SENATE BILL 149

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO HORSE RACING; PERMITTING RACETRACK LICENSEES TO EJECT OR EXCLUDE FROM THEIR LICENSED PREMISES ANY PERSON WHO ADMINISTERS A PERFORMANCE-ALTERING SUBSTANCE TO A RACEHORSE; PROVIDING CIVIL IMMUNITY FOR LAWFUL EXCLUSION.

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 LICENSEES--POWER TO EJECT OR EXCLUDE--IMMUNITY FROM CIVIL SUIT.--

          A. A racetrack licensee may eject or exclude from the racetrack licensee's licensed premises any person whose occupational license has been suspended or revoked by the stewards or the commission for administering a performance- altering substance as provided in Subsection A of Section

60-1A-28 NMSA 1978.

          B. A racetrack licensee that ejects or excludes a person from the racetrack licensee's licensed premises pursuant to Subsection A of this section may prevent that person from reentering the licensed premises unless the suspension or revocation is reversed by the stewards or overturned by the commission or a court of competent jurisdiction.

          C. Nothing in this section shall be construed to limit a racetrack licensee's power to eject or exclude a person from the racetrack licensee's licensed premises for any other lawful reason.

          D. A racetrack licensee shall not be liable to any person for ejecting or excluding that person from the racetrack licensee's licensed premises pursuant to this section."

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