HOUSE BILL 370
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Gail C. Beam
AN ACT
RELATING TO LICENSING; CHANGING BICYCLE RACING COMMISSION MEMBERSHIP; EXPANDING BICYCLE RACING COMMISSION POWERS AND DUTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 60-2D-2 NMSA 1978 (being Laws 1991, Chapter 233, Section 2) is amended to read:
"60-2D-2. DEFINITIONS.--As used in the Bicycle Racing Act:
A. "commission" means the bicycle racing commission;
B. "bicycle racing" means racing at Keiren velodrome bicycle-racing tracks approved by the commission and all other forms of cycling, including road, mountain, BMX and cyclo-cross; and
C. "license" means a license for a [racing] Keiran velodrome bicycle-racing meet issued under the provisions of the Bicycle Racing Act. [and
D. "secretary" means the executive secretary of the commission.]"
Section 2. Section 60-2D-3 NMSA 1978 (being Laws 1991, Chapter 233, Section 3) is amended to read:
"60-2D-3. COMMISSION CREATED--APPOINTMENTS--QUALIFICATIONS.--
A. The "bicycle racing commission" is created. The commission shall consist of three commissioners appointed by the governor, [The first commission members shall be appointed for staggered terms, one ending on July 1, 1993 and one ending on July 1 of each of the following two odd-numbered years. Thereafter] one of whom shall be a representative of the commercial bicycle industry and two of whom shall be representatives of bicycle organizations. The commission shall also consist of three ex-officio members:
(1) the secretary of transportation or the secretary's designee;
(2) the secretary of economic development or the secretary's designee; and
(3) the secretary of tourism or the secretary's designee.
B. Appointments shall be for terms of six years. [Vacancies for any unexpired term shall be filled by the governor.] To be eligible for appointment, all persons shall be citizens, residents of the state and qualified electors."
Section 3. Section 60-2D-4 NMSA 1978 (being Laws 1991, Chapter 233, Section 4) is amended to read:
"60-2D-4. COMMISSION ORGANIZATION AND OFFICERS--PER DIEM.--
A. Within thirty days after appointment, the first commission shall organize for the transaction of business by selecting one of its members as chairman. The commission shall meet [annually in September] at least quarterly and may meet as often as it deems necessary on the call of the chairman or any [two] four members of the commission. Members of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
B. The commission shall maintain an office within the state and keep detailed records of all its meetings and all business transacted by it. Complete records shall be kept of all collections and disbursements. The commission shall report annually on June 30 to the governor on its activities for the preceding year.
C. The expenses of the commission shall be paid out of the state's allocation of the proceeds from the bicycle-racing pari-mutuel tax as provided in Section [16 of the Bicycle Racing Act] 60-2D-16 NMSA 1978. The commission may apply for available grants and accept and use gifts, grants or donations to aid the commission in carrying out its duties. Payment of expenses by the commission shall be on vouchers issued and signed by the person designated by the commission, upon warrants drawn by the department of finance and administration in accordance with the budget approved by the department of finance and administration."
Section 4. Section 60-2D-5 NMSA 1978 (being Laws 1991, Chapter 233, Section 5) is amended to read:
"60-2D-5. COMMISSION POWERS AND DUTIES.--The commission shall [in its discretion and subject to its rules and regulations]:
A. license all persons desiring to participate, except as spectators, in bicycle racing at Keiren velodrome bicycle-racing tracks within this state approved by the commission;
B. supervise all licensees and all Keiren velodrome races, race meets and racetracks operating under its jurisdiction;
C. set the time, place and duration of all Keiren velodrome race meets under its jurisdiction;
D. suspend or revoke Keiren velodrome licenses for violation of the law or rules [and regulations] of the commission;
E. do [all] other things necessary and proper to fulfill its obligations under the Bicycle Racing Act;
F. have all places where Keiren velodrome bicycle-racing meets are held visited and inspected at least once a year by its members or employees;
G. require all pari-mutuel bicycle-racing meets in this state to be held at Keiren velodrome bicycle-racing tracks [in this state] and in accordance with the rules [and regulations] of the commission;
H. supervise the operations of pari-mutuel machines and equipment and the operation of all money rooms, accounting rooms and seller's and cashier's windows;
I. supervise the weighing and inspection of bicycles at Keiren velodrome events; [and]
J. make saliva and urine tests on bicycle racers selected by the commission or its employees at every Keiren velodrome race;
K. actively encourage and promote the hosting of bicycle events;
L. promote programs and facilities for the safe use of bicycles;
M. advise appropriate agencies of the state on policies, programs and facilities for promoting bicycle events and for the safe use of bicycles; and
N. confer and consult with local government agencies on the policies, programs and facilities for promoting bicycle events and for the safe use of bicycles."
Section 5. Section 60-2D-6 NMSA 1978 (being Laws 1991, Chapter 233, Section 6) is amended to read:
"60-2D-6. COMMISSION EMPLOYEES.--The commission shall hire an executive [secretary] director and such other employees as are necessary to fulfill its duties, at salaries to be set by the commission."
Section 6. Section 60-2D-7 NMSA 1978 (being Laws 1991, Chapter 233, Section 7) is amended to read:
"60-2D-7. COMMISSION--RULES [AND REGULATIONS].--The commission shall promulgate reasonable rules [and regulations] governing bicycle racing in this state. These rules [and regulations] shall:
A. govern the application procedures for all Keiren velodrome licenses issued by the commission;
B. provide for the supervision, direction and discipline of Keiren velodrome licensees [of the commission];
C. govern, subject to the Uniform Licensing Act, the issuance, suspension and revocation of Keiren velodrome licenses issued by the commission;
D. provide for the barring from Keiren velodrome bicycle racing and bicycle-racing tracks of any persons, including those required to be licensed by the commission;
E. determine the distribution of the gross receipts of all pari-mutuel bicycle-racing wagers that shall be payable as pari-mutuel winnings, as race purses to the winning bicycle racers and as commissions to the licensee;
F. set standards for the holding, conducting and operating of all Keiren Velodrome and other bicycle races, race meets, [and] racetracks [under the supervision of the commission] and events; and
G. become effective only after they have been filed in accordance with the State Rules Act."
Section 7. Section 60-2D-8 NMSA 1978 (being Laws 1991, Chapter 233, Section 8) is amended to read:
"60-2D-8. COMMISSION--ENFORCEMENT--INVESTIGATION--SUBPOENA.--The commission shall enforce or secure the enforcement of, through the proper officials, [of] all the laws, rules [regulations] and orders of the commission. The commission shall investigate on its own motion [or] any information contained or that should be contained in any application. The commission shall conduct an investigation upon receipt of any information or complaint concerning any violation of the Bicycle Racing Act or any rule [regulation] or order issued pursuant to that act [or upon receipt of any application, any information contained or which should be contained in the application]. In enforcement of the Bicycle Racing Act or in any investigation, the commission may exercise the power of subpoena. Any member of the commission may administer oaths or affirmations. If [any] a person refuses to obey a subpoena, the commission may present its petition to the district court in Santa Fe county setting forth the facts, and the district court shall issue its subpoena to the person."
Section 8. Section 60-2D-9 NMSA 1978 (being Laws 1991, Chapter 233, Section 9) is amended to read:
"60-2D-9. COMMISSION--LICENSES--LIMITATIONS--FEES.--
A. The commission shall require licenses of all bicycle racers, trainers, starters, assistant starters, pari-mutuel employees, authorized racer's or owner's agents and any other person, whether operating under [his] the person's own name or a trade or assumed name, who wishes to participate, except as a spectator, in a Keiren velodrome bicycle-racing meet in this state. This license shall be known as a ["general] "Keiren velodrome bicycle-racing license" and shall state on its face the capacity in which the licensee will participate in bicycle racing in this state. The fee for a [general] Keiren velodrome bicycle-racing license shall be set by the commission in an amount not to exceed fifty dollars ($50.00) per year. The fee shall not be prorated for part of a year.
B. The commission shall require a license for any person to hold bicycle-racing meets with pari-mutuel wagering. This license shall be known as a "pari-mutuel bicycle-racing license" and shall state on its face the time, place and duration of all bicycle-racing meets authorized by that license and the number of races allowed per day. The fee for [such] a pari-mutuel bicycle-racing license shall be set by the commission and shall not exceed one thousand dollars ($1,000) for [any] one calendar year, regardless of the number of days of bicycle-racing meets covered by the license.
C. The commission may issue a pari-mutuel bicycle-racing license for:
(1) a bicycle-racing season; [and] or
(2) one day, to be known as a charity day, on which day the licensee shall remit the taxes owed to the state, deduct an amount equal to the purses and the cost of conducting the racing on that day and donate the balance to nonprofit organizations engaged in charitable, benevolent or eleemosynary activities selected by the licensee and approved by the commission."
Section 9. Section 60-2D-10 NMSA 1978 (being Laws 1991, Chapter 233, Section 10) is amended to read:
"60-2D-10. APPLICATIONS FOR PARI-MUTUEL BICYCLE-RACING
LICENSES.--
A. Each initial application for a pari-mutuel bicycle-racing license shall:
(1) be made under oath on a form supplied by the commission and shall be filed on a date set by the commission by [regulation] rule;
(2) set forth the time, place and number of days of the proposed bicycle-racing meet;
(3) state the full name and address of the applicant and, if a corporation, the names and addresses of [all] its officers and directors and of [all] the holders of each class of its stock and the amount of stock of each class owned by each stockholder;
(4) present a current financial statement of the applicant;
(5) identify the bicycle-racing track where the proposed bicycle-racing meet will be held and the names and addresses of the owners of all property to be used;
(6) give a description of the land uses within a radius of two miles of the proposed meet; and
(7) state any other information deemed necessary by the commission or required by its [regulations] rules.
B. Upon receipt of the initial application, the commission shall set a date for a hearing on the application and require the applicant to give public notice of the hearing, in a form set by the commission, giving the time, place and purpose of the hearing by publication in a newspaper in general circulation in the area of the proposed meet, once a week for three consecutive weeks, and by posting a notice on the site of the proposed bicycle-racing meet, in a form and size set by the commission.
C. The commission shall conduct the public hearing, and any interested person may be heard. Among other things, the commission may hear evidence concerning:
(1) the number of licenses already granted;
(2) the location of tracks previously licensed; and
(3) the desires of the residents of the county."
Section 10. Section 60-2D-12 NMSA 1978 (being Laws 1991, Chapter 233, Section 12) is amended to read:
"60-2D-12. LIABILITY INSURANCE--BOND--PARI-MUTUEL BICYCLE-RACING LICENSEE.--Every pari-mutuel bicycle-racing licensee shall, as a condition to receiving a license to conduct bicycle-racing meets:
A. carry public liability insurance, in a form, in an amount and with a company approved by the commission, for the protection of the public, exhibitors, contestants, visitors, other licensees and spectators; and
B. provide and deliver to the commission a bond in a form required by the commission, in favor of the state, in a penal sum of not less than fifty thousand dollars ($50,000) and any further amount required by the commission, conditioned upon:
(1) the payment by the licensee to the state of all money due it under the provisions of the Bicycle Racing Act;
(2) the licensee's discharging all obligations to his employees, exhibitors, contestants and persons furnishing labor and material in connection with any race meet or in connection with the construction, maintenance, repair or operation of the racetrack or buildings or grounds connected therewith; and
(3) generally, [that] the licensee [will conduct] conducting the bicycle-racing meet strictly in accordance with the provisions of the Bicycle Racing Act and the rules [and regulations] of the commission and [will] not [violate] violating any other law of this state while operating under a license issued by the commission."
Section 11. Section 60-2D-13 NMSA 1978 (being Laws 1991, Chapter 233, Section 13) is amended to read:
"60-2D-13. [LICENSE] KEIREN VELODROME AND PARI-MUTUEL LICENSES--REFUSAL TO ISSUE.--The commission, using the procedures of the Uniform Licensing Act:
A. when dealing with a [general] Keiren velodrome bicycle-racing license, shall refuse to issue a license if the applicant:
(1) as an individual or, if a partnership, joint venture or corporation, if any partner, joint venturer, officer or director has been convicted of [any] a crime [which] that if committed in New Mexico is or would have been a felony or of the violation of [any] a law of the United States or of [any] a state concerning gambling or racing or of any rule [or regulation] of this or any other racing commission; or
(2) fails to pay the required fees or [any] other payment required by the Bicycle Racing Act;
B. when dealing with a pari-mutuel bicycle-racing license, shall refuse to issue the license for the reasons given in Subsection A of this section or, in addition, if the applicant:
(1) is not a bona-fide resident of New Mexico;
(2) is a foreign corporation;
(3) is a corporation and does not have a provision in its charter that none of the voting stock of the corporation shall be sold, mortgaged or otherwise pledged or transferred without ten days' prior written notice to the commission;
(4) is a corporation any of the voting stock of which is held for an undisclosed principal, unless the corporation is listed on a national stock exchange and the named stockholder is a recognized nominee; or
(5) refuses to agree that [he] the applicant will not thereafter sell, mortgage or otherwise pledge or dispose of [any of] the assets listed and described on the application for license without giving the commission ten days' written notice;
C. when dealing with a [general] Keiren velodrome bicycle-racing license, may refuse to issue the license if the applicant makes [any] a false or fraudulent statement of a material nature in the application; or
D. when dealing with a pari-mutuel bicycle-racing license, may refuse to issue the license for the reason given in Subsection C of this section or if:
(1) the financial standing of the applicant and [his] the applicant's ability or, if a partnership, joint venture or corporation, the financial standing of the partnership, joint venture or corporation or the ability of the partners, joint venturers, officers or directors of the corporation are such that in the opinion of the commission it is not in the best interest of the state to grant the license;
(2) the sentiments of the residents of the area and the county in which it is proposed to conduct the bicycle-racing meet are against the license; or
(3) for any other reason it is not in the best interest of the state, the racing industry and the area and county in which it is proposed to conduct the bicycle-racing meets to grant the license."
Section 12. Section 60-2D-14 NMSA 1978 (being Laws 1991, Chapter 233, Section 14) is amended to read:
"60-2D-14. COMMISSION REVOCATION AND SUSPENSION.--The commission, using the procedures of the Uniform Licensing Act:
A. when dealing with a [general] Keiren velodrome bicycle-racing license, may revoke or suspend the license if the licensee:
(1) as an individual or, if a partnership, joint venture or corporation, if any partner, joint venturer, officer or director has been convicted of [any] a crime which if committed in New Mexico is or would have been a felony or of the violation of [any] a law of the United States or of [any] a state concerning gambling or racing or of [any] a rule [or regulation] of this or any other racing commission; or
(2) has made [any] a false or fraudulent statement of a material nature in [his] the licensee's application; or
B. when dealing with a pari-mutuel bicycle-racing license, may revoke or suspend the license for any reason given in Subsection A of this section or if the licensee:
(1) incorporates as a foreign corporation;
(2) loses [his] the licensee's residence in New Mexico;
(3) is a corporation and amends its charter to allow its voting stock to be sold, mortgaged or otherwise pledged or transferred without ten days' prior written notice to the commission;
(4) is a corporation and sells, mortgages or otherwise pledges or transfers [any of] the voting stock of the corporation without ten days' prior written notice to the commission;
(5) is a corporation and allows [any of] its voting stock to be held for an undisclosed principal, unless the corporation is listed on a national stock exchange and the named stockholder is a recognized nominee; or
(6) sells, mortgages or otherwise pledges or disposes of [any of] the assets listed and described on the application for license without approval of the commission."
Section 13. Section 60-2D-17 NMSA 1978 (being Laws 1991, Chapter 233, Section 17) is amended to read:
"60-2D-17. VIOLATIONS.--It is unlawful:
A. for any [licensee or any trainer of any person licensed to enter any racing contest supervised by the commission] person to fail to comply with all rules [regulations] and orders issued by the commission;
B. for any person to participate except as a spectator in any [racing] Keiren velodrome bicycle-racing contest supervised by the commission without first obtaining the required license;
C. for any person to hold a bicycle-racing meet with pari-mutuel wagering without obtaining the required license;
D. for any person holding or participating in any racing contest supervised by the commission to fail to inform the commission or its employees of any violation of any law, rule [regulation] or order of the commission;
E. for any licensee to permit any person who has not reached his twenty-first birthday to wager at a bicycle-racing meet;
F. to conduct pool-selling bookmaking or to conduct handbooks or to bet or wager on any bicycle-racing meet licensed by the commission, other than by the pari-mutuel method; or
G. for any pari-mutuel bicycle-racing licensee to compute breaks in the pari-mutuel system other than at ten cents ($.10)."
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