2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-14.1 - Racehorse testing fund; created; purpose. (Repealed effective July 1, 2028.)

The "racehorse testing fund" is created in the state treasury. The purpose of the fund is to ensure the testing of racehorses at a laboratory that meets or exceeds the current national laboratory standards for the testing of drugs or other foreign substances not naturally occurring in a horse, as established by the association of racing commissioners international, incorporated, or of a successor organization or, if none, of another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry. The fund consists of one-half of the daily capital outlay tax appropriated and transferred pursuant to Paragraph (4) of Subsection A of Section 60-1A-20 NMSA 1978 and appropriations, gifts, grants and donations made to the fund. Income from investment of the fund shall be credited to the fund. The commission shall administer the racehorse testing fund, and money in the fund is appropriated to the commission for the handling of pre- and post-race, out-of-competition and necropsy testing of blood serum plasma, urine or other appropriate test samples taken from racehorses pursuant to Section 60-1A-14 NMSA 1978 and to compensate the equine health and testing advisor employed or selected pursuant to Section 60-1A-13 NMSA 1978. Any unexpended or unencumbered balance remaining in the racehorse testing fund at the end of a fiscal year in excess of six hundred thousand dollars ($600,000) shall revert to the general fund. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission.
History:
Laws 2013, ch. 102, § 1; 2015, ch. 140, § 2; 2017, ch. 28, § 4; 2017, ch. 145, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Duplicate amendments.
— Laws 2017, ch. 28, § 4 and Laws 2017, ch. 145, § 4, both effective July 1, 2017, enacted identical amendments to this section. The section is set out as amended by Laws 2017, ch. 28, § 4.
See
compiler's note below.
Compiler's notes.
— Laws 2017, ch. 28, § 4, was signed into law by the governor on March 30, 2017.
Senate Bill 184 (Laws 2017, ch. 145), enacted by the Fifty-Third Legislature, First Session, 2017, was vetoed by the governor on March 15, 2017. Pursuant to the First Judicial District Court's decision in State ex rel. New Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of New Mexico et al., D-101-CV-2017-01550, and affirmed by S.Ct. Order No. S-1-SC-36731, on April 25, 2018, which held that Article IV, Section 22 of the New Mexico Constitution requires that objections must accompany a returned bill, Senate Bill 184 was chaptered into law by the Secretary of State.
Pursuant to 12-1-8 NMSA 1978, the section was set out as amended by Law 2017, ch. 28, § 4.
The 2017 amendment,
effective July 1, 2017, provided that money from the racehorse testing fund be used to compensate the equine health and testing advisor; after "incorporated", added "or of a successor organization or, if none, of another nationally recognized organization that has published substantially similar guidelines that are generally accepted in the horse racing industry", and after "Section 60-1A-14 NMSA 1978", deleted "following guidelines that meet or exceed the standards established in model rules 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 guidelines that are generally accepted in the horse racing industry as determined by the commission", and added "and to compensate the equine health and testing advisor employed or selected pursuant to Section 60-1A-13 NMSA 1978".
The 2015 amendment,
effective June 19, 2015, provided that money from the racehorse testing fund shall be administered by the racing commission for conducting drug testing of racehorses following guidelines that meet or exceed standards in internationally recognized model rules; after "appropriated to the commission for the handling", deleted "and" and added "of pre- and post-race, out-of-competition and necropsy", after "pursuant to Section 60-1A-14 NMSA 1978," added the remainder of the sentence.