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HOUSE BILL 367
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Joseph L. Sanchez and Tara L. Lujan
and Patricia Roybal Caballero and Luis M. Terrazas
and Jimmy G. Mason
AN ACT
RELATING TO HORSE RACING; AMENDING THE TIME FRAME FOR THE
NUMBER OF LIVE RACE DAYS NECESSARY FOR A RACETRACK TO MAINTAIN
A GAMING OPERATOR'S LICENSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-1A-2 NMSA 1978 (being Laws 2007,
Chapter 39, Section 2) is amended to read:
"60-1A-2. DEFINITIONS.--As used in the Horse Racing Act:
A. "board" means the gaming control board;
B. "breakage" means the odd cents by which the
amount payable on each dollar wagered exceeds a multiple of
ten;
C. "commission" means the state racing commission;
D. "exotic wagering" means all wagering other than
on win, place or show, through pari-mutuel wagering;
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E. "export" means to send a live audiovisual
broadcast of a horse race in the process of being run at a
horse racetrack from the originating horse racetrack to another
location;
F. "guest state" means a jurisdiction, other than
the jurisdiction in which a horse race is run, in which a horse
racetrack, off-track wagering facility or other facility that
is a member of and subject to an interstate common pool is
located;
G. "guest track" means a horse racetrack, off-track
wagering facility or other licensed facility in a location
other than the state in which a horse race is run that is a
member of and subject to an interstate common pool;
H. "handle" means the total of all pari-mutuel
wagering sales, excluding refunds and cancellations;
I. "horse race" means a competition among
racehorses on a predetermined course in which the horse
completing the course in the least amount of time generally
wins;
J. "host state" means the jurisdiction within which
a sending track is located, also known as a "sending state";
K. "host track" means the horse racetrack from
which a horse race subject to an interstate common pool is
transmitted to members of that interstate common pool, also
known as a "sending track";
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L. "import" means to receive a live audiovisual
broadcast of a horse race;
M. "interstate common pool" means a pari-mutuel
pool that combines comparable pari-mutuel pools from one or
more locations that accept wagers on a horse race run at a
sending track for purposes of establishing payoff prices at the
pool members' locations, including pools in which pool members
from more than one state simultaneously combine pari-mutuel
pools to form an interstate common pool;
N. "jockey club" means an organization that
administers thoroughbred registration records and registers
thoroughbreds;
O. "licensed premises" means land, together with
all buildings, other improvements and personal property located
on the land, that is under the direct control of a racetrack
licensee, including the restricted areas, grandstand and public
parking areas;
P. "licensee" means a person licensed by the
commission and includes a holder of an occupational, secondary
or racetrack license;
Q. "occupational license" means a license issued by
the commission to a vendor or to a person having access to a
restricted area on the licensed premises, including a horse
owner, trainer, jockey, agent, apprentice, groom, exercise
person, veterinarian, valet, farrier, starter, clocker, racing
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secretary, pari-mutuel clerk and other personnel designated by
the commission whose work, in whole or in part, is conducted
around racehorses or pari-mutuel betting windows;
R. "pari-mutuel wagering" means a system of
wagering in which bets on a live or simulcast horse race are
pooled and held by the racetrack licensee for distribution of
the total amount, less the deductions authorized by law, to
holders of winning tickets; "pari-mutuel wagering" does not
include bookmaking or pool selling;
S. "pari-mutuel wagering pool" means the money
wagered on a specific horse race through pari-mutuel wagering;
T. "practical breeder" means a person who has
practical experience in breeding horses, although the person
may not be actively involved in breeding horses;
U. "primary residence" means the domicile where a
person resides for most of the year, and, if the person is
temporarily out of state, the address where a person will
return when the person returns to New Mexico or the address
that a person uses for purposes of a driver's license, passport
or voting;
V. "quarter horse" means a racehorse that is
registered with the American quarter horse association or any
successor association;
W. "race meet" means a period of time within dates
specified by the commission in which a racetrack licensee is
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authorized to conduct and does conduct live racing on the
racing grounds;
X. "racehorse" means a quarter horse or
thoroughbred that is bred and trained to compete in horse
races;
Y. "racetrack license" means a license to conduct
horse races issued by the commission;
Z. "racetrack licensee" means a person who has been
issued a racetrack license;
AA. "racing grounds" means the area of the
restricted area of licensed premises used for the purpose of
conducting horse races and all activities ancillary to the
conduct of horse races, including the track, stable area,
jockey's quarters and horse training areas;
BB. "retainage" means money that is retained from
wagers on win, place and show and on exotic wagers by a
racetrack licensee pursuant to the Horse Racing Act;
CC. "restricted areas" means the stable area, the
area behind the pari-mutuel betting windows and anywhere on the
racing grounds;
DD. "secondary licensee" means all officers,
directors, shareholders, lenders or holders of evidence of
indebtedness of a corporation or legal entity owning a horse
racetrack, and all persons holding a direct or indirect
interest of any nature whatsoever in the horse racetrack,
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including interests or positions that deal with the funds of
the racetrack or that are administrative, policymaking or
supervisory;
EE. "simulcast" means a transmission of a live
audiovisual broadcast of a horse race being run at a horse
racetrack other than the horse racetrack or other licensed
facility at which the broadcast is being received for viewing
pursuant to a simulcasting contract;
FF. "stakes race" means a horse race in which
nominations or entry or starting fees contribute to the purse;
an overnight race is not a stakes race;
GG. "steward" means an employee of the commission
who supervises horse races and oversees a race meet while in
progress, including holding hearings regarding licensees and
enforcing the rules of the commission and the horse racetrack;
HH. "takeout" means amounts authorized by statute
to be deducted from the pari-mutuel wagers;
II. "thoroughbred" means a racehorse that is
registered with the jockey club;
JJ. "track" means the surfaced oval area on which
horse races are conducted; and
KK. "vendor" means a person who provides goods or
services to or in the racing grounds or restricted area of the
licensed premises of a horse racetrack."
SECTION 2. A new section of the Horse Racing Act is
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enacted to read:
"[NEW MATERIAL] RACE MEETS--LIVE RACING DAYS.--
A. An authorized race meet shall:
(1) be scheduled for a minimum of fifteen
weeks;
(2) include three live race days for each week
of the race meet with at least ten live races per day for a
racetrack licensee that in the prior fiscal year paid gaming
tax to the state on its net take in an amount equal to or less
than eight million dollars ($8,000,000) pursuant to Section
60-2E-47 NMSA 1978; and
(3) include four live race days for each week
of the race meet with at least nine live races per day for a
racetrack licensee that in the prior fiscal year paid gaming
tax to the state on its net take in an amount greater than
eight million dollars ($8,000,000) pursuant to Section 60-2E-47
NMSA 1978.
B. Live racing shall begin on the first day of an
authorized race meet and shall conclude on the final day of the
meet.
C. There shall be a lapse of no more than three
consecutive days in live racing from the date a race meet ends
at the racing grounds of one racetrack licensee and the
beginning of a race meet for another racetrack licensee."
SECTION 3. Section 60-2E-27 NMSA 1978 (being Laws 1997,
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Chapter 190, Section 29, as amended) is amended to read:
"60-2E-27. GAMING OPERATOR LICENSEES--SPECIAL CONDITIONS
FOR RACETRACKS--NUMBER OF GAMING MACHINES--DAYS AND HOURS OF
OPERATIONS.--
A. A racetrack licensed by the state racing
commission pursuant to the Horse Racing Act to conduct live
horse races or simulcast races may be issued a gaming
operator's license to operate gaming machines on its premises
where live racing is conducted.
B. A racetrack's gaming operator's license shall
automatically become void if:
(1) the racetrack no longer holds an active
license to conduct pari-mutuel wagering;
(2) the racetrack paid gaming tax to the
state on its net take in an amount greater than eight million
dollars ($8,000,000) in the prior fiscal year pursuant to
Section 60-2E-47 NMSA 1978 and fails to maintain a minimum of
four live race days a week with no more than three
consecutive days elapsing between live race days and with at
least nine live races on each race day during its licensed
race meet, except as provided in Subsection F of this
section; or
(3) the racetrack paid gaming tax to the
state on its net take in an amount equal to eight million
dollars ($8,000,000) or less in the prior fiscal year
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pursuant to Section 60-2E-47 NMSA 1978 and fails to maintain
a minimum of three live race days a week with no more than
four consecutive days elapsing between live race days and
with at least ten live races on each day during its licensed
race meets, except as provided in Subsection F of this
section.
C. Unless a larger number is allowed pursuant to
Subsection D of this section, a gaming operator licensee that
is a racetrack may have up to six hundred licensed gaming
machines.
D. By execution of an allocation agreement,
signed by both the allocating racetrack and the racetrack to
which the allocation is made, a gaming operator licensee that
is a racetrack may allocate any number of its authorized
gaming machines to another gaming operator licensee that is a
racetrack. To be valid, the allocation agreement must bear
the written approval of the board and the state racing
commission, and this approval shall make specific reference
to the meeting at which the action of approval was taken and
the number of votes cast both for and against the approval.
By allocating a number of its authorized machines to another
racetrack, the allocating racetrack automatically surrenders
all rights to operate the number of machines allocated. No
racetrack shall operate or be authorized to operate more than
seven hundred fifty gaming machines.
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E. Gaming machines on a racetrack gaming operator
licensee's premises may be played only on days when the
racetrack is either conducting live horse races or
simulcasting horse race meets. On days when gaming machines
are permitted to be operated, a racetrack gaming operator
licensee may offer gaming machines for operation for up to
eighteen hours per day; provided that the total number of
hours in which gaming machines are operated does not exceed
one hundred twelve hours in a one-week period beginning on
Tuesday at 8:00 a.m. and ending at 8:00 a.m. on the following
Tuesday. A racetrack gaming operator licensee may offer
gaming machines for play at any time during a day; provided
that the total hours of operation in each day from just after
midnight of the previous day until midnight of the current
day does not exceed eighteen hours. A racetrack gaming
operator licensee shall determine, within the limitations
imposed by this subsection, the hours it will offer gaming
machines for operation each day and shall notify the board in
writing of those hours.
F. Maintaining fewer live race days or fewer live
races on each race day or allowing more than the permitted
number of days to elapse between live race days during a
licensed race meet does not constitute a failure to maintain
the minimum number of live race days or races or a failure to
restrict the number of lapsed days between live race days as
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required by Paragraphs (2) and (3) of Subsection B of this
section if the licensee submits to the board written approval
by the state racing commission for the licensee to vary the
minimum number of live race days or races or increase the
number of days that may lapse between live race days , and the
variance is due to:
(1) the inability of a racetrack gaming
operator licensee to fill races as published in the
licensee's condition book as long as the same type of
canceled race is run within the following two race weeks as
the race season permits;
(2) severe weather or other act, event or
occurrence resulting from natural forces;
(3) a strike or work stoppage by jockeys or
other persons necessary to conduct a race or meet;
(4) a power outage, electrical failure or
failure or unavailability of any equipment or supplies
necessary to conduct a race or meet;
(5) hazardous conditions or other threats to
the public health or safety; or
(6) any other act, event or occurrence that
the board finds is not within the control of the licensee
even with the exercise of reasonable diligence or care.
G. Alcoholic beverages shall not be sold, served,
delivered or consumed in the area restricted pursuant to
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Subsection F of Section 60-2E-26 NMSA 1978."
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