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F I S C A L I M P A C T R E P O R T
SPONSOR B. Lujan
ORIGINAL DATE
LAST UPDATED
1/29/08
2/05/08 HB 484/aHTRC
SHORT TITLE New Gaming Tax Rate on Certain Racetracks
SB
ANALYST Schardin
REVENUE (dollars in thousands)
Estimated Revenue
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
FY10
($1,381.0) Recurring General Fund
(Parenthesis ( ) Indicate Revenue Decreases)
SOURCES OF INFORMATION
LFC Files
Taxation and Revenue Department (TRD)
Responses Received From
Gaming Control Board (GCB)
SUMMARY
Synopsis of HTRC Amendment
The House Taxation and Revenue Committee amendment to House Bill 484 amends the bill’s
effective date to be July 1, 2009 rather than January 1, 2009. This amendment erases the bill’s
fiscal impact in FY09.
Synopsis of Original Bill
House Bill 484 would allow a lower gaming excise tax rate to be imposed on a racetrack casino
with net win less than $14 million in the preceding calendar year. The only racetrack casino
expected to qualify for this preferential tax rate is Ruidoso Downs.
The effective date of the provisions of the original bill is January 1, 2009.
FISCAL IMPLICATIONS
Net win for Ruidoso Downs is expected to be $8.6 million in FY10. Taxed at the current rate of
26 percent, Ruidoso Downs is currently expected to pay $2.2 million in gaming excise tax in
FY10.
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House Bill 484/aHTRC – Page
2
Because casino’s net win is not expected to exceed $14 million in the near future, the casino’s
entire net win would be taxed at 10 percent once the provisions of House Bill 484 become
effective in July 2009. The bill will reduce general fund revenue by $1,381 thousand in FY10
and the fiscal impact will grow by 4.4 percent per year.
SIGNIFICANT ISSUES
As shown in the figure below, net win, the amount of revenue taken in less payouts, has fallen at
Ruidoso Downs in recent years. Net win is most likely suffering at Ruidoso Downs due to
increased competition. Zia Park in Hobbs opened around the beginning of 2005, and tribal
casinos in the area also draw large crowds. In addition, some gaming establishments have found
a loophole around the prohibition of gaming in Texas, leading to a small number of gaming
establishments in El Paso drawing business away from nearby casinos in New Mexico.
Rui doso Downs Monthly Net W in
$0. 3
$0. 6
$0. 9
$1. 2
$1. 5
2004
2007
Sources: TRD, LFC Files.
SS/mt