SENATE BILL 251

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antonio Maestas and Rex Wilson and Candy Spence Ezzell

 

 

 

 

 

AN ACT

RELATING TO HORSE RACING; PROHIBITING PROGRAM TRAINING AND PROGRAM OWNING OF RACEHORSES; PROVIDING THE STATE RACING COMMISSION WITH THE AUTHORITY TO REFUSE TO LICENSE OR TO SUSPEND OR REVOKE THE LICENSE OF A PERSON FOUND TO HAVE ENGAGED IN PROGRAM TRAINING OR PROGRAM OWNING OF A RACEHORSE.

 

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;

          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";

          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 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. "program owner" means a licensed owner who, solely for the purpose of the official race program, is identified as the owner of a horse that is actually owned by another person who may or may not hold a current owner's license in any jurisdiction;

          W. "program trainer" means a licensed trainer who, solely for the purpose of the official race program, is identified as the trainer of a horse that is actually under the control of and trained by another person who may or may not hold a current trainer's license in any jurisdiction;

          [V.] X. "quarter horse" means a racehorse that is registered with the American quarter horse association or any successor association;

          [W.] Y. "race meet" means a period of time within dates specified by the commission in which a racetrack licensee is authorized to conduct live racing on the racing grounds;

          [X.] Z. "racehorse" means a quarter horse or thoroughbred that is bred and trained to compete in horse races;

          [Y.] AA. "racetrack license" means a license to conduct horse races issued by the commission;

          [Z.] BB. "racetrack licensee" means a person who has been issued a racetrack license;

          [AA.] CC. "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.] DD. "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.] EE. "restricted areas" means the stable area, the area behind the pari-mutuel betting windows and anywhere on the racing grounds;

          [DD.] FF. "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, including interests or positions that deal with the funds of the racetrack or that are administrative, policymaking or supervisory;

          [EE.] GG. "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.] HH. "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.] II. "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.] JJ. "takeout" means amounts authorized by statute to be deducted from the pari-mutuel wagers;

          [II.] KK. "thoroughbred" means a racehorse that is registered with the jockey club;

          [JJ.] LL. "track" means the surfaced oval area on which horse races are conducted; and

          [KK.] MM. "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. Section 60-1A-11 NMSA 1978 (being Laws 2007, Chapter 39, Section 11, as amended by Laws 2017, Chapter 28, Section 1 and by Laws 2017, Chapter 145, Section 1) is amended to read:

     "60-1A-11. GRANTING A LICENSE--STANDARDS--DENIAL AND REVOCATION--SUSPENSION AND PENALTIES.--

          A. A license shall not be issued or renewed unless the applicant has satisfied the commission that the applicant:

                (1) is of good moral character, is honest and has integrity;

                (2) does not currently have a license suspended by a horse racing licensing authority in another jurisdiction;

                (3) does not have any prior activities, criminal record, reputation, habits or associations that:

                     (a) pose a threat to the public interest;

                     (b) pose a threat to the effective regulation and control of horse racing; or

                     (c) create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of horse racing, the business of operating a horse racetrack licensed pursuant to the Horse Racing Act or the financial activities incidental to operating a horse racetrack;

                (4) is qualified to be licensed consistent with the Horse Racing Act;

                (5) has sufficient business probity, competence and experience in horse racing as determined by the commission;

                (6) has proposed financing that is sufficient for the nature of the license and from a suitable source that meets the criteria set forth in this subsection; and

                (7) is sufficiently capitalized pursuant to standards set by the commission to conduct the business covered by the license.

          B. The commission shall establish by rule additional qualifications for a licensee as it deems in the public interest.

          C. A person issued or applying for an occupational license who has positive test results for a controlled substance or who has been convicted of a violation of a federal or state controlled substance law shall be denied a license or shall be subject to revocation of an existing license unless sufficient evidence of rehabilitation is presented to the commission.

          D. The commission may deny or revoke an occupational license if the applicant or occupational licensee, for the purpose of stimulating or depressing a racehorse or affecting its speed or stamina during a race or workout, is found to have administered, attempted to administer or conspired to administer to a racehorse, internally, externally or by injection, a drug, chemical, stimulant or depressant, or other prohibited substance as defined by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry as determined by the commission.

          E. In addition to its authority to deny or revoke an occupational license for the conduct described in [Subsection] Subsections D, F and G of this section, the commission may suspend a license and impose fines on a licensee. For suspensions and fines, the commission shall adopt as its own rules the model rules for the imposition of penalties for the use of prohibited substances published by the association of racing commissioners international, incorporated, or a successor organization or, if none, by another nationally recognized organization that has published substantially similar rules that are generally accepted in the horse racing industry as determined by the commission.

          F. The commission shall revoke for a period not to exceed five years an occupational license if the occupational licensee used, attempted to use or conspired with others to use an electrical or mechanical device, implement or instrument for the purpose of affecting the speed or stamina of a racehorse.

          G. The commission may refuse to issue a license to an applicant or may suspend or revoke a license issued or order disciplinary measures, including imposition of fines, if the applicant or licensee is found to have engaged in a scheme involving a program owner or program trainer or both that poses a threat to the effective regulation and control of horse racing.

          [G.] H. The burden of proving the qualifications of an applicant or licensee to be issued a license or have a license renewed shall be on the applicant or licensee."

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