FORTY-EIGHTH LEGISLATUREHB 664/a
FIRST SESSION, 2007
March 2, 2007
Madam President:
Your CORPORATIONS AND TRANSPORTATION COMMITTEE, to whom has been referred
HOUSE BILL 664, as amended
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. On page 1, line 14, after "INVESTIGATIONS" insert "WITH THE GAMING CONTROL BOARD".
2. On page 1, line 16, after "1978" insert "; DECLARING AN EMERGENCY"
3. On page 55, between lines 17 and 18, insert the following new sections:
"Section 31. Section 60-2E-14 NMSA 1978 (being Laws 1997, Chapter 190, Section 16, as amended) is amended to read:
"60-2E-14. LICENSURE--APPLICATION.--
A. The board shall establish and issue the following categories of licenses:
(1) manufacturer;
(2) distributor;
(3) gaming operator; and
(4) gaming machine.
B. The board shall issue certifications of findings of suitability for key executives and other persons for whom certification is required.
C. The board shall issue work permits for gaming employees.
D. A licensee shall not be issued more than one type of license, but this provision does not prohibit a licensee from owning, leasing, acquiring or having in [his] the licensee's possession licensed gaming machines if that activity is otherwise allowed by the provisions of the Gaming Control Act. A licensee shall not own a majority interest in, manage or otherwise control a holder of another type of license issued pursuant to the provisions of that act.
E. [Applicants] An applicant for a license, a certification of finding of suitability or a work permit shall apply on forms provided by the board and shall furnish to the board two sets of fingerprint cards and all other information requested by the board. Submission of an application constitutes consent to a national criminal background check of the applicant, a credit check of the applicant and all persons having a substantial interest in the applicant and any other background investigations required pursuant to the Gaming Control Act or deemed necessary by the board. The board may obtain from the taxation and revenue department copies of tax returns filed by or on behalf of the applicant or its affiliates and information concerning liens imposed on the applicant or its affiliates by the taxation and revenue department.
F. All licenses issued by the board pursuant to the provisions of this section shall be reviewed for renewal annually unless revoked, suspended, canceled or terminated.
G. A license shall not be transferred or assigned.
H. The application for a license shall include:
(1) the name of the applicant;
(2) the location of the proposed operation;
(3) the gaming devices to be operated, manufactured, distributed or serviced;
(4) the names of all persons having a direct or indirect interest in the business of the applicant and the nature of such interest; and
(5) such other information and details as the board may require.
I. The board shall furnish to the applicant supplemental forms that the applicant shall complete and file with the application. [Such] The supplemental forms shall require two sets of fingerprint cards and complete information and details with respect to the applicant's antecedents, habits, immediate family, character, state and federal criminal [record] records, business activities, financial affairs and business associates, covering at least a ten-year period immediately preceding the date of filing of the application.
J. In conducting a background investigation and preparing an investigative report on the applicant, the board's law enforcement officers may request and receive criminal history information from the federal bureau of investigation or any other law enforcement agency or organization. The board's law enforcement officers shall maintain confidentiality regarding information received from a law enforcement agency that may be imposed by the agency as a condition for providing the information to the board."
Section 32. Section 60-2E-16 NMSA 1978 (being Laws 1997, Chapter 190, Section 18) is amended to read:
"60-2E-16. ACTION BY BOARD ON APPLICATIONS.--
A. A person that the board determines is qualified to receive a license pursuant to the provisions of the Gaming Control Act may be issued a license. The burden of proving qualifications is on the applicant.
B. A license shall not be issued unless the board is satisfied that the applicant is:
(1) a person of good moral character, honesty and integrity;
(2) a person whose prior activities, state and federal criminal [record] records, reputation, habits and associations do not pose a threat to the public interest or to the effective regulation and control of gaming or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto; and
(3) in all other respects qualified to be licensed consistent with the laws of this state.
C. A license shall not be issued unless the applicant has satisfied the board that:
(1) the applicant has adequate business probity, competence and experience in business and gaming;
(2) the proposed financing of the applicant is adequate for the nature of the proposed license and from a suitable source; any lender or other source of money or credit that the board finds does not meet the standards set forth in Subsection B of this section shall be deemed unsuitable; and
(3) the applicant is sufficiently capitalized under standards set by the board to conduct the business covered by the license.
D. An application to receive a license, certification or work permit constitutes a request for a determination of the applicant's general moral character, integrity and ability to participate or engage in or be associated with gaming. Any written or oral statement made in the course of an official proceeding of the board or by a witness testifying under oath that is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
E. The board shall not issue a license or certification to an applicant who has been denied a license or certification in this state or another state, who has had a certification, permit or license issued pursuant to the gaming laws of a state or the United States permanently suspended or revoked for cause or who is currently under suspension or subject to any other limiting action in this state or another state involving gaming activities or licensure for gaming activities.
F. The board shall investigate the qualifications of each applicant before a license, certification or work permit is issued by the board and shall continue to observe and monitor the conduct of all licensees, work permit holders, persons certified as being suitable and the persons having a material involvement directly or indirectly with a licensee.
G. The board has the authority to deny an application or limit, condition, restrict, revoke or suspend a license, certification or permit for any cause.
H. After issuance, a license, certification or permit shall continue in effect upon proper payment of the initial and renewal fees, subject to the power of the board to revoke, suspend, condition or limit licenses, certifications and permits.
I. The board has full and absolute power and authority to deny an application for any cause it deems reasonable. If an application is denied, the board shall prepare and file its written decision on which its order denying the application is based."".
4. Renumber the succeeding sections accordingly.
5. On page 56, line 25, after "of" insert "Sections 1 through 30, 33 and 34 of".
6. On page 56, after line 25, insert:
"Section 36. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.".,
and thence referred to the JUDICIARY COMMITTEE.
Respectfully submitted,
__________________________________
Shannon Robinson, Chairman
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 5 For 0 Against
Yes: 5
No: 0
Excused: Boitano, Duran, Ingle, Taylor
Absent: None
HB0664CT1 .168626.2