HOUSE BILL 474

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

George J. Hanosh

AN ACT

RELATING TO GAMING; DISTRIBUTING AN AMOUNT EQUAL TO A PERCENTAGE OF CERTAIN GAMING REVENUE TO A COUNTY IN WHICH INDIAN GAMING ENTERPRISES ARE LOCATED; MAKING AN APPROPRIATION.

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

     Section 1. COUNTY GAMING REVENUE-SHARING DISTRIBUTION-- AMOUNT--QUALIFIED COUNTY.--

          A. A "county gaming revenue-sharing distribution" shall be made from the general fund by the department of finance and administration to a qualified county quarterly beginning in November 2005.

          B. The distribution made pursuant to this section shall be in an amount equal to two percent of the net receipts of revenue sharing received by the state pursuant to tribal-state class III gaming compacts in the previous quarter from tribes located in the qualified county receiving the distribution.

          C. Distributions pursuant to this section shall be made:

                (1) quarterly in the second month following the end of each quarter;

                (2) from appropriations made by the legislature from the general fund;

                (3) on a warrant issued by the department of finance and administration; and

                (4) to the county treasurer of the qualified county.

          D. For purposes of this section:

                (1) "distribution" means a county gaming revenue-sharing distribution;

                (2) "qualified county" means a county having a population of more than twenty-five thousand five hundred and less than twenty-six thousand according to the most recent federal decennial census and having a net taxable value for rate-setting purposes for the 2004 property tax year of less than two hundred fifty million dollars ($250,000,000) and in which two tribes with tribal gaming enterprises are located; and

                (3) "tribe" means an Indian nation, tribe or pueblo located wholly or partially in New Mexico that entered into a tribal-state class III gaming compact with New Mexico.

     Section 2. APPROPRIATION.--

          A. An amount equal to two percent of the net receipts of revenue sharing paid to the state quarterly by Indian gaming enterprises located within a qualified county pursuant to tribal-state class III gaming compacts with New Mexico, is appropriated from the general fund to the department of finance and administration in fiscal year 2006 and subsequent fiscal years for distribution as a county gaming revenue-sharing distribution as set forth in Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

          B. As used in this section, "qualified county" means a class B county having a population according to the most recent federal decennial census of more than twenty-five thousand five hundred but less than twenty-six thousand and having a net taxable value for rate-setting purposes for the 2004 property tax year of less than two hundred fifty million dollars ($250,000,000) in which at least two tribal gaming enterprises are located.

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