New Mexico 2025 Regular Session

New Mexico House Bill HB546 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 546
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
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3535 OF
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3939 MEXICO
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Rod Montoya
4848 AN ACT
4949 RELATING TO HORSE RACING; AMENDING AND ENACTING SECTIONS OF THE
5050 HORSE RACING ACT; CREATING THE STATE RACING COMMISSION
5151 NOMINATING COMMITTEE; REQUIRING MEMBERS OF THE STATE RACING
5252 COMMISSION TO BE SELECTED FROM A LIST OF QUALIFIED NOMINEES
5353 CREATED BY THE STATE RACING COMMISSION NOMINATING COMMITTEE;
5454 PROVIDING FOR THE EMPLOYMENT AND QUALIFICATIONS OF AN EXECUTIVE
5555 DIRECTOR OF THE STATE RACING COMMISSION.
5656 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5757 SECTION 1. Section 60-1A-2 NMSA 1978 (being Laws 2007,
5858 Chapter 39, Section 2) is amended to read:
5959 "60-1A-2. DEFINITIONS.--As used in the Horse Racing Act:
6060 A. "board" means the gaming control board;
6161 B. "breakage" means the odd cents by which the
6262 amount payable on each dollar wagered exceeds a multiple of
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9090 ten;
9191 C. "commission" means the state racing commission;
9292 D. "exotic wagering" means all wagering other than
9393 on win, place or show, through pari-mutuel wagering;
9494 E. "export" means to send a live audiovisual
9595 broadcast of a horse race in the process of being run at a
9696 horse racetrack from the originating horse racetrack to another
9797 location;
9898 F. "guest state" means a jurisdiction, other than
9999 the jurisdiction in which a horse race is run, in which a horse
100100 racetrack, off-track wagering facility or other facility that
101101 is a member of and subject to an interstate common pool is
102102 located;
103103 G. "guest track" means a horse racetrack, off-track
104104 wagering facility or other licensed facility in a location
105105 other than the state in which a horse race is run that is a
106106 member of and subject to an interstate common pool;
107107 H. "handle" means the total of all pari-mutuel
108108 wagering sales, excluding refunds and cancellations;
109109 I. "horse race" means a competition among
110110 racehorses on a predetermined course in which the horse
111111 completing the course in the least amount of time generally
112112 wins;
113113 J. "host state" means the jurisdiction within which
114114 a sending track is located, also known as a "sending state";
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143143 K. "host track" means the horse racetrack from
144144 which a horse race subject to an interstate common pool is
145145 transmitted to members of that interstate common pool, also
146146 known as a "sending track";
147147 L. "import" means to receive a live audiovisual
148148 broadcast of a horse race;
149149 M. "interstate common pool" means a pari-mutuel
150150 pool that combines comparable pari-mutuel pools from one or
151151 more locations that accept wagers on a horse race run at a
152152 sending track for purposes of establishing payoff prices at the
153153 pool members' locations, including pools in which pool members
154154 from more than one state simultaneously combine pari-mutuel
155155 pools to form an interstate common pool;
156156 N. "jockey club" means an organization that
157157 administers thoroughbred registration records and registers
158158 thoroughbreds;
159159 O. "licensed premises" means land, together with
160160 all buildings, other improvements and personal property located
161161 on the land, that is under the direct control of a racetrack
162162 licensee, including the restricted areas, grandstand and public
163163 parking areas;
164164 P. "licensee" means a person licensed by the
165165 commission and includes a holder of an occupational, secondary
166166 or racetrack license;
167167 Q. "nominating committee" means the state racing
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196196 commission nominating committee;
197197 [Q.] R. "occupational license" means a license
198198 issued by the commission to a vendor or to a person having
199199 access to a restricted area on the licensed premises, including
200200 a horse owner, trainer, jockey, agent, apprentice, groom,
201201 exercise person, veterinarian, valet, farrier, starter,
202202 clocker, racing secretary, pari-mutuel clerk and other
203203 personnel designated by the commission whose work, in whole or
204204 in part, is conducted around racehorses or pari-mutuel betting
205205 windows;
206206 [R.] S. "pari-mutuel wagering" means a system of
207207 wagering in which bets on a live or simulcast horse race are
208208 pooled and held by the racetrack licensee for distribution of
209209 the total amount, less the deductions authorized by law, to
210210 holders of winning tickets; "pari-mutuel wagering" does not
211211 include bookmaking or pool selling;
212212 [S.] T. "pari-mutuel wagering pool" means the money
213213 wagered on a specific horse race through pari-mutuel wagering;
214214 [T.] U. "practical breeder" means a person who has
215215 practical experience in breeding horses, although the person
216216 may not be actively involved in breeding horses;
217217 [U.] V. "primary residence" means the domicile
218218 where a person resides for most of the year, and, if the person
219219 is temporarily out of state, the address where a person will
220220 return when the person returns to New Mexico or the address
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249249 that a person uses for purposes of a driver's license, passport
250250 or voting;
251251 [V.] W. "quarter horse" means a racehorse that is
252252 registered with the American quarter horse association or any
253253 successor association;
254254 [W.] X. "race meet" means a period of time within
255255 dates specified by the commission in which a racetrack licensee
256256 is authorized to conduct live racing on the racing grounds;
257257 [X.] Y. "racehorse" means a quarter horse or
258258 thoroughbred that is bred and trained to compete in horse
259259 races;
260260 [Y.] Z. "racetrack license" means a license to
261261 conduct horse races issued by the commission;
262262 [Z.] AA. "racetrack licensee" means a person who
263263 has been issued a racetrack license;
264264 [AA.] BB. "racing grounds" means the area of the
265265 restricted area of licensed premises used for the purpose of
266266 conducting horse races and all activities ancillary to the
267267 conduct of horse races, including the track, stable area,
268268 jockey's quarters and horse training areas;
269269 [BB.] CC. "retainage" means money that is retained
270270 from wagers on win, place and show and on exotic wagers by a
271271 racetrack licensee pursuant to the Horse Racing Act;
272272 [CC.] DD. "restricted areas" means the stable area,
273273 the area behind the pari-mutuel betting windows and anywhere on
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302302 the racing grounds;
303303 [DD.] EE. "secondary licensee" means all officers,
304304 directors, shareholders, lenders or holders of evidence of
305305 indebtedness of a corporation or legal entity owning a horse
306306 racetrack, and all persons holding a direct or indirect
307307 interest of any nature whatsoever in the horse racetrack,
308308 including interests or positions that deal with the funds of
309309 the racetrack or that are administrative, policymaking or
310310 supervisory;
311311 [EE.] FF. "simulcast" means a transmission of a
312312 live audiovisual broadcast of a horse race being run at a horse
313313 racetrack other than the horse racetrack or other licensed
314314 facility at which the broadcast is being received for viewing
315315 pursuant to a simulcasting contract;
316316 [FF.] GG. "stakes race" means a horse race in which
317317 nominations or entry or starting fees contribute to the purse;
318318 an overnight race is not a stakes race;
319319 [GG.] HH. "steward" means an employee of the
320320 commission who supervises horse races and oversees a race meet
321321 while in progress, including holding hearings regarding
322322 licensees and enforcing the rules of the commission and the
323323 horse racetrack;
324324 [HH.] II. "takeout" means amounts authorized by
325325 statute to be deducted from the pari-mutuel wagers;
326326 [II.] JJ. "thoroughbred" means a racehorse that is
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355355 registered with the jockey club;
356356 [JJ.] KK. "track" means the surfaced oval area on
357357 which horse races are conducted; and
358358 [KK.] LL. "vendor" means a person who provides
359359 goods or services to or in the racing grounds or restricted
360360 area of the licensed premises of a horse racetrack."
361361 SECTION 2. Section 60-1A-3 NMSA 1978 (being Laws 2007,
362362 Chapter 39, Section 3) is amended to read:
363363 "60-1A-3. COMMISSION CREATED--APPOINTMENT OF MEMBERS--
364364 TERMS OF OFFICE.--
365365 A. The "state racing commission" is created and is
366366 administratively attached to the tourism department.
367367 B. The commission shall consist of five members, no
368368 more than three of whom shall be members of the same political
369369 party. The commission members shall be appointed by the
370370 governor [and be confirmed by the senate ] with the consent of
371371 the senate and shall be selected from a list of qualified
372372 nominees submitted to the governor by the nominating committee .
373373 All members of the commission shall hold at-large positions on
374374 the commission.
375375 C. At least three of the members of the commission
376376 shall be practical breeders of racehorses within New Mexico.
377377 D. A commission member shall have primary residence
378378 in New Mexico and shall be of high character and reputation so
379379 that public confidence in the administration of horse racing is
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408408 maintained.
409409 E. The term of each member of the commission shall
410410 be six years from the date of the member's appointment. The
411411 member shall serve until a successor is appointed. In the case
412412 of a vacancy in the membership of the commission, the governor
413413 shall fill the vacancy by appointment for the unexpired term
414414 from a list of nominees submitted by the nominating committee .
415415 F. A person shall not be eligible for appointment
416416 as a member of the commission who is an officer, official or
417417 director in a corporation conducting horse racing within the
418418 state. A member of the commission or relatives of a member of
419419 the commission to the first degree of consanguinity shall not
420420 have a financial interest in a licensee regulated by the
421421 commission.
422422 G. Members of the commission shall receive no
423423 salary, but each member of the commission shall receive per
424424 diem and mileage pursuant to the Per Diem and Mileage Act.
425425 [H. The commission may appoint an executive
426426 director and establish the executive director's duties and
427427 compensation.]"
428428 SECTION 3. A new section of the Horse Racing Act, Section
429429 60-1A-3.1 NMSA 1978, is enacted to read:
430430 "60-1A-3.1. [NEW MATERIAL ] STATE RACING COMMISSION
431431 NOMINATING COMMITTEE.--
432432 A. The "state racing commission nominating
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461461 committee" is created and consists of nine members who are:
462462 (1) knowledgeable about horse racing;
463463 (2) not recipients of contracts or other forms
464464 of compensation from the commission or the board;
465465 (3) not applicants or nominees for membership
466466 on the commission; and
467467 (4) appointed as follows:
468468 (a) six members appointed one each by
469469 the speaker of the house of representatives, the majority floor
470470 leader of the house of representatives, the minority floor
471471 leader of the house of representatives, the president pro
472472 tempore of the senate, the majority floor leader of the senate
473473 and the minority floor leader of the senate;
474474 (b) two members appointed by the
475475 governor; and
476476 (c) one member appointed by the chief
477477 justice of the supreme court.
478478 B. A nominating committee member shall:
479479 (1) be a resident of New Mexico;
480480 (2) serve a four-year term; and
481481 (3) serve without compensation, but shall be
482482 reimbursed for expenses incurred in pursuit of the member's
483483 duties on the nominating committee pursuant to the Per Diem and
484484 Mileage Act.
485485 C. The nominating committee and individual members
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514514 shall be subject to the Governmental Conduct Act, the
515515 Inspection of Public Records Act, the Financial Disclosure Act
516516 and the Open Meetings Act.
517517 D. Administrative support shall be provided to the
518518 nominating committee by the staff of the board.
519519 E. Initial appointments to the nominating committee
520520 shall be made by the appointing authorities prior to September
521521 1, 2025. Subsequent appointments shall be made no later than
522522 thirty days before the end of a term.
523523 F. The first meeting of the members of the
524524 nominating committee shall be held prior to November 1, 2025.
525525 The nominating committee shall select one member to be chair
526526 and one member to be secretary of the nominating committee.
527527 Following the first meeting, the nominating committee shall
528528 meet as often as necessary in order to submit a list to the
529529 governor of no fewer than two qualified nominees for
530530 appointment as members of the commission when a vacancy occurs
531531 on the commission. The list shall be developed to provide
532532 geographical diversity, and nominees on the list shall be from
533533 at least three different counties of the state.
534534 G. The nominating committee shall meet at least
535535 ninety days prior to the date on which the term of a member of
536536 the commission ends and as often as necessary thereafter in
537537 order to submit a list to the governor, at least thirty days
538538 prior to the beginning of the new term, of no fewer than two
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567567 qualified nominees from diverse geographical areas of the state
568568 for appointment as a member of the commission.
569569 H. Upon the occurrence of a vacancy on the
570570 commission, the nominating committee shall meet within thirty
571571 days of the date of the beginning of the vacancy and as often
572572 as necessary thereafter in order to submit a list to the
573573 governor, within sixty days of the first meeting after the
574574 vacancy occurs, of no fewer than two qualified nominees from
575575 diverse geographical areas of the state for appointment as a
576576 member of the commission.
577577 I. If a position on the nominating committee
578578 becomes vacant during a term, a successor shall be selected in
579579 the same manner as the original appointment for that position
580580 and shall serve for the remainder of the term of the position
581581 vacated.
582582 J. The nominating committee shall actively solicit,
583583 accept and evaluate applications and may require an applicant
584584 to submit any information the nominating committee deems
585585 relevant to the consideration of the individual's application.
586586 K. A majority vote of all members of the nominating
587587 committee in favor of a person is required for that person to
588588 be included on the list of qualified nominees submitted to the
589589 governor."
590590 SECTION 4. Section 60-1A-4 NMSA 1978 (being Laws 2007,
591591 Chapter 39, Section 4) is amended to read:
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620620 "60-1A-4. COMMISSION--POWERS--DUTIES.--
621621 A. The commission may:
622622 (1) grant, deny, suspend or revoke
623623 occupational licenses, secondary licenses and racetrack
624624 licenses, establish the terms for each classification of a
625625 racetrack license and set fees for submitting an application
626626 for a license;
627627 (2) exclude or compel the exclusion of a
628628 person from all horse racetracks [who ] whom the commission
629629 deems detrimental to the best interests of horse racing or who
630630 willfully violates the Horse Racing Act, a rule or order of the
631631 commission or a law of the United States or New Mexico;
632632 (3) compel the production of documents, books
633633 and tangible items, including documents showing the receipts
634634 and disbursements of a racetrack licensee;
635635 (4) investigate the operations of a licensee
636636 and place a designated representative on the licensed premises
637637 of a racetrack licensee for the purpose of observing compliance
638638 with the Horse Racing Act and rules or orders of the
639639 commission;
640640 (5) employ staff as required to administer the
641641 Horse Racing Act and employ staff with basic law enforcement
642642 training to be stationed at racetracks to maintain peace and
643643 order, enforce the law, conduct investigations and enforce the
644644 Horse Racing Act or rules or orders of the commission; provided
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673673 that staff employed with law enforcement training may not carry
674674 firearms or other deadly weapons while on duty for the
675675 commission;
676676 (6) summon witnesses;
677677 (7) administer oaths for the effective
678678 discharge of the commission's authority; and
679679 (8) appoint a hearing officer to conduct
680680 hearings required by the Horse Racing Act or a rule adopted
681681 pursuant to that act.
682682 B. The commission shall:
683683 (1) make rules to hold, conduct and operate
684684 all race meets and horse races held in the state and to
685685 identify and assign racing dates;
686686 (2) require the following information for each
687687 applicant on an application for a license:
688688 (a) the full name, address and contact
689689 information of the applicant, and if the applicant is a
690690 corporation, the name of the state of incorporation and the
691691 names, addresses and contact information of officers, members
692692 of the board of directors and managers of the corporation;
693693 (b) the exact location at which the
694694 applicant desires to conduct a horse race or race meet;
695695 (c) whether the horse racetrack is owned
696696 or leased, and, if leased, the name and residence of the fee
697697 owner of the land or, if the owner is a corporation, the names
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726726 of the directors and stockholders;
727727 (d) a statement of the assets and
728728 liabilities of the person or corporation making the
729729 application;
730730 (e) the kind of racing to be conducted;
731731 (f) the beginning and ending dates
732732 desired for the race meet and the days during that time period
733733 when horse races are to be scheduled; and
734734 (g) other information determined by the
735735 commission to be necessary to assess the potential for success
736736 of the applicant;
737737 (3) require a statement under oath by the
738738 applicant that the information on the application is true;
739739 (4) supervise and oversee the making of
740740 pari-mutuel pools and the distribution from those pools;
741741 (5) make on-site inspections of horse
742742 racetracks in New Mexico at reasonable intervals;
743743 (6) approve all improvements proposed to be
744744 completed on the licensed premises of a horse racetrack,
745745 including extensions, additions or improvements of buildings,
746746 stables or tracks;
747747 (7) monitor and oversee the pari-mutuel
748748 machines and equipment at all horse races or race meets held in
749749 the state;
750750 (8) approve contracts for simulcasting,
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779779 pari-mutuel wagering and capital improvements funded pursuant
780780 to Section 60-1A-20 NMSA 1978 entered into by horse racetracks;
781781 (9) regulate the size of the purses to be
782782 offered at horse races run in the state;
783783 (10) require background investigations of
784784 employees of a racetrack licensee as set forth in the rules of
785785 the commission; [and]
786786 (11) provide an annual report to the governor
787787 regarding the commission's administration of horse racing in
788788 the state; and
789789 (12) appoint an executive director ."
790790 SECTION 5. A new section of the Horse Racing Act is
791791 enacted to read:
792792 "[NEW MATERIAL] EXECUTIVE DIRECTOR--QUALIFICATIONS.--
793793 A. The executive director appointed by the
794794 commission shall have had at least five years of responsible
795795 supervisory administrative experience in a governmental gaming
796796 regulatory agency.
797797 B. The executive director appointed by the
798798 commission shall not have a financial interest, either directly
799799 or indirectly, in a racetrack or the operation of licensed
800800 wagering on the results of races."
801801 SECTION 6. EFFECTIVE DATE.--The effective date of the
802802 provisions of this act is July 1, 2025.
803803 - 15 -
804804 .229926.2