HOUSE BILL 232
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Andy Nuñez
AN ACT
RELATING TO HORSE RACING; PROVIDING FOR THE ESTABLISHMENT OF ADVANCE DEPOSIT WAGERING ACCOUNTS; ALLOWING PATRONS TO USE ADVANCE DEPOSIT WAGERING ACCOUNTS TO PLACE WAGERS ON LIVE AND SIMULCAST HORSE RACES FROM OUTSIDE A RACETRACK.
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] ADVANCE DEPOSIT WAGERING ACCOUNT--ESTABLISHMENT--USE AND LIMITS--RECEIPTS SUBJECT TO TAXES.--
A. A racetrack licensee may offer to establish for patrons advance deposit wagering accounts at the licensed premises of the racetrack licensee through which a patron may place a wager on live horse races being conducted or simulcast horse races being televised or projected on the licensed premises. An account may be established only in accordance with commission rules.
B. No wager shall be accepted from a patron through an advance deposit wagering account if the amount of the wager is greater than the amount on deposit in the patron's account. A patron shall not accept from or place a wager for another person through the patron's advance deposit wagering account.
C. A patron with an advance deposit wagering account may place a wager from any location by any type of electronic transmission approved by the commission that is used in accordance with rules promulgated by the commission.
D. The gross daily handle attributable to, and gross amount wagered through, advance deposit wagering accounts shall be accounted for and subject to the relevant fees and taxes imposed by the Horse Racing Act."
SECTION 2. Section 60-1A-15 NMSA 1978 (being Laws 2007, Chapter 39, Section 15) is amended to read:
"60-1A-15. PARI-MUTUEL WAGERING AUTHORIZED--GAMBLING STATUTES DO NOT APPLY.--
A. A racetrack licensee may conduct pari-mutuel wagering on live horse races or on [simulcasted] simulcast horse races.
B. Pari-mutuel wagering may be conducted only on the licensed premises, or through the use of an advance deposit wagering account, where a live horse race is conducted or where a simulcast horse race is televised or projected on the racing grounds of the licensed premises of a racetrack licensee.
C. The sale [to patrons] of pari-mutuel tickets or certificates to patrons through an advance deposit wagering account or while the patrons are present on the licensed premises of a racetrack licensee [of pari-mutuel tickets or certificates] is not gambling as defined in Section 30-19-2 or 30-19-3 NMSA 1978.
D. Placing a wager by a patron through the patron's advance deposit wagering account or by a patron while on the licensed premises of a racetrack licensee is not placing a bet pursuant to Section 30-19-1 NMSA 1978.
E. The licensed premises of a horse racetrack is not a gambling place as defined in Section 30-19-1 NMSA 1978."
SECTION 3. Section 60-1A-16 NMSA 1978 (being Laws 2007, Chapter 39, Section 16) is amended to read:
"60-1A-16. SIMULCASTING.--
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 licensee offers at least seventeen days per year of pari-mutuel wagering on live horse races run on the premises of the racetrack licensee.
C. The commission may permit exporting of a horse race being run by a racetrack licensee to another racetrack licensee within New Mexico or exporting of a horse race from a racetrack licensee to another location holding a pari-mutuel or gaming license that allows simulcasting of a horse race from outside of the state or jurisdiction that licenses that out-of-state facility.
D. The commission may permit importing by a racetrack licensee of horse races that are being run at racetracks outside of the state licensed by a host state.
E. Pari-mutuel wagering on simulcast horse races shall be prohibited except on the licensed premises of a racetrack licensee, or through the use of an advance deposit wagering account, during the licensee's race meet at the horse racetrack or when the racetrack licensee is importing a race meet from another New Mexico-licensed horse racetrack.
F. A New Mexico-licensed horse racetrack that is within a radius of eighty miles of any other New Mexico- licensed horse racetrack with a race meet in progress may only conduct pari-mutuel wagering on imported horse races if there is a written agreement between the two racetrack licensees allowing pari-mutuel wagering on imported horse races during the period of time that the live horse races are taking place."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.