0001| SENATE BILL 872 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| BEN D. ALTAMIRANO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO GAMING; ENACTING THE TRIBAL GOVERNMENTAL GAMING | 0012| COMPACT ACT; ENACTING A TRIBAL-STATE GAMING COMPACT; ENACTING A | 0013| REVENUE SHARING AGREEMENT FOR TRIBAL GOVERNMENTAL GAMING; | 0014| ENACTING THE GAMING CONTROL ACT; AUTHORIZING LIMITED MACHINE | 0015| GAMING; PROVIDING FOR LICENSING AND REGULATION OF THE PERMITTED | 0016| ACTIVITIES; PROVIDING FOR FEES AND A TAX; PROVIDING PENALTIES; | 0017| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING | 0018| APPROPRIATIONS; DECLARING AN EMERGENCY. | 0019| | 0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0021| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0022| through 9 of this act may be cited as the "Tribal Governmental | 0023| Gaming Compact Act". | 0024| Section 2. [NEW MATERIAL] FINDINGS.--The legislature | 0025| finds that: | 0001| A. it is the policy of the state that gaming is an | 0002| appropriate means for raising revenues for governmental and | 0003| charitable purposes; | 0004| B. the governor of New Mexico and the chief | 0005| executive officials of the tribal governments of the pueblos of | 0006| Acoma, Isleta, Nambe, Pojoaque, San Felipe, San Ildefonso, San | 0007| Juan, Santa Ana, Santa Clara, Taos, and Tesuque, the Jicarilla | 0008| Apache tribe and the Mescalero Apache tribe negotiated compacts | 0009| concerning class III gaming and an agreement concerning the | 0010| sharing of revenue with the state from class III gaming | 0011| conducted by these tribal governments; | 0012| C. Indian gaming in New Mexico has become an | 0013| important source of revenues for Indian tribal governments, | 0014| enabling them to provide services, infrastructure, jobs, and | 0015| economic development for their members and other New Mexicans; | 0016| D. the definition of Class III gaming in the Tribal | 0017| Governmental Gaming Compact Act is intended to allow for the | 0018| operation of tribal casinos and to restore charitable casino | 0019| nights as a lawful means for tax exempt organizations to raise | 0020| funds; and | 0021| E. due to legal questions as to the validity of the | 0022| compacts previously executed with Indian tribes concerning | 0023| class III gaming, because of the need for certain changes and | 0024| additional provisions to assure that tribal gaming enterprises | 0025| are regulated primarily by tribes with a reasonable degree of | 0001| state as well as federal oversight and to provide a firm legal | 0002| foundation for Indian gaming in New Mexico, it is necessary and | 0003| appropriate that the legislature authorize the governor of the | 0004| state to execute new compacts for tribal governmental class III | 0005| gaming. | 0006| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0007| Tribal Governmental Gaming Compact Act: | 0008| A. "IGRA" means the Indian Gaming Regulatory Act, | 0009| 25 USCA Sections 2701, et seq., including the regulations | 0010| issued pursuant to that act; | 0011| B. "tribe" means an Indian nation, tribe or pueblo | 0012| recognized by the federal government and located in whole or in | 0013| part within the exterior boundaries of the state; | 0014| C. "class III gaming" means: | 0015| (1) all forms of class III gaming as that term | 0016| is defined in IGRA; and | 0017| (2) any or all forms of casino style gaming | 0018| permitted by federal law and the state of Nevada, including | 0019| slot machines and all other forms of gaming machines; all forms | 0020| of poker, blackjack, and other casino style card games, both | 0021| banked and non-banked; craps; roulette; keno; pai gow; wheel of | 0022| fortune; faro; monte; all progressive and bonus forms of the | 0023| foregoing; pari-mutuel gaming; and lotteries; and | 0024| D. "gross gaming receipts" means the total amount of | 0025| money received by a tribal gaming enterprise from class III | 0001| gaming activities, less amounts paid out to winners, and less | 0002| the actual cost of tribal regulatory activities (up to a total | 0003| of two hundred fifty thousand dollars ($250,000) in such costs | 0004| annually) and minus federal and state regulatory fees and | 0005| expenses, and taxes, if any. | 0006| Section 4. [NEW MATERIAL] COMPACT ENACTMENT.-- | 0007| A. The governor of the state is authorized and | 0008| directed to execute on behalf of the state a tribal-state | 0009| gaming compact concerning class III gaming with the following | 0010| tribal governments: the pueblos of Acoma, Isleta, Nambe, | 0011| Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, Santa | 0012| Ana, Santa Clara, Taos, and Tesuque, the Jicarilla Apache tribe | 0013| and the Mescalero Apache tribe in the form set forth in Section | 0014| 5 of the Tribal Governmental Gaming Compact Act. | 0015| B. The governor of the state is authorized and | 0016| directed, upon the written request of any other tribe within | 0017| the state, to execute on behalf of the state a tribal-state | 0018| class III gaming compact with the tribe in the form set forth | 0019| in Section 5 of the Tribal Governmental Gaming Compact Act. | 0020| C. Any compact executed by the governor pursuant to | 0021| Subsections A or B of this section, once approved by the | 0022| secretary of the interior, shall constitute a binding | 0023| obligation of the state. | 0024| Section 5. [NEW MATERIAL] COMPACT FORM.--Gaming | 0025| compacts executed by the governor of the state shall have the | 0001| following form: | 0002| "TRIBAL-STATE GAMING COMPACT | 0003| THIS COMPACT is made and entered into this _____ day of | 0004| ________, ____, by and between the _________________ | 0005| (hereinafter referred to as "Tribe") and the STATE OF NEW | 0006| MEXICO (hereinafter referred to as "State"). | 0007| RECITALS | 0008| WHEREAS, the State is a sovereign State of the United | 0009| States of America, having been admitted to the Union pursuant | 0010| to the Act of June 20, 1910, 36 Statutes at Large 557, Chapter | 0011| 310, and is authorized to enter into contracts and agreements, | 0012| including this Compact, with the Tribe; and | 0013| WHEREAS, the Tribe is a sovereign federally recognized | 0014| Indian tribe and its governing body has authorized the | 0015| officials of the Tribe to enter into contracts and agreements | 0016| of every description, including this Compact, with the State; | 0017| and | 0018| WHEREAS, the Congress of the United States has enacted the | 0019| Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701-2721 | 0020| (hereinafter "IGRA"), which permits Indian tribes to conduct | 0021| Class III Gaming on Indian Lands pursuant to a tribal-state | 0022| compact entered into for that purpose; and | 0023| WHEREAS, the Tribe owns or controls Indian Lands and by | 0024| Ordinance has adopted rules and regulations governing Class III | 0025| games played and related activities at any Gaming Facility; and | 0001| WHEREAS, by enactment of an amendment to Section 30-19-6 | 0002| NMSA 1978 in Section 10 of the act in which the Tribal | 0003| Governmental Gaming Compact Act is enacted, the State will | 0004| permit charitable organizations to conduct any or all forms of | 0005| casino-style gaming; and | 0006| WHEREAS, the State permits pari-mutuel wagering pursuant | 0007| to the Horse Racing Act; and | 0008| WHEREAS, the State authorized the establishment and | 0009| operation of a state-wide lottery in the New Mexico Lottery Act | 0010| for the purpose of raising governmental revenue; and | 0011| WHEREAS, such forms of Class III Gaming are, therefore, | 0012| permitted in the State within the meaning of the IGRA; and | 0013| WHEREAS, a Compact between the Tribe and the State for the | 0014| conduct of Class III Gaming on Indian Lands will satisfy the | 0015| State's obligation to comply with federal law and fulfill the | 0016| IGRA requirement for the lawful operation of Class III Gaming | 0017| on the Indian Lands in New Mexico; and | 0018| WHEREAS, the State and the Tribe, in recognition of the | 0019| sovereign rights of each party and in a spirit of cooperation | 0020| to promote the best interests of the citizens of the State and | 0021| the members of the Tribe, have engaged in negotiations and have | 0022| agreed to this Compact. | 0023| NOW, THEREFORE, the State and the Tribe agree as follows: | 0024| TERMS AND CONDITIONS | 0025| SECTION 1. Purpose and Objectives. | 0001| The purpose and objectives of the State and the Tribe in | 0002| making this Compact are as follows: | 0003| A. to evidence the good will and cooperative spirit | 0004| between the State and the Tribe; | 0005| B. to continue the development of an effective | 0006| government-to-government relationship between the State and the | 0007| Tribe; | 0008| C. to provide for the regulation of Class III Gaming on | 0009| Indian Lands as required by the IGRA; | 0010| D. to fulfill the purpose and intent of the IGRA by | 0011| providing for tribal gaming as a means of generating tribal | 0012| revenues, thereby promoting tribal economic development, tribal | 0013| self-sufficiency, and strong tribal government; | 0014| E. to provide revenues to fund tribal government | 0015| operations or programs, to provide for the general welfare of | 0016| the tribal members and for other purposes allowed under the | 0017| IGRA; | 0018| F. to provide for the effective regulation of Class III | 0019| Gaming in which the Tribe shall have the sole proprietary | 0020| interest and be the primary beneficiary; and | 0021| G. to address the State's interest in the establishment, | 0022| by the Tribe, of rules and procedures for ensuring that Class | 0023| III Gaming is conducted fairly and honestly by the owners, | 0024| operators, employees and patrons of any Class III Gaming | 0025| enterprise on Indian Lands. | 0001| SECTION 2. Definitions. | 0002| For purposes of this Compact, the following definitions | 0003| pertain: | 0004| A. "Indian Lands" means: | 0005| 1. all lands within the exterior boundaries of the | 0006| Tribe's reservation and its confirmed grants from prior | 0007| sovereigns; and | 0008| 2. any other lands title to which is either held | 0009| in trust by the United States for the exclusive benefit of the | 0010| Tribe or a member thereof or is held by the Tribe or a member | 0011| thereof subject to restrictions against alienation imposed by | 0012| the United States, and over which the Tribe exercises | 0013| jurisdiction and governmental authority. | 0014| B. "Tribal Gaming Agency" means the tribal governmental | 0015| agency which will be identified to the State Gaming | 0016| Representative as the agency responsible for regulatory actions | 0017| of the Tribe set out in the Compact. | 0018| C. "State Gaming Representative" means that person | 0019| designated by the Legislature in Section 9 of the Tribal | 0020| Governmental Gaming Compact Act. The State Gaming | 0021| Representative will be responsible for regulatory actions of | 0022| the State set out in the Compact. | 0023| D. "Compact" means this compact between the State and | 0024| the Tribe. | 0025| E. "Gaming Facility" means the buildings or structures | 0001| in which Class III Gaming is conducted on Indian Lands. | 0002| F. "Gaming Operation" means each economic entity that is | 0003| licensed by a tribe, operates the games, receives the revenues, | 0004| issues the prizes, and pays the expenses. | 0005| G. "Management Contract" means a contract within the | 0006| meaning of 25 USCA Sections 2710(d)(9) and 2711. | 0007| H. "Management Contractor" means any person or entity | 0008| that has entered into a Management Contract with the Tribe. | 0009| I. "Ordinance" means the gaming ordinance and any | 0010| amendments thereto adopted by the Tribal Council of the Tribe. | 0011| J. "Tribe" means ___________________. | 0012| K. "State" means the State of New Mexico. | 0013| SECTION 3. Authorized Class III Gaming. | 0014| A. The Tribe may conduct, only on Indian Lands, subject | 0015| to all of the terms and conditions of this Compact, any or all | 0016| forms of class III gaming as that term is defined in IGRA. The | 0017| term means any or all forms of casino style gaming permitted by | 0018| federal law and the state of Nevada, including but not limited | 0019| to slot machines and all other forms of gaming machines; all | 0020| forms of poker, blackjack, and other casino style card games, | 0021| both banked and non-banked; craps; roulette; keno; pai gow; | 0022| wheel of fortune; faro; monte; all progressive and bonus forms | 0023| of the foregoing; pari-mutuel gaming; and lotteries. | 0024| B. Subject to the foregoing, the Tribe shall establish, | 0025| in its discretion, by tribal law, such limitations as it deems | 0001| appropriate on the number and type of Class III Gaming | 0002| conducted, the locations of Class III Gaming on Indian Lands, | 0003| the hours and days of operation, and betting and pot limits, | 0004| applicable to such gaming. | 0005| SECTION 4. Regulation of Class III Gaming. | 0006| A. Tribal Gaming Agency. The Tribal Gaming Agency will | 0007| assure that the Tribe: | 0008| 1. operates all Class III Gaming pursuant to this | 0009| Compact, tribal law, IGRA, and other applicable | 0010| Federal law; | 0011| 2. provides for the physical safety of patrons in | 0012| any Gaming Facility; | 0013| 3. provides for the physical safety of personnel | 0014| employed by the gaming enterprise; | 0015| 4. provides for the physical safeguarding of | 0016| assets transported to and from the Gaming Facility | 0017| and cashier's cage department; | 0018| 5. provides for the protection of the property of | 0019| the patrons and the gaming enterprise from illegal | 0020| activity; | 0021| 6. participates in licensing of primary management | 0022| officials and key employees of a Class III Gaming | 0023| enterprise; | 0024| 7. detains persons who may be involved in illegal | 0025| acts for the purpose of notifying law enforcement | 0001| authorities; | 0002| 8. records and investigates any and all unusual | 0003| occurrences related to Class III Gaming within the | 0004| Gaming Facility; and | 0005| 9. provides true copies of all tribal laws and | 0006| regulations affecting Class III Gaming conducted | 0007| under the provisions of this Compact to the State | 0008| Gaming Representative within thirty (30) days after | 0009| the effective date of this Compact, and will | 0010| provide true copies of any amendments thereto or | 0011| additional laws or regulations affecting gaming | 0012| within thirty (30) days after their enactment (or | 0013| approval, if any). | 0014| B. Tribal Laws. Without affecting the generality of the | 0015| foregoing, the Tribe shall adopt laws: | 0016| 1. prohibiting participation as a patron in any | 0017| Class III gaming by any person under the age at | 0018| which a person may place a wager on a game of the | 0019| New Mexico State Lottery. Any Tribe, at its sole | 0020| option, may elect to set an age minimum that is | 0021| higher than that set by the New Mexico Lottery Act; | 0022| 2. prohibiting a key employee or primary | 0023| management official to be employed who is under the | 0024| age of eighteen (18) or who has not been licensed | 0025| in accordance with Section 5, hereinafter; | 0001| 3. governing any Management Contract regarding its | 0002| Class III Gaming Activity such that they conform to | 0003| the requirements of tribal law and IGRA; | 0004| 4. prohibiting a gaming enterprise from cashing | 0005| any paycheck or any type of government assistance | 0006| check, including Social Security, Aid For Dependent | 0007| Children, and other such checks for any patron; | 0008| 5. requiring that each gaming machine in use at | 0009| the tribal gaming facility must meet all technical | 0010| standards imposed on such devices by the laws and | 0011| regulations in force in the State of Nevada, | 0012| including the standards applicable to minimum | 0013| payout percentages; | 0014| 6. requiring that within twelve months from the | 0015| date on which this Compact takes effect, all gaming | 0016| machines in use at the gaming facility be connected | 0017| to a central computerized reporting and auditing | 0018| system on the gaming facility premises, which shall | 0019| collect on a continual basis the financial | 0020| accounting and statistical performance data of each | 0021| gaming machine in use at the gaming facility, and | 0022| that such financial accounting and statistical | 0023| performance data shall be available to the state | 0024| gaming representative upon request; and | 0025| 7. requiring the gaming enterprise to spend an | 0001| amount that is no less than one-quarter of one | 0002| percent of its gross gaming receipts annually to | 0003| fund or support programs for the treatment and | 0004| assistance of compulsive gamblers; the Tribe, at | 0005| its sole option, shall contribute either to an | 0006| established program operated by the State or an | 0007| established program in the Tribe's local community | 0008| which treats compulsive gamblers. | 0009| C. Audit and Financial Statements. The Tribal Gaming | 0010| Agency shall require that all books and records relating to | 0011| Class III Gaming be maintained in accordance with generally | 0012| accepted accounting principles. All such books and records | 0013| shall be retained for a period of at least six (6) years from | 0014| the date of creation. Not less than annually, the Tribal | 0015| Gaming Agency shall require an audit and certified financial | 0016| statements covering all financial activities of the gaming | 0017| enterprise by an independent certified public accountant | 0018| licensed by the State. The financial statements shall be | 0019| prepared in accordance with generally accepted accounting | 0020| principles and shall be submitted to the Tribal Gaming Agency | 0021| within one hundred twenty (120) days of the close of the | 0022| Tribe's fiscal year. The Tribe shall maintain the following | 0023| records concerning tribal gaming for not less than six (6) | 0024| years: | 0025| 1. revenues, gross gaming receipts, expenses, | 0001| assets, liabilities and equity for each Gaming | 0002| Facility; | 0003| 2. daily cash transactions for each Class III | 0004| Gaming at each Gaming Facility, including but not | 0005| limited to transactions relating to each gaming | 0006| table bank, game drop box, and gaming room bank; | 0007| 3. all markers, IOU'S, returned checks, hold check | 0008| or other similar credit instruments; | 0009| 4. individual and statistical game records (except | 0010| card games) to reflect statistical drop and | 0011| statistical win; for electronic, computer, or other | 0012| technologically assisted games, analytic reports | 0013| which show the total amount of cash wagered and the | 0014| total amount of prizes won; | 0015| 5. contracts, correspondence, and other | 0016| transaction documents relating to all vendors and | 0017| contractors; | 0018| 6. records of all tribal gaming enforcement | 0019| activities; | 0020| 7. audits prepared by or on behalf of the Tribe; | 0021| and | 0022| 8. personnel information on all Class III Gaming | 0023| employees or agents, including rotation sheets, | 0024| hours worked, employee profiles, and background | 0025| checks. | 0001| D. Violations. The agents of the Tribal Gaming Agency | 0002| shall have unrestricted access to the Gaming Facility during | 0003| all hours of Class III Gaming activity, and shall have | 0004| immediate and unrestricted access to any and all areas of the | 0005| Gaming Facility for the purpose of ensuring compliance with the | 0006| provisions of this Compact and the Ordinance. The agents shall | 0007| report immediately to the Tribal Gaming Agency any suspected | 0008| violation of this Compact, the Ordinance, or regulations of the | 0009| Tribal Gaming Agency by the gaming enterprise, Management | 0010| Contractor, or any person, whether or not associated with Class | 0011| III Gaming. | 0012| E. State Gaming Representative. | 0013| 1. Upon written request by the State to the Tribe, | 0014| the Tribe will provide information on primary | 0015| management officials, key employees, and suppliers, | 0016| sufficient to allow the State to conduct its own | 0017| background investigations, as it may deem | 0018| necessary, so that it may make an independent | 0019| determination as to the suitability of such | 0020| individuals, consistent with the standards set | 0021| forth in Section 5, hereinafter. The Tribe shall | 0022| consider any information or recommendations | 0023| provided to it by the State as to any such person | 0024| or entity, but the Tribe shall have the final say | 0025| with respect to the hiring or licensing of any such | 0001| person or entity. | 0002| 2. Notwithstanding that the Tribe has the primary | 0003| responsibility to administer and enforce the | 0004| regulatory requirements, the State Gaming | 0005| Representative authorized in writing by the | 0006| Governor of the State or by legislation duly | 0007| enacted by the State Legislature shall have the | 0008| right to inspect all Gaming Facilities, Class III | 0009| Gaming activity, and all records relating to Class | 0010| III Gaming (including those set forth in Section 5, | 0011| hereinafter) of the Tribe, subject to the following | 0012| conditions: | 0013| (a) with respect to public areas of a Gaming | 0014| Facility, at any time without prior notice | 0015| during normal business hours; | 0016| (b) with respect to private areas of a Gaming | 0017| Facility not accessible to the public, at any | 0018| time during normal business hours, immediately | 0019| after notifying the Tribal Gaming Agency and | 0020| Gaming Operation of his or her presence on the | 0021| premises and presenting proper identification, | 0022| and requesting access to such non-public areas | 0023| of the gaming facility. The Tribe, at its | 0024| sole discretion, may require an employee of | 0025| the Gaming Operation and the Tribal Gaming | 0001| Agency to accompany the State Gaming | 0002| Representative at all times that the State | 0003| Gaming Representative is on the premises of a | 0004| Gaming Facility; (c) with respect to | 0005| inspection and copying of all management | 0006| records relating to Class III Gaming, with 48 | 0007| hours prior written notice, not including | 0008| weekends. The reasonable costs of copying | 0009| will be borne by the State; and | 0010| (d) whenever the State Gaming Representative, | 0011| or his designee, enters the premises of the | 0012| Gaming Facility for any such inspection, such | 0013| Representative or designee shall identify | 0014| himself to security and supervisory personnel | 0015| of the Gaming Facility. | 0016| 3. The Tribe considers the information provided to | 0017| the State pursuant to this Compact to be | 0018| proprietary and commercial property of the Tribe. | 0019| To the fullest extent allowed by State law, the | 0020| State agrees to maintain in confidence and never to | 0021| disclose to any third party any financial | 0022| information, proprietary ideas, plans, methods, | 0023| data, development inventions, or other proprietary | 0024| information regarding the gaming enterprise of the | 0025| Tribe, Class III Gaming conducted by the Tribe, or | 0001| the operation thereof, which is provided to the | 0002| State by the Tribe without the prior written | 0003| approval of a duly authorized representative of the | 0004| Tribe. These prohibitions shall not be construed | 0005| to prohibit: | 0006| (a) the furnishing of any information to a | 0007| law enforcement or regulatory agency of the | 0008| Federal Government; | 0009| (b) the State from making known the names of | 0010| persons, firms, or corporations conducting | 0011| Class III Gaming pursuant to the terms of this | 0012| Compact, locations at which such activities | 0013| are conducted, or the dates on which such | 0014| activities are conducted; | 0015| (c) publishing the terms of this Compact; | 0016| (d) disclosing information as necessary to | 0017| audit, investigate, prosecute, or arbitrate | 0018| violations of this Compact or other applicable | 0019| laws or to defend suits against the State; and | 0020| (e) complying with subpoenas or court orders | 0021| issued by courts of competent jurisdiction. | 0022| 4. To the fullest extent allowed by State law, the | 0023| Tribe shall have the right to inspect and copy | 0024| State records concerning all Class III Gaming | 0025| conducted by the Tribe with the Tribe bearing the | 0001| reasonable cost of copying. | 0002| 5. The Tribe shall reimburse the State for the | 0003| actual costs the State incurs in carrying out any | 0004| functions authorized by the terms of this Compact, | 0005| in an amount not to exceed twenty-five thousand | 0006| dollars ($25,000.00) per year. All calculations of | 0007| amounts due shall be based upon a fiscal year | 0008| beginning October 1, and ending September 30, | 0009| unless the parties select a different fiscal year. | 0010| Payments due the State shall be made no later than | 0011| sixty (60) days after the beginning of each fiscal | 0012| year. Payments due the State during any partial | 0013| fiscal year this Compact is in effect shall be | 0014| adjusted to reflect only that portion of the fiscal | 0015| year. Within sixty (60) days after the end of each | 0016| fiscal year in which this Compact is in effect, the | 0017| State shall submit to the Tribe an accounting of | 0018| actual costs incurred in carrying out any functions | 0019| authorized by the terms of this Compact. Any | 0020| amount of the twenty-five thousand dollars | 0021| ($25,000.00) not expended by the State on the | 0022| actual costs shall be returned to the Tribe by the | 0023| State within sixty (60) days after the fiscal year | 0024| or treated as a prepayment of the Tribe's | 0025| obligation during the subsequent fiscal year. | 0001| 6. In the event the State believes that the Tribe | 0002| is not administering and enforcing the regulatory | 0003| requirements set forth herein, it may invoke the | 0004| procedures set forth in Section 7 of this Compact. | 0005| F. Cash Reporting. The Tribe shall comply with all | 0006| applicable provisions of the Bank Secrecy Act, P.L. 91-508, | 0007| October 26, 1970, 31 U.S.C. 5311-5314, and all reporting | 0008| requirements of the Internal Revenue Service. | 0009| SECTION 5. Licensing Requirements. | 0010| A. License Required. The Gaming Facility operator, | 0011| (but not including the Tribe), including its principals, | 0012| primary management officials, and key employees, the Management | 0013| Contractor and its principals, primary management officials, | 0014| and key employees (if the Tribe hires a Management Contractor), | 0015| any person, corporation, or other entity that has supplied or | 0016| proposes to supply any gaming device to the Tribe or the | 0017| Management Contractor; and any person, corporation, or other | 0018| entity providing gaming services within or without a Gaming | 0019| Facility, shall apply for and receive a license from the Tribal | 0020| Gaming Agency before participating in any way in the operation | 0021| or conduct of any Class III Gaming on Indian Lands. | 0022| B. License Application. Each applicant for a license | 0023| shall file with the Tribal Gaming Agency a written application | 0024| in the form prescribed by the Tribal Gaming Agency, along with | 0025| the applicant's fingerprint card, current photograph, and the | 0001| fee required by the Tribal Gaming Agency. | 0002| 1. The following Notice ("Privacy Act Notice") | 0003| shall be placed on the application form for a | 0004| principal, key employee, or a primary management | 0005| official before that form is filled out by an | 0006| applicant: | 0007| In compliance with the Privacy Act of 1974, | 0008| the following information is provided: | 0009| Solicitations of the information on this | 0010| form is authorized by 25 U.S.C. 2701- | 0011| 2721. The purpose of the requested | 0012| information is to determine the eligibility | 0013| of individuals to be employed in a gaming | 0014| enterprise. The information will be used | 0015| by members and staff of the Tribal Gaming | 0016| Agency and the National Indian Gaming | 0017| Commission who have need for the | 0018| information in the performance of their | 0019| official duties. The information may be | 0020| disclosed to appropriate federal, tribal, | 0021| state, local, or foreign law enforcement | 0022| and regulatory agencies when relevant to | 0023| civil, criminal, or regulatory | 0024| investigations or prosecutions or when, | 0025| pursuant to a requirement by a tribe, or | 0001| the National Indian Gaming Commission, when | 0002| the information is relevant to the hiring | 0003| or firing of an employee, the issuance or | 0004| revocation of a gaming license, or | 0005| investigations of activities while | 0006| associated with a tribe or a gaming | 0007| enterprise. Failure to consent to the | 0008| disclosures indicated in this Notice will | 0009| result in a tribe being unable to hire you | 0010| in a primary management official or key | 0011| employee position with a tribal gaming | 0012| enterprise. | 0013| The disclosure of your Social Security | 0014| Number (SSN) is voluntary. However, failure | 0015| to supply an SSN may result in errors in | 0016| processing your application. | 0017| 2. Existing principals, key employees, and | 0018| primary management officials shall be notified, | 0019| in writing, that they shall either: | 0020| (a) Complete a new application form | 0021| that contains a Privacy Act notice; | 0022| or | 0023| (b) Sign a statement that contains | 0024| the Privacy Act Notice and consent to | 0025| the routine uses described in that | 0001| Notice. | 0002| 3. The following Notice ("False Statement | 0003| Notice") shall be placed on the application form | 0004| for a principal, key employee or a primary | 0005| management official before that form is filled | 0006| out by an applicant: | 0007| A false statement on any part of your | 0008| application may be grounds for not hiring | 0009| you or for firing you after you begin work. | 0010| Also, you may be punished by fine or | 0011| imprisonment. See 18 U.S.C. 1001.4. | 0012| 4. The Tribal Gaming Agency shall notify, in | 0013| writing, existing principals, key | 0014| employees, and primary management officials | 0015| that they shall either: | 0016| (a) complete a new application form that | 0017| contains a False Statement Notice; or | 0018| (b) sign a statement that contains the | 0019| False Statement Notice. | 0020| 5. The Tribal Gaming Agency shall request from | 0021| each applicant, and from each principal, primary | 0022| management official, and key employee of each | 0023| applicant, all of the following information: | 0024| (a) full name, other names used (oral or | 0025| written), Social Security Number(s), birth | 0001| date, place of birth, citizenship, gender, | 0002| and all languages spoken or written; | 0003| (b) currently, and for the previous ten | 0004| (10) years, business and employment | 0005| positions held, ownership interests in | 0006| those businesses, business and residence | 0007| addresses, and driver's license numbers; | 0008| provided, that any applicant who is a | 0009| principal, primary management official, key | 0010| employee, Management Contractor, | 0011| manufacturer or supplier of gaming devices, | 0012| and/or a person providing gaming services, | 0013| must provide such information currently, | 0014| and from the age of eighteen (18). | 0015| (c) the names and current addresses of at | 0016| least three (3) personal references, | 0017| including one personal reference who was | 0018| acquainted with the applicant during each | 0019| period of residence listed in Paragraph | 0020| B.5.(b) of this Section; | 0021| (d) current business and residence | 0022| telephone numbers; | 0023| (e) a description of any existing and | 0024| previous business relationships with Indian | 0025| tribes, including ownership interests in | 0001| those businesses, and a description of any | 0002| potential or actual conflict of interests | 0003| between such businesses and Indian tribes; | 0004| (f) a description of any existing and | 0005| previous business relationships in the | 0006| gaming industry, including, but not limited | 0007| to, ownership interests in those | 0008| businesses; | 0009| (g) the name and address of any licensing | 0010| or regulatory agency with which the | 0011| applicant has filed an application for a | 0012| license or permit related to gaming, | 0013| whether or not such license or permit was | 0014| granted; | 0015| (h) for each felony for which there is an | 0016| ongoing prosecution, or a conviction, the | 0017| charge, the date of the charge, the name | 0018| and address of the court involved, and the | 0019| disposition, if any; | 0020| (i) for each misdemeanor for which there | 0021| is an ongoing prosecution or conviction | 0022| (excluding minor traffic violations), the | 0023| charge, the date of the charge, the name | 0024| and address of the court involved, and the | 0025| disposition, if any; | 0001| (j) for each criminal charge (excluding | 0002| minor traffic charges), whether or not | 0003| there is a conviction, if such criminal | 0004| charge is not otherwise listed pursuant to | 0005| Paragraph B.5.(h) or B.5.(i) of this | 0006| Section, the criminal charge, the date of | 0007| the charge, the name and address of the | 0008| court involved, and the disposition, if | 0009| any; | 0010| (k) the name and address of any licensing | 0011| or regulatory agency with which the person | 0012| has filed an application for an | 0013| occupational license or permit, as an | 0014| applicant, principal, primary management | 0015| official, or key employee, and whether or | 0016| not such license or permit was granted; | 0017| (l) a current photograph; | 0018| (m) fingerprints, which shall be taken by | 0019| officers of the tribal police department | 0020| pursuant to a Memorandum of Understanding | 0021| between the Tribe and the National Indian | 0022| Gaming Commission ("Commission"); tribal | 0023| police officers shall forward the | 0024| fingerprint cards directly to the | 0025| Commission; | 0001| (n) the fee required by the Tribal Gaming | 0002| Agency; and | 0003| (o) any other information the Tribal | 0004| Gaming Agency deems relevant. | 0005| C. Background Investigations. | 0006| 1. Upon receipt of a completed application and | 0007| required fee for licensing, the Tribal Gaming | 0008| Agency shall conduct or cause to be conducted a | 0009| background investigation to ensure that the | 0010| applicant is qualified for licensing. | 0011| 2. Background checks of applicants will be | 0012| performed pursuant to the following procedures: | 0013| (a) the Tribal Gaming Agency shall provide | 0014| applications to potential applicants upon | 0015| request, and shall collect and maintain the | 0016| applications; | 0017| (b) pursuant to a Memorandum of | 0018| Understanding between the Tribe and the | 0019| Commission, tribal police officers will | 0020| collect fingerprints from all applicants | 0021| and forward the fingerprint cards directly | 0022| to the Commission. The Commission will | 0023| obtain a criminal history record from the | 0024| Federal Bureau of Investigation on each | 0025| applicant and forward such information to | 0001| the Tribal Gaming Agency; | 0002| (c) the Tribal Gaming Agency shall | 0003| investigate the information provided in the | 0004| applications. This investigation will | 0005| include: | 0006| (1) contacting persons or entities | 0007| identified in the application, and | 0008| verifying by written or oral | 0009| communication that the information | 0010| contained in the application is | 0011| accurate; | 0012| (2) interviewing a sufficient number | 0013| of knowledgeable people, such as | 0014| former employers, partners, business | 0015| associates, and others referred to in | 0016| the application, to provide a basis | 0017| for the Tribal Gaming Agency to make | 0018| a determination concerning whether | 0019| the applicant meets applicable | 0020| eligibility requirements; | 0021| (3) reviewing relevant financial | 0022| records of the applicant for the | 0023| three (3) years preceding the | 0024| application; and | 0025| (4) contacting any state, federal, | 0001| or other government agency that is | 0002| referred to in the application; | 0003| (d) the Tribal Gaming Agency shall | 0004| document any information it obtains that | 0005| calls into question whether the applicant | 0006| would meet the eligibility requirements | 0007| under the Ordinance. The Tribal Gaming | 0008| Agency shall then document in detail the | 0009| disposition of these problem areas, | 0010| indicating the follow-up investigations | 0011| performed on the problem areas and the | 0012| result of such investigations; | 0013| (e) the Tribal Gaming Agency will review | 0014| the results of the investigation. This | 0015| review will include a determination as to | 0016| the scope of the investigation and whether | 0017| sufficient information was obtained and | 0018| verified. If such information is found not | 0019| sufficient, the Tribal Gaming Agency will | 0020| perform additional investigations; and | 0021| (f) once the investigation is complete, | 0022| the Tribal Gaming Agency will decide | 0023| whether the applicant meets the eligibility | 0024| criteria under the Ordinance. | 0025| 3. In conducting a background investigation, | 0001| the Tribal Gaming Agency and its agents shall | 0002| keep confidential the identity of each person | 0003| interviewed in the course of the investigation. | 0004| 4. Within twenty (20) days of the receipt of a | 0005| completed application for licensing, and upon | 0006| request of an applicant, the Tribal Gaming | 0007| Agency may issue a temporary license to the | 0008| applicant, unless the background investigation | 0009| undertaken discloses that the applicant has a | 0010| criminal history, or unless other grounds | 0011| sufficient to disqualify the applicant are | 0012| apparent on the face of the application. The | 0013| temporary license shall become void and be of no | 0014| effect upon either: | 0015| (a) the issuance of the license; | 0016| (b) the issuance of a notice of denial; or | 0017| (c) ninety (90) days after the temporary | 0018| license is issued unless the state review | 0019| time is enlarged as provided in Section | 0020| 5.E.2, whichever occurs earlier. | 0021| 5. The Tribal Gaming Agency shall review a | 0022| person's prior activities, criminal record, if | 0023| any, and reputation, habits, and associations to | 0024| make a finding concerning the eligibility or | 0025| suitability of an applicant, or a principal, key | 0001| employee or primary management official of an | 0002| applicant, for employment or involvement in a | 0003| gaming enterprise. After such consultation, the | 0004| Tribal Gaming Agency shall either issue a | 0005| license or deny the application. If the Tribal | 0006| Gaming Agency determines that employment or | 0007| involvement of the applicant poses a threat to | 0008| the public interest, or to the effective | 0009| regulation of Class III Gaming, or creates or | 0010| enhances dangers of unsuitable, unfair, or | 0011| illegal practices, methods, or activities in the | 0012| conduct of Class III Gaming, the Tribal Gaming | 0013| Agency shall deny the application. | 0014| 6. The Tribal Gaming Agency shall retain the | 0015| right to conduct additional background | 0016| investigations of any person required to be | 0017| licensed at any time while the license is valid. | 0018| D. Procedure for Forwarding Applications and Reports. | 0019| Procedures for forwarding applications and investigative | 0020| reports to the Commission and State Gaming Representative. | 0021| 1. When a key employee or primary management | 0022| official begins work at a gaming enterprise | 0023| authorized by this Compact, the Tribal Gaming | 0024| Agency shall forward to the Commission and the | 0025| State Gaming Representative a completed | 0001| application for employment. | 0002| 2. The Tribal Gaming Agency shall forward the | 0003| report referred to in Paragraph D.4. of this | 0004| section to the Commission and the State Gaming | 0005| Representative within sixty (60) days after an | 0006| employee begins works or within sixty (60) days | 0007| of the approval of this Compact by the Secretary | 0008| of the Interior. | 0009| 3. A key employee or primary management | 0010| official who does not have a license shall not | 0011| be employed after ninety (90) days. | 0012| 4. The Tribal Gaming Agency shall prepare and | 0013| forward to the Commission and the State Gaming | 0014| Representative a report on each background | 0015| investigation ("Investigative Report"). An | 0016| Investigative Report shall include all of the | 0017| following: | 0018| (a) steps taken in conducting the | 0019| background investigation; | 0020| (b) results obtained; | 0021| (c) conclusions reached; and | 0022| (d) the basis for those conclusions. | 0023| 5. The Tribal Gaming Agency shall submit with | 0024| the Investigative Report a copy of the | 0025| eligibility determination made under Paragraph | 0001| C.5. of this section. | 0002| 6. If a license is not issued to an applicant, | 0003| the Tribal Gaming Agency shall notify the | 0004| Commission and the State Gaming Representative. | 0005| 7. With respect to principals, key employees | 0006| and primary management officials, the Tribal | 0007| Gaming Agency shall retain applications for | 0008| employment and Investigative Reports (if any) | 0009| for no less than three (3) years from the date | 0010| of termination of employment. | 0011| E. Granting a Gaming License. | 0012| 1. If within thirty (30) days after it receives | 0013| an Investigative Report, neither the Commission | 0014| nor the State Gaming Representative has notified | 0015| the Tribal Gaming Agency that it has an | 0016| objection to the issuance of a license pursuant | 0017| to a license application filed by a principal, | 0018| key employee, or a primary management official, | 0019| the Tribal Gaming Agency may issue a license to | 0020| such applicant. | 0021| 2. The Tribal Gaming Agency shall respond to | 0022| any request for additional information from the | 0023| Commission or the State Gaming Representative | 0024| concerning a principal, key employee, or primary | 0025| management official who is the subject of an | 0001| Investigative Report. Such a request shall | 0002| suspend the thirty (30) day period under | 0003| Paragraph E.1. of this Section until the | 0004| Commission or the State Gaming Representative | 0005| receives the additional information. However, | 0006| in no event shall a request for additional | 0007| information by the State Gaming Representative | 0008| extend the thirty (30) day period under | 0009| Paragraph E.1. of this section for a total | 0010| period of more than sixty (60) days from the | 0011| date the State Gaming Representative received | 0012| the investigative report. | 0013| 3. If, within the thirty (30) day period | 0014| described above, the Commission or the State | 0015| Gaming Representative provides the Tribal Gaming | 0016| Agency with a statement itemizing objections to | 0017| the issuance of a license to a principal, key | 0018| employee or to primary management official for | 0019| whom the Tribal Gaming Agency has provided an | 0020| application and Investigative Report, the Tribal | 0021| Gaming Agency shall reconsider the application | 0022| taking into account the objections itemized by | 0023| the Commission and/or the State Gaming | 0024| Representative, and make a final decision | 0025| whether to issue a license to such applicant. | 0001| F. Management Contract. | 0002| 1. If the Tribe chooses to enter into a | 0003| Management Contract, the Tribal Gaming | 0004| Agency shall require that all principals, | 0005| primary management officials, and key | 0006| employees of the Contractor be licensed. | 0007| 2. The Tribe may enter into a Management | 0008| Contract only if the Management Contract: | 0009| (a) provides that all Class III Gaming | 0010| covered by the Management Contract will be | 0011| conducted in accordance with IGRA, the | 0012| Ordinance, and this Compact; | 0013| (b) enumerates the responsibilities of | 0014| each of the parties for each identifiable | 0015| function, including: | 0016| (1) maintaining and improving the | 0017| Gaming Facility; | 0018| (2) providing operating capital; | 0019| (3) | 0020| establishing | 0021| operating days | 0022| and hours; | 0023| (4) hiring, | 0024| firing, | 0025| training, and | 0001| promoting | 0002| employees; | 0003| (5) | 0004| maintaining the | 0005| gaming | 0006| enterprise's | 0007| books and | 0008| records; | 0009| (6) preparing the gaming | 0010| enterprise's financial statements and | 0011| reports; | 0012| (7) paying for the services of the | 0013| independent auditor engaged pursuant | 0014| to 25 C.F.R. 571.12; | 0015| (8) hiring and | 0016| supervising | 0017| security | 0018| personnel; | 0019| (9) providing fire protection | 0020| services; | 0021| (10) setting | 0022| advertising | 0023| budget and | 0024| placing | 0025| advertising; | 0001| (11) paying bills and expenses; | 0002| (12) | 0003| establishing | 0004| and | 0005| administering | 0006| employment | 0007| practices; | 0008| (13) obtaining and maintaining | 0009| insurance coverage, including | 0010| coverage of public liability and | 0011| property loss or damage; | 0012| (14) complying with all applicable | 0013| provisions of the Internal Revenue | 0014| Code; | 0015| (15) paying | 0016| the cost of | 0017| public safety | 0018| services; and | 0019| (16) if applicable, supplying the | 0020| Commission with all information | 0021| necessary for the Commission to | 0022| comply with the National | 0023| Environmental Policy Act; | 0024| (c) provides for the establishment and | 0025| maintenance of satisfactory accounting | 0001| systems and procedures that shall, at | 0002| minimum: | 0003| (1) include an | 0004| adequate system | 0005| of internal | 0006| controls; | 0007| (2) permit the preparation of | 0008| financial statements in accordance | 0009| with generally accepted accounting | 0010| principles; | 0011| (3) be susceptible to audit; | 0012| (4) permit the calculation and | 0013| payment of the Management | 0014| Contractor's fee; and | 0015| (5) provide for the allocation of | 0016| operating expenses or overhead | 0017| expenses among the Tribe, the | 0018| Management Contractor, and any other | 0019| user of shared Gaming Facilities and | 0020| services; | 0021| (d) requires the Management Contractor to | 0022| provide the Tribe, not less frequently than | 0023| monthly, verifiable financial reports or | 0024| all information necessary to prepare such | 0025| reports; | 0001| (e) requires the Management Contractor to | 0002| provide immediate access to the Gaming | 0003| Facility, including its books and records, | 0004| by appropriate tribal officials, who shall | 0005| have: | 0006| (1) the right to verify the daily | 0007| gross revenues and income from the | 0008| gaming enterprise; and | 0009| (2) access to any other gaming- | 0010| related information the Tribe deems | 0011| appropriate; | 0012| (f) provides for a minimum guaranteed | 0013| monthly payment to the Tribe in a sum | 0014| certain that has preference over the | 0015| retirement of development and construction | 0016| costs; | 0017| (g) provides an agreed upon maximum dollar | 0018| amount for the recoupment of development | 0019| and construction costs; | 0020| (h) provides for a term not to exceed the | 0021| period allowed by the IGRA; | 0022| (i) details the method of compensating and | 0023| reimbursing the management Contractor. If | 0024| a Management Contract provides for a | 0025| percentage fee, such fee shall be either: | 0001| (1) not more than thirty percent | 0002| (30%) of the net revenues of the | 0003| gaming enterprise if the Chairman of | 0004| the Commission is satisfied that such | 0005| percentage is reasonable considering | 0006| the circumstances; or | 0007| (2) not more than forty percent | 0008| (40%) of the net revenues if the | 0009| Chairman of the Commission is | 0010| satisfied that the capital investment | 0011| required and income projections for | 0012| the gaming enterprise require the | 0013| additional fee; | 0014| (j) provides the grounds and mechanisms | 0015| for modifying or terminating the Management | 0016| Contract; | 0017| (k) contains a mechanism to resolve | 0018| disputes between: | 0019| (1) the Management Contractor and | 0020| customers, consistent with the | 0021| procedures in the Ordinance; | 0022| (2) the Management Contractor and | 0023| the Tribe; and | 0024| (3) the Management Contractor and | 0025| the gaming enterprise employees; | 0001| (1) indicates whether and to what extent | 0002| contract assignments and subcontracting are | 0003| permissible; | 0004| (m) indicates whether and to what extent | 0005| changes in the ownership interest in the | 0006| Management Contract require advance | 0007| approval by the Tribe; and | 0008| (n) states that the Management Contract | 0009| shall not be effective unless and until it | 0010| is approved by the Chairman of the | 0011| Commission, date of signature of the | 0012| parties notwithstanding. | 0013| 3. The Tribe shall not enter into any Management | 0014| Contract if the Tribal Gaming Agency determines | 0015| that the Management Contractor or any principal, | 0016| primary management official, or key employee of the | 0017| Management Contractor is not licensed or is | 0018| ineligible to be licensed. | 0019| G. Access to Records. Any and all documents, records, | 0020| and other information pertaining to receipts and expenditures | 0021| of the tribal gaming enterprise, security and surveillance | 0022| systems, background investigations, technical information | 0023| pertaining to gaming devices, and other documents designated | 0024| "confidential" by the tribal gaming agency or the tribal gaming | 0025| enterprise that are received by the state gaming representative | 0001| or his designee shall not be considered public records of the | 0002| state, and shall not be disclosed by any state official to any | 0003| member of the public without the express prior written consent | 0004| of the tribe. Nothing herein, however, shall prevent the state | 0005| gaming representative or his designee from sharing information | 0006| with other state or federal agencies, as needed to perform its | 0007| functions under this compact, or from complying with a valid | 0008| court order compelling production of such documents, but in the | 0009| event of any lawsuit in which production is sought by any | 0010| party, without a confidentiality order being imposed on these | 0011| documents, the state gaming representative or his designee (or | 0012| other state agency in possession of such records) shall give | 0013| notice to the tribe prior to producing any such records, and | 0014| shall not object to the tribe's intervention in such action for | 0015| the purpose of opposing such disclosure of records. | 0016| SECTION 6. Providers of Class III Gaming Equipment or | 0017| Supplies. | 0018| A. Within thirty (30) days after the effective date of | 0019| this Compact, if it has not already done so, the Tribal Gaming | 0020| Agency will adopt standards for any and all Class III Gaming | 0021| equipment, devices or supplies to be purchased, leased, or | 0022| otherwise acquired by the Tribe after the effective date of | 0023| this Compact for use in any Gaming Facility which standards | 0024| shall be at least as strict as the comparable standards | 0025| applicable to Class III Gaming equipment, devices, or supplies | 0001| within the State of Nevada. Any and all Class III Gaming | 0002| equipment, devices, or supplies acquired by the Tribe after the | 0003| date of this Compact shall meet or exceed the standards thereby | 0004| adopted, and any and all Class III Gaming equipment, devices, | 0005| or supplies utilized by the Tribe in its Gaming Facilities as | 0006| of the effective date of this Compact shall be upgraded or | 0007| replaced, if necessary, so as to comply with such standards, by | 0008| no later than one (1) year after the effective date of this | 0009| Compact. | 0010| B. Prior to entering into any future lease or purchase | 0011| agreement Gaming equipment, the Tribe shall obtain sufficient | 0012| information and identification from the proposed seller or | 0013| lessor and all persons holding any direct or indirect financial | 0014| interest in the lessor or the lease-purchase agreement to | 0015| permit the Tribe to license those persons in accordance with | 0016| Section 5, hereof. | 0017| C. The seller, lessor, manufacturer, or distributor | 0018| shall provide, assemble, and install all Class III Gaming | 0019| equipment, devices, and supplies in a manner approved and | 0020| licensed by the Tribe. | 0021| SECTION 7. Dispute Resolution. | 0022| A. In the event either party believes that the other | 0023| party has failed to comply with or has otherwise breached any | 0024| provision of this Compact, such party may invoke the following | 0025| procedure: | 0001| 1. the party asserting noncompliance shall serve | 0002| written notice on the other party. The notice | 0003| shall identify the specific Compact provision | 0004| believed to have been violated and shall specify | 0005| the factual and legal basis for the alleged | 0006| noncompliance. The notice shall specifically | 0007| identify the date, time, and nature of the alleged | 0008| noncompliance. Representatives of the State and | 0009| Tribe shall thereafter meet within thirty (30) days | 0010| in an effort to resolve the dispute; | 0011| 2. in the event an allegation by the complaining | 0012| party is not resolved to the satisfaction of such | 0013| party within ninety (90) days after service of the | 0014| notice set forth in Paragraph (A)(1) of this | 0015| Section, the complaining party may serve upon the | 0016| other party a notice to cease conduct of the | 0017| particular game(s) or activities alleged by the | 0018| complaining party to be in noncompliance. Upon | 0019| receipt of such notice, the responding party may | 0020| elect to stop the game(s) or activities specified | 0021| in the notice or invoke arbitration and continue | 0022| the game(s) or activities pending the results of | 0023| arbitration. The responding party shall act upon | 0024| one of the foregoing options within thirty (30) | 0025| days of receipt of notice from the complaining | 0001| party; | 0002| 3. arbitration under this authority shall be | 0003| conducted under the Commercial Arbitration Rules of | 0004| the American Arbitration Association, except that | 0005| the arbitrators shall be attorneys who are licensed | 0006| members of the State Bar of New Mexico or of the | 0007| bar of another state, in good standing. The State | 0008| will select one arbitrator, the Tribe a second | 0009| arbitrator, and the two so chosen shall select a | 0010| third arbitrator. If the third arbitrator is not | 0011| chosen in this manner within ten (10) days after | 0012| the second arbitrator is selected, the third | 0013| arbitrator will be chosen in accordance with the | 0014| rules of the American Arbitration Association; | 0015| 4. all parties shall bear their own costs of | 0016| arbitration and attorney fees; and | 0017| 5. the results of arbitration shall be enforceable | 0018| by an action for injunctive or mandatory injunctive | 0019| relief against the State and the Tribe in any court | 0020| of competent jurisdiction. For purposes of any | 0021| such action, the State and the Tribe acknowledge | 0022| that any action or failure to act on the part of | 0023| any agent or employee of the State or the Tribe, | 0024| contrary to a decision of the arbitrators in an | 0025| arbitration proceeding conducted under the | 0001| provisions of this Section, occurring after such | 0002| decision, shall be wholly unauthorized and ultra | 0003| vires acts, not protected by the sovereign immunity | 0004| of the State or the Tribe. | 0005| B. Nothing in Subsection 7(A) shall be construed to | 0006| waive, limit or restrict any remedy which is otherwise | 0007| available to either party to enforce or resolve disputes | 0008| concerning the provisions of this Compact. Nothing in this | 0009| Compact shall be deemed a waiver of the Tribe's sovereign | 0010| immunity. Nothing in this Compact shall be deemed a waiver of | 0011| the State's sovereign immunity. | 0012| SECTION 8. Protection of Patrons. | 0013| A. Liability to Patrons. To insure the personal safety | 0014| and protection of patrons and other invitees of the Tribe's | 0015| Gaming Facilities operated under the provisions of this | 0016| Compact, the Tribe shall at all times maintain in effect a | 0017| policy of public liability insurance, insuring the Tribe, its | 0018| agents and employees against any claims, demands or liability | 0019| that may arise as a result of personal injury to any person | 0020| (other than an employee of the gaming establishment) occurring | 0021| anywhere on the premises of any gaming establishment operated | 0022| by the Tribe under the provisions of this Compact, or as a | 0023| result of any act or omission of any agent or employee of such | 0024| gaming establishment while in the course of his or her | 0025| employment, which policy shall provide personal injury coverage | 0001| of no less than One Million Dollars ($1,000,000) per injured | 0002| person and Ten Million Dollars ($10,000,000) aggregate per | 0003| policy year. | 0004| 1. The Tribe agrees that in the event of any claim | 0005| made against it or its gaming enterprise, or any agent or | 0006| employee thereof, arising out of any personal injury as | 0007| described above, neither the Tribe nor its insurer will assert | 0008| any defense of immunity from suit as to such claim for | 0009| compensatory damages up to the amount of One Million Dollars | 0010| ($1,000,000) per injured person, in any action filed in a court | 0011| of competent jurisdiction to be tried to the court; provided, | 0012| however, that this agreement not to assert such defense shall | 0013| be strictly limited as provided herein, and shall not apply to | 0014| any claim for punitive damages, or to any claim for which a | 0015| jury trial is demanded, or to any claim for any loss or damage | 0016| other than that arising from actual bodily injury or death, or | 0017| to any claim for damages in excess of the amounts set forth | 0018| herein. Nothing herein shall be construed as stating or | 0019| implying that the Tribe has waived or agreed not to assert its | 0020| immunity from suit for any other purpose or in any other | 0021| circumstance other than the limited purposes and circumstances | 0022| expressly set forth herein, nor shall anything herein be | 0023| construed as an admission of liability as to any claim for | 0024| damages or as an agreement or indication of willingness to pay | 0025| any amount as damages absent a judicial determination of fault, | 0001| and the Tribe or its insurer, or both, shall in every instance | 0002| have the right to defend any such claim fully on the merits. | 0003| 2. The Tribe shall provide to the State Gaming | 0004| Representative annually a certificate of insurance showing that | 0005| its gaming enterprise and its agents and employees engaged | 0006| therein, are insured to the extent and in the circumstances | 0007| required by this Section, or that it is self-insured to such | 0008| extent and in such circumstances. If the State Gaming | 0009| Representative so requests in writing, the certificate of | 0010| insurance may be furnished directly to the State Gaming | 0011| Representative from the insurance carrier or the insuring | 0012| agency for the insured Tribe. | 0013| B. Public Health and Safety. The Tribe will establish | 0014| for its Gaming Facilities health, safety, and construction | 0015| standards that are at least as stringent as the current | 0016| editions of the National Electrical Code, the Uniform Building | 0017| Code, the Uniform Mechanical Code, the Uniform Fire Code, and | 0018| the Uniform Plumbing Code, and any and all gaming facilities or | 0019| additions thereto constructed by the Tribe hereafter shall be | 0020| constructed and all facilities shall be maintained so as to | 0021| comply with such standards. Inspections will be conducted with | 0022| respect to these standards at least annually. If the State | 0023| Gaming Representative requests sufficiently in advance of an | 0024| annual inspection, the representative may be present during | 0025| such inspection. The Tribe agrees to correct any deficiencies | 0001| noted in such inspections within a reasonable period of time. | 0002| The Tribal Gaming Agency will provide copies of such inspection | 0003| reports to the State Gaming Representative, if requested to do | 0004| so in writing. | 0005| SECTION 9. Effective Date. | 0006| This Compact shall be effective immediately upon the | 0007| occurrence of the last of the following: | 0008| A. execution by the Tribe's Governor or President after | 0009| approval by the Tribal Council; | 0010| B. execution by the Governor of the State; | 0011| C. approval by the Secretary of the Interior; and | 0012| D. publication in the Federal Register. | 0013| SECTION 10. Criminal Jurisdiction. | 0014| The Tribe and the State acknowledge that under the | 0015| provisions of Section 23 of IGRA, especially that portion | 0016| codified at 18 U.S.C. 1166(d), jurisdiction to prosecute | 0017| violations of state gambling laws made applicable by that | 0018| section to Indian country is vested exclusively within the | 0019| United States, unless the Tribe and the State agree in a | 0020| compact entered into under IGRA to acknowledge such | 0021| jurisdiction in the State. The Tribe and the State hereby | 0022| agree that, in the event of any violation of any state gambling | 0023| law within the Indian Lands by any person who is not a member | 0024| of the Tribe, the State shall have and may exercise | 0025| jurisdiction, concurrent with that of the United States, to | 0001| prosecute such person, under its laws and in its courts; | 0002| provided, however, that this concurrent jurisdiction shall (1) | 0003| not take effect unless and until the State and the Tribe shall | 0004| have entered into a Memorandum of Understanding ("MOU") with | 0005| respect to the manner in which State and tribal law enforcement | 0006| agencies shall cooperate with each other and with federal | 0007| authorities in the detection of violations, apprehension and | 0008| detention of any suspected violator, and the investigation and | 0009| prosecution of any charges brought by the State pursuant to | 0010| this Section and (2) continue so long as the MOU remains in | 0011| effect. For the purposes of negotiating and executing such a | 0012| Memorandum of Understanding, the Legislature authorizes the | 0013| State District Attorney for the Judicial District in which the | 0014| Tribes' lands are located to act on behalf of the State. | 0015| SECTION 11. Binding Effect and Duration. | 0016| A. This Compact shall be binding upon the State and | 0017| Tribe for a term of fifteen (15) years from the date it becomes | 0018| effective and will automatically renew for an additional five | 0019| (5) year period unless modified or terminated by written | 0020| agreement of both parties. | 0021| B. Before the date that is one year prior to the | 0022| expiration of the fifteen (15) year initial term, and/or before | 0023| the date that is one year prior to the expiration of the five | 0024| (5) year renewal period, either party may serve written notice | 0025| on the other of its desire to renegotiate this Compact. | 0001| C. In the event that either party gives written notice | 0002| to the other of its desire to renegotiate this Compact pursuant | 0003| to Subsection (B) of this Section, the Tribe may, pursuant to | 0004| the procedures of IGRA, request the State to enter into | 0005| negotiations for a new compact governing the conduct of Class | 0006| III Gaming. If the parties are unable to conclude a successor | 0007| compact, this Compact shall remain in full force and effect | 0008| pending exhaustion of the administrative and judicial remedies | 0009| set forth in IGRA and any other applicable federal law. | 0010| D. Notwithstanding the foregoing, at any time while this | 0011| Compact remains in effect, either party may, by written notice | 0012| to the other party, request reopening negotiations with respect | 0013| to any provision of this Compact, or with respect to any issue | 0014| not addressed in the Compact, specifying such provision or | 0015| issue in such notice. No such request shall be unreasonably | 0016| refused, but neither party shall be required to agree to any | 0017| change in the Compact, and no agreement to supplement or amend | 0018| this Compact in any respect shall have any validity until the | 0019| same shall have been approved in writing by the Tribe, the | 0020| State, and the Secretary of the Interior and notice of such | 0021| approval published in the Federal Register. | 0022| E. The Tribe may operate Class III Gaming only while | 0023| this Compact or any renegotiated compact is in effect. | 0024| SECTION 12. Severability. | 0025| In the event that any Section or provision of this | 0001| Compact is held invalid by any court of competent jurisdiction, | 0002| it is the intent of the parties that the remaining sections or | 0003| provisions of this Compact, and any amendments thereto, shall | 0004| continue in full force and effect. | 0005| SECTION 13. Notice to Parties. | 0006| Unless otherwise indicated, all notices, payments, | 0007| requests, reports, information, or demand which any party | 0008| hereto may desire or may be required to give to the other party | 0009| hereto, shall be in writing, and shall be personally delivered | 0010| or sent by first-class mail sent to the other party at its | 0011| address appearing below or such other address as any party | 0012| shall hereinafter inform the other party hereto by written | 0013| notice given as aforesaid: | 0014| Notice to the Tribe shall be sent to: | 0015| Office of the Governor or President Tribal Gaming | 0016| Agency | 0017| | 0018| Notice to the State shall be sent to: | 0019| Governor's Office Office of Attorney General | 0020| State of New Mexico State of New Mexico | 0021| Santa Fe, New Mexico Santa Fe, New Mexico | 0022| Every notice, payment, request, report, information, or demand | 0023| so given shall be deemed effective upon receipt, or if mailed, | 0024| upon receipt or the expiration of the third day following the | 0025| day of mailing, whichever occurs first, except that any notice | 0001| of change of address shall be effective only upon receipt by | 0002| the party to whom said notice is addressed. | 0003| SECTION 14. Entire Agreement. | 0004| This Compact is the entire agreement between the parties | 0005| and supersedes all prior agreements, whether written or oral, | 0006| with respect to the subject matter hereof. Neither this | 0007| Compact nor any provision herein may be changed, waived, | 0008| discharged, or terminated orally, but only by an instrument, in | 0009| writing, signed by the Tribe and the State, and approved by the | 0010| Secretary of the Interior. | 0011| SECTION 15. Filing of Compact with Secretary of State. | 0012| Upon the effective date of this Compact, a certified copy | 0013| shall be filed by the Tribe with the New Mexico Secretary of | 0014| State, and a copy shall be transmitted to the New Mexico | 0015| Attorney General. Any subsequent amendment or modification of | 0016| this Compact shall be filed with the New Mexico Secretary of | 0017| State and a copy shall be transmitted to the New Mexico | 0018| Attorney General." | 0019| Section 6. [NEW MATERIAL] REVENUE SHARING AGREEMENTS | 0020| AUTHORIZED AND REQUIRED.-- | 0021| A. The governor of the state shall not enter into | 0022| any tribal-state gaming compact on behalf of the state unless | 0023| the Tribe requesting the compact agrees to enter into a revenue | 0024| sharing agreement with the state. | 0025| B. The governor of the state is hereby authorized | 0001| and directed to execute on behalf of the state tribal-state | 0002| revenue sharing agreements with the following tribal | 0003| governments: the pueblos of Acoma, Isleta, Nambe, Pojoaque, | 0004| San Felipe, San Ildefonso, San Juan, Sandia, Santa Ana, Santa | 0005| Clara, Taos, and Tesuque, the Jicarilla Apache tribe and the | 0006| Mescalero Apache tribe in the form set forth in Section 7 of | 0007| the Tribal Governmental Gaming Compact Act. | 0008| C. The governor of the state is hereby authorized | 0009| and directed to execute on behalf of the state a tribal-state | 0010| revenue sharing agreement in the form set forth in Section 7 of | 0011| the Tribal Governmental Gaming Compact Act. | 0012| D. Any tribal-state revenue sharing agreement | 0013| executed by the governor pursuant to Subsections A or B of this | 0014| section shall constitute a binding obligation of the state, | 0015| once the agreement takes effect. | 0016| Section 7. [NEW MATERIAL] FORM OF REVENUE SHARING | 0017| AGREEMENT.-- | 0018| Revenue sharing agreements with tribes concerning class | 0019| III gaming revenues shall have the following form: | 0020| "TRIBAL-STATE | 0021| REVENUE SHARING AGREEMENT | 0022| This Agreement made between the State of New Mexico | 0023| (hereinafter referred to as "State") and the _______________ | 0024| (hereinafter referred to as "Tribe"), parties to a Compact | 0025| between the Tribe and the State, executed more or less | 0001| contemporaneously with this Agreement. The parties agree as | 0002| follows: | 0003| 1. Summary. The Tribe agrees to contribute certain of | 0004| its Class III Gaming revenues, as described below, to the | 0005| State, on the terms and conditions contained in this Agreement. | 0006| 2. Purpose. The purpose of this Agreement is to | 0007| compensate the State for maintaining market exclusivity of | 0008| tribal gaming. Tribal revenue sharing will, therefore, be | 0009| limited to the extent that competing games are conducted | 0010| outside Indian Lands. This Agreement is intended to recognize | 0011| the existing lawful levels of gaming permitted under State law | 0012| and public policy. A central purpose of this Agreement is that | 0013| if such existing lawful levels of gaming are increased, except | 0014| as referred to under Paragraph 5(B) of this Agreement, the | 0015| Tribe's revenue sharing obligation hereunder shall terminate. | 0016| 3. Revenue to State Government. The parties agree that, | 0017| after the effective date hereof, the Tribe shall make semi- | 0018| annual payments to the General Fund of the State ("State | 0019| General Fund") in the amount calculated pursuant to Paragraph 4 | 0020| of this Agreement. | 0021| 4. Calculation of Revenue to State Government. | 0022| A. The total revenue the Tribe will pay to the State | 0023| Government pursuant to Paragraph 3 of this Agreement shall be | 0024| Five Percent (5%) of the gross gaming receipts at each Gaming | 0025| Facility derived from Class III games of chance which are | 0001| protected by the limitations in Paragraph 5 of this Agreement | 0002| and elsewhere herein. | 0003| B. For purposes of these payments, all calculations | 0004| of amounts due shall be based upon a calendar year beginning | 0005| January 1 and ending December 31, unless the parties agree on a | 0006| different fiscal year. The semi-annual payments due to the | 0007| State Government pursuant to these terms shall be paid no later | 0008| than twenty-five (25) days after December 31 and June 30 of | 0009| each year (or commensurate dates if the fiscal year agreed upon | 0010| is different from the calendar year). Any payments due and | 0011| owing from the Tribe in the year the Compact is approved, or | 0012| the final year the Compact is in force, shall reflect the gross | 0013| gaming receipts, but only for the portion of the year the | 0014| Compact is in effect. Any adjustments to revenue sharing | 0015| payments arising from the annual audit report required under | 0016| the Compact will be reflected in the next following semi-annual | 0017| payment under this Revenue Sharing Agreement. | 0018| 5. Limitations. The Tribe's obligation to make the | 0019| payments provided for in Paragraphs 3 and 4 of this Agreement | 0020| shall apply and continue only so long as there is a binding | 0021| Compact in effect between the Tribe and the State which Compact | 0022| provides for the play of Class III games of chance, but shall | 0023| terminate in the event of any of the following conditions: | 0024| A. if the State passes, amends, or repeals any law, | 0025| or takes any other action, which would directly or indirectly | 0001| attempt to restrict, or has the effect of restricting, the | 0002| scope of Indian gaming. | 0003| B. if the State permits any expansion of non-tribal | 0004| Class III Gaming in the State. Notwithstanding this general | 0005| prohibition against permitted expansion of gaming activities, | 0006| the State may permit (1) the existing State lottery, (2) any | 0007| veterans, fraternal, or other non-profit membership | 0008| organization to operate one or more electronic gaming machines | 0009| on such organization's premises for the benefit of its members, | 0010| but only for the benefit of such organization's members, and | 0011| only if such devices are required to meet the standards | 0012| applicable to such devices in the State of Nevada by no later | 0013| than one year after the date of enactment of legislation making | 0014| such devices lawful, and (3) any horse racing tracks to operate | 0015| electronic gaming devices on days on which live horse racing or | 0016| simulcast of horse races occurring at horse racing tracks | 0017| elsewhere within New Mexico are conducted at such tracks; | 0018| provided, however, that for any day on which electronic gaming | 0019| devices are permitted to be operated under this provision at | 0020| any horse racing track located within 150 miles of a Gaming | 0021| Facility owned by the Tribe, one-half of the gross gaming | 0022| receipts derived from electronic gaming devices at such Gaming | 0023| Facility for such day would be exempt from any revenue sharing | 0024| obligation under the provisions of this Agreement (except that | 0025| if electronic gaming devices are operated at such horse racing | 0001| track for more than 12 hours on any such day, all of the | 0002| Tribe's revenues from electronic gaming devices on such day | 0003| shall be exempt from any revenue sharing obligation under the | 0004| provisions of this Agreement), and provided further that there | 0005| will be no exemption from State taxes imposed on gross receipts | 0006| of such electronic gaming devices at horse racing tracks. | 0007| Notwithstanding the reference to permitted live horse racing | 0008| dates, any increase in the number of permitted live horse | 0009| racing dates on which electronic gaming devices are permitted | 0010| to be operated shall constitute an unpermitted expansion of | 0011| gaming. | 0012| 6. Effect of Variance. | 0013| A. In the event the acts or omissions of the State | 0014| cause the Tribe's obligation to make payments under Paragraph 4 | 0015| of this Agreement to terminate under the provisions of | 0016| Paragraph 5 of this Agreement, such cessation of obligation to | 0017| pay will not adversely affect the validity of the Compact, but | 0018| the maximum amount that the Tribe agrees to reimburse the State | 0019| for actual documented regulatory costs under Section 4(E)(5) of | 0020| the Compact shall automatically increase to One Hundred | 0021| Thousand Dollars ($100,000) per year. | 0022| B. In the event a Tribe's revenue sharing payment to | 0023| the State is less than one hundred thousand dollars ($100,000) | 0024| per year, the maximum amount that the Tribe agrees to reimburse | 0025| the State for actual documented regulatory costs under Section | 0001| (4)(E)(5) of the Compact shall automatically increase to one | 0002| hundred thousand dollars per year ($100,000) less the amount of | 0003| the revenue sharing payment. | 0004| 7. Interpretation. This Agreement shall be broadly | 0005| construed to accomplish its purpose. | 0006| 8. Dispute Resolution. In the event either party fails | 0007| to comply with or otherwise breaches any provision of this | 0008| Agreement, the aggrieved party may invoke the dispute | 0009| resolution procedure set out in the Compact. | 0010| 9. Effective Date. This Agreement shall become effective | 0011| on the date that the Compact between the State and the Tribe | 0012| becomes effective. | 0013| 10. Amendments. Any amendment to this Agreement shall be | 0014| in writing and signed by both parties. The terms and | 0015| conditions of this Agreement shall remain in effect until | 0016| amended, modified or terminated, by agreement of the parties. | 0017| 11. Third-Party Beneficiaries. This Agreement is not | 0018| intended to create any third-party beneficiaries and is entered | 0019| into solely for the benefit of the Tribe and the State. | 0020| 12. Definitions. Unless otherwise provided herein, terms | 0021| in this Agreement shall have the same meanings as such terms | 0022| are given in Section 2 of the Compact." | 0023| Section 8. [NEW MATERIAL] RATIFICATION AND APPROVAL.-- | 0024| The ratification and approval of forms of a tribal-state gaming | 0025| compact and revenue-sharing agreement by this state shall not | 0001| be binding or obligatory until it shall have been likewise | 0002| approved by the tribal government as a party to a state-tribal | 0003| gaming compact and revenue-sharing agreement with the state, | 0004| and by the Secretary of the Interior, notice of which approval | 0005| has been published in the Federal Register as provided by IGRA. | 0006| Section 9. [NEW MATERIAL] STATE GAMING | 0007| REPRESENTATIVE.--The director of the alcohol and gaming | 0008| division of the regulation and licensing department shall be | 0009| the state gaming representative for the purposes of | 0010| implementing tribal-state gaming compacts. | 0011| Section 10. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0012| through 70 of this act may be cited as the "Gaming Control | 0013| Act". | 0014| Section 11. [NEW MATERIAL] POLICY.--It is the state | 0015| policy on gaming that: | 0016| A. limited gaming activities should be allowed in | 0017| the state if those activities are strictly regulated to ensure | 0018| honest and competitive gaming that is free from criminal and | 0019| corruptive elements and influences; and | 0020| B. the holder of any license issued by the state in | 0021| connection with the regulation of gaming activities has a | 0022| revocable privilege only and has no property right or vested | 0023| interest in the license. | 0024| Section 12. [NEW MATERIAL] DEFINITIONS.--As used in | 0025| the Gaming Control Act: | 0001| A. "administrator" means the executive director or | 0002| the security director; | 0003| B. "affiliate" means a person who, directly or | 0004| indirectly through one or more intermediaries, controls, is | 0005| controlled by or is under common control with a specified | 0006| person; | 0007| C. "affiliated company" means a company that: | 0008| (1) controls, is controlled by or is under | 0009| common control with a company licensee; and | 0010| (2) is involved in gaming activities or | 0011| involved in the ownership of property on which gaming is | 0012| conducted; | 0013| D. "applicant" means a person who has applied for a | 0014| license or for approval of an act or transaction for which | 0015| approval is required or allowed pursuant to the provisions of | 0016| the Gaming Control Act; | 0017| E. "application" means a request for the issuance of | 0018| a license or for approval of an act or transaction for which | 0019| approval is required or allowed pursuant to the provisions of | 0020| the Gaming Control Act, but "application" does not include a | 0021| supplemental form or information that may be required with the | 0022| application; | 0023| F. "associated equipment" means equipment or a | 0024| mechanical, electromechanical or electronic contrivance, | 0025| component or machine used in connection with gaming; | 0001| G. "board" means the gaming control board; | 0002| H. "certification" means a notice of approval by the | 0003| board of the premises on which gaming activity is conducted or | 0004| of a person required to be certified by the board; | 0005| I. "company" means a corporation, partnership, | 0006| limited partnership, trust, association, joint stock company, | 0007| joint venture, limited liability company or other form of | 0008| business organization that is not a natural person; | 0009| J. "distributor" means a person who supplies gaming | 0010| devices to a gaming operator but does not manufacture gaming | 0011| devices; | 0012| K. "equity security" means an interest in a company | 0013| that is evidenced by: | 0014| (1) voting stock or similar security; | 0015| (2) a security convertible into voting stock or | 0016| similar security, with or without consideration, or a security | 0017| carrying a warrant or right to subscribe to or purchase voting | 0018| stock or similar security; | 0019| (3) a warrant or right to subscribe to or | 0020| purchase voting stock or similar security; or | 0021| (4) a security having a direct or indirect | 0022| participation in the profits of the issuer; | 0023| L. "executive director" means the chief | 0024| administrative officer appointed by the board; | 0025| M. "finding of suitability" means a certification of | 0001| approval issued by the board permitting a person to be involved | 0002| directly or indirectly with a licensee, relating only to the | 0003| specified involvement for which it is made; | 0004| N. "game" means an activity in which, upon payment | 0005| of consideration, a player receives a prize or other thing of | 0006| value, the award of which is determined by chance even though | 0007| accompanied by some skill; "game" does not include an activity | 0008| played in a private residence in which no person makes money | 0009| for operating the activity except through winnings as a player; | 0010| O. "gaming" means offering games for play or the use | 0011| or play of a game by a gaming establishment patron; | 0012| P. "gaming activity" means any endeavor associated | 0013| with the manufacture or distribution of gaming devices or the | 0014| conduct of gaming; | 0015| Q. "gaming device" means associated equipment or a | 0016| gaming machine and includes a system for processing information | 0017| that can alter the normal criteria of random selection that | 0018| affects the operation of a game or determines the outcome of a | 0019| game; "gaming device" does not include a system or device that | 0020| affects a game solely by stopping its operation so that the | 0021| outcome remains undetermined; | 0022| R. "gaming employee" means a person connected | 0023| directly with a gaming activity; "gaming employee" does not | 0024| include: | 0025| (1) bartenders, cocktail servers or other | 0001| persons engaged solely in preparing or serving food or | 0002| beverages; | 0003| (2) secretarial or janitorial personnel; | 0004| (3) stage, sound and light technicians; or | 0005| (4) other nongaming personnel; | 0006| S. "gaming establishment" means the premises on or | 0007| in which gaming is conducted; | 0008| T. "gaming machine" means a mechanical, | 0009| electromechanical or electronic contrivance or machine that, | 0010| upon insertion of a coin, token or similar object, or upon | 0011| payment of any consideration, is available to play or operate a | 0012| game, whether the payoff is made automatically from the machine | 0013| or in any other manner; | 0014| U. "gaming operator" means a person who conducts | 0015| gaming; | 0016| V. "holding company" means a company that directly | 0017| or indirectly owns or has the power or right to control a | 0018| company that is an applicant or licensee, but a company that | 0019| does not have a beneficial ownership of more than ten percent | 0020| of the equity securities of a publicly traded corporation is | 0021| not a holding company; | 0022| W. "immediate family" means natural persons who are | 0023| related to a specified natural person by affinity or | 0024| consanguinity in the first through the third degree; | 0025| X. "institutional investor" means a state or federal | 0001| government pension plan or a person that meets the requirements | 0002| of a "qualified institutional buyer" as defined in Rule 144A of | 0003| the federal Securities Act of 1933, and is: | 0004| (1) a bank as defined in Section 3(a)(6) of the | 0005| federal Securities Exchange Act of 1934; | 0006| (2) an insurance company as defined in Section | 0007| 2(a)(17) of the federal Investment Company Act of 1940; | 0008| (3) an investment company registered under | 0009| Section 8 of the federal Investment Company Act of 1940; | 0010| (4) an investment adviser registered under | 0011| Section 203 of the federal Investment Advisers Act of 1940; | 0012| (5) collective trust funds as defined in | 0013| Section 3(c)(11) of the federal Investment Company Act of 1940; | 0014| (6) an employee benefit plan or pension fund | 0015| that is subject to the federal Employee Retirement Income | 0016| Security Act of 1974, excluding an employee benefit plan or | 0017| pension fund sponsored by a publicly traded corporation | 0018| registered with the board; or | 0019| (7) a group comprised entirely of persons | 0020| specified in Paragraphs (1) through (6) of this subsection; | 0021| Y. "intermediary company" means a company that: | 0022| (1) is a holding company with respect to a | 0023| company that is an applicant or licensee; and | 0024| (2) is a subsidiary with respect to any holding | 0025| company; | 0001| Z. "key executive" means an executive who is a | 0002| department head of a licensee having the power to exercise | 0003| significant influence over decisions concerning any part of the | 0004| licensed operations of the licensee or whose compensation | 0005| exceeds an amount established by the board in a regulation; | 0006| AA. "license" means an authorization required by the | 0007| board for engaging in gaming activities; | 0008| BB. "licensee" means a person to whom a valid | 0009| license has been issued; | 0010| CC. "manufacturer" means a person who manufactures, | 0011| fabricates, assembles, produces, programs or makes | 0012| modifications to any gaming device for use or play in New | 0013| Mexico or for sale, lease or distribution outside New Mexico | 0014| from any location within New Mexico; | 0015| DD. "net take" means the total of the following, | 0016| less the total of all cash paid out as losses to winning | 0017| patrons and those amounts paid to purchase annuities to fund | 0018| losses paid to winning patrons over several years by | 0019| independent administrators: | 0020| (1) cash received from patrons for playing a | 0021| game; | 0022| (2) cash received in payment for credit | 0023| extended by a licensee to a patron for playing a game; and | 0024| (3) compensation received for conducting a game | 0025| in which the licensee is not a party to a wager; | 0001| EE. "nonprofit organization" means an organization | 0002| that: | 0003| (1) is described in Section 501(c)(8), (10), | 0004| (19) or (23) of the federal Internal Revenue Code of 1986 that | 0005| is exempt from federal income taxation pursuant to Section | 0006| 501(a) of that code; | 0007| (2) has a federal tax number; | 0008| (3) has been issued a license pursuant to | 0009| Section 60-6A-5 NMSA 1978 but does not have gaming as its | 0010| primary activity; and | 0011| (4) has been in continuous existence since | 0012| before January 1, 1997; | 0013| FF. "person" means a legal entity; | 0014| GG. "premises" means land, together with all | 0015| buildings, improvements and personal property located on the | 0016| land; | 0017| HH. "progressive jackpot" means a prize that | 0018| increases over time or as gaming machines that are linked to a | 0019| progressive system are played and upon conditions established | 0020| by the board may be paid by an annuity; | 0021| II. "progressive system" means one or more gaming | 0022| machines linked to one or more common progressive jackpots; | 0023| JJ. "publicly traded corporation" means a | 0024| corporation that: | 0025| (1) has one or more classes of securities | 0001| registered pursuant to the securities laws of the United States | 0002| or New Mexico; | 0003| (2) is an issuer subject to the securities laws | 0004| of the United States or New Mexico; or | 0005| (3) has one or more classes of securities | 0006| registered or is an issuer pursuant to applicable foreign laws | 0007| that the board finds provide protection for institutional | 0008| investors that is comparable to or greater than the stricter of | 0009| the securities laws of the United States or New Mexico; | 0010| KK. "registration" means a board action that | 0011| authorizes a company to be a holding company with respect to a | 0012| company that holds or applies for a license or that relates to | 0013| other persons required to be registered pursuant to the Gaming | 0014| Control Act; | 0015| LL. "security director" means the head of the | 0016| security division appointed by the board; | 0017| MM. "subsidiary" means a company, all or a part of | 0018| whose outstanding equity securities are owned, subject to a | 0019| power or right of control or held, with power to vote, by a | 0020| holding company or intermediary company; and | 0021| NN. "work permit" means a card, certificate or | 0022| permit issued by the board, whether denominated as a work | 0023| permit, registration card or otherwise, authorizing the | 0024| employment of the holder as a gaming employee. | 0025| Section 13. [NEW MATERIAL] LIMITED GAMING ACTIVITY | 0001| PERMITTED.--Gaming activity is permitted in New Mexico only if | 0002| it is conducted in compliance with and pursuant to: | 0003| A. the Gaming Control Act; or | 0004| B. a state or federal law other than the Gaming | 0005| Control Act that expressly permits the activity or exempts it | 0006| from the application of the state criminal law, or both. | 0007| Section 14. [NEW MATERIAL] GAMING CONTROL BOARD | 0008| CREATED.-- | 0009| A. The "gaming control board" is created and | 0010| consists of five members appointed by the governor with the | 0011| advice and consent of the senate. All members of the board | 0012| shall be residents of New Mexico and citizens of the United | 0013| States. At least one member of the board shall have a | 0014| minimum of five years of previous employment in a supervisory | 0015| and administrative position in a law enforcement agency; at | 0016| least one member of the board shall be a certified public | 0017| accountant in New Mexico who has had at least five years' | 0018| experience in public accountancy; at least one member of the | 0019| board shall be an attorney who has been admitted to practice | 0020| before the supreme court of New Mexico; and at least one | 0021| member of the board shall have at least five years of | 0022| previous employment in a top-level supervisory and | 0023| administrative position in a governmental gaming regulatory | 0024| agency. | 0025| B. The members of the board shall be appointed for | 0001| terms of five years, except, of the members who are first | 0002| appointed, one member with law enforcement experience and one | 0003| member who is a certified public accountant shall be | 0004| appointed for a term of five years; one member who is an | 0005| attorney and one member who has gaming regulatory experience | 0006| shall be appointed for terms of four years; and the fifth | 0007| member shall be appointed for a term of three years. | 0008| Thereafter, all members shall be appointed for terms of five | 0009| years. No person shall serve as a board member for more than | 0010| two consecutive terms or ten years total. | 0011| C. No person appointed to the board may be | 0012| employed in any other capacity or shall in any manner receive | 0013| compensation for services rendered to any person or entity | 0014| other than the board while a member of the board. | 0015| D. Vacancies on the board shall be filled within | 0016| thirty days by the governor with the advice and consent of | 0017| the senate for the unexpired portion of the term in which the | 0018| vacancy occurs. A person appointed to fill a vacancy shall | 0019| meet all qualification requirements of the office established | 0020| in this section. | 0021| E. The governor shall choose a chairman annually | 0022| from the board's membership. | 0023| F. No more than three members of the board shall | 0024| be from the same political party. | 0025| G. The members of the board shall be full-time | 0001| state officials and shall receive a salary set by the | 0002| governor. | 0003| H. The department of public safety shall conduct | 0004| background investigations of all members of the board prior | 0005| to confirmation by the senate. To assist the department in | 0006| the background investigation, the prospective board member | 0007| shall furnish a disclosure statement to the department on a | 0008| form provided by the department containing that information | 0009| deemed by the department as necessary for completion of a | 0010| detailed and thorough background investigation. As a | 0011| minimum, the required information shall include: | 0012| (1) a full set of fingerprints made by a law | 0013| enforcement agency on forms supplied by the department; | 0014| (2) complete information and details with | 0015| respect to the prospective board member's antecedents, | 0016| habits, immediate family, character, criminal record, | 0017| financial affairs, business activities and business | 0018| associates covering at least a ten-year period immediately | 0019| preceding the date of submitting the disclosure statement; | 0020| (3) complete disclosure of any equity | 0021| interest held by the prospective board member or a member of | 0022| his immediate family in a business connected with gaming; and | 0023| (4) the names and addresses of members of the | 0024| immediate family of the prospective board member. | 0025| I. No person may be appointed or confirmed as a | 0001| member of the board if that person or member of his immediate | 0002| family holds an equity interest in a business connected with | 0003| gaming. | 0004| J. A prospective board member shall provide | 0005| assistance and information requested by the department of | 0006| public safety or the governor and shall cooperate in any | 0007| inquiry or investigation of the prospective board member's | 0008| fitness or qualifications to hold the office to which he is | 0009| appointed. The senate shall not confirm a prospective board | 0010| member if it has reasonable cause to believe that the | 0011| prospective board member has: | 0012| (1) knowingly misrepresented or omitted a | 0013| material fact required in a disclosure statement; | 0014| (2) been convicted of a felony, a gaming | 0015| related offense or a crime involving fraud, theft or moral | 0016| turpitude within ten years immediately preceding the date of | 0017| submitting a disclosure statement required pursuant to the | 0018| provisions of Subsection H of this section; | 0019| (3) exhibited a history of willful disregard | 0020| for the gaming laws of this or any other state or the United | 0021| States; or | 0022| (4) had a permit or license issued pursuant | 0023| to the gaming laws of this or any other state or the United | 0024| States permanently suspended or revoked for cause. | 0025| K. The senate may in its discretion not confirm a | 0001| prospective board member. | 0002| L. At the time of taking office, each board member | 0003| shall file with the secretary of state a sworn statement that | 0004| he is not disqualified under the provisions of Subsection I | 0005| of this section. | 0006| Section 15. [NEW MATERIAL] BOARD--MEETINGS--QUORUM-- | 0007| RECORDS.-- | 0008| A. A majority of the qualified membership of the | 0009| board then in office constitutes a quorum. No action may be | 0010| taken by the board unless at least three members concur. | 0011| B. Written notice of the time and place of each | 0012| board meeting shall be given to each member of the board at | 0013| least ten days prior to the meeting. | 0014| C. Meetings of the board shall be open and public | 0015| in accordance with the Open Meetings Act, except that the | 0016| board may close a meeting to hear confidential security and | 0017| investigative information and other information made | 0018| confidential by the provisions of the Gaming Control Act. | 0019| D. All proceedings of the board shall be recorded | 0020| by audiotape or other equivalent verbatim audio recording | 0021| device. | 0022| E. The chairman of the board, the administrators | 0023| or a majority of the members of the board then in office may | 0024| call a special meeting of the board upon at least five days | 0025| prior written notice to all members of the board and the | 0001| executive director. | 0002| Section 16. [NEW MATERIAL] BOARD'S POWERS AND | 0003| DUTIES.-- | 0004| A. The board shall implement the state's policy on | 0005| gaming consistent with the provisions of the Gaming Control | 0006| Act. It has the duty to fulfill all responsibilities | 0007| assigned to it pursuant to that act, and it has all authority | 0008| necessary to carry out those responsibilities. It may | 0009| delegate authority to the administrators, but it retains | 0010| accountability. The board is an adjunct agency. | 0011| B. The board shall: | 0012| (1) employ the administrators; | 0013| (2) create a security division of the board; | 0014| (3) the board shall adopt and publish | 0015| regulations regarding licensure and specifications for gaming | 0016| devices within six months of the appointment of the original | 0017| members. No license shall be issued pursuant to the | 0018| provisions of the Gaming Control Act prior to six months | 0019| following the publication of the regulations regarding | 0020| licensure and specification for gaming devices; | 0021| (4) make the final decision on issuance, | 0022| denial, suspension and revocation of all licenses pursuant to | 0023| and consistent with the provisions of the Gaming Control Act; | 0024| (5) develop, adopt and promulgate all | 0025| regulations necessary to implement and administer the | 0001| provisions of the Gaming Control Act; | 0002| (6) conduct itself, or employ a hearing | 0003| officer to conduct, all hearings required by the provisions | 0004| of the Gaming Control Act and other hearings it deems | 0005| appropriate to fulfill its responsibilities; | 0006| (6) meet at least once each month; | 0007| (7) prepare and submit an annual report in | 0008| December of each year to the governor and the legislature, | 0009| covering activities of the board in the most recently | 0010| completed fiscal year, a summary of gaming activities in the | 0011| state and any recommended changes in or additions to the laws | 0012| relating to gaming in the state; and | 0013| (8) offer seminars on the premises of gaming | 0014| establishments to gaming operator licensees and their | 0015| employees to provide information on identification of | 0016| compulsive gamblers and methods that can be used to prevent | 0017| compulsive gambling. | 0018| C. The board may: | 0019| (1) impose civil fines not to exceed twenty- | 0020| five thousand dollars ($25,000) for the first violation and | 0021| fifty thousand dollars ($50,000) for subsequent violations of | 0022| any prohibitory provision of the Gaming Control Act or any | 0023| prohibitory provision of a regulation adopted pursuant to | 0024| that act; | 0025| (2) conduct investigations; | 0001| (3) subpoena persons and documents to compel | 0002| access to or the production of documents and records, | 0003| including books and memoranda, in the custody or control of | 0004| any licensee; | 0005| (4) compel the appearance of employees of a | 0006| licensee or persons for the purpose of ascertaining | 0007| compliance with provisions of the Gaming Control Act or a | 0008| regulation adopted pursuant to its provisions; | 0009| (5) administer oaths and take depositions to | 0010| the same extent and subject to the same limitations as would | 0011| apply if the deposition were pursuant to discovery rules in a | 0012| civil action in the district court; | 0013| (6) sue and be sued subject to the | 0014| limitations of the Tort Claims Act; | 0015| (7) contract for the provision of goods and | 0016| services necessary to carry out its responsibilities; | 0017| (8) conduct audits of applicants, licensees | 0018| and persons affiliated with licensees; | 0019| (9) inspect, examine, photocopy and audit all | 0020| documents and records of an applicant or licensee relevant to | 0021| his gaming activities in the presence of the applicant or | 0022| licensee or his agent; | 0023| (10) require verification of income and all | 0024| other matters pertinent to the gaming activities of an | 0025| applicant or licensee affecting the enforcement of any | 0001| provisions of the Gaming Control Act; | 0002| (11) inspect all places where gaming | 0003| activities are conducted and inspect all property connected | 0004| with gaming in those places; | 0005| (12) summarily seize, remove and impound from | 0006| places inspected any gaming devices, property connected with | 0007| gaming, documents or records for the purpose of examination | 0008| or inspection; | 0009| (13) inspect, examine, photocopy and audit | 0010| all documents and records of any affiliate of an applicant or | 0011| licensee who the board knows or reasonably suspects is | 0012| involved in the financing, operation or management of the | 0013| applicant or licensee. The inspection, examination, | 0014| photocopying and audit shall be in the presence of a | 0015| representative of the affiliate or its agent when | 0016| practicable; and | 0017| (14) except for the powers specified in | 0018| Paragraphs (1) and (6) of this subsection, carry out all or | 0019| part of the foregoing powers and activities through the | 0020| executive director or security director. | 0021| Section 17. [NEW MATERIAL] BOARD REGULATIONS-- | 0022| DISCRETIONARY REGULATIONS--PROCEDURE--REQUIRED PROVISIONS.-- | 0023| A. The board may adopt any regulation: | 0024| (1) consistent with the provisions of the | 0025| Gaming Control Act; and | 0001| (2) deemed necessary to implement the | 0002| provisions of the Gaming Control Act. | 0003| B. No regulation shall be adopted, amended or | 0004| repealed without a public hearing on the proposed action | 0005| before the board or a hearing officer designated by it. The | 0006| public hearing shall be held in Santa Fe. Notice of the | 0007| subject matter of the regulation, the action proposed to be | 0008| taken, the time and place of the hearing, the manner in which | 0009| interested persons may present their views and the method by | 0010| which copies of the proposed regulation, amendment or repeal | 0011| may be obtained shall be published once at least thirty days | 0012| prior to the hearing date in a newspaper of general | 0013| circulation and mailed at least thirty days prior to the | 0014| hearing date to all persons who have made a written request | 0015| for advance notice of hearing. All regulations and actions | 0016| taken on regulations shall be filed in accordance with the | 0017| State Rules Act. | 0018| C. The board shall adopt regulations: | 0019| (1) prescribing the method and form of | 0020| application to be followed by an applicant; | 0021| (2) prescribing the information to be | 0022| furnished by an applicant or licensee concerning his | 0023| antecedents, immediate family, habits, character, associates, | 0024| criminal record, business activities and financial affairs, | 0025| past or present; | 0001| (3) prescribing the manner and procedure of | 0002| all hearings conducted by the board or a hearing officer; | 0003| (4) prescribing the manner and method of | 0004| collection and payment of fees; | 0005| (5) prescribing the manner and method of the | 0006| issuance of licenses, permits, registrations, certificates | 0007| and other actions of the board not elsewhere prescribed in | 0008| the Gaming Control Act; | 0009| (6) defining the area, games and gaming | 0010| devices allowed and the methods of operation of the games and | 0011| gaming devices for authorized gaming; | 0012| (7) prescribing under what conditions the | 0013| nonpayment of winnings is grounds for suspension or | 0014| revocation of a license of a gaming operator; | 0015| (8) governing the manufacture, sale, | 0016| distribution, repair and servicing of gaming devices; | 0017| (9) prescribing accounting procedures, | 0018| security, collection and verification procedures required of | 0019| licensees and matters regarding financial responsibility of | 0020| licensees; | 0021| (10) prescribing what shall be considered to | 0022| be an unsuitable method of operating gaming activities; | 0023| (11) restricting access to confidential | 0024| information obtained pursuant to the provisions of the Gaming | 0025| Control Act and ensuring that the confidentiality of that | 0001| information is maintained and protected; | 0002| (12) prescribing financial reporting and | 0003| internal control requirements for licensees; | 0004| (13) prescribing the manner in which | 0005| winnings, compensation from gaming activities and net take | 0006| shall be computed and reported by a gaming operator licensee; | 0007| (14) prescribing the frequency of and the | 0008| matters to be contained in audits of and periodic financial | 0009| reports from a gaming operator licensee consistent with | 0010| standards prescribed by the board; | 0011| (15) prescribing the procedures to be | 0012| followed by a gaming operator licensee for the exclusion of | 0013| persons from gaming establishments; | 0014| (16) establishing criteria and conditions for | 0015| the operation of progressive systems; | 0016| (17) establishing criteria and conditions for | 0017| approval of procurement by the board of personal property | 0018| valued in excess of twenty thousand dollars ($20,000), | 0019| including background investigation requirements for a person | 0020| submitting a bid or proposal; and | 0021| (18) establishing an applicant fee schedule | 0022| for processing applications that is based on costs of the | 0023| application review incurred by the board whether directly or | 0024| through payment by the board for costs charged for | 0025| investigations of applicants by state departments and | 0001| agencies other than the board, which regulation shall set a | 0002| maximum fee of one hundred thousand dollars ($100,000). | 0003| Section 18. [NEW MATERIAL] ADMINISTRATORS-- | 0004| EMPLOYMENT--QUALIFICATIONS.-- | 0005| A. Two administrators, an executive director and a | 0006| security director, shall be employed by, report directly to | 0007| and serve at the pleasure of the board. | 0008| B. The executive director shall have had at least | 0009| five years of responsible supervisory administrative | 0010| experience in public or business administration. | 0011| C. The security director shall have had at least | 0012| five years of responsible supervisory administrative | 0013| experience in a law enforcement agency, shall have graduated | 0014| from a law enforcement academy with a minimum of four hundred | 0015| hours of basic police training and have at least a bachelor's | 0016| degree from an accredited post-secondary educational | 0017| institution. | 0018| Section 17. [NEW MATERIAL] EXECUTIVE DIRECTOR-- | 0019| DUTIES.-- | 0020| A. The executive director shall: | 0021| (1) implement the policies of the board that | 0022| are not assigned to the security director; | 0023| (2) employ all personnel of the board, except | 0024| security personnel, who shall be covered employees pursuant | 0025| to the provisions of the Personnel Act; | 0001| (3) take administrative action by issuing | 0002| orders and instructions consistent with the Gaming Control | 0003| Act and regulations of the board to assure implementation of | 0004| and compliance with the provisions of that act and those | 0005| regulations; | 0006| (4) prepare an annual budget for the board | 0007| for divisions under his direction and submit it to the board; | 0008| (5) coordinate and cooperate with the | 0009| security director at all times to the extent possible in | 0010| matters affecting activities of the board and its personnel; | 0011| and | 0012| (6) make recommendations to the board of | 0013| proposed regulations and any legislative changes needed to | 0014| provide better administration of the Gaming Control Act and | 0015| fair and efficient regulation of gaming activities in the | 0016| state. | 0017| B. The executive director may: | 0018| (1) establish subdivisions of the board as he | 0019| determines are appropriate to administer the provisions of | 0020| the Gaming Control Act; | 0021| (2) delegate authority to subordinates as he | 0022| deems necessary and appropriate, clearly delineating the | 0023| delegated authority and the limitations on it, if any; | 0024| (3) conduct research and studies that will | 0025| improve the operations of the board and the provision of | 0001| services to the citizens of the state; and | 0002| (4) provide courses of instruction and | 0003| practical training for employees of the board and other | 0004| persons involved in the activities regulated by the board | 0005| with the objectives of improving operations of the board and | 0006| achieving compliance with the law and regulations. | 0007| Section 20. [NEW MATERIAL] SECURITY DIRECTOR-- | 0008| DUTIES.-- | 0009| A. The security director shall: | 0010| (1) implement all policies of the board | 0011| assigned to him by the board; | 0012| (2) employ all security personnel, some of | 0013| whom shall be designated as New Mexico peace officers subject | 0014| to proper certification pursuant to the Law Enforcement | 0015| Training Act and all of whom shall be covered employees | 0016| pursuant to the provisions of the Personnel Act; | 0017| (3) conduct background investigations of | 0018| employees of the board and applicants, their affiliates and | 0019| employees as required by the board; | 0020| (4) prepare an annual budget for the security | 0021| division of the board and submit it to the board for | 0022| approval; | 0023| (5) conduct internal investigations of the | 0024| board or contract with the attorney general to conduct | 0025| investigations of the board after consultation with and | 0001| approval by a majority of the board members; | 0002| (6) conduct investigations of gaming | 0003| activities and licensees necessary to provide for the secure | 0004| operation of gaming activities in the state and the | 0005| enforcement of the provisions of the Gaming Control Act and | 0006| its regulations; | 0007| (7) take administrative action by issuing | 0008| orders and instructions required for the security of the | 0009| board consistent with the Gaming Control Act and regulations | 0010| of the board to assure implementation of and compliance with | 0011| the provisions of that act and those regulations; | 0012| (8) coordinate and cooperate with the | 0013| executive director at all times to the extent possible in | 0014| security matters affecting activities of the board and its | 0015| personnel; and | 0016| (9) make recommendations to the board of | 0017| proposed regulations and any legislative changes needed to | 0018| make the activities of licensees more secure and to provide | 0019| more effective and efficient security of the board or the | 0020| activities licensed pursuant to the provisions of the Gaming | 0021| Control Act. | 0022| B. The security director may: | 0023| (1) establish subdivisions of the security | 0024| division as he determines are appropriate for the secure | 0025| operation of the board, the investigation of gaming | 0001| activities and licensees and the enforcement of the | 0002| provisions of the Gaming Control Act and its regulations; | 0003| (2) delegate authority to subordinates as he | 0004| deems necessary and appropriate, clearly delineating the | 0005| delegated authority and the limitations on it, if any; and | 0006| (3) provide courses of instruction and | 0007| practical training for employees of the security division and | 0008| for the security personnel of licensees with the objective of | 0009| providing effective, efficient and secure operation of the | 0010| board and gaming activities in the state. | 0011| Section 21. [NEW MATERIAL] INVESTIGATION OF | 0012| ADMINISTRATOR CANDIDATES AND EMPLOYEES.-- | 0013| A. A person who is under consideration in the | 0014| final selection process for appointment as an administrator | 0015| shall file a disclosure statement pursuant to the | 0016| requirements of this section, and the board shall not make an | 0017| appointment of a person as an administrator until a | 0018| background investigation is completed and a report is made to | 0019| the board. | 0020| B. A person who has reached the final selection | 0021| process for employment by an administrator shall file a | 0022| disclosure statement pursuant to the requirements of this | 0023| section if the administrator or the board has directed that | 0024| person do so. The person shall not be further considered for | 0025| employment until a background investigation is completed and | 0001| a report is made to the administrator. | 0002| C. Forms for the disclosure statements required by | 0003| this section shall be developed by the board in cooperation | 0004| with the department of public safety. At a minimum, the | 0005| following information shall be required of a person | 0006| submitting a statement: | 0007| (1) a full set of fingerprints made by a law | 0008| enforcement agency on forms supplied by the board; | 0009| (2) complete information and details with | 0010| respect to the person's antecedents, immediate family, | 0011| habits, character, criminal record, business activities and | 0012| business associates, covering at least a ten-year period | 0013| immediately preceding the date of submitting the disclosure | 0014| statement; and | 0015| (3) a complete description of any equity | 0016| interest held in a business connected with the gaming | 0017| industry. | 0018| D. In preparing an investigative report, the | 0019| department of public safety or the board may request and | 0020| receive criminal history information from the federal bureau | 0021| of investigation or any other law enforcement agency or | 0022| organization. The department and the board shall maintain | 0023| confidentiality regarding information received from a law | 0024| enforcement agency that may be imposed by the agency as a | 0025| condition for providing the information. | 0001| E. All persons required to file a disclosure | 0002| statement shall provide any assistance or information | 0003| requested by the department of public safety or the board and | 0004| shall cooperate in any inquiry or investigation. | 0005| F. If information required to be included in a | 0006| disclosure statement changes or if information is added after | 0007| the statement is filed, the person required to file it shall | 0008| provide that information in writing to the person requesting | 0009| the investigation. The supplemental information shall be | 0010| provided within thirty days after the change or addition. | 0011| G. The board shall not appoint a person as an | 0012| administrator, and an administrator shall not employ a | 0013| person, if the board or the administrator has reasonable | 0014| cause to believe that the person has: | 0015| (1) knowingly misrepresented or omitted a | 0016| material fact required in a disclosure statement; | 0017| (2) been convicted of a felony, a gaming | 0018| related offense or a crime involving fraud, theft or moral | 0019| turpitude within ten years immediately preceding the date of | 0020| submitting a disclosure statement required pursuant to this | 0021| section; | 0022| (3) exhibited a history of willful disregard | 0023| for the gaming laws of this or any other state or the United | 0024| States; or | 0025| (4) had a permit or license issued pursuant | 0001| to the gaming laws of this or any other state or the United | 0002| States permanently suspended or revoked for cause. | 0003| H. Both the board and an administrator may | 0004| exercise absolute discretion in their respective appointing | 0005| and employing powers. | 0006| Section 22. [NEW MATERIAL] CONFLICTS OF INTEREST-- | 0007| BOARD--ADMINISTRATORS.-- | 0008| A. In addition to all other provisions of New | 0009| Mexico law regarding conflicts of interest of state officials | 0010| and employees, a member of the board, an administrator, a | 0011| person in the immediate family of or residing in the | 0012| household of a member of the board or an administrator shall | 0013| not: | 0014| (1) directly or indirectly, individually, as | 0015| a proprietor or as a member, stockholder, director or officer | 0016| of a company, have an interest in a business engaged in | 0017| gaming activities in New Mexico or another jurisdiction; or | 0018| (2) accept or agree to accept any economic | 0019| opportunity, gift, loan, gratuity, special discount, favor, | 0020| hospitality or service having an aggregate value of one | 0021| hundred dollars ($100) or more in any calendar year from a | 0022| licensee or applicant. | 0023| B. If a member of the board, an administrator or a | 0024| person in the immediate family of or residing in the | 0025| household of a member of the board or an administrator | 0001| violates a provision of this section the member of the board | 0002| or the administrator shall be removed from his office or | 0003| position. A member of the board shall be removed from the | 0004| board by the governor. An administrator shall be terminated | 0005| from his position by the board. | 0006| Section 23. [NEW MATERIAL] ACTIVITIES REQUIRING | 0007| LICENSING.-- | 0008| A. A person shall not conduct gaming unless he is | 0009| licensed by the board as a gaming operator. | 0010| B. A person shall not sell, supply or distribute | 0011| any gaming device or associated equipment to a gaming | 0012| operator licensee for use or play in this state unless he is | 0013| licensed by the board as a distributor. | 0014| C. A person shall not manufacture, fabricate, | 0015| assemble, program or make modifications to a gaming device or | 0016| associated equipment for use or play in this state or for use | 0017| or play outside of this state from any location within this | 0018| state unless he is licensed by the board as a manufacturer. | 0019| In New Mexico, a manufacturer licensee may sell or supply | 0020| only to a distributor licensee or a person out of state and | 0021| only the gaming devices or associated equipment that he | 0022| manufactures, fabricates, assembles, programs or modifies. | 0023| D. A gaming operator licensee may sell or trade in | 0024| a gaming device or associated equipment to a distributor | 0025| licensee or a manufacturer licensee. | 0001| E. A person shall not sell or supply a gaming | 0002| machine from a location within the state to a location | 0003| outside of the state unless that person is a distributor | 0004| licensee or a manufacturer licensee. | 0005| F. A gaming operator licensee or a person other | 0006| than a manufacturer licensee or distributor licensee shall | 0007| not possess or control a place where there is an unlicensed | 0008| gaming machine. Any unlicensed gaming machine, except one in | 0009| the possession of a licensee while awaiting transfer to a | 0010| gaming operator licensee for licensure of the machine, is | 0011| subject to forfeiture and confiscation by any law enforcement | 0012| agency or peace officer. | 0013| G. A person shall not service or repair a gaming | 0014| device or associated equipment unless he is a manufacturer | 0015| licensee, a distributor licensee or employed by a | 0016| manufacturer licensee or a distributor licensee. | 0017| H. A person shall not engage in any activity for | 0018| which the board requires a license or permit without | 0019| obtaining the license or permit. | 0020| I. Except as provided in Subsections C and D of | 0021| this section, a person shall not purchase, lease or acquire | 0022| possession of a gaming device or associated equipment except | 0023| from a distributor licensee. | 0024| Section 24. [NEW MATERIAL] LICENSURE--APPLICATION.-- | 0025| A. The board shall establish the following | 0001| categories of licenses: | 0002| (1) manufacturer; | 0003| (2) distributor; | 0004| (3) gaming operator; and | 0005| (4) gaming machine. | 0006| B. The board shall issue certifications for: | 0007| (1) the premises of a gaming establishment, a | 0008| manufacturer or a distributor; and | 0009| (2) key executives. | 0010| C. The board shall issue work permits for gaming | 0011| employees. | 0012| D. A licensee shall not be issued more than one | 0013| type of license but this provision does not prohibit a | 0014| licensee from owning, leasing, acquiring or having in his | 0015| possession licensed gaming machines if that activity is | 0016| otherwise allowed by the provisions of the Gaming Control | 0017| Act. A licensee shall not own a majority interest in, manage | 0018| or otherwise control a holder of another type of license | 0019| issued pursuant to the provisions of that act. | 0020| E. Applicants shall apply on forms provided by the | 0021| board and furnish all information requested by the board. | 0022| Submission of an application constitutes consent to a credit | 0023| check of the applicant and all persons having a substantial | 0024| interest in the applicant and any other background | 0025| investigations required pursuant to the Gaming Control Act or | 0001| deemed necessary by the board. | 0002| F. All licenses issued by the board pursuant to | 0003| the provisions of this section shall be reviewed for renewal | 0004| annually unless revoked, suspended, canceled or terminated. | 0005| G. A license shall not be transferred or assigned. | 0006| H. The application for a license shall include: | 0007| (1) the name of the applicant; | 0008| (2) the location of the proposed operation; | 0009| (3) the gaming devices to be operated, | 0010| manufactured, distributed or serviced; | 0011| (4) the names of all persons having a direct | 0012| or indirect interest in the business of the applicant and the | 0013| nature of such interest; and | 0014| (5) such other information and details as the | 0015| board may require. | 0016| I. The board shall furnish to the applicant | 0017| supplemental forms that the applicant shall complete and file | 0018| with the application. Such supplemental forms shall require | 0019| complete information and details with respect to the | 0020| applicant's antecedents, immediate family, habits, character, | 0021| criminal record, business activities, financial affairs and | 0022| business associates, covering at least a ten-year period | 0023| immediately preceding the date of filing of the application. | 0024| Section 25. [NEW MATERIAL] LICENSE CERTIFICATION AND | 0025| WORK PERMIT FEES.-- | 0001| A. License and other fees shall be established by | 0002| board regulation but shall not exceed the following amounts: | 0003| (1) manufacturer's license, twenty thousand | 0004| dollars ($20,000) for the initial license and five thousand | 0005| dollars ($5,000) for annual renewal; | 0006| (2) distributor's license, ten thousand | 0007| dollars ($10,000) for the initial license and one thousand | 0008| dollars ($1,000) for annual renewal; | 0009| (3) gaming operator's license for a nonprofit | 0010| organization, one thousand dollars ($1,000) for the initial | 0011| license and two hundred dollars ($200) for annual renewal; | 0012| (4) for each separate gaming machine licensed | 0013| to a person holding an operator's license, five hundred | 0014| dollars ($500) for the initial license and one hundred | 0015| dollars ($100) for annual renewal; | 0016| (5) premises certification, five hundred | 0017| dollars ($500) annually; and | 0018| (6) work permit, one hundred dollars ($100) | 0019| annually. | 0020| B. The board shall establish the fee for | 0021| certifications or other actions by regulation, but no fee | 0022| established by the board shall exceed one thousand dollars | 0023| ($1,000) except for those fees that reimburse the board for | 0024| the costs of background investigations. | 0025| C. All license, certification or work permit fees | 0001| shall be paid to the board at the time and in the manner | 0002| established by regulations of the board. | 0003| Section 26. [NEW MATERIAL] ACTION BY BOARD ON | 0004| APPLICATIONS.-- | 0005| A. A person that the board determines is qualified | 0006| to receive a license pursuant to the provisions of the Gaming | 0007| Control Act may be issued a license. The burden of proving | 0008| qualifications is on the applicant. | 0009| B. A license shall not be issued unless the board | 0010| is satisfied that the applicant is: | 0011| (1) a person of good moral character, honesty | 0012| and integrity; | 0013| (2) a person whose prior activities, criminal | 0014| record, reputation, habits and associations do not pose a | 0015| threat to the public interest or to the effective regulation | 0016| and control of gaming or create or enhance the dangers of | 0017| unsuitable, unfair or illegal practices, methods and | 0018| activities in the conduct of gaming or the carrying on of the | 0019| business and financial arrangements incidental thereto; and | 0020| (3) in all other respects qualified to be | 0021| licensed consistent with the laws of this state. | 0022| C. A license shall not be issued unless the | 0023| applicant has satisfied the board that: | 0024| (1) the applicant has adequate business | 0025| probity, competence and experience in business; | 0001| (2) the proposed financing of the applicant | 0002| is adequate for the nature of the proposed license and from a | 0003| suitable source; any lender or other source of money or | 0004| credit that the board finds does not meet the standards set | 0005| forth in Subsection B of this section shall be deemed | 0006| unsuitable; and | 0007| (3) the applicant is sufficiently capitalized | 0008| under standards set by the board to conduct the business | 0009| covered by the license. | 0010| D. An application to receive a license, | 0011| certification or work permit constitutes a request for a | 0012| determination of the applicant's general moral character, | 0013| integrity and ability to participate or engage in or be | 0014| associated with gaming. Any written or oral statement made | 0015| in the course of an official proceeding of the board or by a | 0016| witness testifying under oath that is relevant to the purpose | 0017| of the proceeding is absolutely privileged and does not | 0018| impose liability for defamation or constitute a ground for | 0019| recovery in any civil action. | 0020| E. The board shall not issue a license or | 0021| certification to an applicant who has been denied a license | 0022| or certification in this state or another state, who has had | 0023| a license, certification or permit issued pursuant to the | 0024| gaming laws of a state or the United States permanently | 0025| suspended or revoked for cause or who is currently under | 0001| suspension or subject to any other limiting action in this | 0002| state or another state involving gaming activities or | 0003| licensure for gaming activities. | 0004| F. The board shall investigate the qualifications | 0005| of each applicant before a license, certification or work | 0006| permit is issued by the board and shall continue to observe | 0007| and monitor the conduct of all licensees or certification or | 0008| work permit holders and the persons having a material | 0009| involvement directly or indirectly with a licensee. | 0010| G. The board has the authority to deny an | 0011| application or limit, condition, restrict, revoke or suspend | 0012| a license, certification or permit for any cause. | 0013| H. After issuance, a license, certification or | 0014| permit shall continue in effect upon proper payment of the | 0015| initial and renewal fees, subject to the power of the board | 0016| to revoke, suspend, condition or limit licenses, | 0017| certification or permits. | 0018| I. The board has full and absolute power and | 0019| authority to deny an application for any cause it deems | 0020| reasonable. If an application is denied, the board shall | 0021| prepare and file its written decision on which its order | 0022| denying the application is based. | 0023| Section 27. [NEW MATERIAL] INVESTIGATION--APPLICANTS | 0024| FOR LICENSES, CERTIFICATIONS OR PERMITS.--The board shall | 0025| conduct an investigation of the applicant within thirty days | 0001| after an application is filed and supplemental information | 0002| that the board may require is received. | 0003| Section 28. [NEW MATERIAL] ELIGIBILITY REQUIREMENTS | 0004| FOR COMPANIES.--In order to be eligible to receive a license, | 0005| a company shall: | 0006| A. be incorporated or otherwise organized and in | 0007| good standing in this state or incorporated or otherwise | 0008| organized in another state, qualified to do business in this | 0009| state and in good standing in this state and in the state of | 0010| incorporation; | 0011| B. comply with all of the requirements of the laws | 0012| of this state pertaining to the company; | 0013| C. maintain a ledger in the principal office of | 0014| the company in this state, which shall: | 0015| (1) at all times reflect the ownership | 0016| according to company records of every class of security | 0017| issued by the company; and | 0018| (2) be available for inspection by the board | 0019| at all reasonable times without notice; and | 0020| D. file notice of all changes of ownership of all | 0021| classes of securities issued by the company with the board | 0022| within thirty days of the change. | 0023| Section 29. [NEW MATERIAL] REGISTRATION WITH BOARD | 0024| BY COMPANY APPLICANTS--REQUIRED INFORMATION.--A company | 0025| applicant shall provide the following information to the | 0001| board on forms provided by the board: | 0002| A. the organization, financial structure and | 0003| nature of the business to be operated, including the names | 0004| and personal histories of all officers, directors and key | 0005| executives; | 0006| B. the rights and privileges acquired by the | 0007| holders of different classes of authorized securities; | 0008| C. the terms and conditions of all outstanding | 0009| loans, mortgages, trust deeds, pledges or any other | 0010| indebtedness or security interest evidenced by a security | 0011| instrument pertaining to the proposed gaming operation or | 0012| other licensed activity in this state and the name and | 0013| address of the person who is servicing the loan, mortgage, | 0014| trust deed, pledge or other indebtedness or security device | 0015| interest; | 0016| D. remuneration to persons, other than directors, | 0017| officers and key executives, exceeding fifty thousand dollars | 0018| ($50,000) per year; | 0019| E. bonus and profit-sharing arrangements within | 0020| the company; | 0021| F. management and service contracts pertaining to | 0022| the proposed gaming activity in this state; | 0023| G. balance sheets and profit and loss statements | 0024| for at least the three preceding fiscal years, or, if the | 0025| company has not been in business for a period of three years, | 0001| balance sheets and profit and loss statements from the time | 0002| of its commencement of business operations and projected for | 0003| three years from the time of its commencement of business | 0004| operations. All balance sheets and profit and loss | 0005| statements shall be certified by independent certified public | 0006| accountants; and | 0007| H. any further financial data that the board deems | 0008| necessary or appropriate. | 0009| Section 30. [NEW MATERIAL] INDIVIDUAL CERTIFICATION | 0010| OF OFFICERS, DIRECTORS AND OTHER PERSONS.--An officer, | 0011| director, equity security holder of five percent or more, | 0012| partner, general partner, limited partner, trustee or | 0013| beneficiary of the company that holds or has applied for a | 0014| license shall be certified individually, according to the | 0015| provisions of the Gaming Control Act, and if in the judgment | 0016| of the board the public interest is served by requiring any | 0017| or all of the company's key executives to be certified, the | 0018| company shall require those persons to apply for | 0019| certification. A person who is required to be certified | 0020| pursuant to this section shall apply for certification within | 0021| thirty days after becoming an officer, director, equity | 0022| security holder of five percent or more, partner, general | 0023| partner, limited partner of five percent or more, trustee, | 0024| beneficiary or key executive. A person who is required to be | 0025| certified pursuant to a decision of the board shall apply for | 0001| certification within thirty days after the board so requests. | 0002| Section 31. [NEW MATERIAL] REQUIREMENTS IF COMPANY | 0003| IS OR BECOMES A SUBSIDIARY--INVESTIGATIONS--RESTRICTIONS ON | 0004| UNSUITABLE PERSONS--OTHER REQUIREMENTS.-- | 0005| A. If the company applicant or licensee is or | 0006| becomes a subsidiary, each nonpublicly traded holding company | 0007| and intermediary company with respect to the subsidiary | 0008| company shall: | 0009| (1) qualify to do business in New Mexico; and | 0010| (2) register with the board and furnish to | 0011| the board the following information: | 0012| (a) a complete list of all beneficial | 0013| owners of five percent or more of its equity securities, | 0014| which shall be updated within thirty days after any change; | 0015| (b) the names of all company officers | 0016| and directors within thirty days of their appointment or | 0017| election; | 0018| (c) its organization, financial | 0019| structure and nature of the business it operates; | 0020| (d) the terms, position, rights and | 0021| privileges of the different classes of its outstanding | 0022| securities; | 0023| (e) the terms on which its securities | 0024| are to be, and during the preceding three years have been, | 0025| offered; | 0001| (f) the holder of and the terms and | 0002| conditions of all outstanding loans, mortgages, trust deeds, | 0003| pledges or any other indebtedness or security interest | 0004| pertaining to the applicant or licensee; | 0005| (g) the extent of the securities | 0006| holdings or other interest in the holding company or | 0007| intermediary company of all officers, directors, key | 0008| executives, underwriters, partners, principals, trustees or | 0009| any direct or beneficial owners, and the amount of any | 0010| remuneration paid them as compensation for their services in | 0011| the form of salary, wages, fees or by contract pertaining to | 0012| the licensee; | 0013| (h) remuneration to persons other than | 0014| directors, officers and key executives exceeding fifty | 0015| thousand dollars ($50,000) per year; | 0016| (i) bonus and profit-sharing | 0017| arrangements within the holding company or intermediary | 0018| company; | 0019| (j) management and service contracts | 0020| pertaining to the licensee or applicant; | 0021| (k) options existing or to be created in | 0022| respect to the company's securities or other interests; | 0023| (l) balance sheets and profit and loss | 0024| statements, certified by independent certified public | 0025| accountants, for not more than the three preceding fiscal | 0001| years, or, if the holding company or intermediary company has | 0002| not been in existence more than three years, balance sheets | 0003| and profit and loss statements from the time of its | 0004| establishment, together with projections for three years from | 0005| the time of its establishment; | 0006| (m) any further financial statements | 0007| necessary or appropriate to assist the board in making its | 0008| determinations; and | 0009| (n) a current annual profit and loss | 0010| statement, a current annual balance sheet and a copy of the | 0011| company's most recent federal income tax return within thirty | 0012| days after the return is filed. | 0013| B. All holders of five percent or more of the | 0014| equity security of a holding company or intermediary company | 0015| shall apply for a finding of suitability. | 0016| C. The board may in its discretion perform the | 0017| investigations concerning the officers, directors, key | 0018| executives, underwriters, security holders, partners, | 0019| principals, trustees or direct or beneficial owners of any | 0020| interest in any holding company or intermediary company as it | 0021| deems necessary, either at the time of initial registration | 0022| or at any time thereafter. | 0023| D. If at any time the board finds that any person | 0024| owning, controlling or holding with power to vote all or any | 0025| part of any class of securities of, or any interest in, any | 0001| holding company or intermediary company is unsuitable to be | 0002| connected with a licensee, it shall so notify both the | 0003| unsuitable person and the holding company or intermediary | 0004| company. The unsuitable person shall immediately offer the | 0005| securities or other interest to the issuing company for | 0006| purchase. The company shall purchase the securities or | 0007| interest offered upon the terms and within the time period | 0008| ordered by the board. | 0009| E. Beginning on the date when the board serves | 0010| notice that a person has been found to be unsuitable pursuant | 0011| to Subsection D of this section, it is unlawful for the | 0012| unsuitable person to: | 0013| (1) receive any dividend or interest upon any | 0014| securities held in the holding company or intermediary | 0015| company, or any dividend, payment or distribution of any kind | 0016| from the holding company or intermediary company; | 0017| (2) exercise, directly or indirectly or | 0018| through a proxy, trustee or nominee, any voting right | 0019| conferred by the securities or interest; or | 0020| (3) receive remuneration in any form from the | 0021| licensee, or from any holding company or intermediary company | 0022| with respect to that licensee, for services rendered or | 0023| otherwise. | 0024| F. A holding company or intermediary company | 0025| subject to the provisions of Subsection A of this section | 0001| shall not make any public offering of any of its equity | 0002| securities unless such public offering has been approved by | 0003| the board. | 0004| G. This section does not apply to a holding | 0005| company or intermediary company that is a publicly traded | 0006| corporation, the stock of which is traded on recognized stock | 0007| exchanges, which shall instead comply with the provisions of | 0008| Section 23 of the Gaming Control Act. | 0009| Section 32. [NEW MATERIAL] REGISTRATION AND | 0010| CERTIFICATION OF PUBLICLY TRADED CORPORATIONS.-- | 0011| A. If a company applicant or company licensee is | 0012| or becomes a publicly traded corporation, it shall register | 0013| with the board and provide the following information: | 0014| (1) as of the date the company became a | 0015| publicly traded corporation, and on any later date when the | 0016| information changes, the names of all stockholders of record | 0017| who hold five percent or more of the outstanding shares of | 0018| any class of equity securities issued by the publicly traded | 0019| corporation; | 0020| (2) the names of all officers within thirty | 0021| days of their respective appointments; | 0022| (3) the names of all directors within thirty | 0023| days of their respective elections or appointments; | 0024| (4) the organization, financial structure and | 0025| nature of the businesses the publicly traded corporation | 0001| operates; | 0002| (5) the terms, position, rights and | 0003| privileges of the different classes of securities outstanding | 0004| as of the date the company became a publicly traded | 0005| corporation; | 0006| (6) the terms on which the company's | 0007| securities were issued during the three years preceding the | 0008| date on which the company became a publicly traded | 0009| corporation and the terms on which the publicly traded | 0010| corporation's securities are to be offered to the public as | 0011| of the date the company became a publicly traded corporation; | 0012| (7) the terms and conditions of all | 0013| outstanding indebtedness and evidence of security pertaining | 0014| directly or indirectly to the publicly traded corporation; | 0015| (8) remuneration exceeding fifty thousand | 0016| dollars ($50,000) per year paid to persons other than | 0017| directors, officers and key executives who are actively and | 0018| directly engaged in the administration or supervision of the | 0019| gaming activities of the publicly traded corporation; | 0020| (9) bonus and profit-sharing arrangements | 0021| within the publicly traded corporation directly or indirectly | 0022| relating to its gaming activities; | 0023| (10) management and service contracts of the | 0024| corporation pertaining to its gaming activities; | 0025| (11) options existing or to be created | 0001| pursuant to its equity securities; | 0002| (12) balance sheets and profit and loss | 0003| statements, certified by independent certified public | 0004| accountants, for not less than the three fiscal years | 0005| preceding the date the company became a publicly traded | 0006| corporation; | 0007| (13) any further financial statements deemed | 0008| necessary or appropriate by the board; and | 0009| (14) a description of the publicly traded | 0010| corporation's affiliated companies and intermediary companies | 0011| and gaming licenses, permits and approvals held by those | 0012| entities. | 0013| B. The board shall consider the following criteria | 0014| in determining whether to certify a publicly traded | 0015| corporation: | 0016| (1) the business history of the publicly | 0017| traded corporation, including its record of financial | 0018| stability, integrity and success of its gaming operations in | 0019| other jurisdictions; | 0020| (2) the current business activities and | 0021| interests of the applicant, as well as those of its officers, | 0022| promoters, lenders and other sources of financing, or any | 0023| other persons associated with it; | 0024| (3) the current financial structure of the | 0025| publicly traded corporation as well as changes that could | 0001| reasonably be expected to occur to its financial structure as | 0002| a consequence of its proposed action; | 0003| (4) the present and proposed compensation | 0004| arrangements between the publicly traded corporation and its | 0005| directors, officers, key executives, securities holders, | 0006| lenders or other sources of financing; | 0007| (5) the equity investment, commitment or | 0008| contribution of present or prospective directors, key | 0009| executives, investors, lenders or other sources of financing; | 0010| and | 0011| (6) the dealings and arrangements, | 0012| prospective or otherwise, between the publicly traded | 0013| corporation and its investment bankers, promoters, finders or | 0014| lenders and other sources of financing. | 0015| C. The board may issue a certification upon | 0016| receipt of a proper application and consideration of the | 0017| criteria set forth in Subsection B of this section if it | 0018| finds that the certification would not be contrary to the | 0019| public interest or the policy set forth in the Gaming Control | 0020| Act. | 0021| Section 33. [NEW MATERIAL] FINDING OF SUITABILITY | 0022| REQUIRED FOR DIRECTORS, OFFICERS AND KEY EXECUTIVES--REMOVAL | 0023| FROM POSITION IF FOUND UNSUITABLE--SUSPENSION OF SUITABILITY | 0024| BY BOARD.-- | 0025| A. Each officer, director and key executive of a | 0001| holding company, intermediary company or publicly traded | 0002| corporation that the board determines is or is to become | 0003| actively and directly engaged in the administration or | 0004| supervision of, or any other significant involvement with, | 0005| the activities of the subsidiary licensee or applicant shall | 0006| apply for a finding of suitability. | 0007| B. If any officer, director or key executive of a | 0008| holding company, intermediary company or publicly traded | 0009| corporation required to be found suitable pursuant to | 0010| Subsection A of this section fails to apply for a finding of | 0011| suitability within thirty days after being requested to do so | 0012| by the board, or is not found suitable by the board, or if | 0013| his finding of suitability is revoked after appropriate | 0014| findings by the board, the holding company, intermediary | 0015| company or publicly traded corporation shall immediately | 0016| remove that officer, director or key executive from any | 0017| office or position in which the person is engaged in the | 0018| administration or supervision of, or any other involvement | 0019| with, the activities of the certified subsidiary until the | 0020| person is thereafter found to be suitable. If the board | 0021| suspends the finding of suitability of any officer, director | 0022| or key executive, the holding company, intermediary company | 0023| or publicly traded corporation shall immediately and for the | 0024| duration of the suspension suspend that officer, director or | 0025| key executive from performance of any duties in which he is | 0001| actively and directly engaged in the administration or | 0002| supervision of, or any other involvement with, the activities | 0003| of the subsidiary licensee. | 0004| Section 34. [NEW MATERIAL] SUITABILITY OF | 0005| INDIVIDUALS ACQUIRING BENEFICIAL OWNERSHIP OF VOTING SECURITY | 0006| IN PUBLICLY TRADED CORPORATION--REPORT OF ACQUISITION-- | 0007| APPLICATION--PROHIBITION.-- | 0008| A. Each person who, individually or in association | 0009| with others, acquires, directly or indirectly, beneficial | 0010| ownership of five percent or more of any voting securities in | 0011| a publicly traded corporation registered with the board may | 0012| be required to be found suitable if the board has reason to | 0013| believe that the acquisition of the ownership would otherwise | 0014| be inconsistent with the declared policy of this state. | 0015| B. Each person who, individually or in association | 0016| with others, acquires, directly or indirectly, beneficial | 0017| ownership of five percent or more of any class of voting | 0018| securities of a publicly traded corporation certified by the | 0019| board shall notify the board within ten days after acquiring | 0020| such interest. | 0021| C. Each person who, individually or in association | 0022| with others, acquires, directly or indirectly, the beneficial | 0023| ownership of more than ten percent of any class of voting | 0024| securities of a publicly traded corporation certified by the | 0025| board shall apply to the board for a finding of suitability | 0001| within thirty days after acquiring such interest. | 0002| D. Institutional investors that have been exempted | 0003| from or have received a waiver of suitability requirements | 0004| pursuant to regulations adopted by the board are not required | 0005| to comply with this section. | 0006| E. Any person required by the board or by the | 0007| provisions of this section to be found suitable shall apply | 0008| for a finding of suitability within thirty days after the | 0009| board requests that he do so. | 0010| F. Any person required by the board or the | 0011| provisions of this section to be found suitable who | 0012| subsequently is found unsuitable by the board shall not hold | 0013| directly or indirectly the beneficial ownership of any | 0014| security of a publicly traded corporation that is registered | 0015| with the board beyond that period of time prescribed by the | 0016| board. | 0017| G. The board may, but is not required to, deem a | 0018| person qualified to hold a license or to be suitable as | 0019| required by this section if the person currently holds a | 0020| valid license or has been found suitable by gaming regulatory | 0021| authorities in another jurisdiction, provided that the board | 0022| finds that the other jurisdiction has conducted a thorough | 0023| investigation of the applicant and has criteria substantially | 0024| similar to those of the board to determine when a person is | 0025| to be found suitable or to obtain a license. | 0001| Section 35. [NEW MATERIAL] REPORT OF PROPOSED | 0002| ISSUANCE OR TRANSFER OF SECURITIES--REPORT OF CHANGE IN | 0003| CORPORATE OFFICERS AND DIRECTORS--APPROVAL OF BOARD.-- | 0004| A. Before a company licensee, other than a | 0005| publicly traded corporation, may issue or transfer five | 0006| percent or more of its securities to any person, it shall | 0007| file a report of its proposed action with the board, which | 0008| report shall request the approval of the board. The board | 0009| shall have ninety days within which to approve or deny the | 0010| request. If the board fails to act in ninety days, the | 0011| request is deemed approved. If the board denies the request, | 0012| the company shall not issue or transfer five percent or more | 0013| of its securities to the person about whom the request was | 0014| made. | 0015| B. A company licensee shall file a report of each | 0016| change of the corporate officers and directors with the board | 0017| within thirty days of the change. The board shall have | 0018| ninety days from the date the report is filed within which to | 0019| approve or disapprove such change. During the ninety-day | 0020| period and thereafter, if the board does not disapprove the | 0021| change, an officer or director is be entitled to exercise all | 0022| powers of the office to which he was elected or appointed. | 0023| C. A company licensee shall report to the board in | 0024| writing any change in company personnel who have been | 0025| designated as key executives. The report shall be made no | 0001| later than thirty days after the change. | 0002| D. The board may require that a company licensee | 0003| furnish the board with a copy of its federal income tax | 0004| return within thirty days after the return is filed with the | 0005| federal government. | 0006| Section 36. [NEW MATERIAL] GAMING OPERATOR | 0007| LICENSEES--GENERAL PROVISIONS--PLAYER AGE LIMIT--RULES FOR | 0008| PLACEMENT.-- | 0009| A. A gaming operator licensee shall be granted a | 0010| license to operate a specific number of machines at a gaming | 0011| establishment identified in the license application and shall | 0012| be granted a license for each gaming machine. | 0013| B. A gaming operator licensee who desires to | 0014| change the number of machines in operation at a gaming | 0015| establishment shall apply to the board for an amendment to | 0016| his license authorizing a change in the number of machines. | 0017| C. Gaming machines may be available for play only | 0018| in an area restricted to persons twenty-one years of age or | 0019| older. | 0020| D. A gaming operator licensee shall erect a | 0021| permanent physical barrier to allow for multiple uses of the | 0022| premises by persons of all ages. For purposes of this | 0023| subsection, "permanent physical barrier" means a floor-to- | 0024| ceiling wall separating the general areas from the restricted | 0025| areas. The entrance to the area where gaming machines are | 0001| located shall display a sign that the premises are restricted | 0002| to persons twenty-one years of age or older. Persons under | 0003| the age of twenty-one shall not enter the area where gaming | 0004| machines are located. | 0005| E. A gaming operator licensee shall not have | 0006| automated teller machines on the premises. | 0007| F. A gaming operator licensee shall not provide, | 0008| allow, contract or arrange to provide alcohol or food for no | 0009| charge or at reduced prices as an incentive or enticement for | 0010| patrons to game. | 0011| Section 37. [NEW MATERIAL] GAMING OPERATOR | 0012| LICENSEES--SPECIAL CONDITIONS FOR NONPROFIT ORGANIZATIONS-- | 0013| NUMBER OF GAMING MACHINES--DAYS AND HOURS OF OPERATIONS.-- | 0014| A. A nonprofit organization may be issued a gaming | 0015| operator's license to operate licensed gaming machines on its | 0016| premises. | 0017| B. A nonprofit organization gaming operator | 0018| licensee may offer for play five gaming machines for each one | 0019| hundred members of that organization, but no more than | 0020| twenty-five gaming machines may be offered for play on the | 0021| premises of a nonprofit organization gaming operator | 0022| licensee. | 0023| C. No gaming machine on the premises of a | 0024| nonprofit organization having a gaming operator's license may | 0025| award a prize that exceeds one thousand dollars ($1,000). | 0001| D. Gaming machines may be played on the premises | 0002| of a nonprofit organization gaming operator licensee 12:00 | 0003| noon until 12:00 midnight every day. | 0004| E. A nonprofit organization gaming operator licensee | 0005| shall permit only members of that organization and bona fide | 0006| guests of those members to use or play video gaming machines on | 0007| the premises of the gaming operator licensee. | 0008| F. A nonprofit organization gaming operator licensee, | 0009| after deducting expenses of that organization from the net take, | 0010| shall distribute the amount of net take remaining to fulfill the | 0011| purposes of the nonprofit organization or to organizations with | 0012| at least one office located in New Mexico that are described in | 0013| Section 501(c)(3) of the federal Internal Revenue Code of 1986 | 0014| and have received an exemption from payment of federal income | 0015| taxes pursuant to Section 501(a) of that act. | 0016| G. A nonprofit organization gaming operator licensee | 0017| shall submit an accounting of distributions made pursuant to | 0018| Subsection F of this section to the board by December 31 of each | 0019| calendar year. | 0020| Section 38. [NEW MATERIAL] LICENSING OF MANUFACTURERS | 0021| OF GAMING DEVICES--EXCEPTION--DISPOSITION OF GAMING DEVICES.-- | 0022| A. It is unlawful for any person to operate, carry | 0023| on, conduct or maintain any form of manufacturing of any | 0024| gaming device or associated equipment for use or play in New | 0025| Mexico or any form of manufacturing of any gaming device or | 0001| associated equipment in New Mexico for use or play outside of | 0002| New Mexico without first obtaining and maintaining a | 0003| manufacturer's license. | 0004| B. If the board revokes a manufacturer's license: | 0005| (1) no new gaming device manufactured by the | 0006| person may be approved for use in this state; | 0007| (2) any previously approved gaming device | 0008| manufactured by the person is subject to revocation of | 0009| approval if the reasons for the revocation of the license | 0010| also apply to that gaming device; | 0011| (3) no new gaming device or associated | 0012| equipment made by the manufacturer may be distributed, sold, | 0013| transferred or offered for use or play in New Mexico; and | 0014| (4) any association or agreement between the | 0015| manufacturer and a distributor licensee or gaming operator | 0016| licensee in New Mexico shall be terminated. | 0017| C. An agreement between a manufacturer licensee | 0018| and a distributor licensee or a gaming operator licensee in | 0019| New Mexico shall be deemed to include a provision for its | 0020| termination without liability for the termination on the part | 0021| of either party upon a finding by the board that either party | 0022| is unsuitable. Failure to include that condition in the | 0023| agreement is not a defense in any action brought pursuant to | 0024| this section to terminate the agreement. | 0025| D. A gaming device shall not be used and offered | 0001| for play by a gaming operator licensee unless it is identical | 0002| in all material aspects to a model that has been specifically | 0003| tested and approved by: | 0004| (1) the board; or | 0005| (2) a laboratory selected by the board. | 0006| E. The board may inspect every gaming device that | 0007| is manufactured: | 0008| (1) for use in New Mexico; or | 0009| (2) in New Mexico for use outside of New | 0010| Mexico. | 0011| F. The board may inspect every gaming device that | 0012| is offered for play within New Mexico by a gaming operator | 0013| licensee. | 0014| G. The board may inspect all associated equipment | 0015| that is manufactured and sold for use in New Mexico or | 0016| manufactured in New Mexico for use outside of New Mexico. | 0017| H. In addition to all other fees and charges | 0018| imposed pursuant to the Gaming Control Act, the board may | 0019| determine, charge and collect from each manufacturer an | 0020| inspection fee, which shall not exceed the actual cost of | 0021| inspection and investigation. | 0022| I. The board may prohibit the use of a gaming | 0023| device by a gaming operator licensee if it finds that the | 0024| gaming device does not meet the requirements of this section. | 0025| Section 39. [NEW MATERIAL] LICENSING OF DISTRIBUTORS | 0001| OF GAMING DEVICES.-- | 0002| A. It is unlawful for any person to operate, carry | 0003| on, conduct or maintain any form of distribution of any | 0004| gaming device for use or play in New Mexico without first | 0005| obtaining and maintaining a distributor's or manufacturer's | 0006| license. | 0007| B. If the board revokes a distributor's license: | 0008| (1) no new gaming device distributed by the | 0009| person may be approved; | 0010| (2) any previously approved gaming device | 0011| distributed by the distributor is subject to revocation of | 0012| approval if the reasons for the revocation of the license | 0013| also apply to that gaming device; | 0014| (3) no new gaming device or associated | 0015| equipment distributed by the distributor may be distributed, | 0016| sold, transferred or offered for use or play in New Mexico; | 0017| and | 0018| (4) any association or agreement between the | 0019| distributor and a gaming operator licensee shall be | 0020| terminated. An agreement between a distributor licensee and | 0021| a gaming operator licensee shall be deemed to include a | 0022| provision for its termination without liability on the part | 0023| of either party upon a finding by the board that the other | 0024| party is unsuitable. Failure to include that condition in | 0025| the agreement is not a defense in any action brought pursuant | 0001| to this section to terminate the agreement. | 0002| C. The board may inspect every gaming device that | 0003| is distributed for use in New Mexico. | 0004| D. In addition to all other fees and charges | 0005| imposed by the Gaming Control Act, the board may determine, | 0006| charge and collect from each distributor an inspection fee, | 0007| which shall not exceed the actual cost of inspection and | 0008| investigation. | 0009| Section 40. [NEW MATERIAL] CERTIFICATION OF | 0010| SUITABILITY OF CERTAIN PERSONS FURNISHING SERVICES OR | 0011| PROPERTY OR DOING BUSINESS WITH GAMING OPERATORS--TERMINATION | 0012| OF ASSOCIATION.-- | 0013| A. The board may determine the suitability of any | 0014| person who furnishes services or property to a gaming | 0015| operator licensee under any arrangement pursuant to which the | 0016| person receives compensation based on earnings, profits or | 0017| receipts from gaming. The board may require the person to | 0018| comply with the requirements of the Gaming Control Act and | 0019| with the regulations of the board. If the board determines | 0020| that the person is unsuitable, it may require the arrangement | 0021| to be terminated. | 0022| B. The board may require a person to apply for a | 0023| finding of suitability to be associated with a gaming | 0024| operator licensee if the person: | 0025| (1) does business on the premises of a gaming | 0001| establishment; or | 0002| (2) provides any goods or services to a | 0003| gaming operator licensee for compensation that the board | 0004| finds to be grossly disproportionate to the value of the | 0005| goods or services. | 0006| C. If the board determines that a person is | 0007| unsuitable to be associated with a gaming operator licensee, | 0008| the association shall be terminated. Any agreement that | 0009| entitles a business other than gaming to be conducted on the | 0010| premises of a gaming establishment, or entitles a person | 0011| other than a licensee to conduct business with the gaming | 0012| operator licensee, is subject to termination upon a finding | 0013| of unsuitability of the person seeking association with a | 0014| gaming operator licensee. Every agreement shall be deemed to | 0015| include a provision for its termination without liability on | 0016| the part of the gaming operator licensee upon a finding by | 0017| the board of the unsuitability of the person seeking or | 0018| having an association with the gaming operator licensee. | 0019| Failure to include that condition in the agreement is not a | 0020| defense in any action brought pursuant to this section to | 0021| terminate the agreement. If the application is not presented | 0022| to the board within thirty days following demand or the | 0023| unsuitable association is not terminated, the board may | 0024| pursue any remedy or combination of remedies provided in the | 0025| Gaming Control Act. | 0001| D. The board may issue a certification to a person | 0002| found suitable pursuant to this section. | 0003| Section 41. [NEW MATERIAL] REASONS FOR | 0004| INVESTIGATIONS BY BOARD--COMPLAINT BY BOARD--BOARD TO APPOINT | 0005| HEARING EXAMINER--REVIEW BY BOARD--ORDER OF BOARD.-- | 0006| A. The board shall make appropriate investigations | 0007| to: | 0008| (1) determine whether there has been any | 0009| violation of the Gaming Control Act or of any regulations | 0010| adopted pursuant to that act; | 0011| (2) determine any facts, conditions, | 0012| practices or matters that it deems necessary or proper to aid | 0013| in the enforcement of the Gaming Control Act or regulations | 0014| adopted pursuant to that act; | 0015| (3) aid in adopting regulations; | 0016| (4) secure information as a basis for | 0017| recommending legislation relating to the Gaming Control Act; | 0018| or | 0019| (5) determine whether a licensee is able to | 0020| meet its financial obligations, including all financial | 0021| obligations imposed by the Gaming Control Act, as they become | 0022| due. | 0023| B. If after an investigation the board is | 0024| satisfied that a license, registration, finding of | 0025| suitability or prior approval by the board of any transaction | 0001| for which approval was required by the provisions of the | 0002| Gaming Control Act should be limited, conditioned, suspended | 0003| or revoked, or that a fine should be levied, the board shall | 0004| initiate a hearing by filing a complaint and transmitting a | 0005| copy of it to the licensee, together with a summary of | 0006| evidence in its possession bearing on the matter and the | 0007| transcript of testimony at any investigative hearing | 0008| conducted by or on behalf of the board. The complaint shall | 0009| be a written statement of charges that sets forth in ordinary | 0010| and concise language the acts or omissions with which the | 0011| respondent is charged. It shall specify the statutes or | 0012| regulations that the respondent is alleged to have violated | 0013| but shall not consist merely of charges raised in the | 0014| language of the statutes or regulations. The summary of the | 0015| evidence shall be confidential and made available only to the | 0016| respondent until such time as it is offered into evidence at | 0017| any public hearing on the matter. | 0018| C. The respondent shall file an answer within | 0019| thirty days after service of the complaint. | 0020| D. Upon filing the complaint the board shall | 0021| appoint a hearing examiner to conduct further proceedings. | 0022| E. The hearing examiner shall conduct proceedings | 0023| in accordance with the Gaming Control Act and the regulations | 0024| adopted by the board. At the conclusion of the proceedings, | 0025| the hearing examiner may recommend that the board take any | 0001| appropriate action, including revocation, suspension, | 0002| limitation or conditioning of a license or imposition of a | 0003| fine not to exceed fifty thousand dollars ($50,000) for each | 0004| violation. | 0005| F. The hearing examiner shall prepare a written | 0006| decision containing his recommendation to the board and shall | 0007| serve it on all parties. Any respondent who disagrees with | 0008| the hearing examiner's recommendation may request the board, | 0009| within ten days of service of the recommendation, to review | 0010| the recommendation. | 0011| G. Upon proper request, the board shall review the | 0012| recommendation. The board may remand the case to the hearing | 0013| examiner for the presentation of additional evidence upon a | 0014| showing of good cause why such evidence could not have been | 0015| presented at the previous hearing. | 0016| H. The board shall by a majority vote accept, | 0017| reject or modify the recommendation. | 0018| I. If the board limits, conditions, suspends or | 0019| revokes any license or imposes a fine or limits, conditions, | 0020| suspends or revokes any registration, finding of suitability | 0021| or prior approval, it shall issue a written order specifying | 0022| its action. | 0023| J. The board's order is effective unless and until | 0024| reversed upon judicial review, except that the board may stay | 0025| its order pending a rehearing or judicial review upon such | 0001| terms and conditions as it deems proper. | 0002| Section 42. [NEW MATERIAL] EMERGENCY ORDERS OF | 0003| BOARD.--The board may issue an emergency order for | 0004| suspension, limitation or conditioning of a license, | 0005| registration, finding of suitability or work permit or may | 0006| issue an emergency order requiring a gaming operator licensee | 0007| to exclude an individual licensee from the premises of the | 0008| gaming operator licensee's gaming establishment or not to pay | 0009| an individual licensee any remuneration for services or any | 0010| profits, income or accruals on his investment in the licensed | 0011| gaming establishment in the following manner: | 0012| A. an emergency order may be issued only when the | 0013| board believes that: | 0014| (1) a licensee has willfully failed to | 0015| report, pay or truthfully account for and pay over any fee | 0016| imposed by the provisions of the Gaming Control Act or | 0017| willfully attempted in any manner to evade or defeat any fee | 0018| or payment thereof; | 0019| (2) a licensee or gaming employee has cheated | 0020| at a game; or | 0021| (3) the emergency order is necessary for the | 0022| immediate preservation of the public peace, health, safety, | 0023| morals, good order or general welfare; | 0024| B. the emergency order shall set forth the grounds | 0025| upon which it is issued, including a statement of facts | 0001| constituting the alleged emergency necessitating such action; | 0002| C. the emergency order is effective immediately | 0003| upon issuance and service upon the licensee or resident agent | 0004| of the licensee or gaming employee or, in cases involving | 0005| registration or findings of suitability, upon issuance and | 0006| service upon the person or entity involved or resident agent | 0007| of the entity involved; the emergency order may suspend, | 0008| limit, condition or take other action in relation to the | 0009| license of one or more persons in an operation without | 0010| affecting other individual licensees or the gaming operator | 0011| licensee. The emergency order remains effective until | 0012| further order of the board or final disposition of the case; | 0013| and | 0014| D. within five days after issuance of an emergency | 0015| order, the board shall cause a complaint to be filed and | 0016| served upon the person or entity involved; thereafter, the | 0017| person or entity against whom the emergency order has been | 0018| issued and served is entitled to a hearing before the board | 0019| and to judicial review of the decision and order of the board | 0020| in accordance with the provisions of the board's regulations. | 0021| Section 43. [NEW MATERIAL] EXCLUSION OR EJECTION OF | 0022| CERTAIN PERSONS FROM GAMING ESTABLISHMENTS--PERSONS | 0023| INCLUDED.-- | 0024| A. The board shall by regulation provide for the | 0025| establishment of a list of persons who are to be excluded or | 0001| ejected from a gaming establishment. The list may include | 0002| any person whose presence in the gaming establishment is | 0003| determined by the board to pose a threat to the public | 0004| interest or licensed gaming activities. | 0005| B. In making the determination in Subsection A of | 0006| this section, the board may consider a: | 0007| (1) prior conviction for a crime that is a | 0008| felony under state or federal law, a crime involving moral | 0009| turpitude or a violation of the gaming laws of any | 0010| jurisdiction; | 0011| (2) violation or conspiracy to violate the | 0012| provisions of the Gaming Control Act relating to: | 0013| (a) the failure to disclose an interest | 0014| in a gaming activity for which the person must obtain a | 0015| license; or | 0016| (b) willful evasion of fees or taxes; | 0017| (3) notorious or unsavory reputation that | 0018| would adversely affect public confidence and trust that the | 0019| gaming industry is free from criminal or corruptive | 0020| influences; or | 0021| (4) written order of any other governmental | 0022| agency in this state or any other state that authorizes the | 0023| exclusion or ejection of the person from an establishment at | 0024| which gaming is conducted. | 0025| C. A gaming operator licensee has the right, | 0001| without a list established by the board, to exclude or eject | 0002| a person from its gaming establishment who poses a threat to | 0003| the public interest or for any business reason. | 0004| D. Race, color, creed, national origin or | 0005| ancestry, age, disability or sex shall not be grounds for | 0006| placing the name of a person on the list or for exclusion or | 0007| ejection under Subsection A or C of this section. | 0008| Section 44. [NEW MATERIAL] INTERNAL CONTROL SYSTEMS.-- | 0009| A. Each gaming operator licensee shall adopt | 0010| internal control systems that shall include provisions for: | 0011| (1) safeguarding its assets and revenues, | 0012| especially the recording of cash and evidences of | 0013| indebtedness; | 0014| (2) making and maintaining reliable records, | 0015| accounts and reports of transactions, operations and events, | 0016| including reports to the board; and | 0017| (3) a system by which the amount wagered on | 0018| each gaming machine and the amount paid out by each gaming | 0019| machine is recorded on a daily basis, which results may be | 0020| obtained by the board by appropriate means as described in | 0021| regulations adopted by the board; all manufacturers are | 0022| required to have such a system available for gaming operators | 0023| for the gaming machines that it supplies for use in New | 0024| Mexico, and all distributors shall make such a system | 0025| available to gaming operators. | 0001| B. The internal control system shall be designed | 0002| to reasonably ensure that: | 0003| (1) assets are safeguarded; | 0004| (2) financial records are accurate and | 0005| reliable; | 0006| (3) transactions are performed only in | 0007| accordance with management's general or specific | 0008| authorization; | 0009| (4) transactions are recorded adequately to | 0010| permit proper reporting of gaming revenue and of fees and | 0011| taxes and to maintain accountability of assets; | 0012| (5) access to assets is allowed only in | 0013| accordance with management's specific authorization; | 0014| (6) recorded accountability for assets is | 0015| compared with actual assets at reasonable intervals and | 0016| appropriate action is taken with respect to any | 0017| discrepancies; and | 0018| (7) functions, duties and responsibilities | 0019| are appropriately segregated and performed in accordance with | 0020| sound accounting and management practices by competent, | 0021| qualified personnel. | 0022| C. A gaming operator licensee and an applicant for | 0023| a gaming operator's license shall describe, in the manner the | 0024| board may approve or require, its administrative and | 0025| accounting procedures in detail in a written system of | 0001| internal control. A gaming operator licensee and an | 0002| applicant for a gaming operator's license shall submit a copy | 0003| of its written system to the board. Each written system | 0004| shall include: | 0005| (1) an organizational chart depicting | 0006| appropriate segregation of functions and responsibilities; | 0007| (2) a description of the duties and | 0008| responsibilities of each position shown on the organizational | 0009| chart; | 0010| (3) a detailed, narrative description of the | 0011| administrative and accounting procedures designed to satisfy | 0012| the requirements of Subsection A of this section; | 0013| (4) a written statement signed by the | 0014| licensee's chief financial officer and either the licensee's | 0015| chief executive officer or a licensed owner attesting that | 0016| the system satisfies the requirements of this section; | 0017| (5) if the written system is submitted by an | 0018| applicant, a letter from an independent certified public | 0019| accountant stating that the applicant's written system has | 0020| been reviewed by the accountant and complies with the | 0021| requirements of this section; and | 0022| (6) other items as the board may require. | 0023| D. The board shall adopt and publish minimum | 0024| standards for internal control procedures. | 0025| Section 45. [NEW MATERIAL] GAMING EMPLOYEES-- | 0001| ISSUANCE OF WORK PERMITS--REVOCATION OF WORK PERMITS.-- | 0002| A. A person shall not be employed as a gaming | 0003| employee unless the person holds a valid work permit issued | 0004| by the board. | 0005| B. A work permit shall be issued and may be | 0006| revoked by the board as provided in regulations adopted by | 0007| the board. | 0008| C. Any person whose work permit has been denied or | 0009| revoked may seek judicial review. | 0010| Section 46. [NEW MATERIAL] AGE REQUIREMENT FOR | 0011| PATRONS AND GAMING EMPLOYEES.--A person under the age of | 0012| twenty-one years shall not: | 0013| A. play, be allowed to play, place wagers on or | 0014| collect winnings from, whether personally or through an | 0015| agent, any game authorized or offered for play pursuant to | 0016| the Gaming Control Act; or | 0017| B. be employed as a gaming employee. | 0018| Section 47. [NEW MATERIAL] CALCULATION OF NET TAKE-- | 0019| CERTAIN EXPENSES NOT DEDUCTIBLE.--In calculating net take | 0020| from gaming machines, the actual cost to the licensee of any | 0021| personal property distributed to a patron as the result of a | 0022| legitimate wager may be deducted as a loss, except for travel | 0023| expenses, food, refreshments, lodging or services. For the | 0024| purposes of this section, "as the result of a legitimate | 0025| wager" means that the patron must make a wager prior to | 0001| receiving the personal property, regardless of whether the | 0002| receipt of the personal property is dependent on the outcome | 0003| of the wager. | 0004| Section 48. [NEW MATERIAL] LIMITATIONS ON TAXES AND | 0005| LICENSE FEES.--A political subdivision of the state shall not | 0006| impose a license fee or tax on any licensee licensed pursuant | 0007| to the Gaming Control Act except for the imposition of | 0008| property taxes. | 0009| Section 49. [NEW MATERIAL] USE OF CHIPS, TOKENS OR | 0010| LEGAL TENDER REQUIRED FOR ALL GAMING.--All gaming shall be | 0011| conducted with chips, tokens or other similar objects | 0012| approved by the board or with the legal currency of the | 0013| United States. | 0014| Section 50. [NEW MATERIAL] COMMUNICATION OR DOCUMENT | 0015| OF APPLICANT OR LICENSEE ABSOLUTELY PRIVILEGED--PRIVILEGE NOT | 0016| WAIVED--DISCLOSURE OF PRIVILEGED INFORMATION PROHIBITED.-- | 0017| A. Any communication or document of an applicant | 0018| or licensee is absolutely privileged and does not impose | 0019| liability for defamation or constitute a ground for recovery | 0020| in any civil action if it is required by: | 0021| (1) law or the regulations of the board; or | 0022| (2) a subpoena issued by the board to be made | 0023| or transmitted to the board. | 0024| B. The privilege created pursuant to Subsection A | 0025| of this section is not waived or lost because the document or | 0001| communication is disclosed to the board. | 0002| C. Notwithstanding the powers granted to the board | 0003| by the Gaming Control Act, the board: | 0004| (1) shall not release or disclose any | 0005| privileged information, documents or communications provided | 0006| by an applicant or licensee without the prior written consent | 0007| of the applicant or licensee or pursuant to a lawful court | 0008| order after timely notice of the proceedings has been given | 0009| to the applicant or licensee; | 0010| (2) shall maintain all privileged | 0011| information, documents and communications in a secure place | 0012| accessible only to members of the board; and | 0013| (3) shall adopt procedures and regulations to | 0014| protect the privileged nature of information, documents and | 0015| communications provided by an applicant or licensee. | 0016| Section 51. [NEW MATERIAL] MOTION FOR RELEASE OF | 0017| PRIVILEGED INFORMATION.--An application to a court for an | 0018| order requiring the board to release any information declared | 0019| by law to be confidential shall be made only by petition in | 0020| district court. A hearing shall be held on the petition not | 0021| less than ten days and not more than twenty days after the | 0022| date of service of the petition on the board, the attorney | 0023| general and all persons who may be affected by the entry of | 0024| that order. A copy of the petition, all papers filed in | 0025| support of it and a notice of hearing shall be served. | 0001| Section 52. [NEW MATERIAL] GAMING MACHINE TELEPHONIC | 0002| INTERMITTENT MONITORING SYSTEM.--The board shall develop and | 0003| operate a telephonic intermittent monitoring system into | 0004| which all licensed gaming machines are connected. The | 0005| monitoring system shall be capable of: | 0006| A. monitoring through periodic or random | 0007| telephonic contacts, retrieving and auditing the operations, | 0008| financial data and program information of the network; | 0009| B. disabling from operation or play any gaming | 0010| machine in the network that does not comply with the | 0011| provisions of the Gaming Control Act or the regulations of | 0012| the board; | 0013| C. communicating, through program modifications or | 0014| other means equally effective, with all gaming machines | 0015| licensed by the board; | 0016| D. interacting, reading, communicating and linking | 0017| with gaming machines from a broad spectrum of manufacturers | 0018| and associated equipment; and | 0019| E. providing linkage to each gaming machine in the | 0020| network at a reasonable and affordable cost to the state or | 0021| the gaming operator licensee and allowing for program | 0022| modifications and system updating at a reasonable rate of | 0023| cost. | 0024| Section 53. [NEW MATERIAL] MACHINE SPECIFICATIONS.-- | 0025| To be eligible for licensure, each gaming machine shall meet | 0001| all specifications established by regulations of the board | 0002| and: | 0003| A. be unable to be manipulated in a manner that | 0004| affects the random probability of winning plays or in any | 0005| other manner determined by the board to be undesirable; | 0006| B. have at least one mechanism that accepts coins | 0007| or currency, but does not accept bills of denominations | 0008| greater than twenty dollars ($20.00); | 0009| C. be capable of having play suspended through the | 0010| telephonic intermittent monitoring system by an administrator | 0011| until the administrator resets the gaming machine; | 0012| D. house nonresettable mechanical and electronic | 0013| meters within a readily accessible locked area of the gaming | 0014| machine that maintain a permanent record of all money | 0015| inserted into the machine, all cash payouts of winnings, all | 0016| refunds of winnings, all credits played for additional games | 0017| and all credits won by players; | 0018| E. have a printing mechanism capable of printing | 0019| out, at the request of an administrator, readings on the | 0020| electronic meters of the machine; | 0021| F. be capable of printing a ticket voucher stating | 0022| the value of a cash prize won by the player at the completion | 0023| of each game, the date and time of day the game was played in | 0024| a twenty-four-hour format showing hours and minutes, the | 0025| machine serial number, the sequential number of the ticket | 0001| voucher and an encrypted validation number for determining | 0002| the validity of a winning ticket voucher; | 0003| G. be capable of being linked to the board's | 0004| telephonic intermittent monitoring system for the purpose of | 0005| being monitored at least once daily with random intermittent | 0006| contacts as required by the board; | 0007| H. provide for a payback value for each credit | 0008| wagered, determined over time, of not less than eighty | 0009| percent or more than ninety-six percent; | 0010| I. offer only games authorized and examined by the | 0011| board; and | 0012| J. display the gaming machine license issued for | 0013| that machine in an easily accessible place, before and during | 0014| the time that a machine is available for use. | 0015| Section 54. [NEW MATERIAL] POSTING OF GAMING MACHINE | 0016| ODDS.--The odds of winning on each gaming machine shall be | 0017| posted on or near each gaming machine. The board shall | 0018| provide the manner in which the odds shall be determined and | 0019| posted by regulation. | 0020| Section 55. [NEW MATERIAL] EXAMINATION OF GAMING | 0021| DEVICES--COST ALLOCATION.-- | 0022| A. The board shall examine prototypes of gaming | 0023| devices of manufacturers seeking a license as required. | 0024| B. The board by regulation shall require a | 0025| manufacturer to pay the anticipated actual costs of the | 0001| examination of a gaming device in advance and, after the | 0002| completion of the examination, shall refund overpayments or | 0003| charge and collect amounts sufficient to reimburse the board | 0004| for underpayment of actual costs. | 0005| C. The board may contract for the examination of | 0006| gaming devices to meet the requirements of this section. | 0007| Section 56. [NEW MATERIAL] GAMING TAX--IMPOSITION-- | 0008| ADMINISTRATION.-- | 0009| A. An excise tax is imposed on the privilege of | 0010| conducting gaming in the state. This tax shall be known as | 0011| the "gaming tax". | 0012| B. The gaming tax is measured as a percentage of | 0013| net take of every gaming operator licensee. The rate of the | 0014| tax is fifteen percent. | 0015| C. The gaming tax imposed on a gaming operator | 0016| licensee is in lieu of all state and local gross receipts | 0017| taxes on that net take. | 0018| D. The gaming tax shall be administered and | 0019| collected by the taxation and revenue department in | 0020| cooperation with the board. The provisions of the Tax | 0021| Administration Act apply to the collection and administration | 0022| of the tax. | 0023| Section 57. [NEW MATERIAL] CIVIL ACTIONS TO RESTRAIN | 0024| VIOLATIONS OF GAMING CONTROL ACT.-- | 0025| A. The attorney general, at the request of the | 0001| board, may institute a civil action in any court of this | 0002| state against any person to enjoin a violation of a | 0003| prohibitory provision of the Gaming Control Act. | 0004| B. An action brought against a person pursuant to | 0005| this section shall not preclude a criminal action or | 0006| administrative proceeding against that person. | 0007| Section 58. [NEW MATERIAL] TESTIMONIAL IMMUNITY.-- | 0008| A. The board may order a person to answer a | 0009| question or produce evidence and confer immunity pursuant to | 0010| this section. If, in the course of an investigation or | 0011| hearing conducted pursuant to the Gaming Control Act, a | 0012| person refuses to answer a question or produce evidence on | 0013| the ground that he will be exposed to criminal prosecution by | 0014| doing so, then the board may by approval of three members, | 0015| after the written approval of the attorney general, issue an | 0016| order to answer or to produce evidence with immunity. | 0017| B. If a person complies with an order issued | 0018| pursuant to Subsection A of this section, he shall be immune | 0019| from having a responsive answer given or responsive evidence | 0020| produced, or evidence derived from either, used to expose him | 0021| to criminal prosecution, except that the person may be | 0022| prosecuted for any perjury committed in the answer or | 0023| production of evidence and may also be prosecuted for | 0024| contempt for failing to act in accordance with the order of | 0025| the board. An answer given or evidence produced pursuant to | 0001| the grant of immunity authorized by this section may be used | 0002| against the person granted immunity in a prosecution of the | 0003| person for perjury or a proceeding against him for contempt. | 0004| Section 59. [NEW MATERIAL] CRIME--MANIPULATION OF | 0005| GAMING DEVICE WITH INTENT TO CHEAT.--A person who manipulates, | 0006| with the intent to cheat, any component of a gaming device in a | 0007| manner contrary to the designed and normal operational purpose | 0008| of the component, including varying the pull of the handle of a | 0009| slot machine with knowledge that the manipulation affects the | 0010| outcome of the game or with knowledge of any event that affects | 0011| the outcome of the game, is guilty of a fourth degree felony and | 0012| shall be sentenced pursuant to the provisions of Section 31-18- | 0013| 15 NMSA 1978. | 0014| Section 60. [NEW MATERIAL] CRIME--USE OF COUNTERFEIT OR | 0015| UNAPPROVED TOKENS, CURRENCY OR DEVICES--POSSESSION OF CERTAIN | 0016| DEVICES, EQUIPMENT, PRODUCTS OR MATERIALS.-- | 0017| A. A person who, in playing any game designed to be | 0018| played with, to receive or to be operated by tokens approved by | 0019| the board or by lawful currency of the United States, knowingly | 0020| uses tokens other than those approved by the board, uses | 0021| currency that is not lawful currency of the United States or | 0022| uses currency not of the same denomination as the currency | 0023| intended to be used in that game is guilty of a third degree | 0024| felony and shall be sentenced pursuant to the provision of | 0025| Section 31-18-15 NMSA 1978. | 0001| B. A person who knowingly has on his person or in his | 0002| possession within a gaming establishment any device intended to | 0003| be used by him to violate the provisions of the Gaming Control | 0004| Act is guilty of a third degree felony and shall be sentenced | 0005| pursuant to the provisions of Section 31-18-15 NMSA 1978. | 0006| C. A person, other than a duly authorized employee of | 0007| a gaming operator acting in furtherance of his employment within | 0008| a gaming establishment, who knowingly has on his person or in | 0009| his possession within a gaming establishment any key or device | 0010| known by him to have been designed for the purpose of and | 0011| suitable for opening, entering or affecting the operation of any | 0012| game, dropbox or electronic or mechanical device connected to | 0013| the game or for removing money or other contents from them is | 0014| guilty of a third degree felony and shall be sentenced pursuant | 0015| to the provisions of Section 31-18-15 NMSA 1978. | 0016| D. A person who knowingly and with intent to use them | 0017| for cheating has on his person or in his possession any | 0018| paraphernalia for manufacturing slugs is guilty of a third | 0019| degree felony and shall be sentenced pursuant to the provisions | 0020| of Section 31-18-15 NMSA 1978. As used in this subsection, | 0021| "paraphernalia for manufacturing slugs" means the equipment, | 0022| products and materials that are intended for use or designed for | 0023| use in manufacturing, producing, fabricating, preparing, | 0024| testing, analyzing, packaging, storing or concealing a | 0025| counterfeit facsimile of tokens approved by the board or a | 0001| lawful coin of the United States, the use of which is unlawful | 0002| pursuant to the Gaming Control Act. The term includes: | 0003| (1) lead or lead alloy; | 0004| (2) molds, forms or similar equipment capable | 0005| of producing a likeness of a gaming token or coin; | 0006| (3) melting pots or other receptacles; | 0007| (4) torches; and | 0008| (5) tongs, trimming tools or other similar | 0009| equipment. | 0010| E. Possession of more than two items of the | 0011| equipment, products or material described in Subsection D of | 0012| this section permits a rebuttable inference that the possessor | 0013| intended to use them for cheating. | 0014| Section 61. [NEW MATERIAL] CRIME--CHEATING.--A person | 0015| who knowingly cheats at any game is guilty of a fourth degree | 0016| felony and upon conviction shall be sentenced pursuant to the | 0017| provisions of Section 31-18-15 NMSA 1978. | 0018| Section 62. [NEW MATERIAL] CRIME--POSSESSION OF GAMING | 0019| DEVICE MANUFACTURED, SOLD OR DISTRIBUTED IN VIOLATION OF LAW.--A | 0020| person who knowingly possesses any gaming device that has been | 0021| manufactured, sold or distributed in violation of the Gaming | 0022| Control Act is guilty of a fourth degree felony and shall be | 0023| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0024| 1978. | 0025| Section 63. [NEW MATERIAL] CRIME--REPORTING AND RECORD | 0001| VIOLATIONS--PENALTY.--A person who, in an application, in a book | 0002| or record required to be maintained by the Gaming Control Act or | 0003| by a regulation adopted under that act or in a report required | 0004| to be submitted by that act or a regulation adopted under that | 0005| act, knowingly makes a statement or entry that is false or | 0006| misleading or fails to maintain or make an entry the person | 0007| knows is required to be maintained or made is guilty of a fourth | 0008| degree felony and shall be sentenced in accordance with Section | 0009| 31-18-15 NMSA 1978. | 0010| Section 64. [NEW MATERIAL] CRIME--UNLAWFUL MANUFACTURE, | 0011| SALE, DISTRIBUTION, MARKING, ALTERING OR MODIFICATION OF DEVICES | 0012| ASSOCIATED WITH GAMING--UNLAWFUL INSTRUCTION--PENALTY.-- | 0013| A. A person who manufactures, sells or distributes a | 0014| device that is intended by him to be used to violate any | 0015| provision of the Gaming Control Act is guilty of a fourth degree | 0016| felony and shall be sentenced in accordance with Section | 0017| 31-18-15 NMSA 1978. | 0018| B. A person who marks, alters or otherwise modifies | 0019| any gaming device in a manner that affects the result of a wager | 0020| by determining win or loss or alters the normal criteria of | 0021| random selection that affects the operation of a game or that | 0022| determines the outcome of a game is guilty of a fourth degree | 0023| felony and shall be sentenced in accordance with Section | 0024| 31-18-15 NMSA 1978. | 0025| Section 65. [NEW MATERIAL] UNDERAGE GAMING--PENALTY FOR | 0001| PERMITTING OR PARTICIPATION.-- | 0002| A. A person who knowingly permits an individual who | 0003| the person knows is younger than twenty-one years of age to | 0004| participate in gaming is guilty of a misdemeanor and shall be | 0005| sentenced pursuant to the provisions of Section 31-19-1 NMSA | 0006| 1978. | 0007| B. An individual who participates in gaming when he | 0008| is younger than twenty-one years of age at the time of | 0009| participation is guilty of a misdemeanor and shall be sentenced | 0010| pursuant to the provisions of Section 31-19-1 NMSA 1978. | 0011| Section 66. [NEW MATERIAL] CRIME--GENERAL PENALTIES FOR | 0012| VIOLATION OF ACT.--A person who willfully violates, attempts to | 0013| violate or conspires to violate any of the provisions of the | 0014| Gaming Control Act specifying prohibited acts, the | 0015| classification of which is not specifically stated in that act, | 0016| is guilty of a misdemeanor and shall be sentenced pursuant to | 0017| the provisions of Section 31-19-1 NMSA 1978. | 0018| Section 67. [NEW MATERIAL] DETENTION AND QUESTIONING OF | 0019| A PERSON SUSPECTED OF VIOLATING ACT--LIMITATIONS ON LIABILITY-- | 0020| POSTING OF NOTICE.-- | 0021| A. A gaming operator licensee or its officers, | 0022| employees or agents may question a person in its gaming | 0023| establishment suspected of violating any of the provisions of | 0024| the Gaming Control Act. No gaming operator licensee or any of | 0025| its officers, employees or agents is criminally or civilly | 0001| liable: | 0002| (1) on account of any such questioning; or | 0003| (2) for reporting to the board or law | 0004| enforcement authorities the person suspected of the violation. | 0005| B. A gaming operator licensee or any of its officers, | 0006| employees or agents who has reasonable cause for believing that | 0007| there has been a violation of the Gaming Control Act in the | 0008| gaming establishment by a person may detain that person in the | 0009| gaming establishment in a reasonable manner and for a reasonable | 0010| length of time. Such a detention does not render the gaming | 0011| operator licensee or his officers, employees or agents | 0012| criminally or civilly liable unless it is established by clear | 0013| and convincing evidence detention was unreasonable under the | 0014| circumstances. | 0015| C. No gaming operator licensee or its officers, | 0016| employees or agents are entitled to the immunity from liability | 0017| provided for in Subsection B of this section unless there is | 0018| displayed in a conspicuous place in the gaming establishment a | 0019| notice in boldface type clearly legible and in substantially | 0020| this form: | 0021| "Any gaming operator licensee or any of his | 0022| officers, employees or agents who have reasonable | 0023| cause for believing that any person has violated any | 0024| provision of the Gaming Control Act prohibiting | 0025| cheating in gaming may detain that person in the | 0001| establishment.". | 0002| Section 68. [NEW MATERIAL] ADMINISTRATIVE APPEAL OF | 0003| BOARD ACTION.-- | 0004| A. Any person aggrieved by an action taken by the | 0005| board or one of its agents may request and receive a hearing for | 0006| the purpose of reviewing the action. To obtain a hearing the | 0007| aggrieved person shall file a request for hearing with the board | 0008| within thirty days after the date the action is taken. Failure | 0009| to file the request within the specified time is an irrevocable | 0010| waiver of the right to a hearing, and the action complained of | 0011| shall be final with no further right to review, either | 0012| administratively or by a court. | 0013| B. The board shall adopt procedural regulations to | 0014| govern the procedures to be followed in administrative hearings | 0015| pursuant to the provisions of this section. At a minimum, the | 0016| regulations shall provide: | 0017| (1) for the hearings to be public; | 0018| (2) for the appointment of a hearing officer to | 0019| conduct the hearing and make his recommendation to the board not | 0020| more than ten days after the completion of the hearing; | 0021| (3) procedures for discovery; | 0022| (4) assurance that procedural due process | 0023| requirements are satisfied; | 0024| (5) for the maintenance of a record of the | 0025| hearing proceedings and assessment of costs of any transcription | 0001| of testimony that is required for judicial review purposes; and | 0002| (6) for the hearing to be held in Santa Fe for | 0003| enforcement hearings and hearings on actions of statewide | 0004| application, and to be held in the place or area affected for | 0005| enforcement hearings and hearings on actions of limited local | 0006| concern. | 0007| C. Actions taken by the board after a hearing | 0008| pursuant to the provisions of this section shall be: | 0009| (1) written and shall state the reasons for the | 0010| action; | 0011| (2) made public when taken; | 0012| (3) communicated to all persons who have made a | 0013| written request for notification of the action taken; and | 0014| (4) taken not more than thirty days after the | 0015| submission of the hearing officer's report to the board. | 0016| Section 69. [NEW MATERIAL] JUDICIAL REVIEW OF | 0017| ADMINISTRATIVE ACTIONS.-- | 0018| A. Any person adversely affected by an action taken | 0019| by the board after review pursuant to the provisions of Section | 0020| 60 of the Gaming Control Act may appeal the action to the court | 0021| of appeals. The appeal shall be on the record made at the | 0022| hearing. To support his appeal, the appellant shall make | 0023| arrangements with the board for a sufficient number of | 0024| transcripts of the record of the hearing on which the appeal is | 0025| based. The appellant shall pay for the preparation of the | 0001| transcripts. | 0002| B. On appeal, the court of appeals shall set aside | 0003| the administrative action only if it is found to be: | 0004| (1) arbitrary, capricious or an abuse of | 0005| discretion; | 0006| (2) not supported by substantial evidence in | 0007| the whole record; or | 0008| (3) otherwise not in accordance with law. | 0009| Section 70. Section 7-1-2 NMSA 1978 (being Laws 1965, | 0010| Chapter 248, Section 2, as amended) is amended to read: | 0011| "7-1-2. APPLICABILITY.--The Tax Administration Act applies | 0012| to and governs: | 0013| A. the administration and enforcement of the | 0014| following taxes or tax acts as they now exist or may hereafter | 0015| be amended: | 0016| (1) Income Tax Act; | 0017| (2) Withholding Tax Act; | 0018| (3) Gross Receipts and Compensating Tax Act and | 0019| any state gross receipts tax; | 0020| (4) Liquor Excise Tax Act; | 0021| (5) Local Liquor Excise Tax Act; | 0022| ~~[(6) Banking and Financial Corporations Tax~~ | 0023| ~~Act;~~ | 0024| ~~(7)]~~ (6) any municipal local option gross | 0025| receipts tax; | 0001| ~~[(8)]~~ (7) any county local option gross | 0002| receipts tax; | 0003| ~~[(9)]~~ (8) Special Fuels Supplier Tax Act; | 0004| ~~[(10)]~~ (9) Gasoline Tax Act; | 0005| ~~[(11)]~~ (10) petroleum products loading fee, | 0006| which fee shall be considered a tax for the purpose of the Tax | 0007| Administration Act; | 0008| ~~[(12)]~~ (11) Alternative Fuel Tax Act; | 0009| ~~[(13)]~~ (12) Cigarette Tax Act; | 0010| ~~[(14)]~~ (13) Estate Tax Act; | 0011| ~~[(15)]~~ (14) Railroad Car Company Tax Act; | 0012| ~~[(16)]~~ (15) Investment Credit Act; | 0013| ~~[(17)]~~ (16) Corporate Income and Franchise | 0014| Tax Act; | 0015| ~~[(18)]~~ (17) Uniform Division of Income for | 0016| Tax Purposes Act; | 0017| ~~[(19)]~~ (18) Multistate Tax Compact; | 0018| ~~[(20)]~~ (19) Tobacco Products Tax Act; | 0019| ~~[(21)]~~ (20) Filmmaker's Credit Act; and | 0020| ~~[(22)]~~ (21) the telecommunications relay | 0021| service surcharge imposed by Section 63-9F-11 NMSA 1978, which | 0022| surcharge shall be considered a tax for the purposes of the Tax | 0023| Administration Act; | 0024| B. the administration and enforcement of the | 0025| following taxes, surtaxes, advanced payments or tax acts as they | 0001| now exist or may hereafter be amended: | 0002| (1) Resources Excise Tax Act; | 0003| (2) Severance Tax Act; | 0004| (3) any severance surtax; | 0005| (4) Oil and Gas Severance Tax Act; | 0006| (5) Oil and Gas Conservation Tax Act; | 0007| (6) Oil and Gas Emergency School Tax Act; | 0008| (7) Oil and Gas Ad Valorem Production Tax Act; | 0009| (8) Natural Gas Processors Tax Act; | 0010| (9) Oil and Gas Production Equipment Ad Valorem | 0011| Tax Act; | 0012| (10) Copper Production Ad Valorem Tax Act; and | 0013| (11) any advance payment required to be made by | 0014| any act specified in this subsection, which advance payment | 0015| shall be considered a tax for the purposes of the Tax | 0016| Administration Act; | 0017| C. the administration and enforcement of the | 0018| following taxes, surcharges, fees or acts as they now exist or | 0019| may hereafter be amended: | 0020| (1) Weight Distance Tax Act; | 0021| (2) Special Fuels Tax Act; | 0022| (3) the workers' compensation fee authorized by | 0023| Section 52-5-19 NMSA 1978, which fee shall be considered a tax | 0024| for purposes of the Tax Administration Act; | 0025| (4) Uniform Unclaimed Property Act; | 0001| (5) 911 emergency surcharge and the network and | 0002| database surcharge, which surcharges shall be considered taxes | 0003| for purposes of the Tax Administration Act; | 0004| (6) the solid waste assessment fee authorized | 0005| by the Solid Waste Act, which fee shall be considered a tax for | 0006| purposes of the Tax Administration Act; ~~[and]~~ | 0007| (7) the water conservation fee imposed by | 0008| Section 74-1-13 NMSA 1978, which fee shall be considered a tax | 0009| for the purposes of the Tax Administration Act; and | 0010| (8) the gaming tax imposed pursuant to the | 0011| Gaming Control Act; and | 0012| D. the administration and enforcement of all other | 0013| laws, with respect to which the department is charged with | 0014| responsibilities pursuant to the Tax Administration Act, but | 0015| only to the extent that the other laws do not conflict with the | 0016| Tax Administration Act." | 0017| Section 71. Section 10-15-1 NMSA 1978 (being Laws 1974, | 0018| Chapter 91, Section 1, as amended) is amended to read: | 0019| "10-15-1. FORMATION OF PUBLIC POLICY--PROCEDURES FOR OPEN | 0020| MEETINGS--EXCEPTIONS AND PROCEDURES FOR CLOSED MEETINGS.-- | 0021| A. In recognition of the fact that a representative | 0022| government is dependent upon an informed electorate, it is | 0023| declared to be public policy of this state that all persons are | 0024| entitled to the greatest possible information regarding the | 0025| affairs of government and the official acts of those officers | 0001| and employees who represent them. The formation of public | 0002| policy or the conduct of business by vote shall not be conducted | 0003| in closed meeting. All meetings of any public body except the | 0004| legislature and the courts shall be public meetings, and all | 0005| persons so desiring shall be permitted to attend and listen to | 0006| the deliberations and proceedings. Reasonable efforts shall be | 0007| made to accommodate the use of audio and video recording | 0008| devices. | 0009| B. All meetings of a quorum of members of any board, | 0010| commission, administrative adjudicatory body or other | 0011| policymaking body of any state agency, any agency or authority | 0012| of any county, municipality, district or any political | 0013| subdivision, held for the purpose of formulating public policy, | 0014| including the development of personnel policy, rules, | 0015| regulations or ordinances, discussing public business or for the | 0016| purpose of taking any action within the authority of or the | 0017| delegated authority of any board, commission or other | 0018| policymaking body are declared to be public meetings open to the | 0019| public at all times, except as otherwise provided in the | 0020| constitution of New Mexico or the Open Meetings Act. No public | 0021| meeting once convened that is otherwise required to be open | 0022| pursuant to the Open Meetings Act shall be closed or dissolved | 0023| into small groups or committees for the purpose of permitting | 0024| the closing of the meeting. | 0025| C. If otherwise allowed by law or rule of the public | 0001| body, a member of a public body may participate in a meeting of | 0002| the public body by means of a conference telephone or other | 0003| similar communications equipment when it is otherwise difficult | 0004| or impossible for the member to attend the meeting in person, | 0005| provided that each member participating by conference telephone | 0006| can be identified when speaking, all participants are able to | 0007| hear each other at the same time and members of the public | 0008| attending the meeting are able to hear any member of the public | 0009| body who speaks during the meeting. | 0010| D. Any meetings at which the discussion or adoption | 0011| of any proposed resolution, rule, regulation or formal action | 0012| occurs and at which a majority or quorum of the body is in | 0013| attendance, and any closed meetings, shall be held only after | 0014| reasonable notice to the public. The affected body shall | 0015| determine at least annually in a public meeting what notice for | 0016| a public meeting is reasonable when applied to that body. That | 0017| notice shall include broadcast stations licensed by the federal | 0018| communications commission and newspapers of general circulation | 0019| that have provided a written request for such notice. | 0020| E. A public body may recess and reconvene a meeting | 0021| to a day subsequent to that stated in the meeting notice if, | 0022| prior to recessing, the public body specifies the date, time and | 0023| place for continuation of the meeting, and, immediately | 0024| following the recessed meeting, posts notice of the date, time | 0025| and place for the reconvened meeting on or near the door of the | 0001| place where the original meeting was held and in at least one | 0002| other location appropriate to provide public notice of the | 0003| continuation of the meeting. Only matters appearing on the | 0004| agenda of the original meeting may be discussed at the | 0005| reconvened meeting. | 0006| F. Meeting notices shall include an agenda containing | 0007| a list of specific items of business to be discussed or | 0008| transacted at the meeting or information on how the public may | 0009| obtain a copy of such an agenda. Except in the case of an | 0010| emergency, the agenda shall be available to the public at least | 0011| twenty-four hours prior to the meeting. Except for emergency | 0012| matters, a public body shall take action only on items appearing | 0013| on the agenda. For purposes of this subsection, an "emergency" | 0014| refers to unforeseen circumstances that, if not addressed | 0015| immediately by the public body, will likely result in injury or | 0016| damage to persons or property or substantial financial loss to | 0017| the public body. | 0018| G. The board, commission or other policymaking body | 0019| shall keep written minutes of all its meetings. The minutes | 0020| shall include at a minimum the date, time and place of the | 0021| meeting, the names of members in attendance and those absent, | 0022| the substance of the proposals considered and a record of any | 0023| decisions and votes taken that show how each member voted. All | 0024| minutes are open to public inspection. Draft minutes shall be | 0025| prepared within ten working days after the meeting and shall be | 0001| approved, amended or disapproved at the next meeting where a | 0002| quorum is present. Minutes shall not become official until | 0003| approved by the policymaking body. | 0004| H. The provisions of Subsections A, B and G of this | 0005| section do not apply to: | 0006| (1) meetings pertaining to issuance, | 0007| suspension, renewal or revocation of a license, except that a | 0008| hearing at which evidence is offered or rebutted shall be open. | 0009| All final actions on the issuance, suspension, renewal or | 0010| revocation of a license shall be taken at an open meeting; | 0011| (2) limited personnel matters; provided that | 0012| for purposes of the Open Meetings Act, "limited personnel | 0013| matters" means the discussion of hiring, promotion, demotion, | 0014| dismissal, assignment or resignation of or the investigation or | 0015| consideration of complaints or charges against any individual | 0016| public employee; provided further that this subsection is not to | 0017| be construed as to exempt final actions on personnel from being | 0018| taken at open public meetings, nor does it preclude an aggrieved | 0019| public employee from demanding a public hearing. Judicial | 0020| candidates interviewed by any commission shall have the right to | 0021| demand an open interview; | 0022| (3) deliberations by a public body in | 0023| connection with an administrative adjudicatory proceeding. For | 0024| purposes of this paragraph, an "administrative adjudicatory | 0025| proceeding" means a proceeding brought by or against a person | 0001| before a public body in which individual legal rights, duties or | 0002| privileges are required by law to be determined by the public | 0003| body after an opportunity for a trial-type hearing. Except as | 0004| otherwise provided in this section, the actual administrative | 0005| adjudicatory proceeding at which evidence is offered or rebutted | 0006| and any final action taken as a result of the proceeding shall | 0007| occur in an open meeting; | 0008| (4) the discussion of personally identifiable | 0009| information about any individual student, unless the student, | 0010| his parent or guardian requests otherwise; | 0011| (5) meetings for the discussion of bargaining | 0012| strategy preliminary to collective bargaining negotiations | 0013| between the policymaking body and a bargaining unit representing | 0014| the employees of that policymaking body and collective | 0015| bargaining sessions at which the policymaking body and the | 0016| representatives of the collective bargaining unit are present; | 0017| (6) that portion of meetings at which a | 0018| decision concerning purchases in an amount exceeding two | 0019| thousand five hundred dollars ($2,500) that can be made only | 0020| from one source and that portion of meetings at which the | 0021| contents of competitive sealed proposals solicited pursuant to | 0022| the Procurement Code are discussed during the contract | 0023| negotiation process. The actual approval of purchase of the | 0024| item or final action regarding the selection of a contractor | 0025| shall be made in an open meeting; | 0001| (7) meetings subject to the attorney-client | 0002| privilege pertaining to threatened or pending litigation in | 0003| which the public body is or may become a participant; | 0004| (8) meetings for the discussion of the | 0005| purchase, acquisition or disposal of real property or water | 0006| rights by the public body; ~~[and]~~ | 0007| (9) those portions of meetings of committees or | 0008| boards of public hospitals that receive less than fifty percent | 0009| of their operating budget from direct public funds and | 0010| appropriations where strategic and long-range business plans are | 0011| discussed; and | 0012| (10) that portion of a meeting of the gaming | 0013| control board dealing with information made confidential | 0014| pursuant to the provisions of the Gaming Control Act. | 0015| I. If any meeting is closed pursuant to the | 0016| exclusions contained in Subsection H of this section, the | 0017| closure: | 0018| (1) if made in an open meeting, shall be | 0019| approved by a majority vote of a quorum of the policymaking | 0020| body; the authority for the closure and the subject to be | 0021| discussed shall be stated with reasonable specificity in the | 0022| motion calling for the vote on a closed meeting; the vote shall | 0023| be taken in an open meeting; and the vote of each individual | 0024| member shall be recorded in the minutes. Only those subjects | 0025| announced or voted upon prior to closure by the policymaking | 0001| body may be discussed in a closed meeting; and | 0002| (2) if called for when the policymaking body is | 0003| not in an open meeting, shall not be held until public notice, | 0004| appropriate under the circumstances, stating the specific | 0005| provision of the law authorizing the closed meeting and stating | 0006| with reasonable specificity the subject to be discussed is given | 0007| to the members and to the general public. | 0008| J. Following completion of any closed meeting, the | 0009| minutes of the open meeting that was closed or the minutes of | 0010| the next open meeting if the closed meeting was separately | 0011| scheduled shall state that the matters discussed in the closed | 0012| meeting were limited only to those specified in the motion for | 0013| closure or in the notice of the separate closed meeting. This | 0014| statement shall be approved by the public body under Subsection | 0015| G of this section as part of the minutes." | 0016| Section 72. Section 30-19-1 NMSA 1978 (being Laws 1963, | 0017| Chapter 303, Section 19-1, as amended) is amended to read: | 0018| "30-19-1. DEFINITIONS RELATING TO GAMBLING.--As used in | 0019| Chapter 30, Article 19 NMSA 1978: | 0020| A. "antique gambling device" means a gambling device | 0021| twenty-five years of age or older and substantially in original | 0022| condition that is not used for gambling or commercial gambling | 0023| or located in a gambling place; | 0024| B. "bet" means a bargain in which the parties agree | 0025| that, dependent upon chance, even though accompanied by some | 0001| skill, one stands to win or lose anything of value specified in | 0002| the agreement. A bet does not include: | 0003| (1) bona fide business transactions that are | 0004| valid under the law of contracts, including ~~[without~~ | 0005| ~~limitation]~~: | 0006| (a) contracts for the purchase or sale, at | 0007| a future date, of securities or other commodities; and | 0008| (b) agreements to compensate for loss | 0009| caused by the happening of the chance, including ~~[without~~ | 0010| ~~limitation]~~ contracts for indemnity or guaranty and life or | 0011| health and accident insurance; | 0012| (2) offers of purses, prizes or premiums to the | 0013| actual contestants in any bona fide contest for the | 0014| determination of skill, speed, strength or endurance or to the | 0015| bona fide owners of animals or vehicles entered in such contest; | 0016| (3) a lottery as defined in this section; or | 0017| (4) betting otherwise permitted by law; | 0018| ~~[C. "lottery" means an enterprise other than the New~~ | 0019| ~~Mexico state lottery established and operated pursuant to the~~ | 0020| ~~New Mexico Lottery Act wherein, for a consideration, the~~ | 0021| ~~participants are given an opportunity to win a prize, the award~~ | 0022| ~~of which is determined by chance, even though accompanied by~~ | 0023| ~~some skill. As used in this subsection, "consideration" means~~ | 0024| ~~anything of pecuniary value required to be paid to the promoter~~ | 0025| ~~in order to participate in such enterprise;~~ | 0001| ~~D.]~~ C. "gambling device" means a contrivance other | 0002| than an antique gambling device that is not licensed for use | 0003| pursuant to the Gaming Control Act and that, for a | 0004| consideration, affords the player an opportunity to obtain | 0005| anything of value, the award of which is determined by chance, | 0006| even though accompanied by some skill, ~~[and]~~ whether or not | 0007| the prize is automatically paid by the device; ~~[and~~ | 0008| ~~E.]~~ D. "gambling place" means ~~[any]~~ a building | 0009| or tent, ~~[any]~~ a vehicle, whether self-propelled or not, or | 0010| ~~[any]~~ a room within any of them that is not within the | 0011| premises of a person licensed as a lottery retailer or that is | 0012| not licensed pursuant to the Gaming Control Act, one of whose | 0013| principal uses is: | 0014| (1) making and settling of bets; | 0015| (2) receiving, holding, recording or forwarding | 0016| bets or offers to bet; | 0017| (3) conducting lotteries; or | 0018| (4) playing gambling devices; and | 0019| E. "lottery" means an enterprise wherein, for a | 0020| consideration, the participants are given an opportunity to win | 0021| a prize, the award of which is determined by chance, even though | 0022| accompanied by some skill. "Lottery" does not include the New | 0023| Mexico state lottery established and operated pursuant to the | 0024| New Mexico Lottery Act or gaming that is licensed and operated | 0025| pursuant to the Gaming Control Act. As used in this subsection, | 0001| "consideration" means anything of pecuniary value required to be | 0002| paid to the promoter in order to participate in a gambling or | 0003| gaming enterprise." | 0004| Section 73. Section 30-19-6 NMSA 1978 (being Laws 1963, | 0005| Chapter 303, Section 19-6, as amended) is amended to read: | 0006| "30-19-6. ~~[PERMISSIVE LOTTERY]~~ AUTHORIZED ACTIVITIES-- | 0007| FAIRS--THEATERS--TAX-EXEMPT ORGANIZATIONS.-- | 0008| A. Nothing in ~~[Article 19]~~ Chapter 30, Article 19 | 0009| NMSA 1978 ~~[shall be construed to apply to any]~~ prohibits a | 0010| sale or drawing of ~~[any]~~ a prize at ~~[any]~~ a fair held in | 0011| this state for the benefit of ~~[any]~~ a church, public library | 0012| or religious society ~~[situate or being]~~ located in this | 0013| state, or for charitable purposes when all the proceeds of | 0014| ~~[such]~~ the fair ~~[shall be]~~ are expended in this state | 0015| for the benefit of ~~[such]~~ the church, public library, | 0016| religious society or charitable purposes. A ~~[lottery shall be~~ | 0017| ~~operated]~~ sale or drawing conducted pursuant to this | 0018| subsection is for the benefit of the organization or charitable | 0019| purpose only ~~[when]~~ if the entire proceeds ~~[of the~~ | 0020| ~~lottery]~~ from the sale or drawing go to the organization or | 0021| charitable purpose and no part of ~~[such]~~ the proceeds go to | 0022| ~~[any]~~ an individual member or employee ~~[thereof]~~ of the | 0023| organization. | 0024| B. Nothing in ~~[Article 19]~~ Chapter 30, Article 19 | 0025| NMSA 1978 ~~[shall be held to prohibit any]~~ prohibits a bona | 0001| fide motion picture ~~[theatre]~~ theater from offering prizes | 0002| of cash or merchandise for advertising purposes, in connection | 0003| with ~~[such]~~ the business of the theater or for the purpose | 0004| of stimulating business, whether or not ~~[any]~~ consideration | 0005| other than a monetary consideration in excess of the regular | 0006| price of admission is ~~[exacted]~~ charged for participation in | 0007| drawings for prizes. | 0008| C. Nothing in ~~[Article 19]~~ Chapter 30, Article 19 | 0009| NMSA 1978 ~~[shall be held to apply to any]~~ prohibits a bona | 0010| fide county fair, including ~~[fairs]~~ a fair for more than one | 0011| county, ~~[which shall have]~~ that has been held annually at | 0012| the same location for at least two years ~~[and which shall~~ | 0013| ~~offer]~~ from offering prizes of livestock or poultry in | 0014| connection with ~~[such]~~ the fair ~~[when]~~ if the proceeds | 0015| of ~~[such]~~ the drawings ~~[shall be]~~ are used for the | 0016| benefit of ~~[said]~~ the fair. | 0017| ~~[D. Nothing in Article 19, Chapter 30 NMSA 1978~~ | 0018| ~~shall be construed to apply to any lottery operated by an~~ | 0019| ~~organization exempt from the state income tax pursuant to~~ | 0020| ~~Subsection C of Section 7-2-4 NMSA 1978 and not subject to the~~ | 0021| ~~provisions of Subsection A of this section; provided that:~~ | 0022| ~~(1) no more than two lotteries shall be~~ | 0023| ~~operated in any year by such an organization;~~ | 0024| ~~(2) all the gross proceeds less the reasonable~~ | 0025| ~~cost of prizes of any lottery operated by such an organization~~ | 0001| ~~shall be expended in the state for the benefit of the~~ | 0002| ~~organization or public purposes; and~~ | 0003| ~~(3) no part of the proceeds of any lottery~~ | 0004| ~~shall go to any individual member or employee of any~~ | 0005| ~~organization except as payment for the purchase of prizes at no~~ | 0006| ~~more than the reasonable retail price.]~~ | 0007| D. Nothing in Chapter 30, Article 19 NMSA 1978 | 0008| prohibits an organization that is exempt from state income tax | 0009| pursuant to Section 7-2-4 NMSA 1978 and in good standing as a | 0010| not-for-profit corporation as shown by the records of the state | 0011| corporation commission from conducting bingo games, raffles, | 0012| lotteries or table games, including poker, craps, blackjack, | 0013| roulette and the like, including any class III gaming as defined | 0014| in the Indian Gaming Regulatory Act, at a "casino night" | 0015| fundraising event if: | 0016| (1) the "casino night" fundraising event is | 0017| conducted no more than two times in a calendar year by the | 0018| qualifying organization; | 0019| (2) the only persons authorized to participate | 0020| in the operation or management of the "casino night" fundraising | 0021| event are: | 0022| (a) bona fide members of the qualifying | 0023| organization who are not paid for their services in the | 0024| operation or management of the event; or | 0025| (b) persons who provide goods or services | 0001| for the fundraising event for a flat fee or an hourly fee | 0002| pursuant to a written contract with the qualifying organization; | 0003| (3) no person receives any part of the proceeds | 0004| of the "casino night" fundraising event except: | 0005| (a) as payment for prizes purchased at no | 0006| more than the reasonable retail prices for the prizes; or | 0007| (b) pursuant to a contract described in | 0008| Subparagraph (b) of Paragraph (2) of this subsection; | 0009| (4) the net proceeds of the "casino night" | 0010| fundraising event are expended in the state for the benefit of | 0011| the qualifying organization or purposes for which it was formed; | 0012| (5) gross revenue, expenses, prizes paid and the | 0013| date, time and location of the "casino night" fundraising event | 0014| are reported to the alcohol and gaming division of the | 0015| regulation and licensing department within thirty days after the | 0016| event; | 0017| (6) the qualifying organization conducting the | 0018| "casino night" fundraising event maintains records for a period | 0019| of one year after the date of the event that accurately show the | 0020| gross revenue generated by the event, details of the expenses of | 0021| conducting the event and details of how the gross revenue is | 0022| used, and the qualifying organization makes the records | 0023| available for review by the director of the alcohol and gaming | 0024| division of the regulation and licensing department or the | 0025| attorney general, or both, at their request; | 0001| (7) no more than five electronic gambling | 0002| devices are operated during the "casino night" fundraising | 0003| event; | 0004| (8) no person younger than the age of twenty-one | 0005| is allowed to participate in the operation or management of the | 0006| "casino night" fundraising event or to play any game at the | 0007| event; and | 0008| (9) the "casino night" fundraising event is | 0009| conducted pursuant to regulations and a permit issued by the | 0010| alcohol and gaming division of the regulation and licensing | 0011| department. | 0012| E. Electronic gambling conducted pursuant to the | 0013| provisions of this section shall be conducted in accordance with | 0014| regulations adopted by the regulation and licensing department. | 0015| Those regulations may provide for minimum standards for | 0016| security, restrictions of amounts wagered, limits on amounts | 0017| paid by electronic gambling devices, recordkeeping by the | 0018| operator and sponsor of the gaming event and monitoring, | 0019| electronic or otherwise, of the electronic gambling conducted. | 0020| F. As used in Subsections D and E of this section: | 0021| (1) "electronic gambling device" means a gambling | 0022| device consisting of an electronic device that simulates the | 0023| play of any game of chance, uses microprocessors and that, by | 0024| chance or through some combination of chance and skill, the | 0025| device dispenses or the player may otherwise receive cash, | 0001| coins, tokens for free games or credits that can be redeemed for | 0002| cash, coins or tokens; and | 0003| (2) "electronic gambling" means the play of an | 0004| electronic gambling device. | 0005| G. The provisions of the Bingo and Raffle Act and the | 0006| New Mexico Lottery Act do not apply to the activities described | 0007| in Subsection D of this section." | 0008| Section 74. Section 60-7A-19 NMSA 1978 (being Laws 1981, | 0009| Chapter 39, Section 96) is amended to read: | 0010| "60-7A-19. COMMERCIAL GAMBLING ON LICENSED PREMISES.-- | 0011| A. It is a violation of the Liquor Control Act for a | 0012| licensee to knowingly allow commercial gambling on the licensed | 0013| premises. | 0014| B. In addition to any criminal penalties, any person | 0015| who violates Subsection A of this section may have his license | 0016| suspended or revoked or a fine imposed, or both, pursuant to the | 0017| Liquor Control Act. | 0018| C. ~~[For purposes of]~~ As used in this section: | 0019| (1) "commercial gambling" means: | 0020| ~~[(1)]~~ (a) participating in the earnings of or | 0021| operating a gambling place; | 0022| ~~[(2)]~~ (b) receiving, recording or forwarding | 0023| bets or offers to bet; | 0024| ~~[(3)]~~ (c) possessing facilities with the | 0025| intent to receive, record or forward bets or offers to bet; | 0001| ~~[(4)]~~ (d) for gain, becoming a custodian of | 0002| anything of value bet or offered to be bet; | 0003| ~~[(5)]~~ (e) conducting a lottery where both the | 0004| consideration and the prize are money, or whoever with intent to | 0005| conduct a lottery possesses facilities to do so; or | 0006| ~~[(6)]~~ (f) setting up for use for the purpose | 0007| of gambling, or collecting the proceeds of, any gambling device | 0008| or game; and | 0009| (2) "commercial gambling" does not mean: | 0010| (a) activities authorized pursuant to the New | 0011| Mexico Lottery Act; | 0012| (b) the conduct of activities pursuant to | 0013| Subsection D of Section 30-19-6 NMSA 1978; and | 0014| (c) gaming authorized pursuant to the Gaming | 0015| Control Act on the premises of a gaming operator licensee | 0016| licensed pursuant to that act." | 0017| Section 75. SEVERABILITY.--If any part or application of | 0018| the Gaming Control Act is held invalid, the remainder or its | 0019| application to other situations or persons shall not be | 0020| affected. | 0021| Section 76. EMERGENCY.--It is necessary for the public | 0022| peace, health and safety that this act take effect immediately. | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| | 0004| FORTY-THIRD LEGISLATURE | 0005| FIRST SESSION, 1997 SB 872/a | 0006| | 0007| | 0008| March 5, 1997 | 0009| | 0010| Mr. President: | 0011| | 0012| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0013| referred | 0014| | 0015| SENATE BILL 872 | 0016| | 0017| has had it under consideration and reports same WITHOUT | 0018| RECOMMENDATION, amended as follows: | 0019| | 0020| 1. On page 87, line 23, after "to" insert "a gaming operator | 0021| licensee,". | 0022| | 0023| 2. On page 108, strike lines 9 through 17 in their entirety. | 0024| | 0025| 3. On page 117, line 13, after "suitable" insert "following | 0001| a review of information provided". | 0002| | 0003| 4. On page 124, line 6, strike "manufacturers" and insert in | 0004| lieu thereof "manufacturer licensees". | 0005| | 0006| 5. On page 124, line 7, strike "gaming operators" and insert | 0007| in lieu thereof "distributor licensees". | 0008| | 0009| 6. On page 124, line 8, strike "it supplies" and insert in | 0010| lieu thereof "they supply". | 0011| | 0012| 7. On page 124, line 9, strike "distributors" and insert in | 0013| lieu thereof "distributor licensees". | 0014| | 0015| 8. On page 124, line 10, strike "operators" and insert in | 0016| lieu thereof "operator licensees". | 0017| | 0018| 9. On page 125, line 7, strike "and" and insert in lieu | 0019| thereof "or". | 0020| | 0021| 10. On page 125, line 11, strike "and" and insert in lieu | 0022| thereof "or". | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| 11. On page 127, line 21, after "or" insert "upon payment of | 0004| any consideration". | 0005| | 0006| 12. On page 130, lines 13 and 14, strike "have at least one | 0007| mechanism that accepts coins or currency, but does not" and insert | 0008| in lieu thereof "be unable to". | 0009| | 0010| 13. On page 131, line 14, after "value" strike the remainder | 0011| of the line, strike all of lines 15 and 16 and insert in lieu | 0012| thereof "of not less than Nevada standards as defined by the | 0013| board;"., | 0014| | 0015| and thence referred to the CORPORATIONS & TRANSPORTATION | 0016| COMMITTEE. | 0017| | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| __________________________________ | 0024| Shannon Robinson, Chairman | 0025| | 0001| | 0002| | 0003| Adopted_______________________ Not Adopted_______________________ | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| | 0007| Date ________________________ | 0008| | 0009| | 0010| The roll call vote was 6 For 0 Against | 0011| Yes: 6 | 0012| No: 0 | 0013| Excused: Garcia, Ingle, Vernon | 0014| Absent: None | 0015| | 0016| | 0017| | 0018| | 0019| S0872PA1 .117917.2 | 0020| | 0021| | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 SB 872/a | 0025| | 0001| | 0002| March 9, 1997 | 0003| | 0004| | 0005| Mr. President: | 0006| | 0007| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to | 0008| whom has been referred | 0009| | 0010| SENATE BILL 872, as amended | 0011| | 0012| has had it under consideration and reports same with | 0013| recommendation that it DO PASS, amended as follows: | 0014| | 0015| 1. On page 11, line 15, after "person" strike the | 0016| remainder of the line and insert in lieu thereof "less than | 0017| twenty-one years of age;". | 0018| | 0019| 2. On page 11, strike lines 16 through 19 in their entirety. | 0020| | 0021| 3. On page 11, line 20, strike "a key" and insert in lieu | 0022| thereof "any". | 0023| | 0024| 4. On page 11, line 21, strike "to be" and insert in lieu | 0025| thereof "from being". | 0001| | 0002| 5. On page 11, line 22, strike "eighteen (18)" and insert in | 0003| lieu thereof "twenty-one (21)". | 0004| | 0005| 6. On page 12, line 5, after the comma strike the remainder | 0006| of the line and insert in lieu thereof "pension and other similar | 0007| checks, for any patron;". | 0008| | 0009| 7. On page 12, between lines 11 and 12, insert the | 0010| following: | 0011| | 0012| "6. prohibiting a Gaming Facility from providing, | 0013| allowing, contracting to provide or arranging to | 0014| provide alcoholic beverages or food for no charge or | 0015| at reduced prices as an incentive or enticement for | 0016| patrons to game; | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| 7. requiring that all passenger conveyances | 0025| authorized by or under contract with a Gaming | 0001| Facility to convey patrons to or from the Gaming | 0002| Facility shall be licensed and insured pursuant to | 0003| the laws of the state regarding similar public | 0004| conveyances; | 0005| | 0006| 8. requiring that each electronic or | 0007| electromechanical gaming device in use at the Gaming | 0008| Facility must pay out a mathematically demonstrable | 0009| percentage of all amounts wagered, which must not be | 0010| less than eighty percent (80%) or greater than one | 0011| hundred percent (100%); | 0012| | 0013| 9. requiring that a Gaming Facility shall not | 0014| extend credit to any patron in an amount greater | 0015| than five thousand dollars ($5,000); | 0016| | 0017| 10. requiring that all food service facilities are | 0018| regulated by standards equal to or more stringent | 0019| than the standards with which commercial kitchens | 0020| and other food service providers in the state are | 0021| required to comply; | 0022| | 0023| 11. making available to all persons employed for | 0024| thirty hours or more per week by a Gaming | 0025| Operation employment benefits, including, at a | 0001| minimum, sick leave and medical and dental | 0002| insurance, as well as providing unemployment | 0003| insurance and workers' compensation insurance | 0004| through participation in programs offering those | 0005| benefits; | 0006| | 0007| 12. providing a grievance process for an employee | 0008| in cases of disciplinary or punitive action taken | 0009| against an employee that includes a process for | 0010| appeals to persons of greater authority than the | 0011| immediate supervisor of the employee; | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| 13. requiring that, if feasible, automatic teller | 0019| machines on Gaming Facility premises be programmed | 0020| to prevent the machine from accepting cards issued | 0021| by the State to Aid to Families of Dependent | 0022| Children recipients for access to Aid to Families of | 0023| Dependent Children benefits; | 0024| | 0025| 14. enacting provisions that: | 0001| | 0002| (a) prohibit an employee of the Gaming Facility | 0003| from selling, serving, giving or delivering | 0004| an alcoholic beverage to an intoxicated | 0005| person or from procuring or aiding in the | 0006| procurement of any alcoholic beverage for | 0007| an intoxicated person at the Gaming | 0008| Facility; | 0009| | 0010| (b) require Gaming Facility employees that | 0011| dispense, sell, serve or deliver alcoholic | 0012| beverages to attend Alcohol Server | 0013| Education Classes similar to those classes | 0014| provided for in the New Mexico Liquor | 0015| Control Act; and | 0016| | 0017| purchase and maintain a liquor liability | 0018| insurance policy that will provide, at a | 0019| minimum, personal injury coverage of one | 0020| million dollars ($1,000,000) per injured | 0021| person and ten million dollars | 0022| ($10,000,000) aggregate per policy year;". | 0023| | 0024| 8. Renumber succeeding paragraphs accordingly. | 0025| | 0001| 9. On page 45, lines 18 through 25, and on page 46, lines 1 | 0002| through 16, indent as for previous paragraphs. | 0003| | 0004| 10. On page 46, line 14, strike "judicial". | 0005| | 0006| 11. On page 46, between lines 16 and 17, insert the | 0007| following: | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| | 0015| "2. Any person wishing to prosecute a claim for | 0016| personal injury against the Gaming Operation as | 0017| provided in this subsection or prosecute a claim | 0018| pursuant to the liquor liability provisions of | 0019| Section 4 of this Compact, and who is unable to | 0020| arrive at a satisfactory settlement of such claim, | 0021| may proceed, by no later than three (3) years after | 0022| the date of the incident giving rise to the claim, | 0023| either by filing suit in the tribal court of the | 0024| Tribe, or by demanding binding arbitration as | 0025| provided herein. The Tribe agrees that it will | 0001| provide a tribal court that is competent to hear | 0002| such claims, and that it will permit its Gaming | 0003| Operation, and the employees thereof, to be sued in | 0004| such courts on such claims, subject to the | 0005| conditions set forth in this subsection. A claimant | 0006| who wishes to proceed by binding arbitration shall | 0007| submit a written demand therefor to the Gaming | 0008| Operation. The arbitration shall take place | 0009| according to the commercial arbitration rules | 0010| established by the American Arbitration Association. | 0011| The arbitrator shall permit the parties to engage in | 0012| reasonable discovery, and shall establish other | 0013| procedures so as to assure a full, fair and | 0014| expeditious hearing on the claim. The award of the | 0015| arbitration panel shall be final and binding (except | 0016| that any such award of damages to the claimant shall | 0017| in no event exceed the limits of liability set forth | 0018| in this subsection). The Tribe's insurer shall be | 0019| subject to suit in any court of competent | 0020| jurisdiction for enforcement of the arbitration | 0021| award.". | 0022| | 0023| 12. Renumber and indent the succeeding paragraph | 0024| accordingly. | 0025| | 0001| 13. On page 64, between lines 16 and 17, insert the | 0002| following new subsection: | 0003| | 0004| "CC. "liquor establishment" means a person licensed | 0005| pursuant to Section 60-6A-3 NMSA 1978 to dispense alcoholic | 0006| beverages;". | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| 14. Reletter succeeding subsections accordingly. | 0013| | 0014| 15. On page 68, line 5, after the period insert "At least | 0015| three of the members of the board shall have had at least five | 0016| years in a supervisory or administrative position in either a | 0017| gaming establishment or a governmental gaming regulatory agency.". | 0018| | 0019| 16. On page 69, line 8, after "governor" insert "of no less | 0020| than sixty thousand dollars ($60,000) annually". | 0021| | 0022| 17. On page 91, between lines 7 and 8, insert a new | 0023| paragraph: | 0024| | 0025| "(3) gaming operator's license for a racetrack, | 0001| fifty thousand dollars ($50,000) for the initial license and ten | 0002| thousand dollars ($10,000) for annual renewal;". | 0003| | 0004| 18. Renumber the succeeding paragraphs accordingly. | 0005| | 0006| 19. On page 110, after line 25, insert: | 0007| | 0008| "G. Only a racetrack licensed by the state racing | 0009| commission or a nonprofit organization may apply for or be issued | 0010| a gaming operator's license. No other persons are qualified to | 0011| apply for or be issued a gaming operator's license pursuant to the | 0012| Gaming Control Act.". | 0013| | 0014| 20. On page 111, line 2, after "ORGANIZATIONS" insert "AND | 0015| LIQUOR ESTABLISHMENTS". | 0016| | 0017| 21. On page 111, strike lines 4 through 17 and insert: | 0018| | 0019| "A. A nonprofit organization or a liquor establishment | 0020| may be issued a gaming operator's license to operate licensed | 0021| gaming machines on its premises. | 0022| | 0023| B. No more than twenty-five gaming machines may be | 0024| offered for play on the premises of a nonprofit organization | 0025| gaming operator licensee. No more than five gaming machines may | 0001| be offered for play on the premises of a liquor establishment. | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| C. No gaming machine on the premises of a nonprofit | 0008| organization gaming operator licensee or a liquor establishment | 0009| gaming operator licensee may award a prize that exceeds one | 0010| thousand dollars ($1,000). | 0011| | 0012| D. Gaming machines may be played on the premises of a | 0013| nonprofit organization gaming operator licensee from 12:00 noon | 0014| until 12:00 midnight every day. Gaming machines may be played on | 0015| the premises of a liquor establishment gaming operator licensee | 0016| only during the hours that liquor may be sold on the premises.". | 0017| | 0018| 22. On page 132, line 21, strike "fifteen" and insert | 0019| "twenty-five". | 0020| | 0021| 23. On page 133, between lines 4 and 5, insert: | 0022| | 0023| "E. In addition to the gaming tax, a gaming operator | 0024| licensee that is a racetrack shall pay twenty percent of the net | 0025| take to purses to be distributed in accordance with regulations | 0001| adopted by the state racing commission. A racetrack gaming | 0002| operator licensee shall spend no less than one-fourth of one | 0003| percent of the net take of its gaming machines to fund or support | 0004| programs for the treatment and assistance of compulsive | 0005| gamblers."., | 0006| | 0007| and thence referred to the FINANCE COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| Roman M. Maes, III, Chairman | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| Adopted_______________________ Not Adopted_______________________ | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| | 0013| | 0014| The roll call vote was 7 For 2 Against | 0015| Yes: 7 | 0016| No: Wilson, Maes | 0017| Excused: McKibben | 0018| Absent: None | 0019| | 0020| | 0021| | 0022| S0872CT1 .118623.1 FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION | 0024| | 0025| | 0001| March 13, 1997 | 0002| | 0003| | 0004| SENATE FLOOR AMENDMENT number 1 to SENATE BILL 872, as amended | 0005| | 0006| Amendment sponsored by Senator Manny M. Aragon | 0007| | 0008| | 0009| 1. Strike Senate Finance Committee Amendment 27. | 0010| | 0011| 2. On page 132, strike line 21 and insert the following: | 0012| | 0013| "tax is: | 0014| | 0015| (1) for a nonprofit organization gaming operator | 0016| licensee, a resort gaming operator licensee or a liquor | 0017| establishment gaming operator licensee, twenty-five percent; | 0018| | 0019| (2) for a racetrack gaming operator licensee that | 0020| is a class A licensee pursuant to the provisions of the Horse | 0021| Racing Act, fifteen percent; | 0022| | 0023| (3) for a racetrack gaming operator licensee that | 0024| is a class B licensee pursuant to the provisions of the Horse | 0025| Racing Act, ten percent for the first five years of operation and | 0001| fifteen percent beginning on January 1 of the sixth year following | 0002| the date on which the class B licensee is issued a license as a | 0003| racetrack gaming operator licensee pursuant to the Gaming Control | 0004| Act; and | 0005| | 0006| (4) for a racetrack gaming operator licensee that | 0007| is a class B licensee pursuant to the provisions of the Horse | 0008| Racing Act, but becomes classified as a class A licensee within | 0009| the first five years following licensure as a racetrack gaming | 0010| operator licensee, | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| ten percent for each year the racetrack is a class B licensee and | 0018| fifteen percent during any year that the track is classified as a | 0019| class A licensee.". | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| __________________________ | 0002| Manny M. Aragon | 0003| | 0004| | 0005| | 0006| Adopted ___________________ Not Adopted _______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| | 0010| Date _________________ | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION | 0013| | 0014| | 0015| March 14, 1997 | 0016| | 0017| | 0018| SENATE FLOOR AMENDMENT number 2 to SENATE BILL 872, as amended | 0019| | 0020| Amendment sponsored by Senator Ben D. Altamirano | 0021| | 0022| | 0023| 1. On page 58, lines 16 and 17, strike "director of the | 0024| alcohol and gaming division of the regulation and licensing | 0025| department" and insert in lieu thereof "gaming control board". | 0001| | 0002| 2. On page 79, line 23, after "Section", strike "17" and | 0003| insert in lieu thereof "19". | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| __________________________ | 0011| Ben D. Altamirano | 0012| | 0013| | 0014| | 0015| Adopted ___________________ Not Adopted _______________________ | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| | 0019| Date _________________ | 0020| FORTY-THIRD LEGISLATURE | 0021| FIRST SESSION | 0022| | 0023| | 0024| March 17, 1997 | 0025| | 0001| | 0002| SENATE FLOOR AMENDMENT number 3 to SENATE BILL 872, as amended | 0003| | 0004| Amendment sponsored by Senator Patrick H. Lyons | 0005| | 0006| | 0007| 1. On page 17, strike lines 9 through 14 in their entirety | 0008| and on line 15, strike "information," and insert in lieu thereof | 0009| the following: | 0010| | 0011| "3. Gaming enterprise and gaming operations information | 0012| shall be considered public information and subject to | 0013| the Inspection of Public Records Act. Trade secrets,". | 0014| | 0015| 2. On page 17, line 19, after "thereof", strike the | 0016| remainder of the line and insert in lieu thereof "shall be | 0017| considered confidential and shall not be disclosed to a third | 0018| party.". | 0019| | 0020| 3. On page 17, strike lines 20 and 21 in their entirety and | 0021| on line 22 strike "Tribe.". | 0022| | 0023| | 0024| | 0025| | 0001| __________________________ | 0002| Patrick H. Lyons | 0003| | 0004| | 0005| | 0006| Adopted ___________________ Not Adopted _______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| | 0010| Date _________________ | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION | 0013| | 0014| March 14, 1997 | 0015| | 0016| | 0017| SENATE FLOOR AMENDMENT number 4 to SENATE BILL 872, as amended | 0018| | 0019| Amendment sponsored by Senator William F. Davis | 0020| | 0021| | 0022| 1. Strike Senate Finance Committee Amendment 21. | 0023| | 0024| 2. On page 110, after line 25, insert the following: | 0025| | 0001| "G. Only liquor establishments, racetracks licensed by | 0002| the state racing commission, resorts in qualified counties or | 0003| nonprofit organizations may apply for or be issued a gaming | 0004| operator's license. No other persons are qualified to apply for | 0005| or be issued a gaming operator's license pursuant to the Gaming | 0006| Control Act. | 0007| | 0008| Section 37. [NEW MATERIAL] GAMING OPERATOR LICENSEES-- | 0009| SPECIAL CONDITIONS FOR RACETRACKS--NUMBER OF GAMING MACHINES--DAYS | 0010| AND HOURS OF OPERATIONS.-- | 0011| | 0012| A. A racetrack licensed by the state racing commission | 0013| pursuant to the Horse Racing Act to conduct live horse races or | 0014| simulcast races, including a racetrack that did not conduct live | 0015| horse races during the years 1994 through 1996, may be issued a | 0016| | 0017| gaming operator's license to operate gaming machines on its | 0018| premises. | 0019| | 0020| B. A racetrack's gaming operator's license shall | 0021| automatically become void if: | 0022| | 0023| (1) the racetrack no longer holds an active license | 0024| to | 0025| conduct pari-mutuel wagering; or | 0001| | 0002| (2) the racetrack fails to maintain a minimum of | 0003| four live race days a week during its licensed race meet unless | 0004| otherwise approved by the board. | 0005| | 0006| C. A gaming operator licensee that is a racetrack may | 0007| have not more than five hundred licensed gaming machines, but the | 0008| number of gaming machines to be located on the licensee's premises | 0009| shall be specified in the gaming operator's license. | 0010| | 0011| D. Gaming machines on a racetrack gaming operator | 0012| licensee's premises may be played only on days when the racetrack | 0013| conducts live horse races or simulcast races and during times | 0014| established by regulation of the board, but the regulations shall | 0015| provide for a minimum of twelve hours a day. | 0016| | 0017| E. Gaming machines may be operated on the premises of a | 0018| racetrack on the grounds of the New Mexico state fair provided | 0019| that: | 0020| | 0021| (1) the property on which the state fair is located | 0022| is not annexed by a city, the population of which is greater than | 0023| two hundred thousand persons as determined by the 1990 federal | 0024| decennial census; | 0025| | 0001| (2) no person on the state fair commission is an | 0002| official representative of a city, the population of which is | 0003| greater than two hundred thousand persons as determined by the | 0004| 1990 federal decennial census; and | 0005| | 0006| (3) the racetrack gaming operator licensee that | 0007| offers the gaming machines for play by the public shall pay a fee | 0008| of one million five hundred thousand dollars ($1,500,000) annually | 0009| to the New Mexico state fair commission from the net take of the | 0010| gaming machines on the gaming operator licensee's premises.". | 0011| | 0012| | 0013| | 0014| __________________________ | 0015| William F. Davis | 0016| | 0017| | 0018| | 0019| | 0020| Adopted ___________________ Not Adopted _______________________ | 0021| (Chief Clerk) (Chief Clerk) | 0022| | 0023| | 0024| Date _________________ | 0025| FORTY-THIRD LEGISLATURE | 0001| FIRST SESSION | 0002| | 0003| | 0004| March 14, 1997 | 0005| | 0006| | 0007| SENATE FLOOR AMENDMENT number 5 to SENATE BILL 872, as amended | 0008| | 0009| Amendment sponsored by Senator Sue F. Wilson | 0010| | 0011| | 0012| 1. Strike Senate Corporations and Transportation Committee | 0013| Amendment 7. | 0014| | 0015| 2. On page 12, between lines 11 and 12, insert: | 0016| | 0017| "6. prohibiting a Tribal Gaming Enterprise and the | 0018| Tribe from providing, allowing, selling, permitting the | 0019| consumption of or giving away alcoholic beverages at a Gaming | 0020| Facility or other tribal facility contiguous to a Gaming | 0021| Facility;". | 0022| | 0023| 3. Renumber the succeeding paragraphs accordingly. | 0024| | 0025| | 0001| | 0002| __________________________ | 0003| Sue F. Wilson | 0004| | 0005| | 0006| | 0007| Adopted ___________________ Not Adopted _______________________ | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| | 0011| Date _________________ | 0012| FORTY-THIRD LEGISLATURE | 0013| FIRST SESSION, 1997 | 0014| | 0015| | 0016| | 0017| October 24, 1997 | 0018| | 0019| | 0020| SENATE FLOOR AMENDMENT number 6 to SENATE BILL 872, as amended, | 0021| with emergency clause | 0022| | 0023| AMENDMENT sponsored by SENATOR RAWSON | 0024| | 0025| 1. On page 65, line 4, strike "cash received in payment for" | 0001| and insert thereof "uncollected". | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| Senator Leonard Lee Rawson | 0009| | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) | 0015| (Chief Clerk) | 0016| | 0017| | 0018| Date | 0019| | 0020| | 0021| S0872FS6 | 0022| FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION | 0024| | 0025| | 0001| March 13, 1997 | 0002| | 0003| | 0004| SENATE FLOOR AMENDMENT number 7 to SENATE BILL 872, as amended | 0005| | 0006| Amendment sponsored by Senator Roman M. Maes, III | 0007| | 0008| | 0009| 1. On page 54, line 10, strike "Five Percent (5%)" and | 0010| insert in lieu thereof "Ten Percent (10%)". | 0011| | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| __________________________ | 0018| Roman M. Maes, III | 0019| | 0020| | 0021| | 0022| Adopted ___________________ Not Adopted _______________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| | 0001| Date _________________ | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| October 24, 1997 | 0007| | 0008| | 0009| SENATE FLOOR AMENDMENT number 8 to SENATE BILL 872, as amended | 0010| with emergency clause | 0011| | 0012| AMENDMENT sponsored by SENATOR GORHAM | 0013| | 0014| 1. On page 16, line 23, strike the words "inspection and". | 0015| | 0016| 2. On page 17, line 2, strike the word "and". | 0017| | 0018| 3. On page 17, line 8, strike the period, and insert "; | 0019| and". | 0020| | 0021| 4. On page 17, between lines 8 and 9 insert: | 0022| | 0023| "(e) nothing in this paragraph shall be interpreted | 0024| to limit the authority of the state gaming | 0025| representative from making unannounced | 0001| audits of gaming enterprise financial and management | 0002| records." | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| Senator Ramsay L. Gorham | 0009| | 0010| | 0011| Adopted Not Adopted | 0012| | 0013| (Chief Clerk) | 0014| (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| | 0019| | 0020| S0872FS8 |