0001| SENATE BILL 755
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MICHAEL S. SANCHEZ
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO GAMBLING; PROVIDING FOR OFF-TRACK PARI-MUTUEL
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0012| WAGERING ON HORSE RACES; AMENDING SECTIONS OF THE HORSE RACING
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0013| ACT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-1-3 NMSA 1978 (being Laws 1933,
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0017| Chapter 55, Section 2, as amended by Laws 1989, Chapter 99,
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0018| Section 1 and also by Laws 1989, Chapter 377, Section 1) is
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0019| amended to read:
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0020| "60-1-3. APPLICATION FOR LICENSES--STATE RACING
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0021| COMMISSION CREATED--MEMBERS--TERMS OF OFFICE--VACANCIES--POWERS
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0022| AND DUTIES.--
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0023| A. Any person, firm, association or corporation
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0024| desiring to hold a horse race, [or to] engage in horse race
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0025| meetings or provide for off-track pari-mutuel wagering on a
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0001| horse race shall apply to the state racing commission for a
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0002| license.
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0003| B. There is created the "state racing commission".
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0004| The state racing commission shall consist of five members, no
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0005| more than three of whom shall be members of the same political
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0006| party. They shall be appointed by the governor, and no less
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0007| than three of them shall be practical breeders of racehorses
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0008| within the state. Each member shall be an actual resident of
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0009| New Mexico and of such character and reputation as to promote
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0010| public confidence in the administration of racing affairs.
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0011| C. The term of office of each member of the state
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0012| racing commission shall be six years from his appointment, and
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0013| he shall serve until his successor is appointed and qualified.
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0014| In case of any vacancy in the membership of the commission, the
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0015| governor shall fill the vacancy by appointment for the
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0016| unexpired term.
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0017| D. No person shall be eligible for appointment as a
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0018| member of the state racing commission who is an officer,
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0019| official or director in any association or corporation
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0020| conducting racing within the state.
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0021| E. Members of the state racing commission shall
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0022| receive no salary, but each member of the commission shall
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0023| receive per diem and mileage in accordance with the Per Diem
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0024| and Mileage Act. The commission may appoint a secretary and
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0025| fix his duties and compensation.
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0001| F. The state racing commission has the power to:
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0002| (1) grant, refuse and revoke licenses;
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0003| (2) make rules and regulations for the
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0004| holding, conducting and operating of all race meets, [and]
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0005| races and off-track pari-mutuel wagering held in the state
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0006| and to fix and set racing dates;
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0007| (3) make an annual report to the governor of
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0008| its administration of the racing laws;
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0009| (4) require of each applicant for a license
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0010| the full name of the person, association or corporation
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0011| applying and, if the applicant is a corporation or an
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0012| association, the name of the state in which incorporated, the
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0013| nationality and residence of the members of the association and
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0014| the names of the stockholders and directors of the corporation;
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0015| (5) require of an applicant for a license the
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0016| exact location where it is desired to conduct or hold a race,
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0017| [or] race meeting or off-track pari-mutuel wagering,
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0018| whether or not the racetrack, [or] plant or place of
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0019| business is owned or leased and, if leased, the name and
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0020| residence of the fee owner or, if the owner is a corporation,
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0021| the names of the directors and stockholders, a statement of the
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0022| assets and liabilities of the person, association or
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0023| corporation making the application, the kind of racing or off-
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0024| track pari-mutuel wagering to be conducted and the period
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0025| desired and such other information as the commission may re-
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0001|
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0002| quire;
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0003| (6) require on each application a statement
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0004| under oath that the information contained in the application is
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0005| true;
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0006| (7) personally or by agents and
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0007| representatives supervise and check the making of pari-mutuel
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0008| pools and the distribution from those pools;
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0009| (8) cause the various places where race meets
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0010| are held and off-track pari-mutuel wagering is conducted to
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0011| be visited and inspected at reasonable intervals;
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0012| (9) make rules governing, restricting or
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0013| regulating bids on leases;
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0014| (10) regulate rates charged by the licensee
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0015| for admission to races or for the performance of any service or
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0016| the sale of any article on the premises of the licensee at a
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0017| racetrack;
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0018| (11) approve all proposed extensions,
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0019| additions or improvements to the buildings, stables or tracks
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0020| upon property owned or leased by a licensee at a racetrack
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0021| and require the removal of any employee or official employed by
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0022| the licensee;
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0023| (12) completely supervise and control the
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0024| pari-mutuel machines and equipment at all races and off-track
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0025| pari-mutuel wagering held or operated by the state or any
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0001| state agency or commission;
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0002| (13) approve all contracts and agreements for
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0003| the payment of money and all salaries, fees and compensations
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0004| by any licensee of a racetrack;
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0005| (14) regulate the size of the purse, stake or
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0006| reward to be offered for [the conducting of] any race;
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0007| (15) exclude or compel the exclusion of, from
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0008| all racecourses or off-track pari-mutuel wagering places, any
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0009| person whom the commission deems detrimental to the best
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0010| interests of racing or any person who willfully violates the
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0011| racing laws or any rule, regulation or order of the commission
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0012| or any law of the United States or of this state;
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0013| (16) compel the production of all documents
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0014| showing the receipts and disbursements of any licensee and
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0015| determine the manner in which such financial records shall be
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0016| kept;
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0017| (17) investigate the operations of any
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0018| licensee, and the commission has authority to place attendants
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0019| and such other persons as may be deemed necessary in the
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0020| offices, on the tracks or in places of business of any licensee
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0021| for the purpose of satisfying itself that the rules and
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0022| regulations are strictly complied with; and
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0023| (18) employ staff as peace officers for the
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0024| purpose of conducting investigations and for enforcing rules
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0025| and regulations of the state racing commission and the laws
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0001| of the state and to obtain documents and information from other
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0002| agencies in order to assist the [racing] commission. Staff
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0003| employed as peace officers shall be required to satisfactorily
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0004| complete a basic law enforcement training program but such
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0005| peace officers shall not carry firearms or other deadly weapons
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0006| while on duty.
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0007| G. The state racing commission shall publicly state
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0008| its reasons for refusing an application for a license. The
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0009| reasons shall be included in the minute book of the commission,
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0010| and the minute book shall be subject to public inspection at
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0011| all reasonable times.
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0012| H. The state racing commission has the power to
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0013| summon witnesses, books, papers, documents or tangible things
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0014| and to administer oaths for the effectual discharge of the
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0015| commission's duties. The commission may appoint a hearing
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0016| officer to conduct any hearing required by the Horse Racing Act
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0017| or any rule or regulation promulgated pursuant to that act."
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0018| Section 2. Section 60-1-10 NMSA 1978 (being Laws 1933,
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0019| Chapter 55, Section 6, as amended) is amended to read:
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0020| "60-1-10. PARI-MUTUEL METHOD LEGALIZED--MAXIMUM
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0021| COMMISSIONS--HORSEMEN'S COMMISSION--GAMBLING STATUTES NOT
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0022| REPEALED--COMMISSION DISTRIBUTION.--
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0023| A. Within the enclosure where any horse races are
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0024| conducted, either as live on-track horse races or as horse
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0025| races simulcast pursuant to Section 60-1-25 NMSA 1978, [and]
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0001| or where [the] a licensee has been licensed to use the
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0002| pari-mutuel method or system of wagering on races, including
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0003| off-track pari-mutuel wagering, the pari-mutuel system is
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0004| lawful [but only within the enclosure where races are
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conducted].
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0006| B. The sale to patrons [present on the grounds]
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0007| of pari-mutuel tickets or certificates on the races or the use
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0008| of the pari-mutuel system shall not be construed to be betting,
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0009| gambling or pool selling and is authorized under the conditions
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0010| provided by law.
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0011| C. There shall be for each class A licensee
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0012| racetrack and for each licensee of off-track pari-mutuel
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0013| wagering of horse races from a class A licensee racetrack, a
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0014| commission of nineteen percent of the gross amount wagered on
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0015| win, place and show through the pari-mutuel system, of which
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0016| eighteen and three-fourths percent shall be retained by [a
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class A] the licensee and one-fourth of one percent shall be
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0018| allocated to the general fund. A commission in an amount
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0019| determined by the licensee of not less than eighteen and six-
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0020| eighths percent and not greater than twenty-five percent of the
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0021| gross amount wagered on win, place and show through the pari-
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0022| mutuel system shall be retained by a class B licensee
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0023| racetrack. Each class B licensee shall advise the state
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0024| racing commission not less than thirty days in advance of each
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0025| horse racing meeting of the percentage the licensee shall
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0001| retain as commission. Each licensee of off-track pari-mutuel
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0002| wagering of horse races from a class B licensee shall retain
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0003| the same commission as that designated by the class B
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0004| licensee. From [that] its commission, each class A and
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0005| class B licensee shall allocate five-eighths of one percent to
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0006| the New Mexico horse breeders' association weekly for
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0007| distribution pursuant to the provisions of Subsection C of
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0008| Section 60-1-17 NMSA 1978.
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0009| D. Except as otherwise provided in this subsection,
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0010| a commission shall be retained by the licensee at the election
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0011| of each class A licensee racetrack of not less than twenty-
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0012| one percent and not greater than twenty-five percent of the
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0013| gross amount wagered on exotic wagering and at the election of
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0014| each class B licensee racetrack, and with the approval of the
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0015| state racing commission, of not less than twenty-one percent
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0016| and not greater than thirty percent of the gross amount wagered
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0017| on exotic wagering. For the purpose of this subsection,
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0018| "exotic wagering" means all wagering other than win, place and
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0019| show, through the pari-mutuel system. Each licensee shall
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0020| advise the state racing commission not less than thirty days in
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0021| advance of each horse racing meeting of the amount of the
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0022| commission of the gross amount wagered on exotic wagering to be
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0023| retained by the licensee. Each licensee of off-track pari-
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0024| mutuel wagering shall retain the same commission on exotic
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0025| wagering as that designated by the licensee racetrack that
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0001| conducts the horse race. From [that] its commission, the
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0002| licensee shall allocate one and three-eighths percent to the
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0003| New Mexico horse breeders' association weekly for distribution
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0004| pursuant to the provisions of Subsection C of Section 60-1-17
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0005| NMSA 1978.
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0006| E. The odd cents of all redistributions to the
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0007| wagerer over the next lowest multiple of ten from the gross
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0008| amount wagered through the pari-mutuel system shall be retained
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0009| by the licensee, with fifty percent of the total being
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0010| allocated to enhance the race purses of established stake races
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0011| that include only horses registered as New Mexico bred with the
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0012| New Mexico horse breeders' association, to be distributed by
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0013| the New Mexico horse breeders' association pursuant to
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0014| Paragraph (3) of Subsection C of Section 60-1-17 NMSA 1978
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0015| subject to the approval of the state racing commission.
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0016| F. All money resulting from the failure of patrons
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0017| who purchased winning pari-mutuel tickets during the meeting to
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0018| redeem their winning tickets before the end of the sixty-day
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0019| period immediately succeeding the closing day of the meeting
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0020| and all money resulting from the failure of patrons who
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0021| purchased pari-mutuel tickets that were entitled to refund but
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0022| were not refunded during the same sixty-day period shall be
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0023| apportioned as follows:
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0024| (1) thirty-three and thirty-three hundredths
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0025| percent shall be retained by the licensee;
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0001| (2) thirty-three and thirty-four hundredths
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0002| percent shall be distributed to the New Mexico horse breeders'
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0003| association to enhance each track's established overnight
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0004| purses for races that include only horses registered as New
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0005| Mexico bred with the New Mexico horse breeders' association
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0006| pursuant to Paragraph (3) of Subsection C of Section 60-1-17
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0007| NMSA 1978, subject to the approval of the state racing
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0008| commission; and
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0009| (3) thirty-three and thirty-three hundredths
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0010| percent shall be allocated to [horseman's] horsemen's race
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0011| purses.
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0012| G. To promote and improve the quality of horse
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0013| racing and simulcasting and the participation of interested
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0014| persons in horse racing in New Mexico, one-half of one percent
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0015| of the gross amount wagered on simulcast horse races [at each
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licensed racetrack in New Mexico that receives simulcast horse
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races] in New Mexico shall be allocated by each licensee for
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0018| distribution to the New Mexico horsemen's association, provided
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0019| that at least one-quarter of one percent of the gross amount
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0020| wagered on simulcast races that is so allocated is used solely
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0021| for medical benefits for the members of the New Mexico
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0022| horsemen's association, and provided further that the remaining
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0023| one-quarter of one percent of the gross amount wagered on
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0024| simulcast races that is so allocated shall be used to enhance
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0025| purses at each [such] licensed racetrack. The state racing
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0001| commission shall by regulation provide for the timing and
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0002| manner of the distribution required by this subsection and
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0003| shall audit, or arrange for an independent audit of, the
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0004| disbursement required by this subsection.
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0005| H. Fifty percent of the net retainage of each
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0006| licensee shall be allocated to race purses. For purposes of
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0007| this section, "net retainage" of the licensee means the
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0008| commission retained by the licensee on all forms of wagers
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0009| minus:
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0010| (1) the taxes delineated in Sections 60-1-8
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0011| and 60-1-15 NMSA 1978;
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0012| (2) money allocated to the New Mexico horse
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0013| breeders' association by this section and Section 60-1-17 NMSA
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0014| 1978;
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0015| (3) money allocated to the New Mexico
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0016| horsemen's association by this section; and
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0017| (4) a deduction for expenses incurred to
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0018| engage in intrastate simulcasting pursuant to Section 60-1-25
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0019| NMSA 1978, provided that:
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0020| (a) the deduction for each licensee
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0021| shall be a portion of five percent of the gross amount wagered
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0022| at all the sites receiving the same simulcast horse races;
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0023| (b) the deduction portion for each
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0024| licensee shall be an amount allocated to the licensee by
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0025| agreement voluntarily reached among all the licensees sending
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0001| or receiving the same simulcast horse races; and
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0002| (c) the deduction portion for each
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0003| licensee shall be an amount allocated to the licensee by the
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0004| state racing commission if all the licensees sending or
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0005| receiving the same simulcast horse races fail to reach a
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0006| voluntary agreement under Subparagraph (b) of this paragraph
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0007| [and
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(5) a deduction for fees and commissions
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incurred to receive interstate simulcasts pursuant to Section
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60-1-25 NMSA 1978].
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0011| I. Existing statutes of this state against horse
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0012| racing on Sundays or on bookmaking, pool selling or other
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0013| methods of wagering on the racing of horses are not repealed
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0014| but are hereby expressly continued in effect, with the
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0015| exception that the operation of the pari-mutuel method or
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0016| system in connection with the racing of horses, when used as
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0017| provided by law, is lawful.
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0018| J. In the event any money paid or allocated to the
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0019| New Mexico horse breeders' association or the New Mexico
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0020| Appaloosa racing association pursuant to the Horse Racing Act
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0021| cannot be paid to or allocated or administered by such
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0022| associations, then the state racing commission, or such other
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0023| organization as may be designated, retained or absolutely
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0024| controlled by the state racing commission, shall receive all
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0025| such money and shall pay, allocate and administer all such
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0001| money pursuant to the provisions of Section 60-1-17 NMSA 1978.
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0002| If the state racing commission or its controlled designee is
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0003| required to pay, allocate or administer money on behalf of the
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0004| New Mexico horse breeders' association or the New Mexico
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0005| Appaloosa racing association pursuant to this subsection, then
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0006| the maximum percentage of funds set forth in Paragraph (3) of
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0007| Subsection C of Section 60-1-17 NMSA 1978 shall be paid by the
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0008| state racing commission to the New Mexico horse breeders'
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0009| association or the New Mexico Appaloosa racing association as a
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0010| fee to obtain the certification of the registry of the dam and
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0011| stud of the New Mexico bred horse.
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0012| K. In the event any money paid or allocated to the
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0013| New Mexico horsemen's association pursuant to the Horse Racing
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0014| Act cannot be paid to or allocated or administered by the
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0015| association, then the state racing commission, or such other
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0016| organization as may be designated, retained or absolutely
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0017| controlled by the state racing commission, shall receive all
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0018| such money and shall pay, allocate and administer all such
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0019| money to achieve the purposes of the provisions of this
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0020| section."
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0021| Section 3. Section 60-1-25 NMSA 1978 (being Laws 1991,
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0022| Chapter 195, Section 6) is amended to read:
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0023| "60-1-25. SIMULCASTING.--
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0024| A. As used in this section, "simulcasting" means a
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0025| live audio-visual broadcast of an actual horse race at the time
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0001| it is run.
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0002| B. The state racing commission may permit
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0003| simulcasting of races being run at licensed New Mexico
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0004| racetracks to racetracks outside the state, as well as to other
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0005| licensed New Mexico racetracks and licensees of off-track
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0006| pari-mutuel wagering, and of races being run at racetracks
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0007| outside New Mexico to licensed racetracks and licensees of
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0008| off-track pari-mutuel wagering in this state. Pari-mutuel
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0009| wagering on simulcasted races shall be prohibited [except] at
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0010| licensed New Mexico racetracks except on days that such
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0011| racetracks have race meets in progress or on days that such
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0012| racetracks do not have race meets in progress but are
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0013| simulcasting races from another licensed New Mexico racetrack;
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0014| provided, however, that pari-mutuel wagering on simulcasted
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0015| races shall only be allowed at any licensed New Mexico
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0016| racetrack within a radius of eighty miles of any other licensed
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0017| New Mexico racetrack with race meets in progress if there is
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0018| mutual agreement of the two licensees, and provided further
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0019| that no licensed New Mexico racetrack shall be allowed to
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0020| receive broadcasts of simulcast races unless that racetrack
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0021| offers at least seventeen days per year of pari-mutuel
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0022| wagering on on-track live horse races. The commission shall
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0023| promulgate rules and regulations concerning the simulcasting of
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0024| racing as provided in this section.
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0025| C. All simulcasting of races shall have prior
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0001| approval of the state racing commission."
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0002|
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0003|
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 15, 1997
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0010|
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0011| Mr. President:
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0012|
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0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0014| referred
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0015|
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0016| SENATE BILL 755
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS, and thence referred to the
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0020| FINANCE COMMITTEE.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002| __________________________________
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0003| Shannon Robinson, Chairman
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0004|
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0005|
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0006|
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0007| Adopted_______________________ Not
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0008| Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 6 For 0 Against
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0016| Yes: 6
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0017| No: 0
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0018| Excused: Smith, Garcia, Vernon
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0019| Absent: None
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0020|
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0021|
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0022|
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0023|
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0024| S0755PA1
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| March 17, 1997
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0006|
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0007| Mr. President:
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0008|
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0009| Your FINANCE COMMITTEE, to whom has been referred
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0010|
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0011| SENATE BILL 755
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| Ben D. Altamirano, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not
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0002| Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010| The roll call vote was 6 For 0 Against
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0011| Yes: 6
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0012| No: None
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0013| Excused: Carraro, Eisenstadt, Lyons, McKibben, Smith
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0014| Absent: None
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0015|
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0016|
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0017| S0755FC1
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 21, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0006| been referred
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0007|
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0008| SENATE BILL 755
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| Fred Luna, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 7 For 1 Against
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0003| Yes: 7
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0004| No: Hobbs
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0005| Excused: Alwin, Gubbels, Olguin, J.G. Taylor
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0006| Absent: Getty
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0007|
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0008|
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0009| G:\BILLTEXT\BILLW_97\S0755
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