March 6, 1999

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BUSINESS AND INDUSTRY COMMITTEE

SUBSTITUTE FOR HOUSE BILLS 419 & 615

has had it under consideration and reports same WITHOUT RECOMMENDATION, amended as follows:

1. On page 2, line 18, after "to" insert "an Indian Gaming Compact or".

2. On page 2, line 19, strike "; with an", insert in lieu thereof "unless the" and on line 20, strike "that has not" and insert in lieu thereof "has".

3. On page 2, line 21, after "1978" strike the remainder of the line and strike line 22 up to the semicolon.

4. On page 4, between lines 18 and 19, insert the following:

"SECTION 4. Extension of Compact Terms. Notwithstanding any provisions to the contrary in SECTION 11 of the Indian Gaming Compact entered into in 1997, upon the approval of this Supplement to the Indian Gaming Compact, the term of the Indian Gaming Compact shall be extended beyond its original expiration date by an additional two (2) years.".

5. Renumber the succeeding SECTIONS of the form entitled "Supplement to the Indian Gaming Compact" from page 4, line 19 to page 8, line 15.

6. On page 6, line 3, before the period insert:

"; provided, however, that a Tribe that generates less than two million dollars ($2,000,000) of net win in the calendar quarter does not have to pay a share of its gaming revenue to the state in that calendar quarter".

7. On page 8, line 7, after the period insert:

"If the dispute resolution provisions are invoked, and if the arbitration determines that the Tribe shall pay, the Tribe has thirty (30) days from the date of the final decision of the arbitration to pay the amount determined to be due to the State or the Tribe's Indian Gaming Compact and Supplement to the Indian Gaming Compact shall terminate automatically and without the need for further action. In the event that the Notice of Default and Intent to Terminate has been received and either gaming is continued beyond the thirty-day period or the dispute resolution provisions of the Indian Gaming Compact are invoked and the result does not provide for a continuation of gaming pursuant to the compact and the supplement, the parties agree that the U.S. Attorney is empowered to enforce the Notice of Default and Intent to Terminate pursuant to the U.S. Indian Gaming Regulatory Act."

8. On page 11 line 6, after "pay" insert a colon and the paragraph designation "(1)".

9. On page 11, line 8, after "commission" strike ". A" and insert in lieu thereof a semicolon.

10. On page 11, strike line 9 in its entirety and insert in lieu thereof the following:

"(2) five-tenths of one percent (.5%) of the net take to be distributed to the jockey's guild health and welfare trust maintained by the jockey's guild, inc. for the purpose of providing health care and other welfare benefits to active, disabled and retired New Mexico thoroughbred and quarter horse jockeys pursuant to reasonable criteria for benefit eligibility established by jockey's guild, inc. The jockey's guild shall annually provide to the state racing commission a certified financial statement of the expenditures made for the benefits provided pursuant to this subsection; and

(3) no less than".

and thence referred to the TAXATION AND REVENUE COMMITTEE.

Respectfully submitted,

R. David Pederson, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 9 For 1 Against

Yes: 9

No: Stewart

Excused: Luna, Vaughn

Absent: None

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