0001| HOUSE BILL 659 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| G. X. MCSHERRY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO GAMBLING; PROVIDING FOR MANDATORY LOCAL OPTION FOR | 0012| AFFIRMATIVE ACTION TO PERMIT ANY GAMBLING AUTHORIZED BY LAW; | 0013| DECLARING AN EMERGENCY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "Gambling Local Option Act". | 0018| Section 2. DEFINITION OF "ELECTRONIC GAMING".--As used in | 0019| the Gambling Local Option Act, "electronic gaming" means play | 0020| on a mechanical, electromechanical or electronic contrivance or | 0021| machine that, upon insertion of cash, a coin, token or similar | 0022| object or upon payment of any consideration, is available to | 0023| play or operate a game, the award of a prize from which is | 0024| determined by chance even though accompanied by some skill, and | 0025| from which the payoff is made automatically from the machine or | 0001| in another manner, but "electronic gaming" does not include | 0002| play on a device, contrivance or machine that may be available | 0003| for play upon the payment of consideration and when played may, | 0004| by reason of the skill of the player accompanied by some | 0005| chance, entitle the player to receive additional play on the | 0006| same or a similar device, contrivance or machine or a voucher | 0007| or credit slip that may be exchanged for merchandise of | 0008| insignificant value. | 0009| Section 3. LOCAL OPTION.--In any county or municipality | 0010| in which the local option provision of the Gambling Local | 0011| Option Act has been accepted by the voters, electronic gaming | 0012| is prohibited or permitted in accordance with the outcome of | 0013| the referendum. | 0014| Section 4. LOCAL OPTION ELECTION--RACETRACKS--CHARITABLE | 0015| ORGANIZATIONS--NONPROFIT ORGANIZATIONS--LICENSED LIQUOR | 0016| ESTABLISHMENTS--PROCEDURE.-- | 0017| A. A county, not including incorporated | 0018| municipalities within its boundaries, or an incorporated | 0019| municipality is a local option district if the option of | 0020| permitting electronic gaming on the premises of racetracks, | 0021| certain charitable organizations, nonprofit organizations and | 0022| liquor establishments in that county or incorporated | 0023| municipality is adopted by the registered voters of that county | 0024| or municipality. | 0025| B. An incorporated municipality may have a local | 0001| option referendum in that municipality, even if the county in | 0002| which the incorporated municipality is located has had a | 0003| referendum and resolved the local option question for the | 0004| county. | 0005| C. Based on the content of the petition, a local | 0006| governing body of a proposed local option district shall place | 0007| the following question on the ballot: | 0008| "Shall electronic gaming on the premises of racetracks, | 0009| certain charitable organizations, certain nonprofit | 0010| organizations and liquor establishments be permitted in (name | 0011| of proposed local option district), effective July 1, 19 __? | 0012| ___YES ____NO". | 0013| D. The procedures for adopting the local option | 0014| provision for electronic gaming are: | 0015| (1) at any time from the effective date of the | 0016| Gambling Local Option Act, the registered voters of any | 0017| proposed local option district may petition the governing body | 0018| by filing one or more petitions in the appropriate office to | 0019| hold a referendum to determine whether the proposed local | 0020| option district shall adopt the local option provision of the | 0021| Gambling Local Option Act. Each petition shall state the | 0022| question that will be presented on the ballot. If the | 0023| aggregate of the signatures of the registered voters on all the | 0024| petitions equals or exceeds five percent of the number of | 0025| registered voters of the proposed local option district at the | 0001| time of the last general election, the governing body shall | 0002| call an election within ninety days of the verification of the | 0003| petition. The latest date for filing a petition shall be three | 0004| months after the date on which the first signature was | 0005| obtained; | 0006| (2) except as otherwise provided in this | 0007| section, the election shall be called and conducted and votes | 0008| shall be counted and canvassed substantially in the manner | 0009| provided by law for general elections within the county for a | 0010| county referendum or pursuant to the Municipal Election Code | 0011| for a municipal referendum; | 0012| (3) except as otherwise provided in this | 0013| section, contests, recounts and rechecks shall be permitted for | 0014| a county referendum as provided for in the case of candidates | 0015| for county offices in general elections or for a municipal | 0016| referendum as provided for in the Municipal Election Code for | 0017| candidates for municipal office. Applications for contests, | 0018| recounts or rechecks may be filed by any person who voted in | 0019| the election, and service shall be made upon the county clerk | 0020| or municipal clerk. The payment of the costs and expenses of | 0021| the contest, recount or recheck shall be assessed for a county | 0022| referendum in the manner provided by the Election Code for | 0023| contests in a general election of candidates for county offices | 0024| or for a municipal referendum pursuant to the Municipal | 0025| Election Code for candidates for municipal office; | 0001| (4) if a majority of all the votes cast in a | 0002| referendum election seeking to permit electronic gaming on the | 0003| premises of racetracks, certain charitable organizations, | 0004| certain nonprofit organizations and liquor establishments is in | 0005| favor of the local option provision to permit electronic gaming | 0006| in the local option district, the chairman of the governing | 0007| body shall declare by order entered upon the records of the | 0008| local option district that the local option district has | 0009| adopted the local option provision of the Gambling Local Option | 0010| Act permitting electronic gaming and shall notify the gambling | 0011| regulatory authority of the results; and | 0012| (5) no election shall be held pursuant to this | 0013| section within forty-two days of any primary, general, | 0014| municipal or school district election unless the election is | 0015| held on the day of any primary, general, municipal or school | 0016| district election. | 0017| Section 5. RESUBMISSION OF LOCAL OPTION QUESTION.-- | 0018| A. In a local option district in which the local | 0019| option provision of the Gambling Local Option Act has been | 0020| rejected by the voters, it is permissible after the expiration | 0021| of three years from the date of the election at which the local | 0022| option provision was rejected to have another local option | 0023| election in the district by following the procedure provided | 0024| for in that act. | 0025| B. In a local option district in which the local | 0001| option provision of the Gambling Local Option Act has been | 0002| accepted by the voters, it is permissible after the expiration | 0003| of twelve years from the date of election at which the local | 0004| option provision was accepted to have another local option | 0005| election that may allow voters to rescind the local option | 0006| provision previously adopted in the county or municipality by | 0007| following the procedures provided for in that act. | 0008| Section 6. EMERGENCY.--It is necessary for the public | 0009| peace, health and safety that this act take effect immediately. | 0010|  |