State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                 February 6, 1997
  
  Mr. Speaker:
  
       Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
  been referred
  
                        HOUSE BILL 17
  
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  On page 1, line 13, after "ACT" insert "; PROVIDING FOR
  COMPENSATION".
  
       2.  On page 9, between lines 9 and 10, insert the following:
  
       "Section 2.  [NEW MATERIAL]  COMPENSATION FOR MANDATORY DRIVE-
  UP WINDOW CLOSURE--PROCESS.--
  
            A.  The governing body of a local option district shall
  prohibit sales or delivery of alcoholic beverages through a drive-up
  window of a licensee if the majority of the registered qualified
  electors in the local option district voting on the question "Shall
  a retailer or dispenser be allowed to sell or deliver alcoholic
  beverages at any time from a drive-up window?" voted against
  allowing sales or deliveries of alcoholic beverages from a drive-up
  window.
  
            B.  Any licensee claiming to be damaged due to the
  closure of his drive-up window shall petition the governing body of
  the local option district for a hearing to determine the loss if any
  he has suffered as a direct result of the closure of the drive-up
  window.
  
            C.  The local governing body shall appoint a hearing
  officer to make a record of the damages claimed by the licensee and
  comments from the general public in favor of or in opposition to the
  claims of the licensee.
  
            D.  The governing body shall make a determination based
  on the record regarding whether the evidence presented showed that
  the licensee was damaged by the drive-up window closure.
  
            E.  Upon a finding by the governing body that the
  licensee was damaged, and the damage was a direct result of the
  mandatory closure of the licensee's drive-up window, the local
  governing body and the licensee, or their representatives, shall
  determine an equitable level of compensation due to the licensee.
  
            F.  If no agreement can be reached through negotiation
  between the parties or if a determination made by the governing body
  regarding whether the licensee was damaged by closure of the drive-
  up window is challenged by the licensee, the parties shall submit to
  mediation to determine a level of compensation due to the licensee. 
  The mediator shall be agreed upon and the costs of the mediation
  shall be borne equally by both parties.
  
            G.  If mediation does not result in an agreement
  regarding compensation due to the licensee, either party may
  petition the district court in which the local option district is
  located to determine an equitable level of compensation due to the
  licensee.  The court shall base its determination in part on the
  record of the hearing held pursuant to the provisions of this
  section and on the record of the determination made by the governing
  body finding that compensation was or was not due to the licensee. 
  The court may hear additional testimony from the parties to
  determine a compensation level.
  
            H.  The governing body of the local option district shall
  be liable for payment of the full compensation to a licensee
  determined pursuant to the provisions of this section.".
  
       3.  Renumber the succeeding section accordingly.,
  
  and thence referred to the JUDICIARY COMMITTEE.
  
  The roll call vote on Amendment #2 was 11  For 1  Against
  Yes:      11
  No:       Chavez
  Excused:  Olguin
  Absent:   None
  
                                Respectfully submitted,
  
  
  
                                                                 
                                                              Fred Luna, Chairman
  
  Adopted                       Not Adopted                       
            (Chief Clerk)                       (Chief Clerk)
  
                         Date             
  
  The roll call vote was 12  For 0  Against
  Yes:      12
            Excused:  Olguin
            Absent:   None
  
  
                                                        .115897.2
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