0001| SENATE BILL 606
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| BEN D. ALTAMIRANO
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO GAMING; ENACTING THE VIDEO GAMING ACT; PROVIDING FOR
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0013| VIDEO MACHINE GAMING AT LICENSED CLUBS; PROVIDING FOR A GAMING
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0014| TAX IN LIEU OF OTHER GROSS RECEIPTS OR EXCISE TAXES; PROVIDING
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0015| PENALTIES; MAKING APPROPRIATIONS; AMENDING AND ENACTING SECTIONS
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0016| OF THE NMSA 1978; DECLARING AN EMERGENCY.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0020| through 36 of this act may be cited as the "Video Gaming Act".
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0021| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the
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0022| Video Gaming Act is to:
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0023| A. authorize and regulate the use and operation of
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0024| video gaming machines at licensed clubs in the state; and
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0025| B. take all actions necessary to ensure the
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0001| integrity, reliability and security of all games of chance
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0002| located on the premises of licensed clubs.
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0003| Section 3. [NEW MATERIAL] PUBLIC POLICY OF STATE
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0004| CONCERNING GAMING.--The legislature finds and declares it to be
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0005| the public policy of this state that:
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0006| A. regulation of video gaming at licensed clubs is
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0007| critical to ensure that it is conducted honestly and uniformly
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0008| throughout New Mexico;
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0009| B. the public's confidence and trust in the conduct
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0010| of permitted video gaming activities at licensed clubs can be
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0011| obtained and maintained only through strict regulation of all
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0012| persons, locations, practices, associations and activities
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0013| related directly or indirectly to nontribal video gaming
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0014| conducted in the state; and
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0015| C. a holder of a license issued pursuant to the
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0016| Video Gaming Act to conduct permitted gaming activities at
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0017| licensed clubs does not acquire any vested interest or right in
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0018| or under the license and has only a revocable privilege.
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0019| Section 4. [NEW MATERIAL] DEFINITIONS.--As used in the
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0020| Video Gaming Act:
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0021| A. "associated equipment" means any proprietary
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0022| device, machine or part used in the manufacture or maintenance
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0023| of a video gaming machine, including but not limited to
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0024| integrated circuit chips, printed wired assembly, printed wire
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0025| boards, printing mechanisms, video display monitors and metering
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0001| devices;
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0002| B. "board" means the video gaming board that
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0003| regulates video gaming pursuant to the provisions of the Video
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0004| Gaming Act;
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0005| C. "committee" means the gaming oversight committee
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0006| that oversees the operation of video gaming in the state and is
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0007| created in the Video Gaming Act;
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0008| D. "distributor" means any person who distributes or
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0009| sells video gaming machines or associated equipment to a
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0010| licensed club in New Mexico;
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0011| E. "licensed club" means a nonprofit organization
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0012| that has been licensed pursuant to the Video Gaming Act;
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0013| F. "licensee" means any person who is granted a
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0014| license pursuant to the Video Gaming Act;
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0015| G. "major procurement" means any procurement or
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0016| contract for the purchase or lease of facilities, equipment,
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0017| goods or services used primarily for the regulation and control
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0018| of video gaming, the value of which is in excess of twenty
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0019| thousand dollars ($20,000), including computer equipment,
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0020| accounting, consulting or other procurements deemed necessary by
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0021| the superintendent;
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0022| H. "manufacturer" means any person who assembles or
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0023| produces video gaming machines or associated equipment to be
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0024| sold or used in New Mexico;
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0025| I. "net take" means the total of all cash received
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0001| from patrons for the play of video gaming machines less the
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0002| total of all cash paid out in prizes;
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0003| J. "nonprofit organization" means any organization,
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0004| described in Section 501(c)(8), 501(c)(10), 501(c)(19) or
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0005| 501(c)(23) of the federal Internal Revenue Code of 1986, as
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0006| amended, that is exempt from federal income taxation pursuant to
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0007| Section 501(a) of that code and that has been issued a license
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0008| pursuant to Section 60-6A-5 NMSA 1978;
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0009| K. "operator" means any person who sells, leases,
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0010| services or places video gaming machines or associated equipment
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0011| for use in the state;
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0012| L. "person" means an individual or any legal entity,
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0013| including a partnership, joint venture, limited partnership,
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0014| limited liability company or corporation;
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0015| M. "regulation" means a rule, regulation, order,
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0016| standard or statement of policy issued or adopted by the board
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0017| pursuant to the Video Gaming Act regarding the regulation or
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0018| operation of video gaming in the state;
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0019| N. "superintendent" means the superintendent of
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0020| regulation and licensing;
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0021| O. "vendor" means any person who provides a major
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0022| procurement under contract with the division or security
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0023| division;
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0024| P. "video game" means a simulated game of chance
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0025| that may involve skill of the player or application of the
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0001| element of chance, or both, that is displayed and played on a
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0002| video gaming machine that has been authorized by the board;
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0003| Q. "video gaming licensee" means a nonprofit
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0004| organization that has obtained a license pursuant to the Video
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0005| Gaming Act to have video gaming machines in operation on the
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0006| licensee's premises;
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0007| R. "video gaming machine" means any electronic or
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0008| electromechanical device, contrivance or machine, including
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0009| those commonly known as slot machines, that is available for
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0010| play upon the payment of consideration and when played may
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0011| entitle the player to receive or may deliver to the player
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0012| something of value, including currency, coins, premiums,
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0013| merchandise, credits, tokens or a voucher, whether by reason of
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0014| the skill of the player or application of the element of chance,
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0015| or both; and
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0016| S. "voucher" means a receipt, credit slip or other
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0017| tangible evidence printed out by a video gaming machine that
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0018| entitles the holder to receive something of value for having
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0019| played the machine and won its game.
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0020| Section 5. BOARD--MEMBERSHIP--QUALIFICATIONS.--
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0021| A. [NEW MATERIAL] The "video gaming board" is
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0022| created and is administratively attached to the regulation and
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0023| licensing department.
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0024| B. The board shall consist of the following five
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0025| members:
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0001| (1) the state treasurer or a person designated
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0002| by the state treasurer who can represent that office;
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0003| (2) two persons appointed by the governor, one
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0004| of whom shall have had five years' experience in the management
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0005| of a law enforcement agency and one of whom shall have had three
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0006| years' experience in the management of a video gaming
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0007| enterprise;
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0008| (3) one person appointed by the president pro
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0009| tempore of the senate; and
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0010| (4) one person appointed by the speaker of the
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0011| house of representatives.
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0012| C. Members of the board shall be citizens of the
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0013| United States.
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0014| D. Members of the board are subject to confirmation
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0015| by the senate and shall serve four-year terms, except that the
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0016| members appointed by the president pro tempore of the senate or
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0017| the speaker of the house of representatives shall serve
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0018| two-year terms. No person shall serve on the board for more
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0019| than twelve years.
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0020| E. The board shall annually elect a chairman from
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0021| among its members.
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0022| F. The special investigations division of the
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0023| department of public safety shall conduct background
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0024| investigations of all appointed members of the board prior to
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0025| each taking office. The background investigations shall include
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0001| but not be limited to credit checks, police checks, conviction
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0002| records checks and national and statewide criminal records
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0003| clearinghouse and fingerprint checks. The result of the
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0004| investigations shall be provided to the governor, the president
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0005| pro tempore of the senate, the speaker of the house of
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0006| representatives and the senate rules committee.
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0007| G. An individual convicted of a crime, not including
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0008| a petty misdemeanor, that involves gambling, moral turpitude,
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0009| fraud or theft shall not be eligible to serve on or be appointed
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0010| to the board.
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0011| H. A board member shall report his arrest for or
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0012| conviction of a crime, not including a petty misdemeanor, that
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0013| includes gambling, moral turpitude, fraud or theft to the person
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0014| who appointed him and to the chairman of the board within three
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0015| days of the arrest or conviction. A member convicted of a crime
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0016| specified in this subsection shall resign or be removed from the
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0017| board by the person who appointed that member to the board.
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0018| I. No person who has or later acquires an ownership
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0019| interest in a vendor or licensee or is a member of a licensed
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0020| club shall serve on the board.
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0021| Section 6. [NEW MATERIAL] MEETINGS--QUORUM--RECORDS.--
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0022| A. A majority of the qualified membership of the
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0023| board then in office constitutes a quorum. No action may be
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0024| taken by the board unless at least three members concur.
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0025| B. The board may hold regular or special meetings
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0001| upon reasonable notice.
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0002| C. Meetings of the board shall be open and public in
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0003| accordance with the Open Meetings Act, except that the board may
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0004| have closed meetings to hear security and investigative
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0005| information that is otherwise permitted by law to be
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0006| confidential, to evaluate confidential proprietary information
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0007| provided as part of a major procurement proposal and to consider
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0008| those matters specified as confidential in the Video Gaming Act.
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0009| D. All proceedings of the board shall be recorded by
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0010| audiotape or other equivalent verbatim audio recording device;
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0011| however, tapes of closed meetings shall not be made available to
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0012| the public.
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0013| Section 7. [NEW MATERIAL] BOARD DUTIES--ADMINISTRATIVE
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0014| SUPPORT.--
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0015| A. The board shall adopt, amend or repeal all
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0016| regulations necessary to administer the Video Gaming Act and to
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0017| assure the honest and secure operation of the board and video
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0018| gaming in the state.
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0019| B. All administrative support required by the board
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0020| shall be provided by the superintendent.
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0021| C. The board shall oversee implementation of all
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0022| adopted regulations.
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0023| D. The board may delegate the authority to enforce
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0024| all adopted regulations to the superintendent.
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0025| E. The board shall provide notice and an opportunity
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0001| to be heard in proceedings for the adoption, amendment or repeal
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0002| of regulations applicable to licensees.
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0003| F. Within one hundred eighty days following the date
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0004| on which the Video Gaming Act becomes effective, the board shall
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0005| adopt regulations consistent with the policy, objectives and
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0006| purposes of that act.
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0007| Section 8. [NEW MATERIAL] COMMITTEE--DUTIES--COMPENSATION.--
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0008| A. There is created a joint interim legislative
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0009| oversight committee, which shall be known as the "gaming
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0010| oversight committee". The committee shall function from the
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0011| date of its appointment until the first day of December prior to
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0012| the second session of the forty-fifth legislature.
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0013| B. The committee shall be composed of ten members.
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0014| Five members of the house of representatives shall be appointed
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0015| by the speaker of the house of representatives, and five members
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0016| of the senate shall be appointed by the committees' committee of
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0017| the senate or, if the senate appointments are made in the
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0018| interim, by the president pro tempore of the senate after
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0019| consultation with and agreement of a majority of the members of
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0020| the committees' committee. Members shall be appointed so that
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0021| there is a member from each of the major political parties from
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0022| each house. No person who has or later acquires an ownership or
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0023| membership interest in any vendor or licensee shall serve on the
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0024| committee.
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0025| C. The committee shall oversee the operations and
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0001| regulation of video gaming, as well as periodically review and
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0002| evaluate the success with which the board is accomplishing its
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0003| duties and regulating video gaming activities pursuant to the
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0004| Video Gaming Act. The committee may conduct as it deems
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0005| necessary an independent audit or investigation of the gaming
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0006| functions of the board or the regulation and licensing
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0007| department.
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0008| D. Members of the committee may receive per diem and
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0009| mileage in accordance with the provisions of the Per Diem and
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0010| Mileage Act when the legislature is not in session and shall
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0011| receive no other compensation, perquisite or allowance.
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0012| E. The committee shall report its findings and
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0013| recommendations on video gaming to each regular session of the
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0014| legislature.
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0015| Section 9. [NEW MATERIAL] REGULATIONS.--
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0016| A. The regulations adopted by the board and
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0017| administered by the superintendent pursuant to the Video Gaming
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0018| Act shall include but are not limited to regulations governing:
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0019| (1) security for video games;
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0020| (2) application requirements for licensees,
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0021| including disclosure requirements related to the ownership and
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0022| control of licensees and other disclosures necessary to evaluate
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0023| the competence, background, integrity or character of the
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0024| licensee;
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0025| (3) the manner and schedule of implementation
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0001| of video gaming authorized by and consistent with the Video
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0002| Gaming Act;
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0003| (4) enforcement of prohibitions on the playing
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0004| of video games by or for an individual younger than twenty-one
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0005| years of age;
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0006| (5) the specific games to be conducted within
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0007| the categories of video games to ensure that no specific game is
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0008| operated that is unfair or misleading;
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0009| (6) the percentage payout for video gaming
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0010| machines and how it should be calculated, provided that at least
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0011| eighty-five percent of the amount played or bet computed on a
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0012| regular and systematic basis shall be paid or awarded in cash or
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0013| credits;
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0014| (7) the hours during which video gaming
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0015| machines may be operated;
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0016| (8) the procedures to be followed by a video
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0017| gaming licensee in payment of valid prizes, including annuities;
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0018| (9) the qualifications of vendors or licensees;
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0019| (10) minimum standards for video gaming
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0020| machines that should reflect Nevada or New Jersey standards;
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0021| (11) the operations of distributors and
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0022| operators to ensure their compliance with the Video Gaming Act;
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0023| and
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0024| (12) any other matter necessary or desirable as
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0025| determined by the superintendent to promote and ensure the
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0001| integrity, security, honesty and fairness of the operation and
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0002| administration of video gaming.
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0003| B. Regulations shall be adopted to implement and
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0004| enforce the Video Gaming Act not more than one hundred eighty
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0005| days following the date on which that act becomes effective.
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0006| The regulations adopted pursuant to this section shall be valid
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0007| for no longer than a period of ten years following adoption
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0008| unless earlier reviewed and approved by the superintendent.
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0009| Section 10. [NEW MATERIAL] ADMINISTRATION--HEARING--REGULATIONS.--
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0010| A. Regulations shall be adopted, amended or repealed
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0011| only after a public hearing by the board. Notice of the hearing
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0012| shall be given at least twenty days in advance in a newspaper of
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0013| general circulation in the state and shall set forth the
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0014| proposed regulation, amendment or the regulation proposed to be
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0015| repealed. The board shall either approve or disapprove the
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0016| proposed regulation, amendment or repeal of the regulations
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0017| within ten days following the hearing.
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0018| B. Certified copies of any approved regulations
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0019| shall be submitted to the committee and, as required, to the
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0020| records center pursuant to the State Rules Act. Copies of the
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0021| regulations in force shall be made available to any person upon
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0022| request.
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0023| C. The board shall adopt regulations to implement
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0024| this section and for the conduct of all hearings.
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0025| Section 11. [NEW MATERIAL] ADMINISTRATIVE SUPPORT.--The
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0001| superintendent shall provide all necessary administrative
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0002| support to the board, including clerical, administrative,
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0003| investigatory or other functions deemed necessary and
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0004| appropriate by the board to carry out its duties pursuant to the
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0005| Video Gaming Act.
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0006| Section 12. [NEW MATERIAL] SECURITY.--
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0007| A. The superintendent shall be responsible for
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0008| providing security services to the board, including conducting
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0009| background investigations on appropriate personnel.
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0010| B. The department of public safety, at the request
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0011| of the board or superintendent, shall perform a full criminal
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0012| background investigation on any employee who is directly
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0013| involved in administration, implementation or oversight of the
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0014| provisions of the Video Gaming Act. The background
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0015| investigations shall include credit checks, police record
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0016| checks, conviction record checks, national and statewide
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0017| criminal records clearinghouse checks and fingerprint checks.
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0018| The board shall reimburse the department of public safety for
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0019| the actual costs of an investigation. All information obtained
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0020| through a background investigation shall be confidential, except
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0021| that the superintendent may exchange such confidential
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0022| information with state, federal and local law enforcement
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0023| agencies.
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0024| C. Any individual convicted of a felony or any crime
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0025| involving gambling, moral turpitude, fraud or theft shall not be
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0001| eligible for employment involving the administration of the
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0002| Video Gaming Act.
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0003| D. An employee of the regulation and licensing
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0004| department directly involved in the administration,
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0005| implementation or oversight of video gaming shall report his
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0006| arrest for or conviction of a felony or any crime involving
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0007| gambling, moral turpitude, fraud or theft to the superintendent
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0008| within three days of such arrest or conviction.
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0009| E. By January 1, 1998 and at least once every two
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0010| years thereafter, the superintendent shall employ an independent
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0011| firm that is experienced in security, including computer
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0012| security and systems security, to conduct a comprehensive
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0013| confidential study of all aspects of video gaming security,
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0014| including:
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0015| (1) regulation and licensing department
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0016| personnel security;
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0017| (2) vendor and licensee security;
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0018| (3) security against fraudulent winning;
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0019| (4) computer system security and data
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0020| communications, database and systems security;
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0021| (5) security of payment procedures; and
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0022| (6) other security aspects of video gaming
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0023| regulatory operations.
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0024| F. The board shall provide the governor and the
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0025| committee with a copy of the confidential security study.
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0001| G. The board, after consultation with the committee,
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0002| shall develop a plan to improve the security of video gaming
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0003| based upon the recommendations of the confidential security
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0004| study; however, nothing in this section requires the board to
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0005| implement any of the recommendations made in the security study.
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0006| Section 13. [NEW MATERIAL] INFORMATION AND DATA--CONFIDENTIALITY--DISCLOSURE.--
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0007| A. All of the following information and data are
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0008| confidential and may be revealed in whole or in part only in the
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0009| course of the necessary administration of the Video Gaming Act
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0010| or upon the lawful order of a court of competent jurisdiction,
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0011| except that the board may reveal confidential information and
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0012| data to an authorized agent of any governmental agency pursuant
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0013| to a reciprocal agreement with the other governmental agency to
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0014| share information and maintain confidentiality of the
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0015| information as provided in this section:
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0016| (1) security measures and internal security
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0017| reports;
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0018| (2) information and data provided by a
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0019| governmental agency required by that agency's governing law to
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0020| be kept confidential;
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0021| (3) trade secrets and proprietary information
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0022| of any applicant, licensee or vendor;
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0023| (4) personal data, including personal financial
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0024| data, not otherwise public and not directly related to the
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0025| license or major procurement contract; and
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0001| (5) data or information as otherwise authorized
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0002| by law.
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0003| B. Notice of the content of any information or data
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0004| furnished or released pursuant to Paragraphs (3) and (4) of
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0005| Subsection A of this section shall be given to any applicant or
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0006| licensee in a manner prescribed by regulations adopted pursuant
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0007| to the Video Gaming Act.
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0008| Section 14. [NEW MATERIAL] BOARD--RECORDS--
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0009| REQUIREMENTS.--
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0010| A. The board shall make and keep records that
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0011| accurately and fairly reflect transactions of video gaming
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0012| conducted pursuant to the Video Gaming Act, including the
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0013| receipt of funds, prize claims, prizes paid, expenses and all
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0014| other activities and financial transactions involving revenue
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0015| generated by video gaming, to permit preparation of financial
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0016| statements in conformity with generally accepted accounting
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0017| principles and to maintain daily accountability.
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0018| B. The board shall maintain a file of all
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0019| applications for licenses pursuant to the Video Gaming Act,
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0020| together with a record of all action taken with respect to those
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0021| applications. The file and record are open to public
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0022| inspection, except those portions declared by law to be
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0023| confidential.
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0024| C. The board may maintain other files and records as
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0025| it deems desirable.
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0001| Section 15. [NEW MATERIAL] AUDITS.--
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0002| A. The board shall provide for a certified public
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0003| accountant to conduct an independent audit for each fiscal year
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0004| of all accounts and transactions related to video gaming. The
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0005| independent audit shall be reviewed by the office of the state
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0006| auditor. The certified public accountant shall not have an
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0007| ownership interest in a vendor or licensee and shall report any
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0008| conflict of interest to the board. The certified public
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0009| accountant shall present an audit report to the board, the
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0010| governor and the committee not later than December 31 of the
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0011| year following the fiscal year for which the audit was
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0012| performed. The report shall contain recommendations to improve
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0013| the efficiency of video gaming regulatory operations.
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0014| B. Each vendor's or licensee's records relating to
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0015| the Video Gaming Act are subject to audit.
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0016| C. The board, after consultation with the committee,
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0017| shall develop a plan to improve the efficiency of the regulation
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0018| of video gaming based upon the recommendations of the certified
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0019| public accountant; however, nothing in this section requires the
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0020| board to implement any of the recommendations made by the
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0021| certified public accountant.
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0022| D. All accounts and transactions relating to video
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0023| gaming are exempt from the Audit Act.
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0024| Section 16. [NEW MATERIAL] INVESTIGATORY POWERS.--The
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0025| board has the power to:
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0001| A. examine, under oath, any person or any officer,
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0002| employee or agent of any organization or corporation;
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0003| B. compel by subpoena the production of records; and
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0004| C. compel by subpoena the attendance of any person
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0005| in this state to testify before the board when such
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0006| investigation is necessary to the proper administration of the
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0007| Video Gaming Act.
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0008| Section 17. [NEW MATERIAL] ATTORNEY GENERAL--OTHER LAW
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0009| ENFORCEMENT AUTHORITY--POWERS AND DUTIES.--
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0010| A. The board may confer with the attorney general as
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0011| deemed necessary and advisable for the proper administration of
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0012| the Video Gaming Act. Upon request of the board, it is the duty
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0013| of the attorney general and any other law enforcement authority
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0014| to whom a violation is reported to investigate and cause
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0015| appropriate proceedings to be instituted without delay.
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0016| B. The attorney general and the department of public
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0017| safety shall furnish to the board any information that they may
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0018| have in their possession as may be necessary to ensure security,
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0019| honesty, fairness and integrity in the operation and
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0020| administration of video gaming conducted pursuant to the Video
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0021| Gaming Act. The board shall be considered to be a criminal
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0022| justice agency and shall be furnished that information without
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0023| charge upon proper written request from the board.
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0024| Section 18. [NEW MATERIAL] CONFLICTS OF INTEREST--COMPLIANCE WITH OTHER LAWS--VIOLATION--REMOVAL FROM OFFICE.--
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0025| A. The superintendent, the committee, the members of
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0001| the board or other restricted persons shall not, directly or
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0002| indirectly:
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0003| (1) knowingly hold a financial interest or
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0004| acquire stocks, bonds or any other interest in any entity that
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0005| is a licensee or vendor; or
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0006| (2) have a financial interest in the ownership
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0007| or leasing of property used in the conduct or regulation of
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0008| video gaming.
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0009| B. The superintendent, the committee, the members of
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0010| the board or other restricted persons shall not ask for, offer
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0011| to accept or receive any gift, gratuity or other thing of value
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0012| that would inure to that person's benefit from:
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0013| (1) any entity seeking to supply equipment,
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0014| materials or services for use in the conduct or regulation of
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0015| video gaming;
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0016| (2) any applicant for a license; or
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0017| (3) any vendor or licensee.
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0018| C. No person seeking to supply equipment, materials
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0019| or services for use in the conduct or regulation of video
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0020| gaming, no applicant for a license and no vendor or licensee
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0021| shall offer or give to the superintendent, the committee,
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0022| members of the board or other restricted persons any gift,
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0023| gratuity or other thing of value that would inure to the
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0024| recipient's personal benefit.
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0025| D. For purposes of this section:
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0001| (1) "gift, gratuity or other thing of value"
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0002| does not include the provision of a breakfast, luncheon, dinner
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0003| or other refreshment consisting of food and beverage provided
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0004| for immediate consumption; and
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0005| (2) "other restricted person" means anyone
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0006| living in the same household as the superintendent, a member of
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0007| the committee or any member of the board.
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0008| E. The superintendent and members of the board shall
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0009| comply with all state laws applicable to ethics in government,
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0010| conflict of interest and financial disclosure.
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0011| F. If the superintendent or a member of the board
|
0012| violates this section, he may be removed from his position after
|
0013| notice and a hearing before the board or the remaining members
|
0014| of the board.
|
0015| Section 19. [NEW MATERIAL] TAX IMPOSED--RATE.--
|
0016| A. For the privilege of offering video gaming
|
0017| machines for play on its premises pursuant to the Video Gaming
|
0018| Act, an excise tax that may be cited as the "gaming tax" is
|
0019| imposed upon licensed clubs.
|
0020| B. The gaming tax is imposed in an amount equal to
|
0021| ten percent of the net take of each video gaming machine located
|
0022| on the premises of the licensed club.
|
0023| C. The revenue from the gaming tax shall be
|
0024| distributed in the following manner:
|
0025| (1) one-fourth of one percent of the revenue
|
0001| received from a licensee for each video gaming machine on its
|
0002| premises is appropriated to the department of health and shall
|
0003| be used for education, prevention and treatment programs for
|
0004| compulsive gamblers; and
|
0005| (2) the remainder of the revenue received from
|
0006| a licensee for each video gaming machine on its premises shall
|
0007| be distributed to the general fund.
|
0008| D. The gaming tax shall be paid to and administered
|
0009| and enforced by the taxation and revenue department pursuant to
|
0010| the provisions of the Tax Administration Act.
|
0011| E. The gaming tax is imposed in lieu of gross
|
0012| receipts tax or any other excise tax imposed by the state or
|
0013| local government.
|
0014| Section 20. [NEW MATERIAL] PROCUREMENT OF GOODS AND
|
0015| SERVICES.--The superintendent shall enter into all contracts,
|
0016| subject to approval of the board, for procurement of goods and
|
0017| services required by the board to carry out its duties and
|
0018| responsibilities under the provisions of the Video Gaming Act.
|
0019| Section 21. [NEW MATERIAL] MAJOR PROCUREMENT--VENDOR--DISCLOSURES REQUIRED--CONTRACT APPROVAL--REQUIREMENTS.--
|
0020| A. The board shall request proposals for major
|
0021| procurements for effectuating the purpose of the Video Gaming
|
0022| Act. No contract for a major procurement may be assigned by a
|
0023| vendor except by a written agreement approved and signed by the
|
0024| board.
|
0025| B. The board may require persons making major
|
0001| procurement proposals to disclose information to enable it to
|
0002| review and evaluate the responses to the requests for proposals
|
0003| on the basis of competence, background, integrity, character and
|
0004| nature of the ownership and control of vendors and to ensure
|
0005| compliance with the provisions of the Video Gaming Act.
|
0006| C. The board shall investigate, as part of the
|
0007| process for analyzing responses to requests for proposals for
|
0008| any major procurement, the financial responsibility, security
|
0009| and integrity of any party whose proposal is under final
|
0010| consideration. The board shall require a background
|
0011| investigation of any person with a substantial interest, as
|
0012| defined by the board, in a party whose proposal is under final
|
0013| consideration. A background investigation shall include credit
|
0014| checks, police record checks, conviction record checks, national
|
0015| and statewide criminal records clearinghouse checks and
|
0016| fingerprint checks. Each party whose proposal is under final
|
0017| consideration shall pay the costs of that party's background
|
0018| investigation.
|
0019| D. No major procurement shall be entered into if any
|
0020| person with a substantial interest, as defined by the board, in
|
0021| the person making a major procurement proposal has been
|
0022| convicted of a felony or any crime involving gambling, moral
|
0023| turpitude, fraud or theft.
|
0024| E. A vendor shall report an arrest for or conviction
|
0025| of a felony or any crime involving gambling, moral turpitude,
|
0001| fraud or theft for any person with a substantial interest in
|
0002| that vendor to the board within three days of such arrest or
|
0003| conviction.
|
0004| F. No major procurement proposal shall be approved
|
0005| by the board if the person making the proposal makes a material
|
0006| misrepresentation of fact in his proposal or during the proposal
|
0007| review process or if the person making the proposal fails to
|
0008| comply with this section. Any contract entered into with a
|
0009| vendor who has made a material misrepresentation of fact or has
|
0010| failed to comply with this section shall be void.
|
0011| G. This section shall be construed broadly and
|
0012| liberally to achieve the end of full disclosure of all
|
0013| information necessary to allow for a full, complete and ongoing
|
0014| evaluation by the board of the competence, integrity,
|
0015| background, character and nature of the ownership and control of
|
0016| vendors.
|
0017| Section 22. [NEW MATERIAL] MAJOR PROCUREMENT--VENDOR--PERFORMANCE BOND.--Each vendor shall post a performance bond
|
0018| with the board, using a surety acceptable to the board, in
|
0019| consultation with the superintendent of insurance in an amount
|
0020| equal to the full amount estimated to be paid annually to the
|
0021| vendor under the contract. Nothing in the Video Gaming Act
|
0022| shall be construed to restrict the authority of the board to
|
0023| specify liquidated or other damages in contracts with vendors.
|
0024| Section 23. [NEW MATERIAL] LICENSING.--
|
0025| A. No person may sell, service, install or allow
|
0001| play on video gaming machines or sell, service or install
|
0002| associated equipment without first obtaining a license from the
|
0003| board pursuant to the Video Gaming Act.
|
0004| B. The board shall adopt regulations concerning
|
0005| licensing criteria. The regulations shall require that it
|
0006| consider an applicant's financial responsibility, the security
|
0007| of the applicant's place of business or activity and the
|
0008| integrity and reputation of the applicant. It is unlawful to
|
0009| consider political affiliation, activities or monetary
|
0010| contributions to political organizations or candidates for any
|
0011| public office.
|
0012| C. Video gaming licensees shall be granted a license
|
0013| to operate a specific number of video gaming machines on
|
0014| premises identified in the license application consistent with
|
0015| the Video Gaming Act. In the event that a video gaming licensee
|
0016| desires to change the number of machines in operation on his
|
0017| premises, the video gaming licensee shall apply to the board for
|
0018| an amendment to his license authorizing a change in the number
|
0019| of machines.
|
0020| D. Applicants for licensure, renewal or amendment
|
0021| shall pay a fee to the board to be submitted with the
|
0022| application not to exceed the following:
|
0023| (1) video gaming licensees, twenty-five dollars
|
0024| ($25.00) for each video gaming machine;
|
0025| (2) operators, three thousand ($3,000) for
|
0001| initial licensure and one thousand five hundred dollars ($1,500)
|
0002| for annual renewal;
|
0003| (3) distributors, five thousand dollars
|
0004| ($5,000) for initial licensure and two thousand five hundred
|
0005| dollars ($2,500) annually for renewal;
|
0006| (4) manufacturers, ten thousand dollars
|
0007| ($10,000) for initial licensure and five thousand dollars
|
0008| ($5,000) annually for renewal; and
|
0009| (5) gaming manager, one hundred dollars ($100)
|
0010| annually.
|
0011| E. Licenses issued pursuant to the Video Gaming Act
|
0012| shall be valid for one year. Upon application for renewal, the
|
0013| board may require additional information as it deems necessary
|
0014| to evaluate the renewal application.
|
0015| F. The board shall require background investigations
|
0016| of any person with a substantial interest, as defined by the
|
0017| board, in an applicant. Background investigations shall include
|
0018| but not be limited to credit checks, police record checks,
|
0019| conviction record checks, national and statewide criminal
|
0020| records clearinghouse checks and fingerprint checks. The
|
0021| applicant shall pay the costs of the background investigation.
|
0022| G. No license shall be granted to an applicant if an
|
0023| officer of a licensed club or any person with a substantial
|
0024| interest, as defined by the board, in the applicant has been
|
0025| convicted of a felony or a crime involving gambling, moral
|
0001| turpitude, fraud or theft within ten years prior to the
|
0002| application.
|
0003| H. The licensee shall report the arrest for or
|
0004| conviction of a felony or any crime involving gambling, moral
|
0005| turpitude, fraud or theft of an officer of a licensed club or of
|
0006| any person with a substantial interest in that licensee to the
|
0007| board within ten days of the person's arrest or conviction.
|
0008| I. No license shall be granted by the board if the
|
0009| applicant makes a material misrepresentation of fact in his
|
0010| application or during the application process or if the
|
0011| applicant fails to comply with this section. Any license
|
0012| granted to an applicant who has made a material
|
0013| misrepresentation of fact or has failed to comply with this
|
0014| section shall be void. The board may deny any application for
|
0015| or limit or condition any license.
|
0016| J. The burden of proving qualifications for
|
0017| licensure is on the applicant.
|
0018| K. If an application is denied, the board shall
|
0019| prepare and make available to the applicant a written decision
|
0020| upon which the order denying the application is based.
|
0021| L. No video gaming licensee shall engage in business
|
0022| primarily to operate video gaming machines.
|
0023| M. No licensee may transfer a license to another
|
0024| person. For purposes of this section, "transfer" means a change
|
0025| in ownership or control of the licensee involving five percent
|
0001| or more of the ownership or control interest of the licensee. A
|
0002| licensee shall notify the board of any transfer.
|
0003| N. The holder of any license does not acquire any
|
0004| vested interest or right in or under the license, and a license
|
0005| issued pursuant to the Video Gaming Act is a revocable
|
0006| privilege.
|
0007| O. This section shall be construed broadly and
|
0008| liberally to achieve the end of full disclosure of all
|
0009| information necessary to allow for a full and complete
|
0010| evaluation by the board of an applicant's fitness.
|
0011| P. The license fees paid to the board pursuant to
|
0012| this section in fiscal years 1996 through 1998 are appropriated
|
0013| to the board for expenditure in fiscal years 1996 through 1998
|
0014| for the purpose funding the costs of creating the regulatory,
|
0015| security and enforcement infrastructure required to implement
|
0016| the Video Gaming Act.
|
0017| Section 24. [NEW MATERIAL] LICENSURE--LICENSED CLUBS--VIDEO GAMING--NET TAKE DISTRIBUTIONS.--
|
0018| A. A nonprofit organization may apply for and may be
|
0019| issued a license as a video gaming licensee by the board to
|
0020| offer video gaming on its club premises pursuant to the Video
|
0021| Gaming Act and the regulations adopted to implement and enforce
|
0022| that act. A nonprofit organization that is a video licensee is
|
0023| a licensed club.
|
0024| B. No more than five video gaming machines per each
|
0025| one hundred members of a licensed club, not to exceed twenty-five video gaming machines, may be offered for play on the
|
0001| premises of a licensed club.
|
0002| C. Nothing in the Video Gaming Act shall prevent a
|
0003| licensed club from owning the video gaming machines placed on
|
0004| that club's premises; provided that the video gaming machines
|
0005| comply with the Video Gaming Act and the regulations adopted
|
0006| pursuant to that act.
|
0007| D. No licensed club shall permit play on video
|
0008| gaming machines on that club's premises on Tuesdays through
|
0009| Saturdays between the hours of 2:00 a.m. and 7:00 a.m., on
|
0010| Sundays between the hours of 2:00 a.m. and noon and on Mondays
|
0011| between the hours of midnight and 7:00 a.m.
|
0012| E. Video game jackpots or prizes shall not exceed a
|
0013| value of five thousand dollars ($5,000).
|
0014| F. Plays on video gaming machines shall not exceed:
|
0015| (1) on five, ten, and twenty-five cent video
|
0016| gaming machines, not including video poker machines, not more
|
0017| than thirty-two credits;
|
0018| (2) on five, ten and twenty-five cent video
|
0019| poker machines, not more than thirty-two credits; and
|
0020| (3) on dollar video gaming machines, not more
|
0021| than five credits.
|
0022| G. Licensed clubs shall use a minimum of twenty
|
0023| percent of the net take of each video gaming machine for
|
0024| charitable or benevolent purposes as described in the bylaws or
|
0025| charter of the organization.
|
0001| H. Licensed clubs shall submit an accounting of
|
0002| distributions made pursuant to Subsection G of this section to
|
0003| the board by December 31 of each calendar year for distributions
|
0004| made in the fiscal year ending June 30 of that year.
|
0005| Section 25. [NEW MATERIAL] GAME MANAGER'S LICENSE.--
|
0006| A. All games of chance conducted by a licensed club
|
0007| shall be under the supervision of a game manager or assistant
|
0008| game manager. A game manager is responsible for the accounting
|
0009| and security of all income received by the licensed club from
|
0010| video gaming machines and for ensuring that the conduct of all
|
0011| video gaming is in compliance with all laws and regulations.
|
0012| B. A licensed club may not have more than one game
|
0013| manager and two assistant game managers at any time.
|
0014| C. A person may not serve as a game manager or an
|
0015| assistant game manager for a licensed club unless the person has
|
0016| been issued a valid game manager's license by the board. The
|
0017| board shall not issue a game manager's license to a person who
|
0018| is a manufacturer, distributor, operator, licensed club or
|
0019| person having a substantial financial interest, as defined by
|
0020| the board, in a manufacturer, distributor, operator or a
|
0021| licensed club.
|
0022| D. The board may by regulation require all game
|
0023| managers to receive training prior to assuming the duties of a
|
0024| game manager and periodic training regarding the lawful control
|
0025| of video gaming.
|
0001| Section 26. [NEW MATERIAL] VIDEO GAMING LICENSEES--GENERAL RESTRICTIONS--PLAYER AGE LIMIT--RULES FOR PLACEMENT.--
|
0002| A. No person under twenty-one years of age may play
|
0003| a video gaming machine licensed pursuant to the Video Gaming
|
0004| Act.
|
0005| B. Video gaming machines may only be available for
|
0006| play in an area restricted to persons twenty-one years of age or
|
0007| older. A video gaming licensee shall erect a "permanent
|
0008| physical barrier" to allow for multiple uses of the premises by
|
0009| persons of all ages. For purposes of this section, "permanent
|
0010| physical barrier" means a floor-to-ceiling wall separating the
|
0011| general areas from the restricted areas. The entrance to the
|
0012| area where video gaming machines are located shall display a
|
0013| sign that the premises are restricted to persons twenty-one
|
0014| years or older. Persons under the age of twenty-one shall not
|
0015| enter the premises where video gaming machines are located.
|
0016| C. A person who violates the provisions of this
|
0017| section is guilty of a misdemeanor and upon conviction shall be
|
0018| sentenced pursuant to the provisions of Section 31-19-1 NMSA
|
0019| 1978.
|
0020| Section 27. [NEW MATERIAL] MULTIPLE TYPES OF LICENSES
|
0021| PROHIBITED.--A manufacturer, distributor or operator shall
|
0022| not be licensed as or own, manage or control a video gaming
|
0023| licensee. A manufacturer shall not be licensed as or own,
|
0024| manage or control an operator.
|
0025| Section 28. [NEW MATERIAL] REVOCATION--CONTRACT--LICENSE.--
|
0001| A. Failure of a vendor to comply with any provision
|
0002| of the Video Gaming Act or the regulations adopted pursuant to
|
0003| that act shall be sufficient cause for suspension or termination
|
0004| of a procurement contract; provided, however, suspension or
|
0005| termination of a procurement contract shall not relieve the
|
0006| vendor from prosecution for any of the alleged violations or
|
0007| from imposition of fines and penalties.
|
0008| B. If a licensee fails to respond to a written
|
0009| request from the board or violates any provision of the Video
|
0010| Gaming Act or any regulation adopted pursuant to that act, the
|
0011| license of the offending licensee may be suspended, canceled or
|
0012| revoked by the board; provided, however, the licensee shall have
|
0013| reasonable notice and opportunity to be heard before the board
|
0014| before suspension, cancellation, limitation or revocation; and
|
0015| provided, further, the suspension, cancellation, limitation or
|
0016| revocation of any license does not relieve the licensee from
|
0017| prosecution for any of the alleged violations or from imposition
|
0018| of fines and penalties.
|
0019| C. The board may levy a fine against a vendor or
|
0020| licensee for violation of the provisions of the Video Gaming Act
|
0021| or regulations adopted pursuant to that act, not to exceed ten
|
0022| thousand dollars ($10,000) per violation; provided, however, the
|
0023| licensee has a reasonable opportunity to be heard by the board
|
0024| before the imposition of the fine. Nothing in this section
|
0025| limits the board from pursuing contractual remedies, including
|
0001| assessing penalties, pursuant to the terms of a contract with a
|
0002| vendor.
|
0003| Section 29. [NEW MATERIAL] EMERGENCY ORDERS OF BOARD.--
|
0004| A. The board may issue an emergency order for
|
0005| suspension or limitation of a license.
|
0006| B. An emergency order may be issued only when the
|
0007| board finds that:
|
0008| (1) a licensee has failed to report, pay or
|
0009| truthfully account for and remit any fee, fine or tax imposed by
|
0010| or owed under the provisions of the Video Gaming Act or
|
0011| attempted in any manner to evade or defeat a fee, debt or
|
0012| required payment;
|
0013| (2) a licensee has violated any provision of
|
0014| the Video Gaming Act and the violation impairs the security of
|
0015| video gaming activities; or
|
0016| (3) a licensee is convicted of a felony or any
|
0017| crime other than a petty misdemeanor, involving gambling, moral
|
0018| turpitude, fraud or theft.
|
0019| C. The emergency order shall set forth the grounds
|
0020| upon which it is issued, including a statement of facts
|
0021| constituting the alleged emergency necessitating the action.
|
0022| D. An emergency order may be issued only with the
|
0023| approval of and upon signature of three members of the board.
|
0024| E. The emergency order is effective immediately upon
|
0025| issuance and service upon the licensee, game manager or resident
|
0001| agent of the licensee. The emergency order remains effective
|
0002| until further order of the board.
|
0003| F. The licensee may request that a hearing be held
|
0004| by the board regarding the issuance and maintenance of the
|
0005| emergency order. The board shall then hold a hearing within
|
0006| twenty days.
|
0007| Section 30. [NEW MATERIAL] COMMUNICATIONS SYSTEM.--Each
|
0008| video gaming machine within eighteen months from the date on
|
0009| which the Video Gaming Act becomes effective shall be linked to
|
0010| a central communications system to provide auditing program and
|
0011| financial information as required by the board. No
|
0012| communications system required by the board shall limit
|
0013| participation to only one manufacturer of video gaming machines
|
0014| by either cost of implementing the necessary program
|
0015| modifications to communicate or the inability to communicate
|
0016| with the communications system.
|
0017| Section 31. [NEW MATERIAL] VIDEO GAMING LICENSEE--STATE
|
0018| REVENUE--DEPOSITS--PROHIBITIONS--DELINQUENT CHILD SUPPORT.--
|
0019| A. The taxation and revenue department may require
|
0020| each video gaming licensee to deposit all money owed to the
|
0021| state pursuant to provisions of the Video Gaming Act into
|
0022| financial institutions designated by that department for credit
|
0023| to the state gaming fund.
|
0024| B. The taxation and revenue department may authorize
|
0025| the electronic transfer of money from the accounts of video
|
0001| gaming licensees to the state gaming fund.
|
0002| C. No video gaming machine shall be played by and no
|
0003| prize shall be awarded to any video gaming licensee or business
|
0004| that is engaged in supplying associated equipment, supplies or
|
0005| services being used in the operation of video gaming machines or
|
0006| any officer, member of the board of directors, employee or owner
|
0007| of a licensee or associated equipment business unless authorized
|
0008| in writing by the board for research purposes. However, no
|
0009| prize may be awarded as a result of play for research purposes.
|
0010| D. The board shall implement a procedure to recover
|
0011| delinquent child support payments or outstanding state tax
|
0012| liability from payment of video gaming prizes in excess of six
|
0013| hundred dollars ($600). The licensee shall credit any video
|
0014| gaming prize first against any delinquent child support owed by
|
0015| the winner and second against any outstanding state tax
|
0016| liability owed by the winner and shall pay the balance of the
|
0017| prize to the winner. The procedure shall ensure that any person
|
0018| who investigates the money owed by the prizewinner shall have no
|
0019| liability to a person to whom a delinquent child support payment
|
0020| may be owed, the human services department or the taxation and
|
0021| revenue department if the investigator fails to discover that a
|
0022| winner owes money that is to be applied according to the policy.
|
0023| Section 32. [NEW MATERIAL] REQUIREMENTS FOR LICENSED
|
0024| VIDEO GAMING MACHINES.--
|
0025| A. Each video gaming machine licensed pursuant to
|
0001| the Video Gaming Act shall:
|
0002| (1) offer only games authorized by the board;
|
0003| (2) not have any means of manipulation that
|
0004| affects the random probabilities of winning;
|
0005| (3) have nonresettable meters that keep a
|
0006| permanent record of all cash inserted into the machine and all
|
0007| awards of prizes, whether in cash or by voucher;
|
0008| (4) have accounting software that keeps an
|
0009| electronic record that includes but is not limited to the
|
0010| following:
|
0011| (a) total cash inserted into the machine;
|
0012| (b) the value of cash or vouchers paid to
|
0013| players and the date and time of payment; and
|
0014| (c) the payback percentage credited to
|
0015| players of each video gaming machine; and
|
0016| (5) be linked to a central communications
|
0017| system to provide auditing program information as required by
|
0018| the board.
|
0019| B. The board shall, on or before January 1, 1997,
|
0020| adopt by regulation mechanical and electronic standards for
|
0021| video gaming machines and slot machines, ensuring the integrity,
|
0022| honesty and security of the machines, which standards shall not
|
0023| be more lenient than those applied to similar machines in lawful
|
0024| use within the United States by any other jurisdiction
|
0025| regulating the conduct of video machine and slot machine gaming.
|
0001| C. The board shall examine prototypes of video
|
0002| gaming machines of licensed manufacturers. The director shall
|
0003| require the manufacturer seeking the examination and approval of
|
0004| a video gaming machine or associated equipment to pay the
|
0005| anticipated actual costs of the examination in advance and,
|
0006| after the completion of the examination, shall refund
|
0007| overpayments or charge and collect amounts sufficient to
|
0008| reimburse the director for underpayment of actual costs. The
|
0009| board may contract for the examination of video gaming machines
|
0010| and associated equipment as required by this section.
|
0011| D. Each video gaming machine shall be licensed by
|
0012| the board before placement or operation on the premises of a
|
0013| video gaming licensee. Each machine shall have the license
|
0014| prominently displayed on it in such a way that an attempt at
|
0015| alteration will result in a mutilation of the license. Any
|
0016| machine that does not display the license required by this
|
0017| section is contraband and a public nuisance subject to
|
0018| confiscation by any law enforcement or peace officer.
|
0019| Section 33. [NEW MATERIAL] PROHIBITED ACTS--VIOLATIONS--PENALTIES.--
|
0020| A. It is a misdemeanor for a video gaming licensee
|
0021| to fail to make available to the board all records pertaining to
|
0022| accounts maintained for revenue derived from the operation of
|
0023| video gaming machines.
|
0024| B. It is a misdemeanor for any video gaming licensee
|
0025| to knowingly allow any person under twenty-one years of age to
|
0001| play a video gaming machine.
|
0002| C. It is a misdemeanor for a person under twenty-one
|
0003| years of age to play a video gaming machine.
|
0004| D. It is a misdemeanor to release any information
|
0005| obtained through a background investigation performed by the
|
0006| superintendent or the department of public safety without the
|
0007| prior written consent of the subject of the investigation,
|
0008| except as provided otherwise in the Video Gaming Act.
|
0009| E. It is a fourth degree felony to tamper with a
|
0010| video gaming machine with intent to interfere with the proper
|
0011| operation and reporting of the video gaming machine.
|
0012| F. It is a fourth degree felony to tamper with or
|
0013| falsify a voucher or to tamper with a video gaming machine with
|
0014| intent to manipulate the outcome or payoff of the video gaming
|
0015| machine.
|
0016| G. It is a fourth degree felony to have an
|
0017| unlicensed video gaming machine on the premises of a licensed
|
0018| club.
|
0019| H. It is a fourth degree felony to provide false
|
0020| information or to intentionally make a material
|
0021| misrepresentation of fact to the board or superintendent for
|
0022| purposes of applying for a contract or a license or for purposes
|
0023| of completing a background investigation pursuant to the Video
|
0024| Gaming Act.
|
0025| I. Any person convicted of a violation of
|
0001| Subsections A through D of this section shall be sentenced
|
0002| pursuant to the provisions of Section 31-19-1 NMSA 1978. Any
|
0003| person convicted of a violation of Subsections E through H of
|
0004| this section shall be sentenced pursuant to the provisions of
|
0005| Section 31-18-15 NMSA 1978.
|
0006| Section 34. [NEW MATERIAL] DISTRICT COURT OF SANTA FE
|
0007| COUNTY--JURISDICTION--APPEAL.--The district court of Santa Fe
|
0008| county has exclusive original jurisdiction of all legal
|
0009| proceedings, except criminal actions, related to the
|
0010| administration, enforcement or fulfillment of the
|
0011| responsibilities, duties or functions performed pursuant to the
|
0012| Video Gaming Act. An aggrieved party, including a party subject
|
0013| to a fine, may seek review of an order or decision of the board
|
0014| by filing an appeal with the district court of Santa Fe county
|
0015| within thirty days after the date of the order or decision.
|
0016| Section 35. [NEW MATERIAL] EXEMPTION FROM LOCAL TAXES.--Video gaming machines licensed and operated pursuant to the
|
0017| Video Gaming Act are exempt from any local tax except property
|
0018| taxes assessed by any political subdivision of the state having
|
0019| the power to levy, assess or collect such a tax.
|
0020| Section 36. [NEW MATERIAL] LOCAL LAWS PREEMPTED--APPLICABILITY OF OTHER LAWS.--The Video Gaming Act shall be
|
0021| applied uniformly throughout the state and to all political
|
0022| subdivisions of the state, and no local authority shall enact
|
0023| any ordinances, rules or regulations that expand or conflict
|
0024| with the provisions of that act.
|
0025| Section 37. Section 7-1-2 NMSA 1978 (being Laws 1965,
|
0001| Chapter 248, Section 2, as amended) is amended to read:
|
0002| "7-1-2. APPLICABILITY.--The Tax Administration Act applies
|
0003| to and governs:
|
0004| A. the administration and enforcement of the
|
0005| following taxes or tax acts as they now exist or may hereafter
|
0006| be amended:
|
0007| (1) Income Tax Act;
|
0008| (2) Withholding Tax Act;
|
0009| (3) Gross Receipts and Compensating Tax Act and
|
0010| any state gross receipts tax;
|
0011| (4) Liquor Excise Tax Act;
|
0012| (5) Local Liquor Excise Tax Act;
|
0013| [(6) Banking and Financial Corporations Tax
|
0014| Act;
|
0015| (7)] (6) any municipal local option gross
|
0016| receipts tax;
|
0017| [(8)] (7) any county local option gross
|
0018| receipts tax;
|
0019| [(9)] (8) Special Fuels Supplier Tax Act;
|
0020| [(10)] (9) Gasoline Tax Act;
|
0021| [(11] (10) petroleum products loading fee,
|
0022| which fee shall be considered a tax for the purpose of the Tax
|
0023| Administration Act;
|
0024| [(12)] (11) Cigarette Tax Act;
|
0025| [(13)] (12) Estate Tax Act;
|
0001| [(14)] (13) Railroad Car Company Tax Act;
|
0002| [(15)] (14) Investment Credit Act;
|
0003| [(16)] (15) Corporate Income Tax Act;
|
0004| [(17)] (16) Corporate Income and Franchise
|
0005| Tax Act;
|
0006| [(18)] (17) Uniform Division of Income for
|
0007| Tax Purposes Act;
|
0008| [(19)] (18) Multistate Tax Compact;
|
0009| [(20)] (19) Tobacco Products Tax Act;
|
0010| [(21)] (20) Filmmaker's Credit Act; and
|
0011| [(22)] (21) the telecommunications relay
|
0012| service surcharge imposed by Section 63-9F-11 NMSA 1978, which
|
0013| surcharge shall be considered a tax for the purposes of the Tax
|
0014| Administration Act;
|
0015| B. the administration and enforcement of the
|
0016| following taxes, surtaxes, advanced payments or tax acts as they
|
0017| now exist or may hereafter be amended:
|
0018| (1) Resources Excise Tax Act;
|
0019| (2) Severance Tax Act;
|
0020| (3) any severance surtax;
|
0021| (4) Oil and Gas Severance Tax Act;
|
0022| (5) Oil and Gas Conservation Tax Act;
|
0023| (6) Oil and Gas Emergency School Tax Act;
|
0024| (7) Oil and Gas Ad Valorem Production Tax Act;
|
0025| (8) Natural Gas Processors Tax Act;
|
0001| (9) Oil and Gas Production Equipment Ad Valorem
|
0002| Tax Act;
|
0003| (10) Copper Production Ad Valorem Tax Act; and
|
0004| (11) any advance payment required to be made by
|
0005| any act specified in this subsection, which advance payment
|
0006| shall be considered a tax for the purposes of the Tax
|
0007| Administration Act;
|
0008| C. the administration and enforcement of the
|
0009| following taxes, surcharges, fees or acts as they now exist or
|
0010| may hereafter be amended:
|
0011| (1) Weight Distance Tax Act;
|
0012| (2) Special Fuels Tax Act;
|
0013| (3) the workers' compensation fee authorized by
|
0014| Section 52-5-19 NMSA 1978, which fee shall be considered a tax
|
0015| for purposes of the Tax Administration Act;
|
0016| (4) Controlled Substance Tax Act;
|
0017| (5) Uniform Unclaimed Property Act;
|
0018| (6) 911 emergency surcharge and the network and
|
0019| database surcharge, which surcharges shall be considered taxes
|
0020| for purposes of the Tax Administration Act;
|
0021| (7) the solid waste assessment fee authorized
|
0022| by the Solid Waste Act, which fee shall be considered a tax for
|
0023| purposes of the Tax Administration Act; [and]
|
0024| (8) the water conservation fee imposed by
|
0025| Section 74-1-13 NMSA 1978, which fee shall be considered a tax
|
0001| for the purposes of the Tax Administration Act; and
|
0002| (9) the gaming tax imposed pursuant to the
|
0003| Video Gaming Act; and
|
0004| D. the administration and enforcement of all other
|
0005| laws, with respect to which the department is charged with
|
0006| responsibilities pursuant to the Tax Administration Act, but
|
0007| only to the extent that such other laws do not conflict with the
|
0008| Tax Administration Act."
|
0009| Section 38. A new section of the Tax Administration Act is
|
0010| enacted to read:
|
0011| "[NEW MATERIAL] DISTRIBUTION OF GAMING TAX.--A
|
0012| distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made
|
0013| to the video gaming fund of the net receipts attributable to the
|
0014| gaming tax."
|
0015| Section 39. A new section of the Gross Receipts and
|
0016| Compensating Tax Act is enacted to read:
|
0017| "[NEW MATERIAL] DEDUCTION--GROSS RECEIPTS TAX.--Receipts
|
0018| of video gaming licensees from the operation of video gaming
|
0019| machines pursuant to the Video Gaming Act may be deducted from
|
0020| gross receipts."
|
0021| Section 40. Section 10-15-1 NMSA 1978 (being Laws 1974,
|
0022| Chapter 91, Section 1, as amended) is amended to read:
|
0023| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN
|
0024| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.--
|
0025| A. In recognition of the fact that a representative
|
0001| government is dependent upon an informed electorate, it is
|
0002| declared to be public policy of this state that all persons are
|
0003| entitled to the greatest possible information regarding the
|
0004| affairs of government and the official acts of those officers
|
0005| and employees who represent them. The formation of public
|
0006| policy or the conduct of business by vote shall not be conducted
|
0007| in closed meeting. All meetings of any public body except the
|
0008| legislature and the courts shall be public meetings, and all
|
0009| persons so desiring shall be permitted to attend and listen to
|
0010| the deliberations and proceedings. Reasonable efforts shall be
|
0011| made to accommodate the use of audio and video recording
|
0012| devices.
|
0013| B. All meetings of a quorum of members of any board,
|
0014| commission, administrative adjudicatory body or other
|
0015| policymaking body of any state agency, any agency or authority
|
0016| of any county, municipality, district or any political
|
0017| subdivision, held for the purpose of formulating public policy,
|
0018| including the development of personnel policy, rules,
|
0019| regulations or ordinances, discussing public business or for the
|
0020| purpose of taking any action within the authority of or the
|
0021| delegated authority of any board, commission or other
|
0022| policymaking body are declared to be public meetings open to the
|
0023| public at all times, except as otherwise provided in the
|
0024| constitution of New Mexico or the Open Meetings Act. No public
|
0025| meeting once convened that is otherwise required to be open
|
0001| pursuant to the Open Meetings Act shall be closed or dissolved
|
0002| into small groups or committees for the purpose of permitting
|
0003| the closing of the meeting.
|
0004| C. If otherwise allowed by law or rule of the public
|
0005| body, a member of a public body may participate in a meeting of
|
0006| the public body by means of a conference telephone or other
|
0007| similar communications equipment when it is otherwise difficult
|
0008| or impossible for the member to attend the meeting in person,
|
0009| provided that each member participating by conference telephone
|
0010| can be identified when speaking, all participants are able to
|
0011| hear each other at the same time and members of the public
|
0012| attending the meeting are able to hear any member of the public
|
0013| body who speaks during the meeting.
|
0014| D. Any meetings at which the discussion or adoption
|
0015| of any proposed resolution, regulation or formal action occurs
|
0016| and at which a majority or quorum of the body is in attendance,
|
0017| and any closed meetings, shall be held only after reasonable
|
0018| notice to the public. The affected body shall determine at
|
0019| least annually in a public meeting what notice for a public
|
0020| meeting is reasonable when applied to that body. That notice
|
0021| shall include broadcast stations licensed by the federal
|
0022| communications commission and newspapers of general circulation
|
0023| that have provided a written request for such notice.
|
0024| E. A public body may recess and reconvene a meeting
|
0025| to a day subsequent to that stated in the meeting notice if,
|
0001| prior to recessing, the public body specifies the date, time and
|
0002| place for continuation of the meeting, and, immediately
|
0003| following the recessed meeting, posts notice of the date, time
|
0004| and place for the reconvened meeting on or near the door of the
|
0005| place where the original meeting was held and in at least one
|
0006| other location appropriate to provide public notice of the
|
0007| continuation of the meeting. Only matters appearing on the
|
0008| agenda of the original meeting may be discussed at the
|
0009| reconvened meeting.
|
0010| F. Meeting notices shall include an agenda
|
0011| containing a list of specific items of business to be discussed
|
0012| or transacted at the meeting or information on how the public
|
0013| may obtain a copy of such an agenda. Except in the case of an
|
0014| emergency, the agenda shall be available to the public at least
|
0015| twenty-four hours prior to the meeting. Except for emergency
|
0016| matters, a public body shall take action only on items appearing
|
0017| on the agenda. For purposes of this subsection, an "emergency"
|
0018| refers to unforeseen circumstances that, if not addressed
|
0019| immediately by the public body, will likely result in injury or
|
0020| damage to persons or property or substantial financial loss to
|
0021| the public body.
|
0022| G. The board, commission or other policymaking body
|
0023| shall keep written minutes of all its meetings. The minutes
|
0024| shall include at a minimum the date, time and place of the
|
0025| meeting, the names of members in attendance and those absent,
|
0001| the substance of the proposals considered and a record of any
|
0002| decisions and votes taken that show how each member voted. All
|
0003| minutes are open to public inspection. Draft minutes shall be
|
0004| prepared within ten working days after the meeting and shall be
|
0005| approved, amended or disapproved at the next meeting where a
|
0006| quorum is present. Minutes shall not become official until
|
0007| approved by the policymaking body.
|
0008| H. The provisions of Subsections A, B and G of this
|
0009| section do not apply to:
|
0010| (1) meetings pertaining to issuance,
|
0011| suspension, renewal or revocation of a license, except that a
|
0012| hearing at which evidence is offered or rebutted shall be open.
|
0013| All final actions on the issuance, suspension, renewal or
|
0014| revocation of a license shall be taken at an open meeting;
|
0015| (2) limited personnel matters; provided that
|
0016| for purposes of the Open Meetings Act, "limited personnel
|
0017| matters" means the discussion of hiring, promotion, demotion,
|
0018| dismissal, assignment or resignation of or the investigation or
|
0019| consideration of complaints or charges against any individual
|
0020| public employee; provided further that this subsection is not to
|
0021| be construed as to exempt final actions on personnel from being
|
0022| taken at open public meetings, nor does it preclude an aggrieved
|
0023| public employee from demanding a public hearing. Judicial
|
0024| candidates interviewed by any commission shall have the right to
|
0025| demand an open interview;
|
0001| (3) deliberations by a public body in
|
0002| connection with an administrative adjudicatory proceeding. For
|
0003| purposes of this paragraph, an "administrative adjudicatory
|
0004| proceeding" means a proceeding brought by or against a person
|
0005| before a public body in which individual legal rights, duties or
|
0006| privileges are required by law to be determined by the public
|
0007| body after an opportunity for a trial-type hearing. Except as
|
0008| otherwise provided in this section, the actual administrative
|
0009| adjudicatory proceeding at which evidence is offered or rebutted
|
0010| and any final action taken as a result of the proceeding shall
|
0011| occur in an open meeting;
|
0012| (4) the discussion of personally identifiable
|
0013| information about any individual student, unless the student,
|
0014| his parent or guardian requests otherwise;
|
0015| (5) meetings for the discussion of bargaining
|
0016| strategy preliminary to collective bargaining negotiations
|
0017| between the policymaking body and a bargaining unit representing
|
0018| the employees of that policymaking body and collective
|
0019| bargaining sessions at which the policymaking body and the
|
0020| representatives of the collective bargaining unit are present;
|
0021| (6) that portion of meetings at which a
|
0022| decision concerning purchases in an amount exceeding two
|
0023| thousand five hundred dollars ($2,500) that can be made only
|
0024| from one source, that portion of meetings dealing with
|
0025| confidential or proprietary information regarding procurement
|
0001| made pursuant to the Video Gaming Act and that portion of
|
0002| meetings at which the contents of competitive sealed proposals
|
0003| solicited pursuant to the Procurement Code are discussed during
|
0004| the contract negotiation process. The actual approval of
|
0005| purchase of the item or final action regarding the selection of
|
0006| a contractor shall be made in an open meeting;
|
0007| (7) meetings subject to the attorney-client
|
0008| privilege pertaining to threatened or pending litigation in
|
0009| which the public body is or may become a participant;
|
0010| (8) meetings for the discussion of the
|
0011| purchase, acquisition or disposal of real property or water
|
0012| rights by the public body; and
|
0013| (9) those portions of meetings of committees or
|
0014| boards of public hospitals that receive less than fifty percent
|
0015| of their operating budget from direct public funds and
|
0016| appropriations where strategic and long-range business plans are
|
0017| discussed.
|
0018| I. If any meeting is closed pursuant to the
|
0019| exclusions contained in Subsection H of this section, the
|
0020| closure:
|
0021| (1) if made in an open meeting, shall be
|
0022| approved by a majority vote of a quorum of the policymaking
|
0023| body; the authority for the closure and the subject to be
|
0024| discussed shall be stated with reasonable specificity in the
|
0025| motion calling for the vote on a closed meeting; the vote shall
|
0001| be taken in an open meeting; and the vote of each individual
|
0002| member shall be recorded in the minutes. Only those subjects
|
0003| announced or voted upon prior to closure by the policymaking
|
0004| body may be discussed in a closed meeting; and
|
0005| (2) if called for when the policymaking body is
|
0006| not in an open meeting, shall not be held until public notice,
|
0007| appropriate under the circumstances, stating the specific
|
0008| provision of the law authorizing the closed meeting and stating
|
0009| with reasonable specificity the subject to be discussed is given
|
0010| to the members and to the general public.
|
0011| J. Following completion of any closed meeting, the
|
0012| minutes of the open meeting that was closed or the minutes of
|
0013| the next open meeting if the closed meeting was separately
|
0014| scheduled shall state that the matters discussed in the closed
|
0015| meeting were limited only to those specified in the motion for
|
0016| closure or in the notice of the separate closed meeting. This
|
0017| statement shall be approved by the public body under Subsection
|
0018| G of this section as part of the minutes."
|
0019| Section 41. Section 10-15-1 NMSA 1978 (being Laws 1974,
|
0020| Chapter 91, Section 1, as amended) is amended to read:
|
0021| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN
|
0022| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.--
|
0023| A. In recognition of the fact that a representative
|
0024| government is dependent upon an informed electorate, it is
|
0025| declared to be public policy of this state that all persons are
|
0001| entitled to the greatest possible information regarding the
|
0002| affairs of government and the official acts of those officers
|
0003| and employees who represent them. The formation of public
|
0004| policy or the conduct of business by vote shall not be conducted
|
0005| in closed meeting. All meetings of any public body except the
|
0006| legislature and the courts shall be public meetings, and all
|
0007| persons so desiring shall be permitted to attend and listen to
|
0008| the deliberations and proceedings. Reasonable efforts shall be
|
0009| made to accommodate the use of audio and video recording
|
0010| devices.
|
0011| B. All meetings of a quorum of members of any board,
|
0012| commission, administrative adjudicatory body or other
|
0013| policymaking body of any state agency, any agency or authority
|
0014| of any county, municipality, district or any political
|
0015| subdivision, held for the purpose of formulating public policy,
|
0016| including the development of personnel policy, rules,
|
0017| regulations or ordinances, discussing public business or for the
|
0018| purpose of taking any action within the authority of or the
|
0019| delegated authority of any board, commission or other
|
0020| policymaking body are declared to be public meetings open to the
|
0021| public at all times, except as otherwise provided in the
|
0022| constitution of New Mexico or the Open Meetings Act. No public
|
0023| meeting once convened that is otherwise required to be open
|
0024| pursuant to the Open Meetings Act shall be closed or dissolved
|
0025| into small groups or committees for the purpose of permitting
|
0001| the closing of the meeting.
|
0002| C. If otherwise allowed by law or rule of the public
|
0003| body, a member of a public body may participate in a meeting of
|
0004| the public body by means of a conference telephone or other
|
0005| similar communications equipment when it is otherwise difficult
|
0006| or impossible for the member to attend the meeting in person,
|
0007| provided that each member participating by conference telephone
|
0008| can be identified when speaking, all participants are able to
|
0009| hear each other at the same time and members of the public
|
0010| attending the meeting are able to hear any member of the public
|
0011| body who speaks during the meeting.
|
0012| D. Any meetings at which the discussion or adoption
|
0013| of any proposed resolution, regulation or formal action occurs
|
0014| and at which a majority or quorum of the body is in attendance,
|
0015| and any closed meetings, shall be held only after reasonable
|
0016| notice to the public. The affected body shall determine at
|
0017| least annually in a public meeting what notice for a public
|
0018| meeting is reasonable when applied to that body. That notice
|
0019| shall include broadcast stations licensed by the federal
|
0020| communications commission and newspapers of general circulation
|
0021| that have provided a written request for such notice.
|
0022| E. A public body may recess and reconvene a meeting
|
0023| to a day subsequent to that stated in the meeting notice if,
|
0024| prior to recessing, the public body specifies the date, time and
|
0025| place for continuation of the meeting, and, immediately
|
0001| following the recessed meeting, posts notice of the date, time
|
0002| and place for the reconvened meeting on or near the door of the
|
0003| place where the original meeting was held and in at least one
|
0004| other location appropriate to provide public notice of the
|
0005| continuation of the meeting. Only matters appearing on the
|
0006| agenda of the original meeting may be discussed at the
|
0007| reconvened meeting.
|
0008| F. Meeting notices shall include an agenda
|
0009| containing a list of specific items of business to be discussed
|
0010| or transacted at the meeting or information on how the public
|
0011| may obtain a copy of such an agenda. Except in the case of an
|
0012| emergency, the agenda shall be available to the public at least
|
0013| twenty-four hours prior to the meeting. Except for emergency
|
0014| matters, a public body shall take action only on items appearing
|
0015| on the agenda. For purposes of this subsection, an "emergency"
|
0016| refers to unforeseen circumstances that, if not addressed
|
0017| immediately by the public body, will likely result in injury or
|
0018| damage to persons or property or substantial financial loss to
|
0019| the public body.
|
0020| G. The board, commission or other policymaking body
|
0021| shall keep written minutes of all its meetings. The minutes
|
0022| shall include at a minimum the date, time and place of the
|
0023| meeting, the names of members in attendance and those absent,
|
0024| the substance of the proposals considered and a record of any
|
0025| decisions and votes taken that show how each member voted. All
|
0001| minutes are open to public inspection. Draft minutes shall be
|
0002| prepared within ten working days after the meeting and shall be
|
0003| approved, amended or disapproved at the next meeting where a
|
0004| quorum is present. Minutes shall not become official until
|
0005| approved by the policymaking body.
|
0006| H. The provisions of Subsections A, B and G of this
|
0007| section do not apply to:
|
0008| (1) meetings pertaining to issuance,
|
0009| suspension, renewal or revocation of a license, except that a
|
0010| hearing at which evidence is offered or rebutted shall be open.
|
0011| All final actions on the issuance, suspension, renewal or
|
0012| revocation of a license shall be taken at an open meeting;
|
0013| (2) limited personnel matters; provided that
|
0014| for purposes of the Open Meetings Act, "limited personnel
|
0015| matters" means the discussion of hiring, promotion, demotion,
|
0016| dismissal, assignment or resignation of or the investigation or
|
0017| consideration of complaints or charges against any individual
|
0018| public employee; provided further that this subsection is not to
|
0019| be construed as to exempt final actions on personnel from being
|
0020| taken at open public meetings, nor does it preclude an aggrieved
|
0021| public employee from demanding a public hearing. Judicial
|
0022| candidates interviewed by any commission shall have the right to
|
0023| demand an open interview;
|
0024| (3) deliberations by a public body in
|
0025| connection with an administrative adjudicatory proceeding. For
|
0001| purposes of this paragraph, an "administrative adjudicatory
|
0002| proceeding" means a proceeding brought by or against a person
|
0003| before a public body in which individual legal rights, duties or
|
0004| privileges are required by law to be determined by the public
|
0005| body after an opportunity for a trial-type hearing. Except as
|
0006| otherwise provided in this section, the actual administrative
|
0007| adjudicatory proceeding at which evidence is offered or rebutted
|
0008| and any final action taken as a result of the proceeding shall
|
0009| occur in an open meeting;
|
0010| (4) the discussion of personally identifiable
|
0011| information about any individual student, unless the student,
|
0012| his parent or guardian requests otherwise;
|
0013| (5) meetings for the discussion of bargaining
|
0014| strategy preliminary to collective bargaining negotiations
|
0015| between the policymaking body and a bargaining unit representing
|
0016| the employees of that policymaking body and collective
|
0017| bargaining sessions at which the policymaking body and the
|
0018| representatives of the collective bargaining unit are present;
|
0019| (6) that portion of meetings at which a
|
0020| decision concerning purchases in an amount exceeding two
|
0021| thousand five hundred dollars ($2,500) that can be made only
|
0022| from one source, that portion of meetings dealing with
|
0023| confidential or proprietary information regarding procurement
|
0024| made pursuant to the Video Gaming Act and that portion of
|
0025| meetings at which the contents of competitive sealed proposals
|
0001| solicited pursuant to the Procurement Code are discussed during
|
0002| the contract negotiation process. The actual approval of
|
0003| purchase of the item or final action regarding the selection of
|
0004| a contractor shall be made in an open meeting;
|
0005| (7) meetings subject to the attorney-client
|
0006| privilege pertaining to threatened or pending litigation in
|
0007| which the public body is or may become a participant;
|
0008| (8) meetings for the discussion of the
|
0009| purchase, acquisition or disposal of real property or water
|
0010| rights by the public body; and
|
0011| (9) those portions of meetings of committees or
|
0012| boards of public hospitals that receive less than fifty percent
|
0013| of their operating budget from direct public funds and
|
0014| appropriations where strategic and long-range business plans are
|
0015| discussed.
|
0016| I. If any meeting is closed pursuant to the
|
0017| exclusions contained in Subsection H of this section, the
|
0018| closure:
|
0019| (1) if made in an open meeting, shall be
|
0020| approved by a majority vote of a quorum of the policymaking
|
0021| body; the authority for the closure and the subject to be
|
0022| discussed shall be stated with reasonable specificity in the
|
0023| motion calling for the vote on a closed meeting; the vote shall
|
0024| be taken in an open meeting; and the vote of each individual
|
0025| member shall be recorded in the minutes. Only those subjects
|
0001| announced or voted upon prior to closure by the policymaking
|
0002| body may be discussed in a closed meeting; and
|
0003| (2) if called for when the policymaking body is
|
0004| not in an open meeting, shall not be held until public notice,
|
0005| appropriate under the circumstances, stating the specific
|
0006| provision of the law authorizing the closed meeting and stating
|
0007| with reasonable specificity the subject to be discussed is given
|
0008| to the members and to the general public.
|
0009| J. Following completion of any closed meeting, the
|
0010| minutes of the open meeting that was closed or the minutes of
|
0011| the next open meeting if the closed meeting was separately
|
0012| scheduled shall state that the matters discussed in the closed
|
0013| meeting were limited only to those specified in the motion for
|
0014| closure or in the notice of the separate closed meeting. This
|
0015| statement shall be approved by the public body under Subsection
|
0016| G of this section as part of the minutes."
|
0017| Section 42. Section 30-19-1 NMSA 1978 (being Laws 1963,
|
0018| Chapter 303, Section 19-1, as amended) is amended to read:
|
0019| "30-19-1. DEFINITIONS RELATING TO GAMBLING.--As used in
|
0020| Chapter 30, Article 19 NMSA 1978:
|
0021| A. "antique gambling device" means a gambling device
|
0022| twenty-five years of age or older and substantially in original
|
0023| condition that is not used for gambling or commercial gambling
|
0024| or located in a gambling place;
|
0025| B. "bet" means a bargain in which the parties agree
|
0001| that, dependent upon chance, even though accompanied by some
|
0002| skill, one stands to win or lose anything of value specified in
|
0003| the agreement. A "bet" does not include:
|
0004| (1) bona fide business transactions that are
|
0005| valid under the law of contracts, including [without
|
0006| limitation]:
|
0007| (a) contracts for the purchase or sale,
|
0008| at a future date, of securities or other commodities; and
|
0009| (b) agreements to compensate for loss
|
0010| caused by the happening of the chance, including [without
|
0011| limitation] contracts for indemnity or guaranty and life or
|
0012| health and accident insurance;
|
0013| (2) offers of purses, prizes or premiums to the
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0014| actual contestants in any bona fide contest for the
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0015| determination of skill, speed, strength or endurance or to the
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0016| bona fide owners of animals or vehicles entered in such contest;
|
0017| (3) a lottery as defined in this section; or
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0018| (4) betting otherwise permitted by law;
|
0019| [C. "lottery" means an enterprise other than the
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0020| New Mexico state lottery established and operated pursuant to
|
0021| the New Mexico Lottery Act wherein, for a consideration, the
|
0022| participants are given an opportunity to win a prize, the award
|
0023| of which is determined by chance, even though accompanied by
|
0024| some skill. As used in this subsection, "consideration" means
|
0025| anything of pecuniary value required to be paid to the promoter
|
0001| in order to participate in such enterprise;
|
0002| D.] C. "gambling device" means a contrivance
|
0003| other than an antique gambling device that, for a consideration,
|
0004| affords the player an opportunity to obtain anything of value,
|
0005| the award of which is determined by chance, even though
|
0006| accompanied by some skill, [and] whether or not the prize is
|
0007| automatically paid by the device, and that is not licensed for
|
0008| use pursuant to the Video Gaming Act;
|
0009| [E.] D. "gambling place" means [any] a
|
0010| building or tent, [any] a vehicle, whether self-propelled or
|
0011| not, or [any] a room within any of them that is not within
|
0012| the premises of a person licensed as a lottery retailer or to
|
0013| permit the conduct of video gaming pursuant to the New Mexico
|
0014| Lottery Act or the Video Gaming Act and one of whose principal
|
0015| uses is:
|
0016| (1) making and settling of bets;
|
0017| (2) receiving, holding, recording or forwarding
|
0018| bets or offers to bet;
|
0019| (3) conducting lotteries; or
|
0020| (4) playing gambling devices;
|
0021|
|
0022| E. "lottery" means an enterprise other than the New
|
0023| Mexico state lottery established and operated pursuant to the
|
0024| New Mexico Lottery Act wherein, for a consideration, the
|
0025| participants are given an opportunity to win a prize, the award
|
0001| of which is determined by chance, even though accompanied by
|
0002| some skill. As used in this subsection, "consideration" means
|
0003| anything of pecuniary value required to be paid to the promoter
|
0004| in order to participate in the enterprise;
|
0005| F. "raffle" means a game in which the prize is won
|
0006| by random drawing of the name or number of one or more persons
|
0007| purchasing a chance; and
|
0008| G. "video gaming machine" means any electronic or
|
0009| electromechanical device, contrivance or machine that is
|
0010| available for play upon the payment of consideration and when
|
0011| played may entitle the player to receive or may deliver to the
|
0012| player something of value, including currency, coins, premiums,
|
0013| merchandise, credits, tokens or a voucher, whether by reason of
|
0014| the skill of the player or application of the element of chance,
|
0015| or both; "video gaming machine" includes video slot machines.
|
0016| Section 43. Section 30-19-6 NMSA 1978 (being Laws 1963,
|
0017| Chapter 303, Section 19-6, as amended) is amended to read:
|
0018| "30-19-6. [PERMISSIVE LOTTERY] AUTHORIZED GAMBLING--FAIRS, THEATERS AND TAX-EXEMPT ORGANIZATIONS--VIDEO GAMBLING ACT
|
0019| AND CHARITY GAMES ACT ACTIVITIES.--
|
0020| A. Nothing in [Article 19] Chapter 30, Article
|
0021| 19 NMSA 1978 [shall be construed to apply to any] prohibits
|
0022| a sale or drawing of [any] a prize at [any] a fair held
|
0023| in this state for the benefit of [any] a church, public
|
0024| library or religious society [situate or being] located in
|
0025| this state or for charitable purposes when all the proceeds of
|
0001| [such] the fair [shall be] are expended in this state
|
0002| for the benefit of [such] that church, public library,
|
0003| religious society or for charitable purposes. A [lottery
|
0004| shall be operated] sale or drawing conducted pursuant to this
|
0005| subsection is for the benefit of the organization or charitable
|
0006| purpose only [when] if the entire proceeds [of] from the
|
0007| [lottery] sale or drawing go to the organization or
|
0008| charitable purpose and no part of [such] the proceeds go to
|
0009| any individual member or employee [thereof] of the
|
0010| organization.
|
0011| B. Nothing in [Article 19] Chapter 30, Article
|
0012| 19 NMSA 1978 [shall be held to prohibit any] prohibits a
|
0013| bona fide motion picture [theatre] theater from offering
|
0014| prizes of cash or merchandise for advertising purposes in
|
0015| connection with [such] the business of the theater or for
|
0016| the purpose of stimulating business, whether or not [any]
|
0017| consideration other than a monetary consideration in excess of
|
0018| the regular price of admission is [exacted] charged for
|
0019| participation in drawings for prizes.
|
0020| C. Nothing in [Article 19] Chapter 30, Article
|
0021| 19 NMSA 1978 [shall be held to apply to any] prohibits a
|
0022| bona fide county fair, including [fairs] a fair for more
|
0023| than one county, [which shall have] that has been held
|
0024| annually at the same location for at least two years [and which
|
0025| shall offer] from offering prizes of livestock or poultry in
|
0001| connection with [such] the fair [when] if the proceeds
|
0002| of [such] the drawings [shall be] are used for the
|
0003| benefit of [said] the fair.
|
0004| [D. Nothing in Article 19, Chapter 30 NMSA 1978
|
0005| shall be construed to apply to any lottery operated by an
|
0006| organization exempt from the state income tax pursuant to
|
0007| Subsection C of Section 7-2-4 NMSA 1978 and not subject to the
|
0008| provisions of Subsection A of this section; provided that:
|
0009| (1) no more than two lotteries shall be
|
0010| operated in any year by such an organization;
|
0011| (2) all the gross proceeds less the reasonable
|
0012| cost of prizes of any lottery operated by such an organization
|
0013| shall be expended in the state for the benefit of the
|
0014| organization or public purposes; and
|
0015| (3) no part of the proceeds of any lottery
|
0016| shall go to any individual member or employee of any
|
0017| organization except as payment for the purchase of prizes at no
|
0018| more than the reasonable retail price]
|
0019| D. Nothing in Chapter 30, Article 19 NMSA 1978
|
0020| prohibits an organization that is exempt from state income tax
|
0021| pursuant to Section 7-2-4 NMSA 1978 from conducting bingo games,
|
0022| raffles, lotteries or table games, including poker, craps,
|
0023| blackjack, roulette and similar casino card and table games, at
|
0024| a fundraising event if:
|
0025| (1) the fundraising events are conducted no
|
0001| more than twice in a calendar year by the qualifying
|
0002| organization;
|
0003| (2) the only persons authorized to participate
|
0004| in the operation or management of the fundraising event are:
|
0005| (a) bona fide members of the qualifying
|
0006| organization who are not paid for their services in the
|
0007| operation or management of the event; or
|
0008| (b) persons who provide goods or services
|
0009| for the fundraising event for a flat fee or an hourly fee
|
0010| pursuant to a written contract with the qualifying organization;
|
0011| (3) no person receives any part of the proceeds
|
0012| of the fundraising event except:
|
0013| (a) as payment for prizes purchased at no
|
0014| more than the reasonable retail prices for the prizes; or
|
0015| (b) pursuant to a contract described in
|
0016| Subparagraph (b) of Paragraph (2) of this subsection;
|
0017| (4) the net proceeds of the fundraising event
|
0018| are expended in the state for the benefit of the qualifying
|
0019| organization or purposes for which it was formed;
|
0020| (5) gross revenue, expenses, prizes paid and
|
0021| the date, time and location of the fundraising event are
|
0022| reported to the alcohol and gaming division of the regulation
|
0023| and licensing department within thirty days after the event;
|
0024| (6) the qualifying organization conducting the
|
0025| fundraising event maintains records for a period of one year
|
0001| after the date of the event that accurately show the gross
|
0002| revenue generated by the event, details of the expenses of
|
0003| conducting the event and details of how the gross revenue is
|
0004| used, and the qualifying organization makes the records
|
0005| available for review by the director of the alcohol and gaming
|
0006| division of the regulation and licensing department or the
|
0007| attorney general, or both, at their request;
|
0008| (7) no persons less than the age of twenty-one
|
0009| are allowed to participate in the operation or management of the
|
0010| fundraising event or to play any game at the event; and
|
0011| (8) the fundraising event is conducted pursuant
|
0012| to a permit issued by the alcohol and gaming division of the
|
0013| regulation and licensing department.
|
0014| E. Nothing in Chapter 30, Article 19 NMSA 1978
|
0015| prohibits activities authorized and the games of chance
|
0016| permitted and regulated pursuant to the provisions of the Video
|
0017| Gaming Act."
|
0018| Section 44. Section 60-7A-19 NMSA 1978 (being Laws 1981,
|
0019| Chapter 39, Section 96) is amended to read:
|
0020| "60-7A-19. COMMERCIAL GAMBLING ON LICENSED PREMISES.--
|
0021| A. It is a violation of the Liquor Control Act for a
|
0022| licensee to knowingly allow commercial gambling on the licensed
|
0023| premises.
|
0024| B. In addition to any criminal penalties, any person
|
0025| who violates Subsection A of this section may have his license
|
0001| suspended or revoked or a fine imposed, or both, pursuant to the
|
0002| Liquor Control Act.
|
0003| C. [For purposes of] As used in this section: (1) "commercial gambling" means:
|
0004| [(1)] (a) participating in the
|
0005| earnings of or operating a gambling place;
|
0006| [(2)] (b) receiving, recording or
|
0007| forwarding bets or offers to bet;
|
0008| [(3)] (c) possessing facilities with
|
0009| the intent to receive, record or forward bets or offers to bet;
|
0010| [(4)] (d) for gain, becoming a
|
0011| custodian of anything of value bet or offered to be bet;
|
0012| [(5)] (e) conducting a lottery where
|
0013| both the consideration and the prize are money or whoever with
|
0014| intent to conduct a lottery possesses facilities to do so; or
|
0015| [(6)] (f) setting up for use for the
|
0016| purpose of gambling, or collecting the proceeds of, any gambling
|
0017| device or game; and
|
0018| (2) "commercial gambling" does not include:
|
0019| (a) activities authorized pursuant to the
|
0020| New Mexico Lottery Act;
|
0021| (b) the conduct of games pursuant to
|
0022| Subsection D of Section 30-19-6 NMSA 1978; and
|
0023| (c) the conduct of video gaming
|
0024| authorized pursuant to the Video Gaming Act on the licensed
|
0025| premises of a club licensee licensed pursuant to Section 60-6A-5
|
0001| NMSA 1978."
|
0002| Section 45. SEVERABILITY.--If any part or application of
|
0003| the Video Gaming Act is held invalid, the remainder or its
|
0004| application to other situations or persons shall not be
|
0005| affected.
|
0006| Section 46. EMERGENCY.--It is necessary for the public
|
0007| peace, health and safety that this act take effect immediately.
|
0008|
|
0009|
|
0010|
|
0011| FORTY-SECOND LEGISLATURE
|
0012| SECOND SESSION, 1996
|
0013|
|
0014|
|
0015| JANUARY 31, 1996
|
0016|
|
0017| Mr. President:
|
0018|
|
0019| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0020|
|
0021| SENATE BILL 606
|
0022|
|
0023| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0024| TO CONSTITUTIONAL PROVISIONS, and thence referred to the COMMITTEE
|
0025| OF THE WHOLE COMMITTEE.
|
0001|
|
0002| Respectfully submitted,
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| __________________________________
|
0008| SENATOR MANNY M. ARAGON, Chairman
|
0009|
|
0010|
|
0011|
|
0012| Adopted_______________________ Not Adopted_______________________
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015|
|
0016| Date ________________________
|
0017|
|
0018|
|
0019|
|
0020| S606CC1
|
0021|
|
0022| FORTY-SECOND LEGISLATURE
|
0023| SECOND SESSION, 1996
|
0024|
|
0025|
|
0001| February 2, 1996
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your COMMITTEE OF THE WHOLE, to whom has been referred
|
0006|
|
0007| SENATE BILL 606
|
0008|
|
0009| has had it under consideration and reports same WITHOUT
|
0010| RECOMMENDATION, and thence placed on the President's
|
0011| Table.
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017| __________________________________
|
0018| Manny M. Aragon, Chairman
|
0019|
|
0020|
|
0021|
|
0022| Adopted_______________________ Not Adopted_______________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025|
|
0001|
|
0002| Date ________________________
|
0003|
|
0004|
|
0005| The roll call vote was by voice vote
|
0006|
|
0007|
|
0008|
|
0009| S0606WS1
|
0010|
|