Chapter 60, Chapter 60

Chapter 60, Article 1A NMSA 1978 may be cited as the "Horse Racing Act". History: Laws 2007, ch. 39, § 1.

requirements. (Repealed effective July 1, 2028.) A. A person required by the Horse Racing Act to have an occupational license shall apply for and may be issued an occupational license by the commission. B. An application for an occupational license shall be submitted in writing o…

suspension and penalties. (Repealed effective July 1, 2028.) 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 suspen…

2028.) There shall be three stewards, licensed and employed by the commission, to supervise each horse race meet. One of the stewards shall be designated the presiding official steward of the race meet. Stewards, other than the presiding official steward, shall be employed subjec…

(Repealed effective July 1, 2028.) The commission shall hire or contract with an equine health and testing advisor. An equine health and testing advisor shall be a doctor of veterinary medicine or shall hold a doctorate degree in chemistry or a related field and shall be knowledg…

A. The commission shall adopt rules applying to the handling of pre- and post-race, out-of-competition and necropsy testing of blood serum plasma, urine or other appropriate test samples identified by the commission to be taken from racehorses, following guidelines that meet or e…

effective July 1, 2028.) The "racehorse testing fund" is created in the state treasury. The purpose of the fund is to ensure the testing of racehorses at a laboratory that meets or exceeds the current national laboratory standards for the testing of drugs or other foreign substan…

not apply. (Repealed effective July 1, 2028.) A. A racetrack licensee may conduct pari-mutuel wagering on live horse races or on simulcasted horse races. B. Pari-mutuel wagering may be conducted only on the licensed premises where a live horse race is conducted or where a simulca…

A. All simulcasting of horse races shall have prior approval of the commission, and the commission shall adopt rules concerning the simulcasting of horse races as provided in this section. B. A racetrack licensee shall not be allowed to simulcast horse races unless that racetrack…

effective July 1, 2028.) A. Subject to the federal Interstate Horseracing Act of 1978, the commission may permit a racetrack licensee to participate in interstate common pools. All provisions of the Horse Racing Act that govern pari-mutuel wagering apply to pari-mutuel wagering i…

July 1, 2028.) A. The "daily pari-mutuel tax" is imposed on a racetrack licensee that offers pari- mutuel wagering at the racetrack licensee's licensed premises and shall be remitted to the taxation and revenue department for deposit in the general fund. B. The daily pari-mutuel …

New Mexico horsemen's association; breakage; distribution of retained amounts. (Repealed effective July 1, 2028.) A. Each racetrack licensee shall notify the commission at least thirty days prior to each race meet of the amount of exotic wager retainage that the racetrack license…

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 o…

commission distribution; daily license fees. (Repealed effective July 1, 2028.) A. A "daily capital outlay tax" of two and three-sixteenths percent is imposed on the gross amount wagered each day at a racetrack where horse racing is conducted on the premises of a racetrack licens…

Mexico horse breeders' association; New Mexico horsemen's association; commission authority; New Mexico-bred horse registry. (Repealed effective July 1, 2028.) A. In the event that money allocated to the New Mexico horse breeders' association pursuant to Section 60-1A-19 NMSA 197…

effective July 1, 2028.) A. Taxes imposed pursuant to the Horse Racing Act shall be remitted to the commission, and a notice of the remittance shall accompany the taxes paid by a racetrack licensee by the close of the business day on Thursday of every week. Failure to make weekly…

1, 2028.) A. The "horse racing suspense account" is created in the state treasury to hold funds remitted to the commission for payment of all legal claims for refunds. B. Money in the horse racing suspense account exceeding three thousand dollars ($3,000) shall be transferred to …

A. The New Mexico horse breeders' association shall create a fund to pay horse breeders of New Mexico-bred horses merit and incentive awards. B. A racetrack licensee shall pay into a fund created by the New Mexico horse breeders' association an amount equal to ten percent of the …

(Repealed effective July 1, 2028.) A person who willfully violates, attempts to violate or conspires to violate a requirement of the Horse Racing Act or a prohibition specifically set forth in the Horse Racing Act is guilty of a fourth degree felony and shall be sentenced pursuan…

July 1, 2028.) A. A person shall not use pari-mutuel wagering except as permitted by the commission pursuant to the Horse Racing Act or pursuant to other state law providing licensing of persons to use pari-mutuel wagering. B. A person who, directly or indirectly, uses pari-mutue…

influence; fourth degree felony. (Repealed effective July 1, 2028.) A. A person shall not influence or attempt to influence the outcome of a horse race by offering money, a thing of value, a future benefit, a favor, preferred treatment or a form of pressure or threat. B. A person…

(Repealed effective July 1, 2028.) A. A person administering, attempting to administer or conspiring with others to administer to a racehorse a drug, chemical, stimulant or depressant or other performance-altering substance defined as a class 1 or class 2 penalty class A drug by …

(Repealed effective July 1, 2028.) A. A racetrack licensee may eject or exclude from the association grounds any person whose occupational license has been suspended or revoked by the commission for administering a performance-altering substance as provided in Subsection A of Sec…

effective July 1, 2028.) The state racing commission is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of Chapter 60, Article 1A NMSA 1978 until July 1, 2028. Effective Jul…

office. (Repealed effective July 1, 2028.) A. The "state racing commission" is created and is administratively attached to the tourism department. B. The commission shall consist of five members, no more than three of whom shall be members of the same political party. The commiss…

effective July 1, 2028.) A. Members of the state racing commission who are on the commission on June 30, 2007 shall remain on the state racing commission and complete the terms to which they were appointed, or if the member's term expires on June 30, 2007, until a replacement is …

and exercise rider insurance fund created; purpose. (Repealed effective July 1, 2028.) The "horse racing integrity and safety authority and jockey and exercise rider insurance fund" is created as a nonreverting fund in the state treasury. The fund consists of money collected by t…

2028.) 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 th…

denial of licenses; penalties. (Repealed effective July 1, 2028.) A. The commission shall adopt rules to implement the Horse Racing Act and to ensure that horse racing in New Mexico is conducted with fairness and that the participants and patrons are protected against illegal pra…

July 1, 2028.) A. A license to conduct a race meet in New Mexico shall be classified as either a class A or class B license, determined by the commission as follows: (1) a class A racetrack license shall be issued to a racetrack licensee who received from all race meets in the pr…

(Repealed effective July 1, 2028.) A. A person applying for a license pursuant to the Horse Racing Act shall submit to a background investigation to be conducted by the board. The commission and the board shall adopt rules to coordinate the manner in which the background investig…

(Repealed effective July 1, 2028.) A. A person who is actively and directly engaged in the administration of a horse racetrack, whether in a financial, administrative, policymaking or supervisory capacity, shall hold a secondary license issued by the commission. B. An application…

Chapter 60, Article 2A NMSA 1978 may be cited as the "Professional Athletic Competition Act". History: Laws 1980, ch. 90, § 1; 2000, ch. 4, § 6.

and others. (Repealed effective July 1, 2030.) A. All promoters, foreign co-promoters, matchmakers, professional boxers, professional kickboxers, professional martial artists, professional mixed martial artists, sports entertainment wrestlers, managers, seconds, announcers, refer…

The commission may issue licenses without fees to physicians authorizing them to officiate at professional contests. History: Laws 1980, ch. 90, § 11.

A. The annual license fee shall not exceed the following amounts: (1) promoters $500.00 (2) foreign co-promoters 750.00 (3) referees 75.00 (4) timekeepers and announcers 75.00 (5) seconds and trainers 75.00 (6) managers 75.00 (7) professional boxers 75.00 (8) professional kickbox…

The commission shall not issue any license for a professional contest unless it is satisfied that the promoter is the real party in interest and intends to conduct, hold or give such contests himself, or unless the promoter receives at least twenty-five percent of the net receipt…

July 1, 2030.) A. The commission may suspend or revoke any license when in its judgment the licensee: (1) participated in any sham or fake professional contest; (2) is guilty of a failure to give his best efforts in a professional contest; (3) is guilty of any foul or unsportsman…

The commission, on a vote of the majority of the members thereof, may issue subpoenas in connection with any investigation or hearing, requiring the attendance and testimony of any person or the production of books and papers of any licensee or other person whom the commission be…

A. Every professional boxer, professional kickboxer, professional martial artist, professional mixed martial artist or sports entertainment wrestler competing in a professional contest is entitled to receive a copy of a written contract or agreement, approved as to form by the co…

A. The commission may by rule require insurance coverage for each licensed professional boxer, professional kickboxer, professional martial artist, professional mixed martial artist or sports entertainment wrestler to provide for medical, surgical and hospital care for injuries s…

July 1, 2030.) No promoter or foreign co-promoter shall pay or give any money to a licensee before any professional contest as an advance against a contestant's purse or for a similar purpose. except that a promoter may, with the prior written consent of the commission, pay or ad…

A. The commission or its executive secretary may order a promoter to withhold a part of a purse or other funds belonging or payable to a contestant, manager or second if, in the judgment of the commission or the executive secretary, the contestant is not competing honestly or to …

As used in the Professional Athletic Competition Act: A. "board" means the medical advisory board; B. "closed circuit telecast" means a telecast that is not intended to be available for viewing without the payment of a fee, including a pay-per-view telecast, podcast, webcast, str…

professional contests. (Repealed effective July 1, 2030.) A. The executive secretary or a member of the commission shall be present at all weigh-ins, medical examinations and professional contests and shall see that the provisions of the Professional Athletic Competition Act and …

effective July 1, 2030.) No professional boxing contest shall be more than fifteen rounds in length, and each round shall not exceed three minutes in length. There shall be a one-minute rest between rounds. The commission shall adopt rules governing the length of professional kic…

No person under the age of majority shall participate in or be licensed for any professional contest. History: Laws 1980, ch. 90, § 22.

1, 2030.) A. In addition to any other taxes or fees provided by law, there is imposed upon every promoter for the privilege of promoting a professional contest a regulatory fee in an amount determined pursuant to the rules of the commission to be sufficient to cover the costs of …

2030.) The proceeds of the regulatory fee on promotions and of the supervisory fee on closed-circuit television or motion pictures, together with any license fees or other fees authorized pursuant to the Professional Athletic Competition Act, shall be deposited with the state tre…

July 1, 2030.) A. Any person upon whom the regulatory fee is imposed pursuant to Section 60-2A- 23 NMSA 1978 shall, within seventy-two hours after the completion of any professional contest for which an admission fee is charged and received or a contribution is requested and rece…