0001| HOUSE BILL 57 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JAMES ROGER MADALENA | 0005| | 0006| | 0007| | 0008| FOR THE INDIAN AFFAIRS COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO GAMING; ESTABLISHING PROCEDURES FOR NEGOTIATION, | 0012| APPROVAL AND EXECUTION OF GAMING COMPACTS BETWEEN THE STATE AND | 0013| INDIAN TRIBES; DECLARING AN EMERGENCY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "Gaming Compact Act". | 0018| Section 2. DEFINITIONS.--As used in the Gaming Compact | 0019| Act: | 0020| A. "committee" means the joint legislative | 0021| committee on compacts created pursuant to Section 4 of the | 0022| Gaming Compact Act; | 0023| B. "compact" means a tribal-state gaming compact | 0024| entered into between a tribe and the state pursuant to IGRA and | 0025| includes an ancillary agreement or proposed ancillary agreement | 0001| related to that compact; | 0002| C. "gaming" means "class III gaming" as defined in | 0003| IGRA; | 0004| D. "IGRA" means the federal Indian Gaming | 0005| Regulatory Act (25 U.S.C.A. Sections 2701 et seq.); and | 0006| E. "tribe" means an Indian nation, tribe or pueblo | 0007| located in whole or in part within the state. | 0008| Section 3. COMPACTS--NEGOTIATION--SUBMISSION TO | 0009| LEGISLATURE BY GOVERNOR--APPROVAL OR REJECTION--ATTORNEY | 0010| GENERAL AS LEGAL COUNSEL--COMPACT PROVISIONS--REPORT OF | 0011| GOVERNOR TO LEGISLATURE.-- | 0012| A. A request by a tribe to negotiate a compact | 0013| shall be made by the governing authority of the tribe and shall | 0014| be submitted to the governor in writing. | 0015| B. The governor may designate a representative to | 0016| negotiate the terms of a compact. The designation shall be | 0017| written, and a copy of the designation shall be delivered or | 0018| mailed within three days of the designation to the attorney | 0019| general, the speaker of the house of representatives and the | 0020| president pro tempore of the senate. The governor or the | 0021| governor's designated representative is authorized to negotiate | 0022| the terms of a compact on behalf of the state, but neither the | 0023| representative nor the governor is authorized to execute a | 0024| compact on behalf of the state without legislative approval | 0025| granted pursuant to the provisions of this section. | 0001| C. A compact negotiated pursuant to this section | 0002| shall contain provisions requiring that: | 0003| (1) the minimum age for placing bets in any | 0004| gaming establishment be twenty-one years of age; | 0005| (2) free liquor and food not be dispensed in | 0006| the casino as incentives to game; | 0007| (3) cashing a federal social security or any | 0008| government assistance check be prohibited and that the | 0009| prohibition be strictly enforced; | 0010| (4) automated teller machines in close | 0011| proximity to a casino be restricted from taking government | 0012| assistance debit or similar government assistance cards; | 0013| (5) the minimum average payout for winnings be | 0014| equivalent to the average payout acceptable in Nevada casinos; | 0015| (6) each casino has an on-line, on-site | 0016| computer monitoring system for slot machines; | 0017| (7) compulsive gambler identification and | 0018| prevention programs be implemented by the casino; | 0019| (8) reasonable notice be provided to tribal | 0020| regulatory agencies for access by state gaming oversight | 0021| officials to casinos and casino business areas; | 0022| (9) the term of a compact be fifteen years | 0023| with automatic renewals at five-year intervals, subject to | 0024| renegotiation or modification; | 0025| (10) casino gaming operations be closed for | 0001| four hours per day on Monday through Thursday, with the | 0002| exception of holidays that fall on those weekdays; and | 0003| (11) an ancillary revenue sharing agreement be | 0004| negotiated in conjunction with the compact that provides | 0005| revenue to the state, in exchange for a limitation on expansion | 0006| of non-Indian gaming. | 0007| D. If a proposed compact is agreed upon through | 0008| negotiations, it shall be prepared and submitted by the | 0009| governor to the committee within five days of the conclusion of | 0010| negotiations. The governor shall include in his submittal | 0011| document his recommendation for approval of the proposed | 0012| compact and any comments about or analysis of its provisions. | 0013| Submittal of a proposed compact occurs when the compact and the | 0014| submittal document are received for the committee by the | 0015| legislative council service. | 0016| E. The committee shall review the proposed compact | 0017| and within twenty days after its receipt shall: | 0018| (1) by written report to the legislature | 0019| recommend approval of the compact as proposed; or | 0020| (2) by written transmittal document propose | 0021| specific modifications to the compact and request the governor | 0022| to resume negotiations with the tribe. | 0023| F. If the committee proposes specific modifications | 0024| to the proposed compact, the governor or his designated | 0025| representative shall resume negotiations with the tribe within | 0001| twenty days of receipt of the transmittal document unless | 0002| within that time period either the governor or the tribe | 0003| refuses to negotiate further, in which case the governor shall | 0004| notify the committee immediately. If negotiations are resumed, | 0005| the governor shall submit to the committee the modified | 0006| proposed compact agreed to by the governor and the tribe, | 0007| together with any additional analysis or recommendations. The | 0008| approval process described in this section for the originally | 0009| submitted proposed compact shall be followed for consideration | 0010| of a proposed modified compact, except that the time limitation | 0011| for review by the committee specified in Subsection D of this | 0012| section is reduced to ten days. | 0013| G. Within five days of being notified that further | 0014| negotiations are refused, the committee shall reconsider the | 0015| proposed compact together with any changes agreed upon by the | 0016| negotiating parties and submit to the legislature a written | 0017| recommendation to approve the compact or a written statement | 0018| expressing no recommendation on the action that should be taken | 0019| by the legislature. | 0020| H. The committee may return suggested modifications | 0021| of a compact to the governor and the tribes for renegotiation | 0022| no more than three times. After the third submittal for | 0023| renegotiation, the committee shall submit a report in writing | 0024| to the legislature making a recommendation to approve the | 0025| compact or making no recommendation. The procedure for | 0001| legislative review and approval remains the same as set forth | 0002| in other subsections of this section. | 0003| I. If the legislature is in session when the | 0004| committee submits its recommendation, the committee within five | 0005| days of the date the written recommendation is submitted shall | 0006| prepare and introduce in each house a resolution approving the | 0007| compact. A single resolution in each house may cover more than | 0008| one compact if the terms of the compacts are identical except | 0009| for the name of the tribe and the name of the person executing | 0010| the compact on behalf of the tribe. A copy of the written | 0011| recommendation shall be submitted with the resolution. If a | 0012| majority of the qualified members of each house votes to adopt | 0013| the resolution, the compact is approved by the legislature, and | 0014| the governor shall execute it on behalf of the state. | 0015| J. If the legislature is not in session when the | 0016| recommendation of the committee is submitted, the committee | 0017| shall proceed pursuant to the provisions of Subsection I of | 0018| this section by no later than the third day after the | 0019| legislature convenes in a regular session, if within ninety | 0020| days of the submittal, or in a special session that the | 0021| governor shall call for the purpose of considering a compact if | 0022| more than ninety days remain before the first day of a regular | 0023| session following the submittal. | 0024| K. The legislature may not amend or modify a | 0025| resolution submitted to it pursuant to the provisions of this | 0001| section, and it may not refer the resolution to a committee. | 0002| L. The attorney general shall be legal counsel for | 0003| the governor or the governor's representative in compact | 0004| negotiations. | 0005| M. A compact negotiated pursuant to the provisions | 0006| of this section shall contain a provision recognizing the right | 0007| of each party to the compact to request that the compact be | 0008| amended or renegotiated, including the right of the legislature | 0009| by resolution to request that the compact be amended or | 0010| renegotiated. This provision shall state that each party has | 0011| an obligation to negotiate in good faith if a request is made. | 0012| Proposed amendments to or renegotiation of a compact shall | 0013| follow the same procedures as specified in this section for | 0014| initial negotiation of a compact. Any amendment to a compact | 0015| or renegotiated compact agreed to shall be submitted for | 0016| legislative approval in the same manner as specified in | 0017| Subsection I of this section. | 0018| N. If a request for negotiation of a compact is | 0019| made and the proposed compact is identical to a compact | 0020| previously approved by the legislature except for the name of | 0021| the compacting tribe and the names of the persons to execute | 0022| the compact on behalf of the tribe and on behalf of the state, | 0023| the governor shall approve and sign the compact on behalf of | 0024| the state without submitting the compact for approval pursuant | 0025| to the provisions of this section. A compact signed by the | 0001| governor pursuant to this subsection is deemed approved by the | 0002| legislature. | 0003| Section 4. JOINT LEGISLATIVE COMMITTEE ON COMPACTS-- | 0004| CREATION--MEMBERSHIP--AUTHORITY.-- | 0005| A. The "joint legislative committee on compacts" is | 0006| created. Once established it shall continue operating until | 0007| specific action is taken by the legislature to terminate its | 0008| existence. | 0009| B. The committee shall have eight members, four | 0010| from the house of representatives and four from the senate. | 0011| House members shall be appointed by the speaker of the house of | 0012| representatives, and senate members shall be appointed by the | 0013| committees' committee of the senate or, if the senate | 0014| appointments are made in the interim, by the president pro | 0015| tempore of the senate after consultation with and agreement of | 0016| a majority of the members of the committees' committee. | 0017| Members shall be appointed from each house to give the two | 0018| major political parties in each house equal representation on | 0019| the committee. At least one member appointed from each house | 0020| shall be Native American. | 0021| C. In addition to its duty to review proposed | 0022| compacts, the committee may establish and transmit to the | 0023| governor proposed guidelines reflecting the public policies and | 0024| state interests, as embodied in the constitution of New Mexico, | 0025| state laws and case law of the state, that are consistent with | 0001| IGRA and that will be used by the committee in reviewing | 0002| proposed compacts. | 0003| D. The president pro tempore of the senate shall | 0004| designate a senate member of the committee to be chairman of | 0005| the committee in odd-numbered years and the vice chairman in | 0006| even-numbered years. The speaker of the house of | 0007| representatives shall designate a house member of the committee | 0008| to be chairman of the committee in even-numbered years and the | 0009| vice chairman in odd-numbered years. | 0010| E. The committee shall meet at the call of the | 0011| chairman. | 0012| F. The committee may meet during legislative | 0013| sessions as needed. | 0014| G. Staff services for the committee shall be | 0015| provided by the legislative council service. | 0016| Section 5. ACCESS TO DOCUMENTS--LIMITATION.--Reports, | 0017| records, data compilations, documents or other information | 0018| received by a state agency or office from a tribe or any of its | 0019| agencies, offices or enterprises pursuant to an approved | 0020| compact are public records of the state and may be inspected or | 0021| copied by the public, except that the following documents are | 0022| confidential and shall not be made available to the public | 0023| without the express consent of the tribe or except as is | 0024| otherwise provided in an approved compact: | 0025| A. reports containing results of background | 0001| investigations of individuals employed at tribal gaming | 0002| enterprises, vendors, contractors and management officials and | 0003| any other documents pertaining to those investigations; | 0004| B. documents showing income and expenses of tribal | 0005| gaming facilities; | 0006| C. documents pertaining to complaints or | 0007| allegations of violations of applicable laws or compact | 0008| provisions and investigations into those complaints or | 0009| allegations; | 0010| D. documents pertaining to licensing of or | 0011| investigation into gaming devices and documents containing | 0012| proprietary information concerning the devices, including | 0013| information concerning payouts of individual gaming devices; | 0014| and | 0015| E. documents pertaining to security and | 0016| surveillance systems, operations and procedures at gaming | 0017| facilities. | 0018| Section 6. EMERGENCY.--It is necessary for the public | 0019| peace, health and safety that this act take effect immediately. | 0020|  |