reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-3 - Self-service storage insurance producer license.

A. The superintendent may issue a self-service storage insurance producer license to an applicant who is qualified to solicit or sell self-service storage insurance.
B. An owner shall not sell, solicit or offer self-service storage insurance unless the owner has complied with the requirements of the Self-Service Storage Insurance License Act and has been issued a self-service storage insurance producer license by the superintendent.
C. A self-service storage insurance producer license authorizes the licensee and its employees and authorized representatives to sell, solicit and offer self-service storage insurance to occupants at any self-service storage facility at which the owner conducts business.
D. Self-service storage insurance producers shall be licensed pursuant to Article 11 of the Insurance Code.
E. An owner is not required to be licensed as a self-service storage insurance producer solely to display and make available to occupants and prospective occupants brochures and other promotional materials created by or on behalf of an insurer, if the owner and its unlicensed employees and authorized representatives do not sell, solicit or offer self-service storage insurance.
F. A licensee pursuant to this section may provide self-service storage insurance under an individual policy or under a commercial, corporate, group or master policy.
G. An owner shall not:
(1) require an occupant to purchase insurance offered by the owner as a requirement to lease storage space at a self-service storage facility; or
(2) advertise, represent or otherwise hold the owner's self out as a self-service storage insurance producer unless licensed pursuant to the Self-Service Storage Insurance License Act.
History:
Laws 2019, ch. 219, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-4 - Registry of authorized locations.

A. Before offering self-service storage insurance at a location, a self-service storage insurance producer shall provide the superintendent with a complete list of each location where the self-service storage insurance producer will offer self-service storage insurance. The supervising entity shall maintain a registry of each location at which a self-service storage insurance producer is authorized to sell, solicit or offer self-service storage insurance in this state.
B. The registry shall be made available for inspection by the superintendent upon reasonable request.
C. A self-service storage insurance producer shall notify the superintendent within thirty days after:
(1) engaging in the sale or solicitation of self-service storage insurance at any additional location in the state; or
(2) ceasing to sell, solicit or offer self-service storage insurance.
History:
Laws 2019, ch. 219, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-5 - Disclosure of terms.

A. A self-service storage insurance producer shall not sell, solicit or offer self-service storage insurance to occupants at any location unless the licensee makes available a brochure or other written or electronic material that:
(1) discloses that self-service storage insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy, vehicle insurance policy, watercraft insurance policy or other property insurance coverage;
(2) states that the purchase by the occupant of the self-service storage insurance offered by the owner is not required in order to lease storage space at the self-service storage facility;
(3) provides the actual terms of the self-service storage insurance coverage or summarizes the material terms of the self-service storage insurance coverage, including:
(a) the identity of the insurer;
(b) the price of coverage and how payment shall be made;
(c) the identity of the supervising entity;
(d) deductibles, exclusions and conditions;
(e) benefits of the coverage; and
(f) key terms and conditions of coverage;
(4) summarizes the process for filing a claim; and
(5) states that an occupant that purchases self-service storage insurance may cancel the insurance at any time by notifying the insurer or the supervising entity in writing and shall receive a refund of any unearned premium within twenty days of cancellation.
B. The written or electronic material required pursuant to this section shall be submitted to the superintendent for approval upon request.
History:
Laws 2019, ch. 219, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-6 - Authorized employees and representatives.

A. At the time of filing a self-service storage insurance producer license application, the applicant shall establish a list of the names of all employees and authorized representatives whose duties may include offering and selling self-service storage insurance. The list shall be:
(1) maintained by the licensee in a form prescribed by the superintendent;
(2) updated annually; and
(3) retained by the self-service storage facility for three years and made available to the superintendent for review and inspection upon request.
B. An employee or authorized representative of a self-service storage insurance producer who is at least eighteen years of age and has been trained pursuant to Section 8 [59A-62-8 NMSA 1978] of the Self-Service Storage Insurance Act may act on behalf and under the supervision of the self-service storage insurance producer in matters relating to the conduct of business under that producer's license.
C. An employee or authorized representative of a self-service storage insurance producer may sell, solicit and offer self-service storage insurance to occupants and shall not be subject to licensure as an insurance producer.
History:
Laws 2019, ch. 219, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-7 - Commissions.

A self-service storage insurance producer shall not compensate an employee or authorized representative based primarily on the number of occupants that purchase self-service storage insurance from the self-service storage insurance producer unless that compensation is incidental to the employee's or authorized representative's overall compensation.
History:
Laws 2019, ch. 219, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-8 - Required training programs.

A. The supervising entity shall supervise the administration of the self-service storage insurance program, including development of a training program approved by the superintendent for employees and authorized representatives of the self-service storage insurance producer.
B. The training program shall be provided to an employee or authorized representative of a self-service storage insurance producer prior to that person engaging in the activity of selling, soliciting or offering self-service storage insurance.
C. The training shall inform employees and authorized representatives:
(1) that employees and authorized representatives of an owner are prohibited from advertising, representing or otherwise holding themselves out as insurance producers;
(2) about ethical sales practices; and
(3) about the self-service storage insurance offered to occupants and regarding the disclosures required pursuant to the Self-Service Storage Insurance License Act.
D. The training materials used by or on behalf of the self-service storage facility to train employees and authorized representatives shall be submitted to the superintendent at the time the owner applies for a self-service storage insurance producer license and whenever modified. Any changes to those training materials shall be submitted to the superintendent prior to their use by the licensee and in a form prescribed by the superintendent.
E. Training materials and changes to those materials that are submitted to the superintendent in accordance with this section shall be deemed approved for use by the supervising entity unless the superintendent notifies the supervising entity otherwise.
F. Failure by a self-service storage facility to submit training materials or changes for the superintendent's review, or use of disapproved training materials, shall constitute grounds for the denial of an application for license, nonrenewal of a license or a suspension of a license.
History:
Laws 2019, ch. 219, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-9 - Collection of fees.

A. Charges for self-service storage insurance coverage may be billed and collected by a self-service storage insurance producer.
B. A charge to an occupant for coverage that is not included in the cost associated with the rental of storage space shall be separately itemized on the occupant's bill.
C. If self-service storage insurance coverage is included with the rental of storage space, the self-service storage insurance producer shall clearly and conspicuously disclose to the occupant in the rental invoice or otherwise that the self-service storage insurance coverage is included with charges for the rental of storage space.
D. An occupant that purchases self-service storage insurance may cancel the insurance at any time by notifying the insurer or the supervising entity in writing and shall receive a refund of any unearned premium within twenty days of cancellation.
History:
Laws 2019, ch. 219, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-10 - Fiduciary funds.

A. Self-service storage insurance producers billing and collecting charges shall comply with the fiduciary requirements set forth in Section 59A-12-22 NMSA 1978, except that, pursuant to Paragraph (1) of Subsection B of Section 59A-12-22 NMSA 1978, the self-service storage insurance producer may remit received premiums, less applicable commissions, if any, and return premiums to the insurer or supervising entity within a time established by contract with the insurer or supervising entity, not to exceed sixty days after such receipt.
B. All money received by a self-service storage insurance producer or its employees or authorized representatives from an occupant for the sale of self-service storage insurance shall be held by the self-service storage insurance producer in a fiduciary capacity for the benefit of the insurer. A self-service storage insurance producer may receive compensation for billing and collection services, as established by contract with the insurer or supervising entity.
History:
Laws 2019, ch. 219, § 10.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 59A - Insurance Code › Article 62 - Self-Service Storage Insurance License › Section 59A-62-11 - Penalties.

After notice and hearing by the superintendent, the superintendent may impose by administrative penalty upon a person who violates a provision of the Self-Service Storage Insurance License Act the following:
A. a fine not to exceed one thousand dollars ($1,000) per violation and not to exceed a total of ten thousand dollars ($10,000);
B. suspension of transacting self-service storage insurance at specific locations where violations have occurred;
C. suspension or revocation of the rights of individual employees or authorized representatives of a self-service storage insurance producer to act under the license; or
D. suspension or revocation of the self-service storage insurance producer's or supervising entity's license to transact insurance in this state.
History:
Laws 2019, ch. 219, § 11.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 219, § 14 made Laws 2019, ch. 219 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-1 - Repealed.

History:
Laws 1933, ch. 55, § 1; 1937, ch. 203, § 1; 1941 Comp., § 62-601; 1953 Comp., § 60-6-1; Laws 1973, ch. 323, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-1 NMSA 1978, as enacted by Laws 1933, ch. 55, § 1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-2 - Repealed.

History:
1953 Comp., § 60-6-1.1, enacted by Laws 1977, ch. 245, § 123; 1991, ch. 21, § 38; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-2 NMSA 1978, as enacted by Laws 1977, ch. 245, § 123, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-3 - Repealed.

History:
Laws 1933, ch. 55, § 2; 1937, ch. 203, § 2; 1941 Comp., § 62-602; Laws 1947, ch. 192, § 1; 1953 Comp., § 60-6-2; Laws 1955, ch. 87, § 1; 1973, ch. 323, § 2; 1975, ch. 95, § 1; 1989, ch. 99, § 1; 1989, ch. 377, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-3 NMSA 1978, as enacted by Laws 1933, ch. 55, § 2, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-4 - Repealed.

History:
1953 Comp., § 60-6-2.1, enacted by Laws 1955, ch. 87, § 2; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-4 NMSA 1978, as enacted by Laws 1955, ch. 87, § 2, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-5 - Repealed.

History:
1953 Comp., § 60-6-2.2, enacted by Laws 1973, ch. 323, § 3; 1977, ch. 96, § 1; 1985, ch. 215, § 1; 2001, ch. 192, § 1; 2004, ch. 56, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-5 NMSA 1978, as enacted by Laws 1973, ch. 323, § 3, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-6 - Repealed.

History:
1953 Comp., § 60-6-2.3, enacted by Laws 1973, ch. 323, § 4; 1977, ch. 92, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-6 NMSA 1978, as enacted by Laws 1973, ch. 323, § 4, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-6.1 - Repealed.

History:
Laws 1991, ch. 7, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-6.1 NMSA 1978, as enacted by Laws 1991, ch. 7, § 1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-7 - Repealed.

History:
Laws 1933, ch. 55, § 3; 1937, ch. 203; § 3; 1941 Comp., § 62-603; 1953 Comp., § 60-6-3; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-7 NMSA 1978, as enacted by Laws 1933, ch. 55, §3, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-8 - Repealed.

History:
Laws 1933, ch. 55, § 4; 1937, ch. 203, § 4; 1941 Comp., § 62-604; 1953 Comp., § 60-6-4; Laws 1961, ch. 78, § 1; 1978, ch. 160, § 1; 1989, ch. 260, § 2; 1990, ch. 130, § 1; 1991, ch. 7, § 2; 1991, ch. 195, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-8 NMSA 1978, as enacted by Laws 1933, ch. 55, § 4, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-9 - Repealed.

History:
Laws 1933, ch. 55, § 5; 1937, ch. 203, § 5; 1941 Comp., § 62-605; 1953 Comp., § 60-6-5; Laws 1973, ch. 323, § 5; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-9 NMSA 1978, as enacted by Laws 1933, ch. 55, § 5, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-10 - Repealed.

History:
Laws 1933, ch. 55, § 6; 1941 Comp., § 62-606; 1953 Comp., § 60-6-6; Laws 1961, ch. 78, § 2; 1966, ch. 23, § 1; 1979, ch. 4, § 2; 1979, ch. 348, § 1; 1981, ch. 227, § 1; 1983, ch. 8, § 1; 1989, ch. 251, § 1; 1990, ch. 130, § 2; 1991, ch. 7, § 3; 1991, ch. 195, § 2; 1992, ch. 15, § 1; 1993, ch. 288, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-10 NMSA 1978, as enacted by Laws 1933, ch. 55, § 6, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-11 - Repealed.

History:
Laws 1933, ch. 55, § 7; 1937, ch. 203, § 6; 1941 Comp., § 62-607; 1953 Comp., § 60-6-7; Laws 1973, ch. 323, § 6; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-11 NMSA 1978, as enacted by Laws 1933, ch. 55, § 7, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-12 - Repealed.

History:
1953 Comp., § 60-6-7.1, enacted by Laws 1973, ch. 323, § 7; 1993, ch. 300, § 2; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-12 NMSA 1978, as enacted by Laws 1973, ch. 323, § 7, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-13 - Repealed.

History:
1953 Comp., § 60-6-7.2, enacted by Laws 1975, ch. 189, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-13 NMSA 1978, as enacted by Laws 1975, ch. 189, § 1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-14 - Repealed.

History:
Laws 1933, ch. 55, § 8; 1937, ch. 203, § 7; 1941 Comp., § 62-608; 1953 Comp., § 60-6-8; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-14 NMSA 1978, as enacted by Laws 1933, ch. 55, § 8, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-15 - Repealed.

History:
Laws 1933, ch. 55, § 9; 1937, ch. 203, § 8; 1941 Comp., § 62-609; 1953 Comp., § 60-6-9; Laws 1961, ch. 78, § 3; 1966, ch. 23, § 2; 1972, ch. 4, § 1; 1973, ch. 280, § 1; 1981, ch. 227, § 2; 1983, ch. 327, § 1; 1985, ch. 137, § 2; 1989, ch. 260, § 3; 1990, ch. 130, § 3; 1991, ch. 7, § 4; 1991, ch. 195, § 3; 1992, ch. 110, § 1; 1994, ch. 72, § 1; 2004, ch. 119, § 2; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-15 NMSA 1978, as enacted by Laws 1933, ch. 55, § 9, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-15.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 195, § 8 repealed 60-1-15.1 NMSA 1978, as enacted by Laws 1985, ch. 137, § 3, relating to determination of amount of compensation for municipal services, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com
.
Compiler's notes.
— This section was also amended by Laws 1991, ch. 146, § 1, approved April 3, 1991. This amendment was not given effect due to the repeal of this section by Laws 1991, ch. 115, § 8, approved April 4, 1991.
See
12-1-8 NMSA 1978.
Laws 1992, ch. 110, § 2 enacted a section designated as 60-1-15.1 NMSA 1978, but, due to the prior existence of 60-1-15.1, that section was compiled as 60-1-15.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-15.2 - Repealed.

History:
Laws 1992, ch. 110, § 2; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-15.2 NMSA 1978, as enacted by Laws 1992, ch. 110, § 2, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-15.3 - Repealed.

History:
Laws 1993, ch. 300, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-15.3 NMSA 1978, as enacted by Laws 1993, ch. 300, § 1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-16 - Repealed.

History:
Laws 1933, ch. 55, § 10; 1937, ch. 203, § 9; 1941 Comp., § 62-610; 1953 Comp., § 60-6-10; Laws 1957, ch. 17, § 1; 1965, ch. 270, § 2; 1973, ch. 323, § 8; 1977, ch. 161, § 1; 1979, ch. 348, § 2; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-16 NMSA 1978, as enacted by Laws 1933, ch. 55, § 10, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-17 - Repealed.

History:
1953 Comp., § 60-6-10.1, enacted by Laws 1977, ch. 161, § 2; 1979, ch. 348, § 3; 1980, ch. 95, § 1; 1983, ch. 8, § 2; 1992, ch. 15, § 2; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-17 NMSA 1978, as enacted by Laws 1977, ch. 161, § 2, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-18 - Repealed.

History:
1953 Comp., § 60-6-10.2, enacted by Laws 1965, ch. 270, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-18 NMSA 1978, as enacted by Laws 1965, ch. 270, § 1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-19 - Repealed.

History:
Laws 1933, ch. 55, § 11; 1937, ch. 203, § 10; 1941 Comp., § 62-611; 1953 Comp., § 60-6-11; Laws 1963, ch. 191, § 1; 1993, ch. 300, § 3; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-19 NMSA 1978, as enacted by Laws 1933, ch. 55, § 11, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-20 - Repealed.

History:
1941 Comp., § 62-612, enacted by Laws 1947, ch. 94, § 1; 1953 Comp., § 60-6-12; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-20 NMSA 1978, as enacted by Laws 1947, ch. 94, § 1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-21 - Repealed.

History:
1941 Comp., § 62-613, enacted by Laws 1947, ch. 94, § 2; 1953 Comp., § 60-6-13; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-21 NMSA 1978, as enacted by Laws 1947, ch. 94, § 2, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-22 - Repealed.

History:
1953 Comp., § 60-6-13.1, enacted by Laws 1975, ch. 190, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-22 NMSA 1978, as enacted by Laws 1975, ch. 190, §1, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-23 - Repealed.

History:
1953 Comp., § 60-6-14, enacted by Laws 1973, ch. 323, § 10; 1990, ch. 130, § 5; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-23 NMSA 1978, as enacted by Laws 1973, ch. 323, § 10, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-24 - Repealed.

History:
1953 Comp., § 60-6-14.1, enacted by Laws 1973, ch. 323, § 11; 1988, ch. 29, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-24 NMSA 1978, as enacted by Laws 1973, ch. 323, § 11, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-25 - Repealed.

History:
1978 Comp., § 60-1-25, enacted by Laws 1991, ch. 195, § 6; 1999, ch. 45, § 1; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-25 NMSA 1978, as enacted by Laws 1991, ch. 195, § 6, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-25.1 - Repealed.

History:
Laws 1991, ch. 195, § 4; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-25.1 NMSA 1978, as enacted by Laws 1991, ch. 195, § 4, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1 - Horse Racing (Repealed.) › Section 60-1-26 - Repealed.

History:
1978 Comp., § 60-1-2.1, enacted by Laws 1987, ch. 333, § 3; 1993, ch. 83, § 2; 1993, ch. 300, § 4; 2000, ch. 4, § 5; 2005, ch. 208, § 3; repealed by Laws 2007, ch. 39, § 34.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 39, § 34, repealed 60-1-26 NMSA 1978, as enacted by Laws 1987, ch. 333, § 3, relating to the Horse Racing Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 60, Article 1A NMSA 1978 may be cited as the "Horse Racing Act".
History:
Laws 2007, ch. 39, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 39, § 34, repealed the former Horse Racing Act, § 60-1-23 NMSA 1978, and enacted a new Horse Racing Act, effective July 1, 2007. For provisions of prior law,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
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-3 - Commission created; appointment of members; terms of office. (Repealed effective July 1, 2028.)

A. The "state racing commission" is created and is administratively attached to the tourism department.
B. The commission shall consist of five members, no more than three of whom shall be members of the same political party. The commission members shall be appointed by the governor and be confirmed by the senate. All members of the commission shall hold at-large positions on the commission.
C. At least three of the members of the commission shall be practical breeders of racehorses within New Mexico.
D. A commission member shall have primary residence in New Mexico and shall be of high character and reputation so that public confidence in the administration of horse racing is maintained.
E. The term of each member of the commission shall be six years from the date of the member's appointment. The member shall serve until a successor is appointed. In the case of a vacancy in the membership of the commission, the governor shall fill the vacancy by appointment for the unexpired term.
F. A person shall not be eligible for appointment as a member of the commission who is an officer, official or director in a corporation conducting horse racing within the state.
G. Members of the commission shall receive no salary, but each member of the commission shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
H. The commission may appoint an executive director and establish the executive director's duties and compensation.
History:
Laws 2007, ch. 39, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Cross references.
— For continuation of terms of commissions,
see
60-1A-30 NMSA 1978.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-6 - Classification of racetrack licenses. (Repealed effective July 1, 2028.)

A. A license to conduct a race meet in New Mexico shall be classified as either a class A or class B license, determined by the commission as follows:
(1) a class A racetrack license shall be issued to a racetrack licensee who received from all race meets in the preceding calendar year a gross amount wagered through the pari-mutuel system of ten million dollars ($10,000,000) or more; and
(2) a class B racetrack license shall be issued to a racetrack licensee who received from all race meets in the preceding calendar year a gross amount wagered through the pari-mutuel system of less than ten million dollars ($10,000,000).
B. A new racetrack license to conduct a race meet in New Mexico shall be given a classification by the commission based on an estimate of the anticipated gross amounts projected to be received by the new racetrack licensee from all pari-mutuel wagering in the racetrack licensee's first full calendar year of racing. After the racetrack licensee's first full calendar year of racing, the commission shall review the classification and change it if necessary.
C. Each class of license is subject to all provisions of the Horse Racing Act, except as otherwise provided in that act. The commission shall adopt and promulgate rules necessary to provide for license classification.
History:
Laws 2007, ch. 39, § 6.
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-7 - All license applications; background investigations; rules. (Repealed effective July 1, 2028.)

A. A person applying for a license pursuant to the Horse Racing Act shall submit to a background investigation to be conducted by the board. The commission and the board shall adopt rules to coordinate the manner in which the background investigations are conducted. The rules shall at minimum require that:
(1) an applicant for a license shall submit two fingerprint cards to the commission, with one card to be submitted to the board for a statewide check and the other card to be submitted to the federal bureau of investigation for a nationwide check;
(2) arrest record information from a law enforcement agency or the federal bureau of investigation and information obtained as a result of the background investigation conducted by the board is privileged and shall not be disclosed to persons not directly involved in the decision affecting the specific applicant;
(3) an applicant shall provide all of the information required by the commission; and
(4) the cost of the background investigation shall be paid by the applicant.
B. An applicant for a license who is denied the license by the commission shall have an opportunity to inspect and challenge the validity of the record on which the denial of the license was based.
History:
Laws 2007, ch. 39, § 7; 2019, ch. 209, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section, see 60-1A-29 NMSA 1978.
The 2019 amendment,
effective July 1, 2020, removed the requirement of submitting fingerprint cards upon license renewal; and in Subsection A, Paragraph A(1), after "applicant for license", deleted "or license renewal".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-9 - Secondary licenses; applications; specific requirements. (Repealed effective July 1, 2028.)

A. A person who is actively and directly engaged in the administration of a horse racetrack, whether in a financial, administrative, policymaking or supervisory capacity, shall hold a secondary license issued by the commission.
B. An application for a secondary license shall be submitted in writing on forms designated by the commission. An applicant shall affirm that information contained in the application is true and accurate. The application shall be signed by the applicant or the applicant's agent, and the signature shall be notarized.
C. If an applicant for a racetrack license is a corporation, all officers, directors, lenders or holders of evidence of indebtedness of the corporation and all persons who participate in any manner in a financial, administrative, policymaking or supervisory capacity are required to hold a secondary license issued by the commission.
D. A person who owns or holds, directly, indirectly or beneficially, ten percent or more of the total authorized, issued and outstanding shares of a corporation that is a racetrack licensee is required to hold a secondary license issued by the commission. If the commission finds that a person who owns or holds, directly, indirectly or beneficially, ten percent or more of the total authorized, issued and outstanding shares of a corporation that is a racetrack licensee is unqualified to be issued a secondary license, the commission shall give notice of its finding to the corporation and to the person owning or holding the interest. The ineligible person shall without delay offer the shares to the corporation for purchase. If the corporation does not elect to purchase the shares, the person owning or holding the interest may offer the interest to other purchasers, subject to prior approval of the purchasers by the commission.
E. A secondary license shall be valid for a period not to exceed three years. The commission may renew a secondary license upon expiration of the term of the license.
F. The fee for a secondary license issued pursuant to this section shall not exceed five hundred dollars ($500).
History:
Laws 2007, ch. 39, § 9.
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-10 - Occupational licenses; application; specific requirements. (Repealed effective July 1, 2028.)

A. A person required by the Horse Racing Act to have an occupational license shall apply for and may be issued an occupational license by the commission.
B. An application for an occupational license shall be submitted in writing on forms designated by the commission. An applicant shall affirm that information contained in the application is true and accurate. The application shall be signed by the applicant or the applicant's agent.
C. An occupational license shall be valid for a period not to exceed five years. The commission may renew an occupational license upon expiration of the term of the license.
D. The fee for an occupational license issued pursuant to this section shall not exceed one hundred dollars ($100).
History:
Laws 2007, ch. 39, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Authority to suspend trainer, regardless of guilty intent or knowledge.
— State racing commission had authority under this section to make rules imposing strict accountability upon trainer for the condition of a horse he enters in a race and requiring suspension if he enters a horse which is then shown by competent analysis to have any prohibited substances in its urine, saliva, blood or body, regardless of proof of guilty intent or knowledge on the part of the trainer.
Jamison v. State Racing Comm'n
, 1973-NMSC-028, 84 N.M. 679, 507 P.2d 426 (decided under former law).
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-12 - Stewards; powers; duties. (Repealed effective July 1, 2028.)

There shall be three stewards, licensed and employed by the commission, to supervise each horse race meet. One of the stewards shall be designated the presiding official steward of the race meet. Stewards, other than the presiding official steward, shall be employed subject to the approval of the racetrack licensee. All stewards shall be licensed or certified by a nationally recognized horse racing organization. Stewards shall exercise those powers and duties prescribed by commission rules. A decision or action of a steward may be reviewed or reconsidered by the commission.
History:
Laws 2007, ch. 39, § 12.
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-13 - Equine health and testing advisor; qualifications; duties. (Repealed effective July 1, 2028.)

The commission shall hire or contract with an equine health and testing advisor. An equine health and testing advisor shall be a doctor of veterinary medicine or shall hold a doctorate degree in chemistry or a related field and shall be knowledgeable and experienced in the techniques used for testing the specimens collected pursuant to Section 60-1A-14 NMSA 1978. The equine health and testing advisor shall exercise the duties prescribed by rules of the commission.
History:
Laws 2007, ch. 39, § 13; 2017, ch. 28, § 2; 2017, ch. 145, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Duplicate amendments.
— Laws 2017, ch. 28, § 2 and Laws 2017, ch. 145, § 2, both effective July 1, 2017, enacted identical amendments to this section. The section is set out as amended by Laws 2017, ch. 28, § 2.
See
compiler's note below.
Compiler's notes.
— Laws 2017, ch. 28, § 2, 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, § 2.
The 2017 amendment,
effective July 1, 2017, required the state racing commission to hire or contract with an equine health and testing advisor, and removed the provision requiring the commission to designate an official chemist; in the catchline, deleted "Official chemist" and added "Equine health and testing advisor"; after "The commission shall", deleted "designate at least one official chemist" and added "hire or contract with an equine health and testing advisor", after "An", deleted "official chemist" and added "equine health and testing advisor", after "shall", added "be a doctor of veterinary medicine or shall", after "techniques used for testing the", deleted "blood, urine and saliva of horses for drugs, chemicals, stimulants, depressants or other foreign substances not naturally occurring in a horse. The official chemist may be an employee of a private laboratory located in New Mexico or an employee of an agency of New Mexico" and added "specimens collected pursuant to Section 60-1A-14 NMSA 1978", and after "The", deleted "official chemist" and added "equine health and testing advisor".
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-15 - Pari-mutuel wagering authorized; gambling statutes do not apply. (Repealed effective July 1, 2028.)

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.
C. The sale to patrons 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 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.
History:
Laws 2007, ch. 39, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.
Section legalizes pari-mutuel betting under fixed conditions
and declares that it shall not be construed as gambling.
Patton v. Fortuna Corp.
, 1960-NMSC-136, 68 N.M. 40, 357 P.2d 1090 (decided under former law).
Unjust enrichment rule overridden by public policy against gambling.
— The public policy of New Mexico is to restrain and discourage gambling and must override the rule which prevents unjust enrichment, particularly where there is a choice between that which is considered to be for the benefit of the public at large as distinguished from any benefit to an individual litigant.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922 (decided under former law).
One not physically present at track not considered patron.
— It was the intention of the legislature to exempt pari-mutuel betting from the general provisions of the gambling laws only when done by patrons who are physically present at the track and one who is not personally present at the track is not a patron thereof and does not come within the pari-mutuel exemption.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling § 58.
Pari-mutuel and similar betting methods on race as game of change or gambling, 52 A.L.R. 74.
Constitutionality of statute which affirmatively permits pari-mutuel method of wagering at race tracks, 85 A.L.R. 622.
Statutes permitting specified forms of betting, construction and application of, 117 A.L.R. 828.
Winner's rights and remedies in respect of pari-mutuel and similar legalized betting systems, 165 A.L.R. 838.
Validity, construction, and application of statute or ordinance prohibiting or regulating use of messenger services to place wagers in pari-mutuel pool, 78 A.L.R.4th 483.
38 C.J.S. Gaming § 28.
2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 1A - Horse Racing Act › Section 60-1A-16 - Simulcasting. (Repealed effective July 1, 2028.)

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 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.
History:
Laws 2007, ch. 39, § 16.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
60-1A-29 NMSA 1978.