reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-18 - Daily pari-mutuel tax; imposed; rate. (Repealed effective July 1, 2028.)

A. The "daily pari-mutuel tax" is imposed on a racetrack licensee that offers pari-mutuel wagering at the racetrack licensee's licensed premises and shall be remitted to the taxation and revenue department for deposit in the general fund.
B. The daily pari-mutuel tax imposed on class A racetrack licensees pursuant to this section shall be:
(1) for each racing day a class A racetrack licensee offers pari-mutuel wagering on live on-track horse races, six hundred fifty dollars ($650); provided, however, that a class A racetrack licensee shall deduct from the six hundred fifty dollars ($650) and remit to the municipality in which the racetrack licensee is located one hundred fifty dollars ($150) if the racetrack licensee is located in a municipality having a population according to the 2000 federal decennial census of:
(a) less than six thousand located in a county with a population of more than ten thousand but less than fifteen thousand; or
(b) more than eight thousand but less than ten thousand located in a county with a population of more than one hundred thousand but less than one hundred fifty thousand; and
(2) for each day a class A racetrack licensee offers no pari-mutuel wagering on live on-track horse races and offers solely pari-mutuel wagering on simulcast races pursuant to the Horse Racing Act, one-eighth percent of the racetrack licensee's gross daily handle, not to exceed three hundred dollars ($300) per racing day.
C. The daily pari-mutuel tax imposed on a class B racetrack licensee pursuant to this section shall be:
(1) for each racing day a class B racetrack licensee offers pari-mutuel wagering on live on-track horse races, one-eighth percent of the racetrack licensee's gross daily handle, not to exceed three hundred dollars ($300) per racing day; and
(2) for each day a class B racetrack licensee offers no pari-mutuel wagering on live on-track horse races and offers solely pari-mutuel wagering on simulcast races pursuant to the Horse Racing Act, one-eighth percent of the class B racetrack licensee's gross daily handle, not to exceed three hundred dollars ($300) per racing day.
History:
Laws 2007, ch. 39, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Cross references.
— For the general fund,
see
6-4-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-21 - Inability to receive or administer distributions; New Mexico horse breeders' association; New Mexico horsemen's association; commission authority; New Mexico-bred horse registry. (Repealed effective July 1, 2028.)

A. In the event that money allocated to the New Mexico horse breeders' association pursuant to Section 60-1A-19 NMSA 1978 cannot be received or administered by the New Mexico horse breeders' association, the commission or another organization designated by the commission and under the absolute control of the commission shall receive and administer the money that is allocated to be distributed by the New Mexico horse breeders' association pursuant to Section 60-1A-24 NMSA 1978. If the commission or its designee organization is required to receive, administer and distribute money on behalf of the New Mexico horse breeders' association, the maximum percentage of retainage from Paragraph (3) of Subsection D of Section 60-1A-24 NMSA 1978 shall be distributed by the commission to the New Mexico horse breeders' association as a fee to certify the dam and stud of New Mexico-bred horses from the registry maintained by the New Mexico horse breeders' association.
B. In the event that money allocated to the New Mexico horsemen's association pursuant to the Horse Racing Act cannot be received or administered by the New Mexico horsemen's association, the commission or another organization designated by the commission and under the absolute control of the commission shall receive and administer the money that is allocated by Section 60-1A-19 NMSA 1978 to the New Mexico horsemen's association and distribute the money as required by Section 60-1A-19 NMSA 1978.
History:
Laws 2007, ch. 39, § 21.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-22 - Payment of taxes; payment of license fees. (Repealed effective July 1, 2028.)

A. Taxes imposed pursuant to the Horse Racing Act shall be remitted to the commission, and a notice of the remittance shall accompany the taxes paid by a racetrack licensee by the close of the business day on Thursday of every week. Failure to make weekly remittances by the racetrack licensee shall result in an assessment by the commission against the racetrack licensee in an amount equal to one percent of the amount that was due to be submitted.
B. Fees for licenses issued by the commission shall be paid to the commission. Daily license fees imposed by Section 60-1A-20 NMSA 1978 shall be submitted to the commission by the racetrack licensee by the close of the business day on Thursday of each week of on-track or simulcast racing.
C. Except for three thousand dollars ($3,000) to be retained by the commission in the horse racing suspense fund, daily license fees and taxes shall be submitted by the commission to the taxation and revenue department on a date to be set by the taxation and revenue department that is no later than the twenty-fifth day of the month following the month in which the fees and taxes are received from a racetrack licensee.
History:
Laws 2007, ch. 39, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-23 - Horse racing suspense account. (Repealed effective July 1, 2028.)

A. The "horse racing suspense account" is created in the state treasury to hold funds remitted to the commission for payment of all legal claims for refunds.
B. Money in the horse racing suspense account exceeding three thousand dollars ($3,000) shall be transferred to the taxation and revenue department for deposit in the general fund.
C. The money in the horse racing suspense account shall be used to pay claims for refunds that have been determined by the commission to be legally due to the remitter.
History:
Laws 2007, ch. 39, § 23.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Cross references.
— For the general fund,
see
6-4-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-25 - Violations of horse racing act; fourth degree felony. (Repealed effective July 1, 2028.)

A person who willfully violates, attempts to violate or conspires to violate a requirement of the Horse Racing Act or a prohibition specifically set forth in the Horse Racing Act is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2007, ch. 39, § 25.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-26 - Illegal use of pari-mutuel wagering. (Repealed effective July 1, 2028.)

A. A person shall not use pari-mutuel wagering except as permitted by the commission pursuant to the Horse Racing Act or pursuant to other state law providing licensing of persons to use pari-mutuel wagering.
B. A person who, directly or indirectly, uses pari-mutuel wagering in a manner that is not authorized by the commission or other state law is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
History:
Laws 2007, ch. 39, § 26.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Participants' fraud not covered.
— Disputes involving losses through the fraud of one participant in a claiming race against another participant were never intended to be settled by the track authorities under this section or any rule adopted pursuant thereto.
Grandi v. LeSage
, 1965-NMSC-017, 74 N.M. 799, 399 P.2d 285 (decided under former law).
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-27 - Predetermining horse races; influencing or attempting to influence; fourth degree felony. (Repealed effective July 1, 2028.)

A. A person shall not influence or attempt to influence the outcome of a horse race by offering money, a thing of value, a future benefit, a favor, preferred treatment or a form of pressure or threat.
B. A person shall not enter into an agreement with an owner, jockey, groom or any other person associated with or having an interest in a racehorse to predetermine the outcome of a horse race.
C. A person who influences or attempts to influence the outcome of a horse race or a person who enters into an agreement to predetermine the outcome of a horse race is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
History:
Laws 2007, ch. 39, § 27.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Participants' fraud not covered.
— Disputes involving losses through the fraud of one participant in a claiming race against another participant were never intended to be settled by the track authorities under this section or any rule adopted pursuant thereto.
Grandi v. LeSage
, 1965-NMSC-017, 74 N.M. 799, 399 P.2d 285 (decided under former law).
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-29 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The state racing commission is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of Chapter 60, Article 1A NMSA 1978 until July 1, 2028. Effective July 1, 2028, Chapter 60, Article 1A NMSA 1978 is repealed.
History:
Laws 2007, ch. 39, § 29; 2011, ch. 75, § 2; 2018, ch. 31, § 1; 2022, ch. 31, § 1.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, changed "July 1, 2021" to "July 1, 2027", and changed "July 1, 2022" to "July 1, 2028".
The 2018 amendment,
effective May 16, 2018, extended the termination date of the state racing commission; after the first occurrence of "July 1", deleted "2017" and added "2021", and after each of the next two occurrences of "July 1", deleted "2018" and added "2022".
The 2011 amendment,
effective July 1, 2011, extended the sunset date from July 1, 2012 to July 1, 2018.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-30 - Temporary provisions [Terms continued]. (Repealed effective July 1, 2028.)

A. Members of the state racing commission who are on the commission on June 30, 2007 shall remain on the state racing commission and complete the terms to which they were appointed, or if the member's term expires on June 30, 2007, until a replacement is appointed.
B. All personnel, records, equipment, supplies and other property of the state racing commission on June 30, 2007 shall remain the personnel, records, equipment, supplies and property of the state racing commission created in this 2007 act.
C. Appropriations to and money held by or for the state racing commission that does not revert to the general fund or another fund on June 30, 2007 shall continue on July 1, 2007 to be held by or for the state racing commission created in this 2007 act.
History:
Laws 2007, ch. 39, § 33.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2 - Boxing and Wrestling Matches › Section 60-2-1 to 60-2-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 90, § 32, repealed 60-2-1 to 60-2-5 NMSA 1978, relating to boxing and wrestling matches, effective July 1, 1980. For present provisions relating to professional athletic competition,
see
Chapter 60, Article 2A NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-1 - Short title. (Repealed effective July 1, 2024.)

Chapter 60, Article 2A NMSA 1978 may be cited as the "Professional Athletic Competition Act".
History:
Laws 1980, ch. 90, § 1; 2000, ch. 4, § 6.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2000 amendment,
effective February 15, 2000, substituted "Chapter 60, Article 2A NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27A Am. Jur. 2d Entertainment and Sports Law § 39 et seq.
30A C.J.S. Entertainment and Amusement §§ 8, 9.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-3 - Commission created; terms; restrictions. (Repealed effective July 1, 2024.)

A. There is created the "New Mexico athletic commission". The commission shall be administratively attached to the department.
B. The commission shall consist of five members who are New Mexico residents and who are appointed by the governor. Three of the members shall have experience in the professional sports, and the other two members shall represent the public. The public members shall not have been licensed or have any financial interest, direct or indirect, in the profession regulated. The members shall be appointed for staggered terms of four years each. Each member shall hold office until the expiration of the term for which appointed or until a successor has been appointed. Not more than three members of the commission shall be appointed from the same political party. No commission member shall serve more than two full terms consecutively.
C. No member shall at any time during his membership on the commission promote or sponsor any professional contest or have any financial interest in the promotion or sponsorship of any professional contest.
History:
Laws 1980, ch. 90, § 3; 1991, ch. 218, § 2.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, rewrote Subsection A to delete provisions relating to initial appointments of members, terms and vacancies and to add the present second sentence; rewrote Subsection B, which read "Not more than two members of the commission shall be appointed from the same political party"; deleted former Subsection C, which read "Two members of the commission shall constitute a quorum for the exercise of the powers and duties of the commission"; and redesignated former Subsection D as present Subsection C.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-4 - Chairman; rules. (Repealed effective July 1, 2024.)

A. The commission shall elect annually in December a chairman and such other officers as it deems necessary. The commission shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the chairman or upon the written request of three or more members of the commission. Three members, at least one of whom is a public member, shall constitute a quorum.
B. The commission may adopt, purchase and use a seal.
C. The commission may adopt rules, subject to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978], for the administration of the Professional Athletic Competition Act not inconsistent with the provisions of the Professional Athletic Competition Act. The rules shall include but not be limited to the:
(1) number and qualifications of ring officials required in a professional contest;
(2) powers, duties and compensation of ring officials; and
(3) qualifications of licensees.
D. The commission shall prepare all forms of contracts between sponsors, licensees, promoters and contestants.
History:
Laws 1980, ch. 90, § 4; 1991, ch. 218, § 3.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, rewrote Subsection A, which read "The members of the commission shall elect one of their number as chairman", and made a minor stylistic change in Subsection C.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 408, § 35 repealed 60-2A-5, as enacted by Laws 1980, ch. 90, § 5, relating to the executive secretary, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-6 - Per diem and mileage. (Repealed effective July 1, 2024.)

The commission members shall be entitled to per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and shall receive no other compensation, perquisite or allowance.
History:
Laws 1980, ch. 90, § 6.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-7 - Medical advisory board. (Repealed effective July 1, 2024.)

A. There is created the "medical advisory board" to assist the commission.
B. The board shall consist of three members to be appointed by the commission. Each member of the board shall be licensed to practice medicine in this state and shall have had at the time of his appointment at least five years' experience in the practice of his profession. Members of the board shall serve without compensation. The board shall:
(1) prepare and submit to the commission for its approval standards for the physical and mental examination of professional boxers and professional wrestlers which shall safeguard their health; provided, no standard shall become effective until approved by the commission;
(2) recommend to the commission for licensing purposes physicians who are qualified to make examinations of professional boxers and wrestlers; and
(3) upon request of the commission, advise the commission as to the physical and mental fitness of any individual professional boxer or wrestler.
History:
Laws 1980, ch. 90, § 7.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-8 - Jurisdiction of commission over professional contests. (Repealed effective July 1, 2024.)

The commission shall have sole direction, management, control and jurisdiction over all professional contests to be conducted, held or given within New Mexico, and no professional contest shall be conducted, held or given in this state except in accordance with the provisions of the Professional Athletic Competition Act.
History:
Laws 1980, ch. 90, § 8.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-8.1 - Cooperative agreements with tribal governments. (Repealed effective July 1, 2024.)

A. The commission may enter into a cooperative agreement with an Indian nation, tribe or pueblo whose tribal lands lie wholly or partly in New Mexico for the exchange of information and for the reciprocal, joint or common direction, management or control of professional contests conducted, held or given in New Mexico. To be effective, an agreement must be signed by the governor.
B. Money collected by the commission on behalf of an Indian nation, tribe or pueblo in accordance with an agreement entered into pursuant to this section is not money of this state and shall be collected and disbursed in accordance with the terms of the agreement, notwithstanding any other provision of law.
C. Nothing in an agreement entered into pursuant to this section shall be construed as an assertion or an admission by either this state or by the Indian nation, tribe or pueblo that the fees of one have precedence over the fees of the other when the person, event or transaction is subject to the jurisdiction of both governments. An agreement entered into pursuant to this section shall be construed solely as an agreement between the two party governments and shall not alter or affect the government-to-government relations between this state and any other Indian nation, tribe or pueblo.
History:
Laws 2005, ch. 346, § 7.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
Effective dates.
— Laws 2005, ch. 346 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-8.2 - Jurisdiction of commission over unarmed combat contests. (Repealed effective July 1, 2024.)

A. The commission shall have sole direction, management, control and jurisdiction over all contests or exhibitions of unarmed combat to be conducted, held or given within New Mexico, and no contest or exhibition may be conducted, held or given within the state except in accordance with the provisions of the Professional Athletic Competition Act.
B. Any contest involving a form of Oriental unarmed self-defense must be conducted pursuant to rules for that form that are approved by the commission before the contest is conducted, held or given in the state except in accordance with the provisions of the Professional Athletic Competition Act.
History:
Laws 2007, ch. 109, § 2.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978
Emergency clause.
— Laws 2007, ch. 109, § 3 contained an emergency clause and was approved March 30, 2007.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-9 - Licenses to conduct professional contests. (Repealed effective July 1, 2024.)

A. The commission may issue licenses to conduct, hold or give a professional contest to any promoter under such terms and in accordance with such rules as the commission may adopt.
B. Any application for such a license shall be in writing and shall correctly show the promoter. The application shall be accompanied by the annual fee prescribed by law.
C. Before any license is granted to a promoter, the promoter must file a bond in an amount fixed by the commission but not less than two thousand dollars ($2,000) with good and sufficient surety and conditioned for the faithful performance by the promoter of the provisions of the Professional Athletic Competition Act.
History:
Laws 1980, ch. 90, § 9.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-10 - Licenses for promoters, boxers, wrestlers, trainers, ring officials and others. (Repealed effective July 1, 2024.)

A. All promoters, foreign co-promoters, matchmakers, professional boxers, professional wrestlers, managers, seconds, announcers, referees, trainers, booking agents and timekeepers shall be licensed by the commission.
B. No person shall be permitted to participate, either directly or indirectly, in any professional contest unless such person shall have first procured a license from the commission.
C. Any person violating the provisions of this section is guilty of a petty misdemeanor.
History:
Laws 1980, ch. 90, § 10.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-11 - Licenses for physicians. (Repealed effective July 1, 2024.)

The commission may issue licenses without fees to physicians authorizing them to officiate at professional contests.
History:
Laws 1980, ch. 90, § 11.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-12 - License fees. (Repealed effective July 1, 2024.)

The annual license fee shall not exceed the following amounts:
A. promoters
$300.00
B. foreign co-promoters
500.00
C. referees
40.00
D. timekeepers and announcers
25.00
E. seconds and trainers
25.00
F. managers
50.00
G. professional boxers
25.00
H. professional wrestlers
25.00
I. booking agents
50.00
J. matchmakers
50.00
K. judges
25.00.
Every license shall expire at midnight on December 31 of the year in which the license is issued.
History:
Laws 1980, ch. 90, § 12; 1991, ch. 218, § 4.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, substituted "shall not exceed the following amounts" for "shall be" in the introductory phrase; inserted "professional" in Subsections G and H; inserted Subsection K; and increased the fees as follows: in Subsection A, from $200.00 to $300.00, in Subsection B, from $400.00 to $500.00, in Subsection C, from $10.00 to $40.00, in Subsection D, from $1.00 to $25.00, in Subsection E, from $5.00 to $25.00, in Subsection F, from $25.00 to $50.00, in Subsection G, from $5.00 to $25.00 and, in Subsection J, from $25.00 to $50.00.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-13 - Real party in interest. (Repealed effective July 1, 2024.)

The commission shall not issue any license for a professional contest unless it is satisfied that the promoter is the real party in interest and intends to conduct, hold or give such contests himself, or unless the promoter receives at least twenty-five percent of the net receipts. A license may be revoked at any time if the commission finds that the promoter is not the real party in interest.
History:
Laws 1980, ch. 90, § 13.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-14 - Suspension; revocation of licenses. (Repealed effective July 1, 2024.)

A. The commission may suspend or revoke any license when in its judgment the licensee:
(1) participated in any sham or fake professional contest;
(2) is guilty of a failure to give his best efforts in a professional contest;
(3) is guilty of any foul or unsportsmanlike conduct in connection with a professional contest; or
(4) is guilty of participating in an event while under the influence of illegal drugs.
B. Before revocation of a license, the commission shall afford the licensee opportunity for a hearing, and upon request of the licensee and after reasonable notice, the commission shall conduct a hearing on the revocation, permitting the licensee to appear personally and by counsel, introduce evidence and examine and cross-examine witnesses.
C. A majority vote of the members of the commission is required to revoke a license. The commission shall file a written report of its findings, determinations and order with the record of the proceedings and shall send a copy thereof to the licensee.
History:
Laws 1980, ch. 90, § 14; 1983, ch. 37, § 1; 1991, ch. 218, § 5.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, added Paragraph (4) in Subsection A and made a related stylistic change.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-15 - Subpoena power. (Repealed effective July 1, 2024.)

The commission, on a vote of the majority of the members thereof, may issue subpoenas in connection with any investigation or hearing, requiring the attendance and testimony of any person or the production of books and papers of any licensee or other person whom the commission believes to have information, books or papers of importance to the investigation or hearing.
History:
Laws 1980, ch. 90, § 15.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-16 - Contracts. (Repealed effective July 1, 2024.)

A. Every professional boxer or professional wrestler competing in a professional contest shall be entitled to receive a copy of a written contract or agreement approved as to form by the commission binding a licensee to pay the professional boxer or professional wrestler a certain fixed fee or percentage of the gate receipts.
B. One copy of such contract or agreement shall be filed with the executive secretary of the commission and one copy shall be retained by the licensee or promoter of the professional contest.
History:
Laws 1980, ch. 90, § 16.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-17 - Insurance. (Repealed effective July 1, 2024.)

A. The commission may by rule require insurance coverage for each licensed professional boxer or professional wrestler to provide for medical, surgical and hospital care for injuries sustained while preparing for or engaged in a professional contest in an amount of one thousand dollars ($1,000) payable to such boxer or wrestler as beneficiary.
B. In lieu of, or in addition to, the insurance provided for in Subsection A of this section, the commission may establish a voluntary injury fund in the state treasury to provide for the medical care of a professional boxer or professional wrestler injured in the course of a professional contest. The fund shall consist solely of voluntary contributions by promoters equal to two percent of the gross receipts of the professional contest. The funds may be expended upon vouchers signed by the chairman of the commission and warrants drawn by the secretary of finance and administration.
History:
Laws 1980, ch. 90, § 17.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-18 - Advances against contestant's purse. (Repealed effective July 1, 2024.)

No promoter or foreign co-promoter shall pay or give any money to a licensee before any professional contest as an advance against a contestant's purse or for a similar purpose. except that a promoter may, with the prior written consent of the commission, pay or advance to a contestant necessary expenses for transportation and maintenance in preparation for a professional contest.
History:
Laws 1980, ch. 90, § 18.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-19 - Withholding of purse. (Repealed effective July 1, 2024.)

A. The commission or its executive secretary may order a promoter to withhold any part of a purse or other funds belonging or payable to any contestant, manager or second if, in the judgment of the commission or the executive secretary, the contestant is not competing honestly or to the best of his skill and ability or if the manager or second has violated any of the provisions of the Professional Athletic Competition Act or any rule promulgated thereunder.
B. This section does not apply to any professional wrestler who appears not to be competing honestly or to the best of his skill and ability.
C. Upon the withholding of any part of a purse pursuant to this section, the commission shall immediately schedule a hearing on the matter as promptly as possible. If it is determined that such contestant, manager or second is not entitled to any part of his share of the purse or other funds, the promoter shall turn such money over to the commission and it shall become forfeit to the state and be disposed of as are fees.
History:
Laws 1980, ch. 90, § 19.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-20 - Attendance at weigh-ins; medical examinations; professional contests. (Repealed effective July 1, 2024.)

A. The executive secretary or a member of the commission shall be present at all weigh-ins, medical examinations and professional contests and shall see that the provisions of the Professional Athletic Competition Act and the rules made pursuant thereto are strictly enforced.
B. Every participant in a professional boxing contest shall be present and weighed in no later than twelve o'clock noon on the day of the professional contest.
History:
Laws 1980, ch. 90, § 20.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-21 - Length of professional contests; rounds. (Repealed effective July 1, 2024.)

No professional boxing contest shall be more than fifteen rounds in length, and each round shall not exceed three minutes in length. There shall be a one-minute rest between rounds. The commission shall adopt rules governing the length of professional wrestling contests, duration of rounds and the period of rest between rounds.
History:
Laws 1980, ch. 90, § 21.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-22 - Minors; participants. (Repealed effective July 1, 2024.)

No person under the age of majority shall participate in or be licensed for any professional contest.
History:
Laws 1980, ch. 90, § 22.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-23 - Regulatory fees on promotions. (Repealed effective July 1, 2024.)

A. In addition to any other taxes or fees provided by law, there is imposed upon every promoter for the privilege of promoting a professional contest a regulatory fee in an amount determined pursuant to the rules of the commission to be sufficient to cover the costs of regulating the contest; provided that the fee shall not exceed four percent of the total gross receipts of any professional contest conducted live in New Mexico.
B. The commission shall adopt rules for the administration, collection and enforcement of the fee imposed pursuant to this section.
C. As used in this section, "total gross receipts of any professional contest" includes:
(1) the gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of the professional contest without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges;
(2) the face value of all tickets sold and complimentary tickets issued; and
(3) any sums received as consideration for holding a professional contest at a particular location.
History:
Laws 1980, ch. 90, § 23; 1981, ch. 326, § 2; 2005, ch. 346, § 1.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, in Subsection A, provided for the imposition of a regulatory fee in an amount determined pursuant to the rules of the commission to be sufficient to cover the costs of regulating the contest provided that the fee shall not exceed four percent.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-24 - Athletic commission fund. (Repealed effective July 1, 2024.)

The proceeds of the regulatory fee on promotions and of the supervisory fee on closed-circuit television or motion pictures, together with any license fees or other fees authorized pursuant to the Professional Athletic Competition Act, shall be deposited with the state treasurer to the credit of the "athletic commission fund" which is hereby created. Money in the fund is subject to appropriation by the legislature. Expenditures from the athletic commission fund shall only be made 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.
History:
Laws 1980, ch. 90, § 24; 2005, ch. 346, § 2.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "privilege tax" to "regulatory fee" and provided that money in the fund is subject to appropriation by the legislature.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-25 - Time of payment of regulatory fee. (Repealed effective July 1, 2024.)

A. Any person upon whom the regulatory fee is imposed pursuant to Section 60-2A-23 NMSA 1978 shall, within seventy-two hours after the completion of any professional contest for which an admission fee is charged and received or a contribution is requested and received, furnish to the commission a written report on forms prescribed by the commission showing:
(1) the number of tickets sold and issued or sold or issued for the professional contest;
(2) the amount of the gross receipts or value thereof;
(3) the amount of gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture or television rights of the professional contest, without any deductions for commissions, brokerage fees, distribution fees, advertising or any other expenses or charges; and
(4) such other matters as the commission may prescribe.
B. The commission or any of its authorized employees may inspect the books, ticket stubs or any other data necessary for the proper enforcement of the regulatory fee and supervisory fee imposed pursuant to the Professional Athletic Competition Act.
History:
Laws 1980, ch. 90, § 25; 2005, ch. 346, § 3.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "privilege tax" to "regulatory fee" in Subsection A; and changed "privilege tax" to "regulatory fee and supervisory fee" in Subsection B.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-26 - Supervisory fee on closed-circuit telecasts or motion pictures; report to commission. (Repealed effective July 1, 2024.)

A. Any person who charges and receives an admission fee for exhibiting any live professional contest on a closed-circuit telecast or motion picture shall, within seventy-two hours after the event, furnish to the commission a verified written report on a form prescribed by the commission showing the number of tickets sold and issued or sold or issued and the gross receipts for the exhibition without any deductions.
B. There is imposed a supervisory fee upon the privilege of exhibiting for an admission fee any live professional contest on a closed-circuit telecast or motion picture. A supervisory fee is imposed in an amount determined pursuant to the rules of the commission to be sufficient to cover the costs of supervising the exhibition; provided that the fee shall not exceed five percent of the gross receipts derived from the exhibition.
C. The fee imposed pursuant to this section shall be administered, collected, enforced and the proceeds deposited as provided in Section 60-2A-24 NMSA 1978.
History:
Laws 1980, ch. 90, § 26; 1981, ch. 326, § 3; 1997, ch. 174, § 1; 2005, ch. 346, § 4.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, in Subsection B, changed "tax" to "supervisory fee" ; deleted the former provision which provided that a fee was imposed on a live professional contest except a live professional boxing contest held between the effective date of the 1977 act and July 1, 1999; and provided that a supervisory fee is imposed in an amount determined by rule of the commission to be sufficient to cover the costs of supervising the exhibition, provided the fees shall not exceed five percent; and in Subsection C, changed "privilege tax" to "fee".
The 1997 amendment,
effective April 9, 1997, inserted the exception in the first sentence in Subsection B, and made stylistic changes.
"Closed-circuit telecast".
— Cable television is a type of closed-circuit telecast within the meaning of this section. 1988 Op. Att'y Gen. No. 88-51.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-27 - Penalty; nonpayment of fee. (Repealed effective July 1, 2024.)

Any person who willfully attempts to evade or defeat any regulatory fee or supervisory fee or the payment thereof imposed pursuant to the Professional Athletic Competition Act is guilty of a fourth degree felony.
History:
Laws 1980, ch. 90, § 27; 2005, ch. 346, § 5.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "tax" to "regulatory fee and supervisory fee".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-28 - Civil penalty. (Repealed effective July 1, 2024.)

In the case of failure due to negligence or disregard of rules and regulations of the commission, but without intent to defraud, to pay when due any amount of regulatory fee or supervisory fee required to be paid pursuant to the Professional Athletic Competition Act, there shall be added to the amount two percent per month or a fraction of a month from the date the fee was due or from the date the report was required to be filed, not to exceed ten percent of the fee due.
History:
Laws 1980, ch. 90, § 28; 2005, ch. 346, § 6.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed "tax" to "regulatory fee and supervisory fee".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-29 - Penalty. (Repealed effective July 1, 2024.)

Any person violating the provisions of the Professional Athletic Competition Act is guilty of a misdemeanor and upon conviction therefor shall be punished, in the discretion of the court, by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed three months, or by both such fine and imprisonment.
History:
Laws 1980, ch. 90, § 29.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-30 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)

The New Mexico athletic commission is terminated on July 1, 2023 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The commission shall continue to operate according to the provisions of the Professional Athletic Competition Act until July 1, 2024. Effective July 1, 2024, Chapter 60, Article 2A NMSA 1978 is repealed.
History:
Laws 1980, ch. 90, § 30; 1981, ch. 241, § 14; 1983, ch. 37, § 2; 1987, ch. 333, § 4; 1993, ch. 83, § 3; 2000, ch. 4, § 7; 2005, ch. 208, § 4; 2011, ch. 30, § 1; 2017, ch. 52, § 2.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, changed "July 1, 2017" to "July 1, 2023", and changed "July 1, 2018" to "July 1, 2024".
The 2011 amendment,
effective June 17, 2011, changed the termination, operation and repeal dates.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 2000 amendment,
effective February 15, 2000, substituted "2005" for "1999" in the first sentence; "the Professional Athletic Competition Act" for "Chapter 60, Article 2A NMSA 1978" in the second sentence and "2006" for "2000" in the last two sentences.
The 1993 amendment,
effective June 18, 1993, substituted "July 1, 1999" for "July 1, 1993" in the first sentence, and "July 1, 2000" for "July 1, 1994" in the second and third sentences.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-31 - Boxing headgear required when under fifteen years of age; penalty. (Repealed effective July 1, 2024.)

A. It is unlawful for any person to permit, promote or sponsor any person under the age of fifteen years to train as a boxer, engage in boxing matches or compete in school boxing exhibitions or events without wearing protective headgear.
B. Any person violating the provisions of Subsection A of this section is guilty of a petty misdemeanor.
History:
Laws 1981, ch. 327, § 1.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-32 - Protective headgear required in all amateur boxing. (Repealed effective July 1, 2024.)

A. It is unlawful for any person to permit, sponsor or promote any amateur to train as a boxer, engage in boxing matches or compete in boxing events without wearing protective headgear meeting the standards approved under the official rules of the USA Amateur Boxing Federation.
B. Any person violating the provisions of Subsection A of this section is guilty of a misdemeanor.
History:
Laws 1983, ch. 146, § 1.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-33 - Criminal offender character evaluation. (Repealed effective July 1, 2024.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Professional Athletic Competition Act.
History:
1978 Comp., § 60-2A-33, enacted by Laws 1991, ch. 218, § 6.
ANNOTATIONS
Delayed repeal.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2A - Athletic Competition › Section 60-2A-34 - Unlicensed activity; disciplinary proceedings; civil penalty. (Repealed effective July 1, 2024.)

A person who is not licensed to engage in a professional athletic competition activity regulated by the board is subject to disciplinary proceedings by the board as provided in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. The provisions of Section 61-1-3.2 NMSA 1978 notwithstanding, the board may impose a civil penalty in an amount not to exceed two thousand dollars ($2,000) against a person who engages in a professional athletic competition activity regulated by the board without a license. In addition, the board may assess the person for administrative costs, including investigative costs and the cost of conducting a hearing.
History:
Laws 2017, ch. 52, § 1.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-2A-30 NMSA 1978.
Effective dates.
— Laws 2017, ch. 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2B - Bingo and Raffle (Repealed.) › Section 60-2B-1 - Repealed.

History:
Laws 1981, ch. 259, § 1; repealed by Laws 2009, ch. 81, § 30.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 81, § 30 repealed 60-2B-1 NMSA 1978, as enacted by Laws 1981, ch. 259, § 1, relating to the short title of the Bingo and Raffle Act, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.