0001| SENATE BILL 684 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| MANNY M. ARAGON | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO GAMING; ESTABLISHING PROCEDURES FOR NEGOTIATION, | 0013| APPROVAL AND EXECUTION OF GAMING COMPACTS BETWEEN THE STATE AND | 0014| INDIAN TRIBES; DECLARING AN EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Gaming Compact Act". | 0019| Section 2. DEFINITIONS.--As used in the Gaming Compact | 0020| Act: | 0021| A. "committee" means the joint legislative committee | 0022| on compacts created pursuant to Section 4 of the Gaming Compact | 0023| Act; | 0024| B. "compact" means a tribal-state gaming compact | 0025| entered into between a tribe and the state pursuant to IGRA and | 0001| includes an ancillary agreement or proposed ancillary agreement | 0002| related to that compact; | 0003| C. "gaming" means "class III gaming" as defined in | 0004| IGRA; | 0005| D. "IGRA" means the federal Indian Gaming Regulatory | 0006| Act (25 U.S.C.A. Sections 2701 et seq.); and | 0007| E. "tribe" means an Indian nation, tribe or pueblo | 0008| located in whole or in part within the state. | 0009| Section 3. COMPACTS--NEGOTIATION--SUBMISSION TO | 0010| LEGISLATURE BY GOVERNOR--APPROVAL OR REJECTION--ATTORNEY GENERAL | 0011| AS LEGAL COUNSEL--COMPACT PROVISIONS--REPORT OF GOVERNOR TO | 0012| LEGISLATURE.-- | 0013| A. A request by a tribe to negotiate a compact shall | 0014| be made by the governing authority of the tribe and shall be | 0015| submitted to the governor in writing. | 0016| B. The governor may designate a representative to | 0017| negotiate the terms of a compact. The designation shall be | 0018| written, and a copy of the designation shall be delivered or | 0019| mailed within three days of the designation to the attorney | 0020| general, the speaker of the house of representatives and the | 0021| president pro tempore of the senate. The designated | 0022| representative of the governor is authorized to negotiate the | 0023| terms of a compact on behalf of the state, but neither the | 0024| representative nor the governor is authorized to execute a | 0025| compact on behalf of the state without legislative approval | 0001| granted pursuant to the provisions of this section. | 0002| C. If a proposed compact is agreed upon through | 0003| negotiations, it shall be prepared and submitted by the governor | 0004| to the committee within five days of the conclusion of | 0005| negotiations. The governor shall include in his submittal | 0006| document his recommendation for approval of the proposed compact | 0007| and any comments about or analysis of its provisions. Submittal | 0008| of a proposed compact occurs when the compact and the submittal | 0009| document are received for the committee by the legislative | 0010| council service. | 0011| D. The committee shall review the proposed compact | 0012| and within thirty days after its receipt shall: | 0013| (1) by written report to the legislature | 0014| recommend approval of the compact as proposed; or | 0015| (2) by written transmittal document propose | 0016| specific modifications to the compact and request the governor | 0017| to resume negotiations with the tribe. | 0018| E. If the committee proposes specific modifications | 0019| to the proposed compact, the governor or his designated | 0020| representative shall resume negotiations with the tribe within | 0021| thirty days of receipt of the transmittal document unless within | 0022| that time period either the governor or the tribe refuses to | 0023| negotiate further, in which case the governor shall notify the | 0024| committee immediately. If negotiations are resumed, the | 0025| governor shall submit to the committee the modified proposed | 0001| compact agreed to by the governor and the tribe, together with | 0002| any additional analysis or recommendations. The approval | 0003| process described in this section for the originally submitted | 0004| proposed compact shall be followed for consideration of a | 0005| proposed modified compact, except that the time limitation for | 0006| review by the committee specified in Subsection D of this | 0007| section is reduced to ten days. | 0008| F. Within five days of being notified that further | 0009| negotiations are refused, the committee shall reconsider the | 0010| proposed compact together with any changes agreed upon by the | 0011| negotiating parties and submit its written recommendation to the | 0012| legislature. | 0013| G. If the legislature is in session when the | 0014| committee submits its recommendation, the committee shall | 0015| prepare and introduce in each house a resolution approving the | 0016| compact within five days of the date the written recommendation | 0017| is submitted. A single resolution in each house may cover more | 0018| than one compact if the terms of the compacts are identical | 0019| except for the name of the tribe and the name of the person | 0020| executing the compact on behalf of the tribe. A copy of the | 0021| written recommendation shall be submitted with the resolution. | 0022| If a majority of the qualified members of each house votes to | 0023| adopt the resolution, the compact is approved by the | 0024| legislature, and the governor shall execute it on behalf of the | 0025| state. | 0001| H. If the legislature is not in session when the | 0002| recommendation of the committee is submitted, the committee | 0003| shall proceed pursuant to the provisions of Subsection G of this | 0004| section by no later than the third day after the legislature | 0005| convenes in a regular session or in a special session called for | 0006| the purpose of considering a compact. | 0007| I. The legislature may not amend or modify a | 0008| resolution submitted to it pursuant to the provisions of this | 0009| section, and it may not refer the resolution to a committee. | 0010| J. The attorney general shall be legal counsel for | 0011| the governor or the governor's representative in compact | 0012| negotiations. | 0013| K. A compact negotiated pursuant to the provisions | 0014| of this section shall contain a provision recognizing the right | 0015| of each party to the compact to request that the compact be | 0016| amended or renegotiated, including the right of the legislature | 0017| by concurrent resolution to request that the compact be amended | 0018| or renegotiated. This provision shall state that each party has | 0019| an obligation to negotiate in good faith if a request is made. | 0020| Proposed amendments to or renegotiation of a compact shall | 0021| follow the same procedures as specified in this section for | 0022| initial negotiation of a compact. Any amendment to a compact or | 0023| renegotiated compact agreed to shall be submitted for | 0024| legislative approval in the same manner as specified in | 0025| Subsection G of this section. | 0001| L. If a request for negotiation of a compact is made | 0002| and the proposed compact is identical to a compact previously | 0003| approved by the legislature except for the name of the | 0004| compacting tribe and the names of the persons to execute the | 0005| compact on behalf of the tribe and on behalf of the state, the | 0006| governor shall approve and sign the compact on behalf of the | 0007| state without submitting the compact for approval pursuant to | 0008| the provisions of this section. A compact signed by the | 0009| governor pursuant to this subsection is deemed approved by the | 0010| legislature. | 0011| Section 4. JOINT LEGISLATIVE COMMITTEE ON COMPACTS--CREATION--MEMBERSHIP--AUTHORITY.-- | 0012| A. The "joint legislative committee on compacts" is | 0013| created. Once established it shall continue operating until | 0014| specific action is taken by the legislature to terminate its | 0015| existence. | 0016| B. The committee shall have eight members, four from | 0017| the house of representatives and four from the senate. House | 0018| members shall be appointed by the speaker of the house of | 0019| representatives, and senate members shall be appointed by the | 0020| committees' committee of the senate or, if the senate | 0021| appointments are made in the interim, by the president pro | 0022| tempore of the senate after consultation with and agreement of a | 0023| majority of the members of the committees' committee. Members | 0024| shall be appointed from each house to give the two major | 0025| political parties in each house equal representation on the | 0001| committee. | 0002| C. In addition to its duty to review proposed | 0003| compacts, the committee may establish and transmit to the | 0004| governor proposed guidelines reflecting the public policies and | 0005| state interests, as embodied in the constitution of New Mexico, | 0006| state laws and case law of the state, that are consistent with | 0007| IGRA and that will be used by the committee in reviewing | 0008| proposed compacts. | 0009| D. The president pro tempore of the senate shall | 0010| designate a senate member of the committee to be chairman of the | 0011| committee in odd-numbered years and the vice chairman in even-numbered years. The speaker of the house of representatives | 0012| shall designate a house member of the committee to be chairman | 0013| of the committee in even-numbered years and the vice chairman in | 0014| odd-numbered years. | 0015| E. The committee shall meet at the call of the | 0016| chairman. | 0017| F. The committee may meet during legislative | 0018| sessions as needed. | 0019| G. Staff services for the committee shall be | 0020| provided by the legislative council service. | 0021| Section 5. ACCESS TO DOCUMENTS--LIMITATION.--Reports, | 0022| records, data compilations, documents or other information | 0023| received by a state agency or office from a tribe or any of its | 0024| agencies, offices or enterprises pursuant to an approved compact | 0025| are public records of the state and may be inspected or copied | 0001| by the public, except that the following documents are | 0002| confidential and shall not be made available to the public | 0003| without the express consent of the tribe or except as is | 0004| otherwise provided in an approved compact: | 0005| A. reports containing results of background | 0006| investigations of individuals employed at tribal gaming | 0007| enterprises, vendors, contractors and management officials and | 0008| any other documents pertaining to those investigations; | 0009| B. documents showing income and expenses of tribal | 0010| gaming facilities; | 0011| C. documents pertaining to complaints or allegations | 0012| of violations of applicable laws or compact provisions and | 0013| investigations into those complaints or allegations; | 0014| D. documents pertaining to licensing of or | 0015| investigation into gaming devices and documents containing | 0016| proprietary information concerning the devices, including | 0017| information concerning payouts of individual gaming devices; and | 0018| E. documents pertaining to security and surveillance | 0019| systems, operations and procedures at gaming facilities. | 0020| Section 6. EMERGENCY.--It is necessary for the public | 0021| peace, health and safety that this act take effect immediately. | 0022| - 8 - | 0023| | 0024| FORTY-SECOND LEGISLATURE | 0025| SECOND SESSION, 1996 | 0001| | 0002| | 0003| JANUARY 31, 1996 | 0004| | 0005| Mr. President: | 0006| | 0007| Your COMMITTEES' COMMITTEE, to whom has been referred | 0008| | 0009| SENATE BILL 684 | 0010| | 0011| has had it under consideration and finds same to be GERMANE, PURSUANT | 0012| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SELECT | 0013| GAMING COMMITTEE. | 0014| | 0015| Respectfully submitted, | 0016| | 0017| | 0018| | 0019| | 0020| __________________________________ | 0021| SENATOR MANNY M. ARAGON, Chairman | 0022| | 0023| | 0024| | 0025| Adopted_______________________ Not Adopted_______________________ | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| | 0004| Date ________________________ | 0005| | 0006| | 0007| | 0008| S0684CC1 FORTY-SECOND LEGISLATURE | 0009| SECOND SESSION | 0010| | 0011| | 0012| February 12, 1996 | 0013| | 0014| | 0015| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 684 | 0016| | 0017| Amendment sponsored by Senator Manny M. Aragon | 0018| | 0019| | 0020| 1. On page 2, line 20, between "The" and "designated", insert | 0021| "governor or the governor's". | 0022| | 0023| 2. On page 2, line 21, strike "of the governor". | 0024| | 0025| 3. On page 3, line 11, strike "thirty" and insert in lieu thereof | 0001| "forty-five". | 0002| | 0003| 4. On page 4, line 7, strike "five" and insert in lieu thereof | 0004| "ten". | 0005| | 0006| 5. On page 4, line 13, before "shall" insert ", within five days | 0007| of the date the written recommendation is submitted,". | 0008| | 0009| 6. On page 4, line 15, after "compact" insert a period, strike the | 0010| remainder of line 15 and on line 16, strike "is submitted.". | 0011| | 0012| 7. On page 5, line 16, strike "concurrent". | 0013| | 0014| 8. On page 6, strike all of line 13 following the period and | 0015| strike all of lines 14 and 15. | 0016| | 0017| | 0018| ____________________________ | 0019| Manny M. Aragon | 0020| | 0021| | 0022| Adopted ___________________ Not Adopted _____________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date _________________ | 0001| FORTY-SECOND LEGISLATURE | 0002| SECOND SESSION | 0003| | 0004| | 0005| February 12, 1996 | 0006| | 0007| | 0008| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 684 | 0009| | 0010| Amendment sponsored by Senator Roman M. Maes III | 0011| | 0012| | 0013| 1. On page 1, line 13, after the semicolon insert "LIMITING | 0014| SOLICITATION OR ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS FROM GAMING | 0015| INTERESTS;". | 0016| | 0017| 2. On page 8, between lines 20 and 21, insert the following | 0018| section: | 0019| | 0020| "Section 6. A new section of the Campaign Reporting Act is enacted | 0021| to read: | 0022| | 0023| "[NEW MATERIAL] SOLICITING OR ACCEPTING CAMPAIGN CONTRIBUTIONS | 0024| FROM GAMING INTERESTS LIMITED.--No candidate shall solicit or accept a | 0025| campaign contribution in excess of two hundred fifty dollars ($250) | 0001| from: | 0002| | 0003| A. an Indian nation, tribe or pueblo that engages in gaming | 0004| or an officer, employee, member of a governing body or representative of | 0005| that Indian entity; | 0006| | 0007| B. a person who is a contractor that operates gaming | 0008| activities on behalf of an Indian nation, tribe or pueblo or an officer, | 0009| employee or representative of that person; or | 0010| | 0011| C. a person who is a manufacturer or distributor of gaming | 0012| devices for use by or on behalf of an Indian nation, tribe or pueblo | 0013| that engages in gaming in New Mexico."". | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| 3. Renumber the succeeding section. | 0021| | 0022| _________________________ | 0023| Roman M. Maes III | 0024| | 0025| Adopted ___________________ Not Adopted _____________________ | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| Date _________________ FORTY-SECOND LEGISLATURE | 0004| SECOND SESSION, 1996 | 0005| | 0006| | 0007| | 0008| December 17, 1997 | 0009| | 0010| | 0011| SENATE FLOOR AMENDMENT number to SENATE BILL 684, | 0012| with emergency clause | 0013| | 0014| AMENDMENT sponsored by SENATOR DUNCAN SCOTT | 0015| | 0016| 1. On page 5, delete Subsection J in its entirety and reletter | 0017| accordingly. | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| Senator Duncan Scott | 0024| | 0025| | 0001| | 0002| Adopted Not Adopted | 0003| | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| | 0007| Date | 0008| S0684FS3 FORTY-SECOND LEGISLATURE | 0009| SECOND SESSION, 1996 | 0010| | 0011| | 0012| | 0013| December 17, 1997 | 0014| | 0015| | 0016| SENATE FLOOR AMENDMENT number to SENATE BILL 684, | 0017| with emergency clause | 0018| | 0019| AMENDMENT sponsored by SENATOR JANICE D. PASTER | 0020| | 0021| 1. On page 4, line 10, after "recommendation", insert "for | 0022| approval, if any,". | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| Senator Janice D. Paster | 0004| | 0005| | 0006| | 0007| Adopted Not Adopted | 0008| | 0009| (Chief Clerk) (Chief Clerk) | 0010| | 0011| | 0012| Date | 0013| S0684FS4 FORTY-SECOND LEGISLATURE | 0014| SECOND SESSION, 1996 | 0015| | 0016| | 0017| | 0018| December 17, 1997 | 0019| | 0020| | 0021| SENATE FLOOR AMENDMENT number to SENATE BILL 684, | 0022| with emergency clause | 0023| | 0024| AMENDMENT sponsored by SENATOR JANICE D. PASTER | 0025| | 0001| 1. Delete Section 5 of the bill in its entirety. | 0002| | 0003| 2. Renumber succeeding sections accordingly. | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Senator Janice D. Paster | 0010| | 0011| | 0012| | 0013| Adopted Not Adopted | 0014| | 0015| (Chief Clerk) (Chief Clerk) | 0016| | 0017| | 0018| Date | 0019| S0684FS5 |