SENATE BILL 292

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO HORSE RACING; PROVIDING FOR THE DENIAL OR REVOCATION OF A LICENSE IF CERTAIN SUBSTANCES ARE FOUND IN A RACEHORSE IN CERTAIN CASES EVEN IF THE SUBSTANCES MAY HAVE A BENEFICIAL PURPOSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 60-1A-11 NMSA 1978 (being Laws 2007, Chapter 39, Section 11) is amended to read:

     "60-1A-11. GRANTING A LICENSE--STANDARDS.--

          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, honesty and integrity;

                (2) does not have prior activities, a criminal record, a 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 or the financial activities incidental to operating a horse racetrack;

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

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

                (5) 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

                (6) 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. If the commission finds that an applicant for an occupational license or an occupational licensee has been convicted of any of the provisions of Subsection E of this section, the applicant shall be denied the occupational license or the occupational licensee shall have the occupational license revoked. An occupational license shall not be issued by the commission to an applicant or occupational licensee for a period of five years from the date of denial or revocation pursuant to this subsection.

          E. An occupational license shall be denied or revoked 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:

                (1) administered, attempted to administer or conspired to administer to a racehorse, internally, externally or by injection, a drug, chemical, stimulant or depressant, or other foreign substances not naturally occurring in a racehorse [unless the applicant or occupational licensee has been specifically permitted to do so by the commission or a steward] and known to the official chemist to stimulate or depress a racehorse or to affect its speed or stamina during a race or workout, notwithstanding a claim that the injection, drug, chemical, stimulant or depressant or other foreign substance has a use that is otherwise beneficial to a racehorse; or

                (2) attempted to use, used or conspired with others to use an electrical or mechanical device, implement or instrument, except an ordinary whip, to stimulate or depress a racehorse or to affect its speed or stamina during a race or workout, unless the applicant or occupational licensee has been specifically permitted by the commission or a steward to use the device, implement or instrument.

          F. The burden of proving the qualifications of an applicant or licensee to be issued or have a license renewed shall be on the applicant or licensee.

          G. A determination by the commission of a matter pursuant to this section shall be final and conclusive and not subject to appeal."

- 4 -