44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO INDIAN GAMING REVENUE; PROVIDING FOR DISTRIBUTION OF REVENUE RECEIVED FROM REVENUE-SHARING AGREEMENTS; CREATING THE NATIVE AMERICAN PERMANENT FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. REVENUE RECEIVED PURSUANT TO A REVENUE-SHARING AGREEMENT--TRANSFER.--

A. Upon receipt of revenue paid to the state pursuant to an existing or new revenue-sharing agreement, the following amounts shall be distributed to the Native American permanent fund:

(1) thirty-seven and one-half percent of the amount, excluding any regulatory fees, paid to the state pursuant to an existing revenue-sharing agreement, including those payments due, but not received, before the effective date of this section; and

(2) fifty percent of the amount, excluding any regulatory fees, paid to the state pursuant to a new revenue-sharing agreement.

B. As used in this section:

(1) "existing revenue-sharing agreement" means a revenue-sharing agreement entered into pursuant to Section 11-13-2 NMSA 1978 before January 1, 2000 in which a tribe agrees to contribute a portion of its gaming revenues to the state;

(2) "new revenue-sharing agreement" means:

(a) an agreement, other than an existing revenue-sharing agreement, entered into between a tribe and the state under which the tribe agrees to contribute a portion of its gaming revenues to the state; or

(b) an amendment, entered into on or after January 1, 2000, to an existing revenue-sharing agreement in which the parties agree to change the amount of gaming revenue contributed to the state; and

(3) "tribe" means an Indian nation, tribe or pueblo located in whole or in part within the state.

Section 2. NATIVE AMERICAN PERMANENT FUND--CREATION--PURPOSE.--

A. The "Native American permanent fund" is created in the state treasury. Except as provided by law, earnings of the fund shall be credited to the fund and money in the fund shall not revert to any other fund. Money in the fund shall be invested by the state investment officer as land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978.

B. It is the intent of the legislature that the market value of the Native American permanent fund, through investment of the fund and additional transfers to the fund, be allowed to appreciate and that only distributions be available for appropriation by the legislature and only for the purpose of improving Native American conditions and relations within New Mexico, including those relating to health, economy and economic development, infrastructure development and education.

Section 3. NATIVE AMERICAN PERMANENT FUND ALLOCATION ADVISORY COUNCIL.--

A. The "Native American permanent fund allocation advisory council" is created. The council shall function from the date of its appointment until December 1, 2000.

B. The Native American permanent fund allocation advisory council shall consist of six legislative members and seven nonlegislative members. Three members of the house of representatives shall be appointed by the speaker of the house of representatives and three members of the senate shall be appointed by the president pro tempore of the senate. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the council as prevails in each house. The New Mexico office of Indian affairs shall appoint five members. The remaining members shall be the state investment officer and the secretary of finance and administration. The public members shall be paid per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act.

C. The advisory council shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the New Mexico legislative council, the advisory council shall:

(1) receive information or testimony concerning expected revenues to the Native American permanent fund;

(2) receive information or testimony concerning expected earnings to the fund and recommended methods of making distributions from the fund in a manner that will combine optimum growth of the fund with the optimum benefits from the distributions;

(3) receive information or testimony concerning needs within Indian country that can be served with distributions from the fund;

(4) develop guidelines and criteria for investing the fund, making distributions from the fund and identifying and prioritizing needs for the distributions; and

(5) make a report of its findings and recommendations to the first session of the forty-fifth legislature.

D. The staff for the advisory council shall be provided by the legislative council service.

Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.