HORSE RACING PROGRAM TRAINING & OWNERSHIP

SB0251

SENATE BILL 251

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antonio Maestas
and
Rex Wilson
and
Candy Spence Ezzell

AN ACT

RELATING TO HORSE RACING; PROHIBITING PROGRAM TRAINING AND
PROGRAM OWNING OF RACEHORSES; PROVIDING THE STATE RACING
COMMISSION WITH THE AUTHORITY TO REFUSE TO LICENSE OR TO
SUSPEND OR REVOKE THE LICENSE OF A PERSON FOUND TO HAVE ENGAGED
IN PROGRAM TRAINING OR PROGRAM OWNING OF A RACEHORSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 60-1A-2 NMSA 1978 (being Laws 2007,
Chapter 39, Section 2) is amended to read:

"60-1A-2.
DEFINITIONS.--As used in the Horse Racing Act:

A. "board" means the gaming control board;

B. "breakage" means the odd cents by which the
amount payable on each dollar wagered exceeds a multiple of
ten;

C. "commission" means the state racing commission;

D. "exotic wagering" means all wagering other than
on win, place or show, through pari-mutuel wagering;

E. "export" means to send a live audiovisual
broadcast of a horse race in the process of being run at a
horse racetrack from the originating horse racetrack to another
location;

F. "guest state" means a jurisdiction, other than
the jurisdiction in which a horse race is run, in which a horse
racetrack, off-track wagering facility or other facility that
is a member of and subject to an interstate common pool is
located;

G. "guest track" means a horse racetrack, off-track
wagering facility or other licensed facility in a location
other than the state in which a horse race is run that is a
member of and subject to an interstate common pool;

H. "handle" means the total of all pari-mutuel
wagering sales, excluding refunds and cancellations;

I. "horse race" means a competition among
racehorses on a predetermined course in which the horse
completing the course in the least amount of time generally
wins;

J
. "host state" means the jurisdiction within which
a sending track is located, also known as a "sending state";

K. "host track" means the horse racetrack from
which a horse race subject to an interstate common pool is
transmitted to members of that interstate common pool, also
known as a "sending track";

L. "import" means to receive a live audiovisual
broadcast of a horse race;

M. "interstate common pool" means a pari-mutuel
pool that combines comparable pari-mutuel pools from one or
more locations that accept wagers on a horse race run at a
sending track for purposes of establishing payoff prices at the
pool members' locations, including pools in which pool members
from more than one state simultaneously combine pari-mutuel
pools to form an interstate common pool;

N. "jockey club" means an organization that
administers thoroughbred registration records and registers
thoroughbreds;

O. "licensed premises" means land, together with
all buildings, other improvements and personal property located
on the land, that is under the direct control of a racetrack
licensee, including the restricted areas, grandstand and public
parking areas;

P. "licensee" means a person licensed by the
commission and includes a holder of an occupational, secondary

or racetrack
license
;

Q. "occupational license" means a license issued by
the commission to a vendor or to a person having access to a
restricted area on the licensed premises, including a horse
owner, trainer, jockey, agent, apprentice, groom, exercise
person, veterinarian, valet, farrier, starter, clocker, racing
secretary, pari-mutuel clerk and other personnel designated by
the commission whose work, in whole or in part, is conducted
around racehorses or pari-mutuel betting windows;

R. "pari-mutuel wagering" means a system of
wagering in which bets on a live or simulcast horse race are
pooled and held by the racetrack licensee for distribution of
the total amount, less the deductions authorized by law, to
holders of winning tickets; "pari-mutuel wagering" does not
include bookmaking or pool selling;

S. "pari-mutuel wagering pool" means the money
wagered on a specific horse race through pari-mutuel wagering;

T. "practical breeder" means a person who has
practical experience in breeding horses, although the person
may not be actively involved in breeding horses;

U. "primary residence" means the domicile where a
person resides for most of the year, and, if the person is
temporarily out of state, the address where a person will
return when the person returns to New Mexico or the address
that a person uses for purposes of a driver's license, passport
or voting;

V. "program owner" means a licensed owner who,
solely for the purpose of the official race program, is
identified as the owner of a horse that is actually owned by
another person who may or may not hold a current owner's
license in any jurisdiction;

W. "program trainer" means a licensed trainer who,
solely for the purpose of the official race program, is
identified as the trainer of a horse that is actually under the
control of and trained by another person who may or may not
hold a current trainer's license in any jurisdiction;

[
V.
]
X.
"quarter horse" means a racehorse that is
registered with the American quarter horse association or any
successor association;

[
W.
]
Y.
"race meet" means a period of time within
dates specified by the commission in which a racetrack licensee
is authorized to conduct live racing on the racing grounds;

[
X.
]
Z.
"racehorse" means a quarter horse or
thoroughbred that is bred and trained to compete in horse
races;

[
Y.
]
AA.
"racetrack license" means a license to
conduct horse races issued by the commission;

[
Z.
]
BB.
"racetrack licensee" means a person who
has been issued a racetrack license;

[
AA.
]
CC.
"racing grounds" means the area of the
restricted area of licensed premises used for the purpose of
conducting horse races and all activities ancillary to the
conduct of horse races, including the track, stable area,
jockey's quarters and horse training areas;

[
BB.
]
DD.
"retainage" means money that is retained
from wagers on win, place and show and on exotic wagers by a
racetrack licensee pursuant to the Horse Racing Act;

[
CC.
]
EE.
"restricted areas" means the stable area,
the area behind the pari-mutuel betting windows and anywhere on
the racing grounds;

[
DD.
]
FF.
"secondary licensee" means all officers,
directors, shareholders, lenders or holders of evidence of
indebtedness of a corporation or legal entity owning a horse
racetrack, and all persons holding a direct or indirect
interest of any nature whatsoever in the horse racetrack,
including interests or positions that deal with the funds of
the racetrack or that are administrative, policymaking or
supervisory;

[
EE.
]
GG.
"simulcast" means a transmission of a
live audiovisual broadcast of a horse race being run at a horse
racetrack other than the horse racetrack or other licensed
facility at which the broadcast is being received for viewing
pursuant to a simulcasting contract;

[
FF.
]
HH.
"stakes race" means a horse race in which
nominations or entry or starting fees contribute to the purse;
an overnight race is not a stakes race;

[
GG.
]
II.
"steward" means an employee of the
commission who supervises horse races and oversees a race meet
while in progress, including holding hearings regarding
licensees and enforcing the rules of the commission and the
horse racetrack;

[
HH.
]
JJ.
"takeout" means amounts authorized by
statute to be deducted from the pari-mutuel wagers;

[
II.
]
KK.
"thoroughbred" means a racehorse that is
registered with the jockey club;

[
JJ.
]
LL
. "track" means the surfaced oval area on
which horse races are conducted; and

[
KK.
]
MM.
"vendor" means a person who provides
goods or services to or in the racing grounds or restricted
area of the licensed premises of a horse racetrack."

SECTION 2.
Section 60-1A-11 NMSA 1978 (being Laws 2007,
Chapter 39, Section 11, as amended by Laws 2017, Chapter 28,
Section 1 and by Laws 2017, Chapter 145, Section 1) is amended
to read:

"60-1A-11. GRANTING A LICENSE--STANDARDS--DENIAL AND
REVOCATION--SUSPENSION AND PENALTIES.--

A. A license shall not be issued or renewed unless
the applicant has satisfied the commission that the applicant:

(1) is of good moral character, is honest and
has integrity;

(2) does not currently have a license
suspended by a horse racing licensing authority in another
jurisdiction;

(3) does not have any prior activities,
criminal record, reputation, habits or associations that:

(a) pose a threat to the public
interest;

(b) pose a threat to the effective
regulation and control of horse racing; or

(c) create or enhance the dangers of
unsuitable, unfair or illegal practices, methods and activities
in the conduct of horse racing, the business of operating a
horse racetrack licensed pursuant to the Horse Racing Act or
the financial activities incidental to operating a horse
racetrack;

(4) is qualified to be licensed consistent
with the Horse Racing Act;

(5) has sufficient business probity,
competence and experience in horse racing as determined by the
commission;

(6) has proposed financing that is sufficient
for the nature of the license and from a suitable source that
meets the criteria set forth in this subsection; and

(7) is sufficiently capitalized pursuant to
standards set by the commission to conduct the business covered
by the license.

B. The commission shall establish by rule
additional qualifications for a licensee as it deems in the
public interest.

C. A person issued or applying for an occupational
license who has positive test results for a controlled
substance or who has been convicted of a violation of a federal
or state controlled substance law shall be denied a license or
shall be subject to revocation of an existing license unless
sufficient evidence of rehabilitation is presented to the
commission.

D.
The commission may deny or revoke an
occupational license
if the applicant or occupational licensee,
for the purpose of stimulating or depressing a racehorse or
affecting its speed or stamina during a race or workout, is
found to have administered, attempted to administer or
conspired to administer to a racehorse, internally, externally
or by injection, a drug, chemical, stimulant or depressant, or
other prohibited substance as defined by the association of
racing commissioners international, incorporated, or a
successor organization or, if none, by another nationally
recognized organization that has published substantially
similar guidelines that are generally accepted in the horse
racing industry as determined by the commission.

E. In addition to its authority to deny or revoke
an occupational license for the conduct described in
[
Subsection
]
Subsections
D,
F and G
of this section, the
commission may suspend a license and impose fines on a
licensee. For suspensions and fines, the commission shall
adopt as its own rules the model rules for the imposition of
penalties for the use of prohibited substances published by the
association of racing commissioners international,
incorporated, or a successor organization or, if none, by
another nationally recognized organization that has published
substantially similar rules that are generally accepted in the
horse racing industry as determined by the commission.

F. The commission shall revoke for a period not to
exceed five years an occupational license if the occupational
licensee used, attempted to use or conspired with others to use
an electrical or mechanical device, implement or instrument for
the purpose of affecting the speed or stamina of a racehorse.

G. The commission may refuse to issue a license to
an applicant or may suspend or revoke a license issued or order
disciplinary measures, including imposition of fines, if the
applicant or licensee is found to have engaged in a scheme
involving a program owner or program trainer or both that poses
a threat to the effective regulation and control of horse
racing.

[
G.
]
H.
The burden of proving the qualifications of
an applicant or licensee to be issued a license or have a
license renewed shall be on the applicant or licensee."

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