44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO GAMING; EXPANDING PERMITTED GAMING AT RACETRACKS.

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

Section 1. Section 60-2E-15 NMSA 1978 (being Laws 1997, Chapter 190, Section 17) is amended to read:

"60-2E-15. LICENSE, CERTIFICATION AND WORK PERMIT FEES.--

A. License and other fees shall be established by board regulation but shall not exceed the following amounts:

(1) manufacturer's license, twenty thousand dollars ($20,000) for the initial license and five thousand dollars ($5,000) for annual renewal;

(2) distributor's license, ten thousand dollars ($10,000) for the initial license and one thousand dollars ($1,000) for annual renewal;

(3) gaming operator's license for a racetrack, [fifty thousand dollars ($50,000)] one hundred thousand dollars ($100,000) for the initial license and [ten thousand dollars ($10,000)] twenty thousand dollars ($20,000) for annual renewal;

(4) gaming operator's license for a nonprofit organization, one thousand dollars ($1,000) for the initial license and two hundred dollars ($200) for annual renewal;

(5) for each separate gaming machine licensed to a person holding an operator's license, five hundred dollars ($500) for the initial license and one hundred dollars ($100) for annual renewal; and

(6) work permit, one hundred dollars ($100) annually.

B. The board shall establish the fee for certifications or other actions by regulation, but no fee established by the board shall exceed one thousand dollars ($1,000), except for fees established pursuant to Paragraph (18) of Subsection C of Section [10 of the Gaming Control Act] 60-2E-8 NMSA 1978.

C. All license, certification or work permit fees shall be paid to the board at the time and in the manner established by regulations of the board."

Section 2. Section 60-2E-27 NMSA 1978 (being Laws 1997, Chapter 190, Section 29) 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] games 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] an unlimited number of gaming machines, but the number of gaming machines to be located on the licensee's premises shall be specified in the gaming operator's license.

D. [Except as provided in Subsection F of this section, gaming machines on a racetrack gaming operator licensee's premises may be played 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] is permitted to conduct [such] games [on only the aforementioned days] for a daily period not to exceed [twelve] twenty consecutive hours [at the discretion of such licensee] of each day.

E. Alcoholic beverages shall not be sold, served, delivered or consumed in the area restricted pursuant to Subsection F of Section [28 of the Gaming Control Act] 60-2E-26 NMSA 1978.

F. A gaming operator licensee that is a racetrack located on state land within the boundaries of a municipality with a population of more than two hundred thousand persons according to the 1990 decennial census shall not operate [gaming machines] games later than 10:00 p.m. on any day of the year."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is the date that the gaming control board certifies to the governor that it has promulgated rules to regulate the additional gaming authorized for racetracks pursuant to this act's provisions.