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