FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 SB 872/a March 9, 1997 Mr. President: Your CORPORATIONS & TRANSPORTATION COMMITTEE, to whom has been referred SENATE BILL 872, as amended has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 11, line 15, after "person" strike the remainder of the line and insert in lieu thereof "less than twenty- one years of age;". 2. On page 11, strike lines 16 through 19 in their entirety. 3. On page 11, line 20, strike "a key" and insert in lieu thereof "any". 4. On page 11, line 21, strike "to be" and insert in lieu thereof "from being". 5. On page 11, line 22, strike "eighteen (18)" and insert in lieu thereof "twenty-one (21)". 6. On page 12, line 5, after the comma strike the remainder of the line and insert in lieu thereof "pension and other similar checks, for any patron;". 7. On page 12, between lines 11 and 12, insert the following: "6. prohibiting a Gaming Facility from providing, allowing, contracting to provide or arranging to provide alcoholic beverages or food for no charge or at reduced prices as an incentive or enticement for patrons to game; 7. requiring that all passenger conveyances authorized by or under contract with a Gaming Facility to convey patrons to or from the Gaming Facility shall be licensed and insured pursuant to the laws of the state regarding similar public conveyances; 8. requiring that each electronic or electromechanical gaming device in use at the Gaming Facility must pay out a mathematically demonstrable percentage of all amounts wagered, which must not be less than eighty percent (80%) or greater than one hundred percent (100%); 9. requiring that a Gaming Facility shall not extend credit to any patron in an amount greater than five thousand dollars ($5,000); 10. requiring that all food service facilities are regulated by standards equal to or more stringent than the standards with which commercial kitchens and other food service providers in the state are required to comply; 11. making available to all persons employed for thirty hours or more per week by a Gaming Operation employment benefits, including, at a minimum, sick leave and medical and dental insurance, as well as providing unemployment insurance and workers' compensation insurance through participation in programs offering those benefits; 12. providing a grievance process for an employee in cases of disciplinary or punitive action taken against an employee that includes a process for appeals to persons of greater authority than the immediate supervisor of the employee; 13. requiring that, if feasible, automatic teller machines on Gaming Facility premises be programmed to prevent the machine from accepting cards issued by the State to Aid to Families of Dependent Children recipients for access to Aid to Families of Dependent Children benefits; 14. enacting provisions that: (a) prohibit an employee of the Gaming Facility from selling, serving, giving or delivering an alcoholic beverage to an intoxicated person or from procuring or aiding in the procurement of any alcoholic beverage for an intoxicated person at the Gaming Facility; (b) require Gaming Facility employees that dispense, sell, serve or deliver alcoholic beverages to attend Alcohol Server Education Classes similar to those classes provided for in the New Mexico Liquor Control Act; and purchase and maintain a liquor liability insurance policy that will provide, at a minimum, personal injury coverage of one million dollars ($1,000,000) per injured person and ten million dollars ($10,000,000) aggregate per policy year;". 8. Renumber succeeding paragraphs accordingly. 9. On page 45, lines 18 through 25, and on page 46, lines 1 through 16, indent as for previous paragraphs. 10. On page 46, line 14, strike "judicial". 11. On page 46, between lines 16 and 17, insert the following: "2. Any person wishing to prosecute a claim for personal injury against the Gaming Operation as provided in this subsection or prosecute a claim pursuant to the liquor liability provisions of Section 4 of this Compact, and who is unable to arrive at a satisfactory settlement of such claim, may proceed, by no later than three (3) years after the date of the incident giving rise to the claim, either by filing suit in the tribal court of the Tribe, or by demanding binding arbitration as provided herein. The Tribe agrees that it will provide a tribal court that is competent to hear such claims, and that it will permit its Gaming Operation, and the employees thereof, to be sued in such courts on such claims, subject to the conditions set forth in this subsection. A claimant who wishes to proceed by binding arbitration shall submit a written demand therefor to the Gaming Operation. The arbitration shall take place according to the commercial arbitration rules established by the American Arbitration Association. The arbitrator shall permit the parties to engage in reasonable discovery, and shall establish other procedures so as to assure a full, fair and expeditious hearing on the claim. The award of the arbitration panel shall be final and binding (except that any such award of damages to the claimant shall in no event exceed the limits of liability set forth in this subsection). The Tribe's insurer shall be subject to suit in any court of competent jurisdiction for enforcement of the arbitration award.". 12. Renumber and indent the succeeding paragraph accordingly. 13. On page 64, between lines 16 and 17, insert the following new subsection: "CC. "liquor establishment" means a person licensed pursuant to Section 60-6A-3 NMSA 1978 to dispense alcoholic beverages;". 14. Reletter succeeding subsections accordingly. 15. On page 68, line 5, after the period insert "At least three of the members of the board shall have had at least five years in a supervisory or administrative position in either a gaming establishment or a governmental gaming regulatory agency.". 16. On page 69, line 8, after "governor" insert "of no less than sixty thousand dollars ($60,000) annually". 17. On page 91, between lines 7 and 8, insert a new paragraph: "(3) gaming operator's license for a racetrack, fifty thousand dollars ($50,000) for the initial license and ten thousand dollars ($10,000) for annual renewal;". 18. Renumber the succeeding paragraphs accordingly. 19. On page 110, after line 25, insert: "G. Only a racetrack licensed by the state racing commission or a nonprofit organization may apply for or be issued a gaming operator's license. No other persons are qualified to apply for or be issued a gaming operator's license pursuant to the Gaming Control Act.". 20. On page 111, line 2, after "ORGANIZATIONS" insert "AND LIQUOR ESTABLISHMENTS". 21. On page 111, strike lines 4 through 17 and insert: "A. A nonprofit organization or a liquor establishment may be issued a gaming operator's license to operate licensed gaming machines on its premises. B. No more than twenty-five gaming machines may be offered for play on the premises of a nonprofit organization gaming operator licensee. No more than five gaming machines may be offered for play on the premises of a liquor establishment. C. No gaming machine on the premises of a nonprofit organization gaming operator licensee or a liquor establishment gaming operator licensee may award a prize that exceeds one thousand dollars ($1,000). D. Gaming machines may be played on the premises of a nonprofit organization gaming operator licensee from 12:00 noon until 12:00 midnight every day. Gaming machines may be played on the premises of a liquor establishment gaming operator licensee only during the hours that liquor may be sold on the premises.". 22. On page 132, line 21, strike "fifteen" and insert "twenty- five". 23. On page 133, between lines 4 and 5, insert: "E. In addition to the gaming tax, a gaming operator licensee that is a racetrack shall pay twenty percent of the net take to purses to be distributed in accordance with regulations adopted by the state racing commission. A racetrack gaming operator licensee shall spend no less than one-fourth of one percent of the net take of its gaming machines to fund or support programs for the treatment and assistance of compulsive gamblers."., and thence referred to the FINANCE COMMITTEE. Respectfully submitted, __________________________________ Roman M. Maes, III, Chairman Adopted_______________________ Not Adopted_______________________ (Chief Clerk) (Chief Clerk) Date ________________________ The roll call vote was 7 For 2 Against Yes: 7 No: Wilson, Maes Excused: McKibben Absent: None S0872CT1 .118623.1