HOUSE BILL 966
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Mimi Stewart
AN ACT
RELATING TO GAMING; PROHIBITING LOCATION OF A GAMING ESTABLISHMENT WITHIN THREE HUNDRED YARDS OF AN INTERSECTION OF MUNICIPAL ROADS IN A CLASS A COUNTY; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 16-6-15 NMSA 1978 (being Laws 1935, Chapter 69, Section 3, as amended) is amended to read:
"16-6-15. ADDITIONAL POWERS.--In addition to the powers which it may now have, the New Mexico state fair shall have power to:
A. acquire, by purchase, gift or the exercise of the right of eminent domain, and hold and dispose of real or personal property or rights or interests therein except as limited by Section 13-6-2.1 NMSA 1978, which provisions requiring state board of finance approval of certain actions are applicable to the state fair. The right of eminent domain shall be exercised in the same manner as is provided for the exercise of such power by the state or any county, municipality or school district;
B. build, construct, improve, repair or maintain buildings, structures, improvements, grounds and equipment [which] that may be required by or convenient for the purpose of operating a state fair;
C. locate a gaming establishment adjacent to the racetrack or in the facility in which seating for the racetrack is located, provided that no gaming establishment is located within three hundred yards of an external boundary of the state fairgrounds;
D. acquire any project and to own, operate and maintain such project;
E. accept grants of money, materials or property of any kind from a federal agency upon such terms and conditions as the federal agency may impose;
F. borrow money and issue bonds and provide for the payment of the same and for the rights of the holders thereof, provided that the commission shall not issue bonds, negotiate loans or renegotiate loans without the prior approval of the state board of finance; and
G. perform all acts and do all things necessary or convenient to carry out the powers granted in [this] Chapter 16, Article 6 NMSA 1978, or heretofore granted, to obtain loans or grants or both from any federal agency and to accomplish the purposes of [this] Chapter 16, Article 6 NMSA 1978 [and secure the benefits of the Recovery Act]."
Section 2. Section 60-2E-7 NMSA 1978 (being Laws 1997, Chapter 190, Section 9, as amended) is amended to read:
"60-2E-7. BOARD'S POWERS AND DUTIES.--
A. The board shall implement the state's policy on gaming consistent with the provisions of the Gaming Control Act. It has the duty to fulfill all responsibilities assigned to it pursuant to that act, and it has all authority necessary to carry out those responsibilities. It may delegate authority to the executive director, but it retains accountability. The board is an adjunct agency.
B. The board shall:
(1) employ the executive director;
(2) make the final decision on issuance, denial, suspension and revocation of all licenses pursuant to and consistent with the provisions of the Gaming Control Act; provided that the board shall not issue a license to a gaming operator the gaming establishment of which is to be located within three hundred yards of an external boundary of the state land on which the race track is located in a municipality with a population of greater than three hundred thousand according to the 2000 federal decennial census;
(3) develop, adopt and promulgate all regulations necessary to implement and administer the provisions of the Gaming Control Act;
(4) conduct itself, or employ a hearing officer to conduct, all hearings required by the provisions of the Gaming Control Act and other hearings it deems appropriate to fulfill its responsibilities;
(5) meet at least once each month; and
(6) prepare and submit an annual report in December of each year to the governor and the legislature, covering activities of the board in the most recently completed fiscal year, a summary of gaming activities in the state and any recommended changes in or additions to the laws relating to gaming in the state.
C. The board may:
(1) impose civil fines not to exceed twenty-five thousand dollars ($25,000) for the first violation and fifty thousand dollars ($50,000) for subsequent violations of any prohibitory provision of the Gaming Control Act or any prohibitory provision of a regulation adopted pursuant to that act;
(2) conduct investigations;
(3) subpoena persons and documents to compel access to or the production of documents and records, including books and memoranda, in the custody or control of [any] a licensee;
(4) compel the appearance of employees of a licensee or persons for the purpose of ascertaining compliance with provisions of the Gaming Control Act or a regulation adopted pursuant to its provisions;
(5) administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition were pursuant to discovery rules in a civil action in the district court;
(6) sue and be sued subject to the limitations of the Tort Claims Act;
(7) contract for the provision of goods and services necessary to carry out its responsibilities;
(8) conduct audits, relevant to their gaming activities, of applicants, licensees and persons affiliated with licensees;
(9) inspect, examine, photocopy and audit all documents and records of an applicant or licensee relevant to his gaming activities in the presence of the applicant or licensee or his agent;
(10) require verification of income and all other matters pertinent to the gaming activities of an applicant or licensee affecting the enforcement of any provision of the Gaming Control Act;
(11) inspect all places where gaming activities are conducted and inspect all property connected with gaming in those places;
(12) summarily seize, remove and impound from places inspected any gaming devices, property connected with gaming, documents or records for the purpose of examination or inspection;
(13) inspect, examine, photocopy and audit documents and records, relevant to his gaming activities, of any affiliate of an applicant or licensee that the board knows or reasonably suspects is involved in the financing, operation or management of the applicant or licensee. The inspection, examination, photocopying and audit shall be in the presence of a representative of the affiliate or its agent when practicable; and
(14) except for the powers specified in Paragraphs (1) and (4) of this subsection, carry out all or part of the foregoing powers and activities through the executive director.
D. The board shall monitor all activity authorized in an Indian gaming compact between the state and an Indian nation, tribe or pueblo. The board shall appoint the state gaming representative for the purposes of the compact."
Section 3. Section 60-2E-27 NMSA 1978 (being Laws 1997, Chapter 190, Section 29, as amended) is amended to read:
"60-2E-27. GAMING OPERATOR LICENSEES--SPECIAL CONDITIONS FOR RACETRACKS--NUMBER OF GAMING MACHINES--DAYS AND HOURS OF OPERATIONS.--
A. A racetrack licensed by the state racing commission pursuant to the Horse Racing Act to conduct live horse races or simulcast races may be issued a gaming operator's license to operate gaming machines on its premises where live racing is conducted.
B. A racetrack's gaming operator's license shall automatically become void if:
(1) the racetrack no longer holds an active license to conduct pari-mutuel wagering; [or]
(2) the racetrack fails [to maintain a minimum of three live race days a week with at least nine live races on each race day during its licensed race meet in the 1997 calendar year and] in the 1998 and subsequent calendar years, to maintain a minimum of four live race days a week with at least nine live races on each race day during its licensed race meet; or
(3) the location of the gaming establishment in a municipality with a population of greater than three hundred thousand according to the 2000 federal decennial census is moved to a location within three hundred yards of an external boundary of the state land on which the gaming establishment is located.
C. A gaming operator licensee that is a racetrack may have up to six hundred licensed gaming machines, but the number of gaming machines to be located on the licensee's premises shall be specified in the gaming operator's license.
D. By execution of an allocation agreement, signed by both the allocating racetrack and the racetrack to whom the allocation is made, a gaming operator licensee that is a racetrack may allocate any number of its authorized gaming machines to another gaming operator licensee that is a racetrack. To be valid, the allocation agreement must bear the written approval of the board and the state racing commission, and this approval shall make specific reference to the meeting at which the action of approval was taken and the number of votes cast both for and against the approval. By allocating a number of its authorized machines to another racetrack, the allocating racetrack automatically surrenders all rights to operate the number of machines allocated. No racetrack shall operate or be authorized to operate more than seven hundred fifty gaming machines.
E. Gaming machines on a racetrack gaming operator licensee's premises may be played only on days when the racetrack is either conducting live horse races or simulcasting horse race meets. A gaming operator licensee that is a racetrack shall be permitted to conduct such games on only the aforementioned days for a daily period not to exceed twelve hours at the discretion of such licensee.
F. Alcoholic beverages shall not be sold, served, delivered or consumed in the area restricted pursuant to Subsection F of Section 60-2E-26 NMSA 1978."
Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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