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