0001| SENATE BILL 1132 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| LEONARD TSOSIE | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO GAMING; AUTHORIZING NEGOTIATION AND EXECUTION OF | 0012| TRIBAL-STATE GAMING COMPACTS; RATIFYING TRIBAL-STATE GAMING | 0013| COMPACTS; DECLARING AN EMERGENCY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "Gaming Compact Act". | 0018| Section 2. DEFINITIONS.--As used in the Gaming Compact | 0019| Act: | 0020| A. "compact" means a tribal-state gaming agreement, | 0021| the terms of which conform to IGRA and are negotiated by a | 0022| tribe and the state; "compact" includes any ancillary agreement | 0023| related to that compact; | 0024| B. "gaming" means "class III gaming" as defined in | 0025| IGRA; | 0001| C. "IGRA" means the federal Indian Gaming | 0002| Regulatory Act; and | 0003| D. "tribe" means an Indian nation, tribe or pueblo | 0004| located in whole or in part within the state. | 0005| Section 3. COMPACTS--AUTHORIZATION TO NEGOTIATE AND | 0006| EXECUTE.-- | 0007| A. To initiate the process of negotiating a | 0008| compact, a tribe shall give notice to the governor of New | 0009| Mexico of its desire to enter into a compact regarding class | 0010| III gaming pursuant to the provisions of IGRA. | 0011| B. The governor or his designee shall represent the | 0012| state in negotiating compacts or amendments to compacts | 0013| pursuant to provisions of IGRA upon receiving notice from a | 0014| tribe pursuant to Subsection A of this section. | 0015| C. The governor may execute on behalf of the state | 0016| compacts negotiated or amended pursuant to this section, | 0017| provided that: | 0018| (1) the compact authorizes a tribe to conduct | 0019| only those forms of gaming authorized in Section 4 of the | 0020| Gaming Compact Act; | 0021| (2) the compact does not obligate the state to | 0022| appropriate state funds; | 0023| (3) the governor provides a copy of the | 0024| compact by mail to each member of the legislature postmarked at | 0025| least fourteen calendar days before the compact is signed by | 0001| the governor; and | 0002| (4) the compact contains provisions requiring | 0003| that: | 0004| (a) the minimum age for placing bets in | 0005| any gaming establishment be twenty-one years of age; | 0006| (b) free liquor and food not be | 0007| dispensed in the casino as incentives to game; | 0008| (c) cashing a federal social security or | 0009| any government assistance check be prohibited and that the | 0010| prohibition be strictly enforced; | 0011| (d) automated teller machines in close | 0012| proximity to a casino be restricted from taking government | 0013| assistance debit or similar government assistance cards; | 0014| (e) the average payout for winnings be | 0015| equivalent to or greater than the average payout acceptable in | 0016| Nevada casinos; | 0017| (f) each casino has an on-line, on-site | 0018| computer monitoring system for slot machines; | 0019| (g) compulsive gambler identification | 0020| and prevention programs be implemented by the casino; | 0021| (h) reasonable notice be provided to | 0022| tribal regulatory agencies for access by state gaming oversight | 0023| officials to casinos and casino business areas; | 0024| (i) the term of a compact be fifteen | 0025| years with automatic renewals at five-year intervals, subject | 0001| to renegotiation or modification; | 0002| (j) casino gaming operations be closed | 0003| for four hours per day on Monday through Thursday, with the | 0004| exception of holidays that fall on those weekdays; and | 0005| (k) an ancillary revenue sharing | 0006| agreement be negotiated in conjunction with the compact that | 0007| provides revenue to the state, in exchange for a limitation on | 0008| expansion of non-Indian gaming. | 0009| D. If a compact fails to meet any one of the | 0010| criteria set forth in Subsection C of this section, it shall be | 0011| void unless ratified by both houses of the legislature by bill | 0012| and signed by the governor. | 0013| E. When requested by a tribe, the governor may | 0014| negotiate and execute on behalf of the state a compact with a | 0015| tribe if the compact is identical to a compact previously | 0016| approved by the governor pursuant to the provisions of this | 0017| section or to a compact that has been ratified pursuant to the | 0018| provisions of Section 5 of the Gaming Compact Act, except for | 0019| the name of the compacting tribe, the names of the persons | 0020| executing the compact on behalf of the tribe or on behalf of | 0021| the state and the date of the compact. | 0022| Section 4. CLASS III GAMING--CLARIFICATION--SCOPE.-- | 0023| A. The class III gaming activities listed in | 0024| Subsection B of this section are permitted within the state, | 0025| but only on Indian land: | 0001| (1) under governmental control of a tribe that | 0002| has a compact with the state of New Mexico that was entered | 0003| into or ratified pursuant to the Gaming Compact Act; and | 0004| (2) the title to which is held in trust by the | 0005| federal government or is subject to restriction by the federal | 0006| government against alienation. | 0007| B. Class III gaming activities that are permitted | 0008| pursuant to the conditions stated in Subsection A of this | 0009| section are limited to: | 0010| (1) electronic video gaming machines; | 0011| (2) electronic, electromechanical or | 0012| mechanical slot machines; and | 0013| (3) casino games, including: | 0014| (a) baccarat; | 0015| (b) beat the banker; | 0016| (c) black jack; | 0017| (d) chemin de fer; | 0018| (e) chuck-a-luck | 0019| (f) craps; | 0020| (g) dai shu; | 0021| (h) fan-tan; | 0022| (i) faro; | 0023| (j) keno; | 0024| (k) klondike; | 0025| (l) lotteries; | 0001| (m) monte; | 0002| (n) pai gow; | 0003| (o) panguini; | 0004| (p) pari-mutuel gaming and simulcasting; | 0005| (q) poker, in any form; | 0006| (r) progressive forms of games listed in | 0007| this paragraph; | 0008| (s) red dog; | 0009| (t) roulette; | 0010| (u) seven and a-half; | 0011| (v) sic bo; | 0012| (w) twenty-one; | 0013| (x) wheels of fortune; and | 0014| (y) any table, dice or card game, whether | 0015| banked, percentage or offered by the house on other terms. | 0016| Section 5. COMPACTS--RATIFICATION.--Compacts signed by | 0017| the governor of New Mexico and the pueblos of Taos, San Juan, | 0018| Santa Clara, Pojoaque, Tesuque, San Felipe, Santa Ana, Sandia, | 0019| Isleta, Acoma, Nambe and San Ildefonso and the Mescalero and | 0020| Jicarilla Apache tribes that were approved by the secretary of | 0021| the interior and published in the federal register are hereby | 0022| ratified by the legislature of New Mexico. | 0023| Section 6. EMERGENCY.--It is necessary for the public | 0024| peace, health and safety that this act take effect immediately. | 0025|  |