HOUSE BILL 213

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Candy Spence Ezzell

 

 

 

 

 

AN ACT

RELATING TO HORSE RACING; PROVIDING FOR THE ESTABLISHMENT OF RACETRACK DEPOSIT WAGERING ACCOUNTS; ALLOWING PATRONS TO USE RACETRACK 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] RACETRACK DEPOSIT WAGERING ACCOUNTS--ESTABLISHMENT--USE AND LIMITATIONS--FEES AND TAXES.--

          A. A racetrack licensee may offer to establish for a patron a racetrack deposit wagering account at the licensee's licensed premises through which wagers are debited and payouts are credited to a sum of money previously deposited in the account by the patron. The account may be used to place a wager on live horse races being conducted or simulcast horse races being televised or projected on the licensed premises. The commission shall promulgate rules for the establishment and administration of racetrack deposit wagering accounts prior to a racetrack deposit wagering account being created.

          B. No wager shall be accepted from a patron      using a racetrack deposit wagering account if the amount to be wagered is greater than the amount on deposit in the patron's account.

          C. A patron with a racetrack deposit wagering account may place a wager from any location by any type of telephonic or electronic media approved by the commission that is used in accordance with rules promulgated by the commission; provided that the wager is received and accepted only at the licensed premises where the account is established.

          D. The gross daily handle attributable to, and gross amount wagered through, racetrack deposit wagering accounts shall be accounted for and subject to the same 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 horse races.

          B. Pari-mutuel wagering may be conducted only on the licensed premises 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 or through the use of a racetrack deposit wagering account pursuant to Section 1 of this 2018 act.

          C. The sale to patrons present on the licensed premises of a racetrack licensee or to patrons using a racetrack deposit wagering account pursuant to Section 1 of this 2018 act of pari-mutuel tickets or certificates is not gambling or commercial gambling as defined in Section 30-19-2 or 30-19-3 NMSA 1978.

          D. Placing a wager while on the licensed premises of a racetrack licensee or through the use of a racetrack deposit wagering account pursuant to Section 1 of this 2018 act 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 a racetrack deposit wagering account pursuant to Section 1 of this 2018 act, 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, 2018.

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