New
Mexico Register / Volume XXXV, Issue 7 / April 9, 2024
This is an amendment to 15.2.2 NMAC, Section 8, effective 4/9/2024.
15.2.2.8 ASSOCIATIONS:
A. General duty:
(1) An association, its officers, directors, officials
and employees shall abide by and enforce the Horse Racing Act and the rules and
orders of the commission and stewards.
(2) An association may request an exemption from a requirement in this
chapter to utilize new technology or innovative construction or design of the
racetrack facilities. The commission may
grant an exemption if the commission determines that: the association's
proposal substantially satisfies the purpose of the requirement; the exemption
is in the best interests of the race horses, the racing industry
and the citizens of this jurisdiction.
B. Financial requirements: insurer of
the race meeting:
(1) Approval of a race meeting by the
commission does not establish the commission as the insurer or guarantor of the
safety or physical condition of the association's facilities or purse of any
race.
(2) An association shall agree to
indemnify, save and hold harmless the commission from
any liability, if any, arising from unsafe conditions of association grounds
and default in payment of purses.
(3) An association shall provide the
commission with a certificate of liability insurance as required by the
commission.
(4) An association shall maintain one or
more trust accounts in financial institutions insured by the FDIC or other
federal government agency for the deposit of nominations and futurity monies
and those amounts deducted from the pari mutuel
handle for distribution to persons other than the association according to the
Horse Racing Act and commission rules.
An association may invest nominations and futurities monies paid by
owners in a U.S. treasury bill or other appropriate U.S. Government financial
instrument instead of an account in a financial institution, in which case the
provisions of this rule shall apply to such instrument.
(5) An association shall keep its
operating funds and other funds that belong exclusively to the association
separate and apart from the funds in its trust accounts and from other funds or
accounts it maintains for persons other than itself, such as a horsemen's book
account.
(6) An association shall employ proper
accounting procedures to insure accurate allocation of
funds to the respective purses, parties and organizations and detailed records
of such accounts shall be made available to the commission or its staff on
demand in connection with any commission audit or investigation.
(7) An association shall insure that
sufficient funds for the payment of all purses on any race day are on deposit
in a trust account at least two business days before the race day and shall
provide the commission with documentation of such deposits prior to the race
day. Exceptions to this subsection may
be made by the commission or the agency director for good cause shown.
(8) An association shall add all interest
accrued on funds in a trust account to the balance in the account and
distribute the interest to those for whom the funds are held with
the exception of administrative costs pursuant to Subsection E of
Section 60-2E-47 NMSA.
(9) An association and its managing
officers are jointly and severally responsible to ensure that the amounts
retained from the pari mutuel handle are distributed
according to the Horse Racing Act and commission rules and not otherwise.
(10) An
association and its managing officers shall ensure that all purse monies, disbursements and appropriate nomination race monies are
available to make timely distribution in accordance with the Horse Racing Act,
commission rules, association rules and race conditions.
(11) An
association is authorized to offset a portion of the jockey and exercise rider
insurance premium from gaming monies subject to the approval of the commission.
(12) An association shall insure that funds
for the payment of the ten percent track breeder’s awards on New Mexico bred winners, that have been requested by the New Mexico
horse breeders’ association and whose purses have been cleared by the New
Mexico racing commission, will be sent via wire transfer to the designated bank
account set up for that purpose within five business days after the request.
C. Bond requirements:
(1) An association shall file with the
commission a bond or other security payable to the New Mexico racing commission
in an amount determined by the commission for pari
mutuel racing and in either case not more than the financial liability of the
association license throughout the race meeting for which the association
license is requested.
(2) The bond shall be executed by the
applicant and a surety company or companies authorized
to do business in this jurisdiction, and conditioned upon the payment by the
association licensee of all taxes and other monies due and payable pursuant to
statutory provisions and all monies due from horsemen's accounts and payable,
presentation of winning tickets, the licensee will distribute all sums due to
the patrons of pari mutuel pools.
(3) The financial liabilities incurred by
the association licensee in the form of real estate mortgages shall not be
included in the determination of the bond amount.
D. Financial reports:
(1) The
commission may require periodic audits to determine that the association has funds
available to meet those distributions for the purposes required by the Horse
Racing Act, commission rules, the conditions and nomination race program of the
race meeting and the obligations incurred in the daily operation of the race
meeting.
(2) An
association shall file a copy of all tax returns, a balance sheet and a profit
and loss statement.
(3) An
association shall file with the commission an unaudited balance sheet and
profit and loss statement as required by the commission. Those submissions must be in a format, which
conforms to the requirements set out in the association license application.
(4) An
association shall file an annual audit with the commission within 90 days after
the association's fiscal year-end. The
commission, upon good cause shown, may extend the time for filing.
E. Facilities and equipment: facilities for patrons and
licensees:
(1) An association
shall ensure that the public areas of the association grounds are designed and
maintained for the comfort and safety of the patrons and licensees and are
accessible to all persons with disabilities as required by federal law.
(2) An association shall provide and
maintain adequate restroom facilities for the patrons and licensees.
(3) An association shall provide an
adequate supply of free drinking water.
(4) An association shall maintain all
facilities on association grounds to ensure the safety and
cleanliness of the facilities at all times.
(5) During a race performance, the
association shall provide a first aid room equipped with at least two beds and
other appropriate equipment; the services of at least one physician, nurse practitioner or certified emergency
medical technician.
(6) An association shall provide two
properly equipped ambulances, ready for immediate duty and equipped for
transport at any time the racetrack is open for racing or [exercising]
training hours. [The] Each
ambulance shall be staffed with one certified paramedic or an intermediate
emergency medical technician, [(as long as
physician is on the grounds)] nurse practitioner or physician assistant. The other staff will be certified EMTs. If the ambulance is being used to transport
an individual, the association may not conduct a race until a properly equipped
and staffed ambulance is in place, or a physician is on duty.
(7) Unless otherwise approved by the
commission or the stewards, an ambulance shall follow the field at a safe
distance during the running of races.
(8) The ambulance must be parked at an
entrance to the racing strip except when the ambulance is being used to
transport an individual or when it is following the field during the running of
a race.
(9) An association shall provide adequate
office space for the use of the stewards and other commission personnel as
required by the commission. The location
and size of the office space, furnishings and equipment required under this
section must be approved by the commission.
An association shall provide [a designated steward read only]
the board of stewards, state investigator and official veterinarian
access to the [incompass rto] Incompass RTO system as prescribed by the racing office as well as
e-mail notification for all entry clerk overrides for horses on stewards’,
veterinarian’s, paddock judge’s, bleeders’ and starter’s lists.
(10) An association shall promptly post commission notices in places that
can be easily viewed by patrons and licensees.
(11) An association shall ensure that all
concessions provide prompt and efficient service to the public at all race meets or simulcast performances. The associations shall specifically ensure
that concessions have adequate staff and inventory to provide prompt and
efficient service to the public.
F. Officials'
Stands: An association shall provide adequate stands for officials
to have a clear view of the racetrack.
The location and design of the stands must be approved by the
commission.
G. Audio and visual equipment:
(1) An association shall provide and
maintain in good working order a communication system between the: stewards' stand; racing office; tote room;
jockeys' room; paddock; test barn; starting gate; weigh in scale; video camera
locations; clocker's stand; racing veterinarian; track announcer; location of
the ambulances (equine and human); other locations and persons designated by
the commission.
(2) An association shall provide and
maintain a public address system capable of clearly transmitting announcements
to the patrons and to the stable area.
(3) An association shall provide two
electronic [photofinish] photo finish
devices with mirror image to photograph the finish of each race and record the
time of each horse in at least hundredths of a second. The location and operation of the [photofinish] photo finish devices must be
approved by the commission before its first use in a race. The association shall promptly post a
photograph of each [photofinish] photo
finish for win, place or show in an area accessible to the public. The association shall ensure that the [photofinish] photo finish devices are
calibrated before the first day of each race meeting and at other times as
required by the commission. On request
by the commission, the association shall provide, without cost, a print from a
negative of a [photofinish] photo finish
to the commission. [Photofinish]
Photo finish [negatives] prints of each race shall be
maintained by the association for not less than six months after the end of the
race meeting, or such other period as may be requested by the stewards or the
commission.
(4) An association shall provide a
videotaping system approved by the commission.
Cameras must be located to provide clear panoramic and head-on views of
each race. Separate monitors, which
simultaneously display the images received from each camera and are capable of
simultaneously displaying a synchronized view of the recordings of each race
for review shall be provided in the stewards' stand. The location and construction of video towers
must be approved by the commission.
(5) A camera and a timer, designated by
the commission, shall be at the starting gate and shall videotape and show to
the public the pre-race loading of all horses into the starting gate and shall
continue to videotape them until the field is dispatched by the starter.
(6) One camera, designated by the
commission, shall videotape the apparent winner of each race from the finish
line until the horse has returned, the jockey has dismounted
and the equipment has been removed from the horse.
(7) The stewards may, at their
discretion, direct the video camera operators to videotape the activities of
any horses or persons handling horses prior to, during or following a race.
(8) Races run on an oval track must be
recorded by at least three video cameras.
Races run on a straight course must be recorded by at least two video
cameras.
(9) An association shall, upon request,
provide to the commission, without cost, a copy of a videotape of a race.
(10) Videotapes recorded prior to, during
and following each race shall be maintained by the association for not less
than six months after the end of the race meeting, or such other period as may
be requested by the stewards or the commission.
(11) An association shall provide a viewing
room in which, on approval by the stewards, an owner, trainer, jockey or other interested individual may view a videotape
recording of a race.
(12) [Following] In any race in
which there is an inquiry or objection, the association shall display to the
public on designated monitors the videotaped [replays of the] incident
in question [which were utilized by] at the time the stewards [in]
are making their decision.
H. Racetrack:
(1) The surface of a racetrack, including
the cushion, subsurface and base, must be designed, constructed
and maintained to provide for the safety of the jockeys and horses.
(2) Prior to the first race meeting at an
association racetrack, a licensed surveyor shall provide to the commission a
certified report of the grade and measurement of the distances to be run.
(3) Distances to be run shall be measured
from the starting line at a distance three feet out from the inside rail. The
association shall provide the commission with a soil analysis report conducted
by an independent and qualified individual or entity, approved by the
commission or its agent, within two weeks prior to the start of live racing. The commission shall have the discretion to
require the associations provide additional soil analysis reports upon request.
(4) The surveyor's report must be
approved by the commission prior to the first race day of the meeting.
(5) An association shall provide an
adequate drainage system for the racetrack.
(6) An association shall provide adequate
equipment and personnel to maintain the track surface in a safe training and
racing condition. The association shall
provide back-up equipment for maintaining the track surface.
(7) An association that conducts races on
a turf track shall maintain an adequate stockpile of growing medium; provide a
system capable of adequately watering the entire turf course evenly.
(8) Any horse that suffers a training or
race related injury shall not leave the association grounds until it has been
properly documented and inspected by a state investigator or any commission
appointed designee.
I. Rails:
(1) Racetracks, including turf tracks,
shall provide inside and outside rails, including gap rails, designed
constructed and maintained to provide for the safety of jockeys and
horses. The design and construction of
rails must be approved by the commission prior to the first race meeting at the
track.
(2) The top of the rail must be at least
38 inches but not more than 42 inches above the top of the cushion. The inside rail shall be no less than a
24-inch overhang with a continuous smooth cover.
(3) All rails must be constructed of
materials designed to withstand the impact of a horse running at a gallop.
J. Starting gates:
(1) During racing hours, an association
shall provide at least two operable padded starting gates, which have been
approved by the commission.
(2) An association shall make at least
one starting gate and qualified starting gate personnel available for schooling
during designated training hours.
(3) If a race is started at a place other
than in a chute, the association shall provide and maintain in good operating
condition backup equipment for moving the starting gate. The backup equipment must be immediately available
to replace the primary moving equipment in the event of failure.
K. Distance markers:
(1) An association shall provide starting
point markers and distance poles in a size and position that is clearly seen
from the stewards' stand.
(2) The starting point markers and
distance poles must be marked as follows:
1/4 poles |
Red and white horizontal stripes |
1/8 poles |
Green and white horizontal stripes |
1/16 poles |
Black and white horizontal stripes |
220 yards |
Green and white |
250 yards |
Blue |
300 yards |
Yellow |
330 yards |
Black and white |
350 yards |
Red |
400 yards |
Black |
440 yards |
Red and white |
550 yards |
Black and white horizontal stripes |
660 yards |
Green and white horizontal stripes |
770 yards |
Black and white horizontal stripes |
870 yards |
Blue and white horizontal stripes |
L. Lighting:
(1) An association shall provide lighting
for the racetrack and the patron facilities that are adequate to ensure the
safety and security of the patrons, licensees and
horses. Lighting to ensure the proper
operation of the videotape and [photofinish] photo
finish equipment must be approved by the commission.
(2) An association shall provide adequate
additional lighting in the stable area as required by the commission.
(3) If an association conducts racing at
night, the association shall maintain a back-up lighting system that is
sufficient to ensure the safety of race participants and patrons.
M. Equine ambulance:
(1) An association shall provide a
minimum of two properly equipped ambulances staffed by trained personnel on
association grounds on each day that the racetrack is open for racing or
training.
(2) The ambulances must be properly
ventilated and kept at an entrance to the racing strip when not in use.
(3) The ambulances must be a covered
vehicle that is low to the ground and large enough to accommodate a horse in
distress. The ambulances must be able to
navigate on the racetrack during all weather conditions; transport a horse off
the association grounds.
(4) The ambulances must be equipped with
large, portable screens to shield a horse from public view; ramps to facilitate
loading a horse; adequate means of loading a horse that is down; a rear door
and a door on each side; a padded interior; a movable partition to initially
provide more room to load a horse and to later restrict a horse's movement; a
shielded area for the person who is attending to the horse; an adequate area
for the storage of water and veterinary drugs and equipment.
(5) An association may not conduct a race
unless a minimum of one equine ambulance or an official veterinarian-approved
substitute is readily available.
(6) The properly equipped equine
ambulances, its supplies and attendants and the operating procedures for the
properly equipped ambulances must be approved by the official veterinarian.
N. Barns:
(1) An association shall
provide barns containing a sufficient number of stalls
to accommodate all horses approved to race and all other horses approved to be
on the grounds. The association's stable
area configuration and facilities must be approved by the commission.
(2) An association shall ensure that the
barns are kept clean and in good repair.
Each barn, including the receiving barn, must have a water supply
available, be well-ventilated, have proper drainage and be constructed to be
comfortable in all seasons.
(3) An association shall ensure that each
horse is stabled in an individual box stall with minimum dimensions of 10 feet
by 10 feet.
(4) An association shall provide an
adequate area for the placement of manure removed from the stalls. All manure must be removed from the stable
area daily. The association shall ensure
that refuse from the stalls and other refuse is kept separate.
(5) For
new barn construction, an association shall comply with the commission’s
minimum barn requirements:
(a) Two
wash racks per 24 stalls with drains a minimum of 8 feet by 10 feet.
(b) One
cold water faucet within 48 inches of all stalls.
(c) Dimensions
of stalls are 12 feet by 12 feet, with a slanted to minimum of 10 foot roof at
all points and 8 foot walls.
(d) One
room 10 feet by 12 feet per eight stalls.
(e) Twelve
shed rows.
(f) Twelve
foot ends.
(g) Building
material must be one hundred percent fire retardant and 26 gauge metal covered
composite.
(h) Two
110 electrical outlets per four stalls placed a minimum six foot height
centered at four foot.
(i) Overhead lighting down shedrow so as to illuminate the
stalls and shedrow.
O. Test barn:
(1) An association shall
provide a test barn for taking specimens of urine, blood or other bodily
substances or tissues for testing.
(2) The test barn must be
equipped with a walk ring that is large enough to accommodate 10 horses; at
least three enclosed stalls that permit observation of the collection process
and provide for the protection of collection personnel; facilities and equipment
for the collection, identification and storage of samples; a wash rack that is
large enough to accommodate three horses at the same time; hot and cold running
water; clean water buckets supplied by the trainer for each horse.
(3) An association shall limit
access to the test barn to persons, authorized by the official veterinarian,
for the conduct of commission authorized tasks such as practicing veterinarians
in the performance of their obligations, employees of the official veterinarian,
commissioners and their designees. In addition, no more than two persons
representing the stable of a horse required to be tested may accompany that
horse into the test barn. All persons entering
the test barn must wear a valid license in plain view. All entrances shall be locked or guarded at all times.
P. Isolation area:
(1) By January 1, 2017, an
association shall provide a minimum eight stall, perimeter fenced isolation
facility for the care and treatment of a horse that is ordered isolated by the
racing veterinarian or the official veterinarian.
(2) The isolation facility
must be approved by the official veterinarian.
Q. Operations: security:
(1) An association conducting a race
meeting shall maintain security controls over its premises. Security controls are subject to the approval
of the commission.
(2) An association shall establish a
system or method of issuing credentials or passes to restrict access to its
restricted areas or to ensure that all participants at its race meeting are
licensed as required by these rules.
(3) An association shall prevent access
to and shall remove or cause to be removed from its restricted areas any person
who is unlicensed, or who has not been issued a visitor's pass or other
identifying credential, or whose presence in such restricted area is
unauthorized.
(4) Unless otherwise authorized by the
commission, an association shall provide continuous security in the stable area
during all times that horses are stabled on the grounds. An association shall require any person entering
the stable area to display valid credentials issued by the commission or a
visitor's pass issued by the association (See Paragraph (1) of Subsection R of
16.47.1 NMAC). An association shall
provide security fencing around the stable area in a manner that is approved by
the commission.
(5) On request by the commission, an
association shall provide a list of the security personnel, including the name,
qualifications, training, duties, duty station and area supervised by each
employee.
(6) Each day, the chief of security for
an association shall deliver a written report to the stewards regarding
occurrences on association grounds on the previous day. Not later than 24 hours after an incident
occurs requiring the attention of security personnel, the chief of security
shall deliver to the stewards a written report describing the incident. The report must include the name of each individual involved in the incident, the circumstances
of the incident and any recommended charges against each individual involved.
R. Fire prevention:
(1) An association shall develop and
implement a program for fire prevention on association grounds. An association shall instruct employees
working on association grounds of the procedures for fire prevention.
(2) Not later than three days before the
first day of a race meeting, an association shall deliver to the commission a
copy of the state or local fire marshal's certification regarding the
association's compliance with fire safety regulations or the fire marshal's
plan of corrections. The certification
or plan must be based on an inspection of the association grounds conducted by
the fire marshal not more than 30 days before the first day of a race meeting.
(3) No person shall:
(a) smoke
in stalls, feed rooms or under [shed row] shedrow;
(b) burn
open fires or oil and gas lamps in the stable area;
(c) use
or leave unattended, any electrical appliance that is plugged-in to an
electrical outlet, that is not in safe working order and does not meet the
manufacturer’s recommendations;
(d) use
extension cords that are not approved to meet OSHA standards, nor should
extension cords be fastened with staples, hung from nails
or suspended by wire;
(e) use
worn, cracked, frayed or otherwise damaged electric
cords or cables;
(f) permit
horses to come within reach of electrical outlets or cords;
(g) store
flammable materials such as cleaning fluids or solvents in the stable area; or
(h) lock
a stall which is occupied by a horse.
(4) An association shall post a notice in
the stable area which lists the prohibitions outlined in Paragraph (3) of
Subsection R of 15.2.2 NMAC above.
S. Insect
and rodent control: An association and the licensees occupying the
association's barn area shall cooperate in procedures to control insects,
rodents or other hazards to horses or licensees.
T. Performances:
(1) The hours of racing, the number of
races per race day and the post time for the first race of each race day are
subject to the approval of the commission.
(2) An association shall
deliver to the commission for approval a copy of the proposed stakes schedule,
proposed purse schedule and first condition book for a race meeting at least 60
days before the first day of the race meeting.
Following commission approval, any changes to the purse or stakes
schedules, or condition book must be approved by the commission. The association shall deliver to the commission,
upon publication, a copy of each subsequent condition book.
U. Complaints:
(1) An association shall
designate a location and provide personnel who shall be readily available to
the public to provide information or receive complaints.
(2) An association shall
promptly notify the commission of a complaint regarding an alleged violation of
the Horse Racing Act or a rule of the commission; an alleged violation of
ordinances or statutes; accidents or injuries; unsafe or unsanitary conditions for
patrons, licensees or horses.
V. Ejection
and exclusion:
(1) An association shall immediately
eject from the association grounds a person who is subject to such an exclusion
order of the commission or stewards and notify the commission of the ejection.
(2) An association may eject or exclude a
person for any lawful reason. An
association shall immediately notify the stewards and the commission in writing
of any person ejected or excluded by the association and the reasons for the
ejection or exclusion.
W. Stakes
and escrow requirements:
(1) The association shall provide the
commission with a copy of written race conditions for stakes races prior to
distribution and a copy of the job description of the nomination secretary
assigned to the stakes races program.
[The job description shall be acknowledged and signed by the nomination
secretary and filed with the commission.]
(2) The original race conditions
nomination blank for stakes races shall be considered a binding contract
between the association or sponsor and the nominator. [The approved nomination blank must be signed
by the nominator and filed with the association.] The nomination blank must contain all
conditions under which fees are due and payable; the race will be conducted,
providing for trials or divisions, if any; supplemental purses are added;
monies will be retained by the association for advertisement, administration and commissions; terms or conditions which
refunds, if any, will be made; and all other conditions pertaining thereto.
(3) Unless otherwise approved by the
commission, prior to the closing of nominations, the association shall file
with the commission a copy of escrow provisions made by the association or
sponsor with the horsemen's bookkeeper or other person(s) authorized to receive
payments on behalf of the nominators utilizing a federally insured financial
institution to maintain the escrow account for all payments made to the stakes
race. Any added or supplemental purse
monies advertised or otherwise stated in the written race conditions shall be
deposited in the escrow account no later than the deadline date for the first
eligibility payment for that stakes race, unless otherwise approved by the
commission.
(4) If the deadline for a nomination
payment falls on a Saturday, Sunday, or legal holiday, the period is extended
to include the next day that is not a Saturday, Sunday, or legal holiday.
(5) Within 30 days after each eligibility
or payment date, and the date horses pass the entry box, the association shall
provide a copy of the escrow report to the commission. The escrow report shall include the financial
institution representative; the names and nominators; the total number of
entries; the names of horses remaining eligible; an itemization of the amount
of payments and added money received including totals; the amount of interest
accrued to date; the name(s) of the person(s) currently authorized to make
withdrawals; the amount and date of each withdrawal, if any; each deduction
from monies received (e.g. uncollected checks, advertising, administrative and
commissions costs); and the stated reason for each withdrawal or deduction. Notice of not less than two persons, whose
signatures are required for a withdrawal, shall be filed with the commission.
(6) In all cases the association shall be
responsible for the payment of purse monies for any stakes race conducted at
its licensed facility.
X. Emergency track
warning system: All tracks,
including training tracks, under the jurisdiction of the commission shall
install an emergency track warning system approved by the commission with the
controls located in the stewards’ and clockers’ stands on all racing and
training tracks.
[15.2.2.8 NMAC - Rp, 15 NMAC 2.2.8, 3/15/2001; A, 8/30/2001; A, 11/14/2002;
A, 8/30/2007; A, 1/1/2013; A, 6/1/2016; A, 12/16/2016; A, 9/26/2018; A,
4/20/2021; A, 5/24/2022; A, 4/9/2024]