scheduled for a minimum of fifteen
361	361	weeks;
362	362	(2) include three live race days for each week
363	363	of the race meet with at least ten live races per day for a
364	364	racetrack licensee that in the prior fiscal year paid gaming
365	365	tax to the state on its net take in an amount equal to or less
366	366	than eight million dollars ($8,000,000) pursuant to Section
367	367	60-2E-47 NMSA 1978; and
368	368	(3) include four live race days for each week
369	369	of the race meet with at least nine live races per day for a
370	370	racetrack licensee that in the prior fiscal year paid gaming
371	371	tax to the state on its net take in an amount greater than
372	372	eight million dollars ($8,000,000) pursuant to Section 60-2E-47
373	373	NMSA 1978.
374	374	B. Live racing shall begin on the first day of an
375	375	authorized race meet and shall conclude on the final day of the
376	376	meet.
377	377	C. There shall be a lapse of no more than three
378	378	consecutive days in live racing from the date a race meet ends
379	379	at the racing grounds of one racetrack licensee and the
380	380	beginning of a race meet for another racetrack licensee."
381	381	SECTION 3. Section 60-2E-27 NMSA 1978 (being Laws 1997,
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410	410	Chapter 190, Section 29, as amended) is amended to read:
411	411	"60-2E-27. GAMING OPERATOR LICENSEES--SPECIAL CONDITIONS
412	412	FOR RACETRACKS--NUMBER OF GAMING MACHINES--DAYS AND HOURS OF
413	413	OPERATIONS.--
414	414	A. A racetrack licensed by the state racing
415	415	commission pursuant to the Horse Racing Act to conduct live
416	416	horse races or simulcast races may be issued a gaming
417	417	operator's license to operate gaming machines on its premises
418	418	where live racing is conducted.
419	419	B. A racetrack's gaming operator's license shall
420	420	automatically become void if:
421	421	(1) the racetrack no longer holds an active
422	422	license to conduct pari-mutuel wagering;
423	423	(2) the racetrack paid gaming tax to the
424	424	state on its net take in an amount greater than eight million
425	425	dollars ($8,000,000) in the prior fiscal year pursuant to
426	426	Section 60-2E-47 NMSA 1978 and fails to maintain a minimum of
427	427	four live race days a week with no more than three
428	428	consecutive days elapsing between live race days and with at
429	429	least nine live races on each race day during its licensed
430	430	race meet, except as provided in Subsection F of this
431	431	section; or
432	432	(3) the racetrack paid gaming tax to the
433	433	state on its net take in an amount equal to eight million
434	434	dollars ($8,000,000) or less in the prior fiscal year
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463	463	pursuant to Section 60-2E-47 NMSA 1978 and fails to maintain
464	464	a minimum of three live race days a week with no more than
465	465	four consecutive days elapsing between live race days and
466	466	with at least ten live races on each day during its licensed
467	467	race meets, except as provided in Subsection F of this
468	468	section.
469	469	C. Unless a larger number is allowed pursuant to
470	470	Subsection D of this section, a gaming operator licensee that
471	471	is a racetrack may have up to six hundred licensed gaming
472	472	machines.
473	473	D. By execution of an allocation agreement,
474	474	signed by both the allocating racetrack and the racetrack to
475	475	which the allocation is made, a gaming operator licensee that
476	476	is a racetrack may allocate any number of its authorized
477	477	gaming machines to another gaming operator licensee that is a
478	478	racetrack. To be valid, the allocation agreement must bear
479	479	the written approval of the board and the state racing
480	480	commission, and this approval shall make specific reference
481	481	to the meeting at which the action of approval was taken and
482	482	the number of votes cast both for and against the approval.
483	483	By allocating a number of its authorized machines to another
484	484	racetrack, the allocating racetrack automatically surrenders
485	485	all rights to operate the number of machines allocated. No
486	486	racetrack shall operate or be authorized to operate more than
487	487	seven hundred fifty gaming machines.
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516	516	E. Gaming machines on a racetrack gaming operator
517	517	licensee's premises may be played only on days when the
518	518	racetrack is either conducting live horse races or
519	519	simulcasting horse race meets. On days when gaming machines
520	520	are permitted to be operated, a racetrack gaming operator
521	521	licensee may offer gaming machines for operation for up to
522	522	eighteen hours per day; provided that the total number of
523	523	hours in which gaming machines are operated does not exceed
524	524	one hundred twelve hours in a one-week period beginning on
525	525	Tuesday at 8:00 a.m. and ending at 8:00 a.m. on the following
526	526	Tuesday. A racetrack gaming operator licensee may offer
527	527	gaming machines for play at any time during a day; provided
528	528	that the total hours of operation in each day from just after
529	529	midnight of the previous day until midnight of the current
530	530	day does not exceed eighteen hours. A racetrack gaming
531	531	operator licensee shall determine, within the limitations
532	532	imposed by this subsection, the hours it will offer gaming
533	533	machines for operation each day and shall notify the board in
534	534	writing of those hours.
535	535	F. Maintaining fewer live race days or fewer live
536	536	races on each race day or allowing more than the permitted
537	537	number of days to elapse between live race days during a
538	538	licensed race meet does not constitute a failure to maintain
539	539	the minimum number of live race days or races or a failure to
540	540	restrict the number of lapsed days between live race days as
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569	569	required by Paragraphs (2) and (3) of Subsection B of this
570	570	section if the licensee submits to the board written approval
571	571	by the state racing commission for the licensee to vary the
572	572	minimum number of live race days or races or increase the
573	573	number of days that may lapse between live race days , and the
574	574	variance is due to:
575	575	(1) the inability of a racetrack gaming
576	576	operator licensee to fill races as published in the
577	577	licensee's condition book as long as the same type of
578	578	canceled race is run within the following two race weeks as
579	579	the race season permits;
580	580	(2) severe weather or other act, event or
581	581	occurrence resulting from natural forces;
582	582	(3) a strike or work stoppage by jockeys or
583	583	other persons necessary to conduct a race or meet;
584	584	(4) a power outage, electrical failure or
585	585	failure or unavailability of any equipment or supplies
586	586	necessary to conduct a race or meet;
587	587	(5) hazardous conditions or other threats to
588	588	the public health or safety; or
589	589	(6) any other act, event or occurrence that
590	590	the board finds is not within the control of the licensee
591	591	even with the exercise of reasonable diligence or care.
592	592	G. Alcoholic beverages shall not be sold, served,
593	593	delivered or consumed in the area restricted pursuant to
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622	622	Subsection F of Section 60-2E-26 NMSA 1978."
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