SENATE BILL 501

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO HORSE RACING; REQUIRING AN APPLICANT FOR A RACETRACK LICENSE TO PROVIDE THE EXPECTED LOCATIONS THE APPLICANT DESIRES TO CONDUCT A HORSE RACE OR RACE MEET.

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

     SECTION 1. Section 60-1A-4 NMSA 1978 (being Laws 2007, Chapter 39, Section 4) is amended to read:

     "60-1A-4. COMMISSION--POWERS--DUTIES.--

          A. The commission may:

                (1) grant, deny, suspend or revoke occupational licenses, secondary licenses and racetrack licenses, establish the terms for each classification of a racetrack license and set fees for submitting an application for a license;

                (2) exclude or compel the exclusion of a person from all horse racetracks [who] whom the commission deems detrimental to the best interests of horse racing or who willfully violates the Horse Racing Act, a rule or order of the commission or a law of the United States or New Mexico;

                (3) compel the production of documents, books and tangible items, including documents showing the receipts and disbursements of a racetrack licensee;

                (4) investigate the operations of a licensee and place a designated representative on the licensed premises of a racetrack licensee for the purpose of observing compliance with the Horse Racing Act and rules or orders of the commission;

                (5) employ staff as required to administer the Horse Racing Act and employ staff with basic law enforcement training to be stationed at racetracks to maintain peace and order, enforce the law, conduct investigations and enforce the Horse Racing Act or rules or orders of the commission; provided that staff employed with law enforcement training may not carry firearms or other deadly weapons while on duty for the commission;

                (6) summon witnesses;

                (7) administer oaths for the effective discharge of the commission's authority; and

                (8) appoint a hearing officer to conduct hearings required by the Horse Racing Act or a rule adopted pursuant to that act.

          B. The commission shall:

                (1) make rules to hold, conduct and operate all race meets and horse races held in the state and to identify and assign racing dates;

                (2) require the following information for each applicant on an application for a license:

                     (a) the full name, address and contact information of the applicant, and if the applicant is a corporation, the name of the state of incorporation and the names, addresses and contact information of officers, members of the board of directors and managers of the corporation;

                     (b) the [exact location] expected locations at which the applicant desires to conduct a horse race or race meet;

                     (c) whether the horse racetrack is owned or leased, and, if leased, the name and residence of the fee owner of the land or, if the owner is a corporation, the names of the directors and stockholders;

                     (d) a statement of the assets and liabilities of the person or corporation making the application;

                     (e) the kind of racing to be conducted;

                     (f) the beginning and ending dates desired for the race meet and the days during that time period when horse races are to be scheduled; and

                     (g) other information determined by the commission to be necessary to assess the potential for success of the applicant;

                (3) require a statement under oath by the applicant that the information on the application is true;

                (4) supervise and oversee the making of pari-mutuel pools and the distribution from those pools;

                (5) make on-site inspections of horse racetracks in New Mexico at reasonable intervals;

                (6) approve all improvements proposed to be completed on the licensed premises of a horse racetrack, including extensions, additions or improvements of buildings, stables or tracks;

                (7) monitor and oversee the pari-mutuel machines and equipment at all horse races or race meets held in the state;

                (8) approve contracts for simulcasting, pari-mutuel wagering and capital improvements funded pursuant to Section 60-1A-20 NMSA 1978 entered into by horse racetracks;

                (9) regulate the size of the purses to be offered at horse races run in the state;

                (10) require background investigations of employees of a racetrack licensee as set forth in the rules of the commission; [and]

                (11) approve requests from a licensed premises to transfer races, racing days or race meets to another licensed premises; provided that the purses for the transferred races, racing days or race meets are no less than they would have been if the transfer had not occurred and the transferred races, racing days or race meets are simulcast to the licensed premises to which the races, racing days or race meets were originally allotted; and

                [(11)] (12) provide an annual report to the governor regarding the commission's administration of horse racing in the state."

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