HOUSE BILL 612

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO HORSE RACETRACK LICENSING; PROVIDING FOR SELECTION OF A NEW RACETRACK LICENSEE BY AUCTION AFTER MARCH 5, 2008; DECLARING AN EMERGENCY.

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

     Section 1. A new section of the Horse Racing Act is enacted to read:

     "[NEW MATERIAL] RACETRACK LICENSES ISSUED AFTER MARCH 5, 2008--PUBLIC AUCTION REQUIRED.--

          A. The commission shall not issue a racetrack license after March 5, 2008 except to a person bidding the highest amount in a public auction held for the purpose of selecting the person to be granted the racetrack license, provided that there are at least two qualified applicants for a racetrack license. If only one qualified person has filed an application for an available racetrack license, the commission shall proceed to determine whether to issue the racetrack license, notwithstanding the provisions of this section, as provided in other sections of the Horse Racing Act.

          B. A person applying for a racetrack license shall submit an application to the commission by a date set by the commission after March 5, 2008, provided that the date set is no sooner than forty-five days following the date on which the commission announces the deadline for applications.

          C. The applications shall be reviewed by the commission for adequacy and completeness and to ensure that applications are submitted by persons qualified to operate a racetrack pursuant to the provisions of the Horse Racing Act. Background investigations shall be completed according to the provisions of that act.

          D. After all applications and applicants have been approved by the commission and background investigations have been satisfactorily completed, if there is more than one qualified applicant, the commission shall set a date for the public auction of the racetrack license.

          E. Notice of the public auction of a racetrack license shall be published in a newspaper of general circulation in the state. The notice shall include the names of the persons who are seeking to obtain racetrack licenses and who are approved by the commission to participate in the auction; the name of the auctioneer; the address of the commission for receiving public comments pertinent to the licensees or the auction; and the date, time and location of the auction.

          F. The auction shall be conducted by a professional auctioneer. Sealed bids shall not be accepted. Electronically transmitted bids shall not be accepted. The public may attend and observe the auction proceedings.

          G. The commission shall issue the racetrack license to the highest bidder at the auction, provided that all conditions for licensing imposed by the commission pursuant to the Horse Racing Act and rules adopted pursuant to that act are met by the prevailing applicant."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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