45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO GAMING; EXPANDING THE AUTHORIZED GAMING ACTIVITIES AT RACETRACKS; AMENDING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-2E-26 NMSA 1978 (being Laws 1997, Chapter 190, Section 28) is amended to read:

"60-2E-26. GAMING OPERATOR LICENSEES--GENERAL PROVISIONS--BUSINESS PLAN--PLAYER AGE LIMIT--RESTRICTIONS.--

A. An applicant for licensure as a gaming operator shall submit with the application a plan for assisting in the prevention, education and treatment of compulsive gambling. The plan shall include regular educational training sessions for employees. Plan approval is a condition of issuance of the license.

B. An applicant for licensure as a gaming operator shall submit with the application a proposed business plan. The plan shall include at least:

(1) a floor plan of the area to be used for gaming [machine operations];

(2) an advertising and marketing plan;

(3) the proposed placement and number of gaming [machines] devices;

(4) a financial control plan;

(5) a security plan;

(6) a staffing plan for gaming [machine] operations; and

(7) details of any proposed progressive systems.

C. A gaming operator licensee shall be granted a license to operate a specific number of [machines] games at a gaming establishment identified in the license application. [and] He shall be granted a license for each gaming machine.

D. A gaming operator licensee who desires to change the number or type of [machines] games in operation at a gaming establishment shall apply to the board for an amendment to his license authorizing a change in the number or type of [machines] games.

E. Gaming [machines may] shall be available [for play] only by persons twenty-one years of age or older and only in an area restricted to persons twenty-one years of age or older.

F. A gaming operator licensee shall erect a permanent physical barrier to allow for multiple uses of the premises by persons of all ages. For purposes of this subsection, "permanent physical barrier" means a floor-to-ceiling wall separating the general areas from the restricted areas. The entrance to the area where gaming [machines are located] is permitted shall display a sign that the premises are restricted to persons twenty-one years of age or older. Persons under the age of twenty-one shall not enter the area where gaming [machines are located] is permitted.

G. A gaming operator licensee shall not have automated teller machines in the area restricted pursuant to Subsection F of this section.

H. A gaming operator licensee shall not provide, allow, contract or arrange to provide alcohol or food for no charge or at reduced prices as an incentive or enticement for patrons to game.

I. Only a racetrack licensed by the state racing commission [or a nonprofit organization] may apply for or be issued a gaming operator's license authorizing all gaming activities. Only a nonprofit organization may apply for or be issued a gaming operator's license permitting and restricted to the operation of gaming machines. No other persons are qualified to apply for or be issued a gaming operator's license pursuant to the Gaming Control Act."

Section 2. Section 60-2E-27 NMSA 1978 (being Laws 1997, Chapter 190, Section 29, as amended) is amended to read:

"60-2E-27. GAMING OPERATOR LICENSEES--SPECIAL CONDITIONS FOR RACETRACKS [NUMBER OF GAMING MACHINES]--DAYS AND HOURS OF OPERATIONS.--

A. A racetrack licensed by the state racing commission pursuant to the Horse Racing Act to conduct live horse races or simulcast races may be issued a gaming operator's license to [operate gaming machines] conduct gaming on its premises where live racing is conducted.

B. A racetrack's gaming operator's license shall automatically become void if:

(1) the racetrack no longer holds an active license to conduct pari-mutuel wagering; or

(2) the racetrack fails to maintain a minimum of three live race days a week with at least nine live races on each race day during its licensed race meet in the 1997 calendar year and in the 1998 and subsequent calendar years, four live race days a week with at least nine live races on each race day during its licensed race meet.

C. [A gaming operator licensee that is a racetrack may have up to three hundred licensed gaming machines, but] The number of gaming machines to be located on the racetrack gaming operator licensee's premises shall be specified in the gaming operator's license.

D. Gaming [machines] on a racetrack gaming operator licensee's premises may be [played] conducted only on days when the racetrack is either conducting live horse races or simulcasting horse race meets. A gaming operator licensee that is a racetrack shall be permitted to conduct [such games] gaming activities on only the aforementioned days [for a daily period not to exceed twelve hours at the discretion of such licensee].

E. Alcoholic beverages shall not be sold, served, delivered or consumed in the area restricted pursuant to Subsection F of Section 60-2E-26 NMSA 1978."

Section 3. Section 60-2E-61 NMSA 1978 (being Laws 1997, Chapter 190, Section 63) is amended to read:

"60-2E-61. LIEN ON WINNINGS FOR DEBT COLLECTED BY HUMAN SERVICES DEPARTMENT--PAYMENT TO DEPARTMENT--PROCEDURE.--

A. The human services department, acting as the state's child support enforcement agency pursuant to Title IV-D of the Social Security Act, shall periodically certify to the board the names and social security numbers of persons owing a debt to or collected by the human services department.

B. Prior to [the payment of a gaming machine] paying a person winnings in an amount in excess of six hundred dollars ($600), the board shall check the name of the winner against the list of names and social security numbers of persons owing a debt to or collected by the human services department.

C. If the winner is on the list of persons owing a debt to or collected by the agency, the board shall make a good-faith attempt to notify the human services department, and the department then has a lien against the winnings in the amount of the debt owed to or collected by the agency. The board has no liability to the human services department or the person on whose behalf the department is collecting the debt if the board fails to match a winner's name to a name on the list or is unable to notify the department of a match. The department shall provide the board with written notice of a support lien promptly within five working days after the board notifies the department of a match.

D. If the amount won is to be paid directly by the board, the amount of the debt owed to or collected by the human services department shall be held by the board for a period of thirty days from the board's confirmation of the amount of the debt to allow the department to institute any necessary garnishment or wage withholding proceedings. If a garnishment or withholding proceeding is not initiated within the thirty-day period, the board shall release the amount won to the winner.

E. The human services department, in its discretion, may release or partially release the support lien upon written notice to the board.

F. A support lien under this section is in addition to any other lien created by law."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.