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Commissioner dutton mentioned that he was monitoring the situation in anthony, where both the jemez pueblo and an oklahoma tribe are interested in acquiring land for an offreservation casino. senator ryan asked if new mexico could adopt the model being used in arizona, which could be more equitable and avoid the venue shopping issue like that occurring in dona ana county. board representatives responded that arizona had a model compact that gave the state the ability to actually enter the tribal casinos. arizona tribes are able to purchase slot machines and then lease them to a gaming tribe, thereby raising revenue from the machines without operating a casino. california was mentioned, where there is a single casino and all california tribes share in the revenue. the board representatives noted that there would be a big fight if new mexico attempted to renegotiate the state-tribal compacts. in response to senator ryan's inquiry, the board representatives concurred it would be a "non-starter". mr. dutton noted that the western governors association has expressed a view that indian gaming was not intended to be a revenue panacea for every tribe, but to allow tribes with favorable locations to try gaming. this issue is a big debate nationally. senator ryan asked if any tribal casinos were failing to make money. the board representatives responded that, while two new mexico tribes were having some problems with the profitability of their casinos, all the casinos were making money. mr. dutton expressed the view that indian gaming should be a conduit for additional economic development for the tribes. representative hector h. balderas asked why non-tribal gaming revenues were rising. the board representatives responded that 90 percent of the patrons at the new hobbs racino were from texas. local fraternal and nonprofit gaming had decreased due to the new racino. representative balderas also asked if the board has funds for policy research. the board representatives responded that it does not. the board interim director, india hatch, brought to the committee's attention an american gaming association survey that showed that the largest increase in gaming activity was during 2003-2004 and noted that gaming is becoming a more acceptable activity by the public. representative balderas conveyed that his constituents have high expectations for establishing a racetrack in raton. he was told that new mexico horse breeders are paying for an unbiased study by nmsu on the future of the horse racing industry in the state. representative heaton asked about whether country clubs are included in the definition of fraternal, veterans' and nonprofit organizations for the purpose of gaming. carla lopez, chair of the board, responded that the internal revenue service irs ; classifications were used to define those groups and that it would not be simple for a country club to change its irs classification. representative garcia asked about the future of santa fe downs and was told that pojoaque pueblo is considering re-opening the track. senator rainaldi asked about the cost of fingerprinting license applicants. non-tribal applicants pay the fee, but tribes pay 0, 000 annually for regulatory oversight. the board can only comment if it has questions about a tribal applicant; the national indian gaming commission has the sole authority to reject applicants. criminal records are checked back to the age of 18. representative balderas asked about the legality of video gaming machines. the board representatives explained that these class 2 machines are not legal and are hard to distinguish -6.
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Regulatory and legislative issues in colorado in 2007 by mark g. grueskin * earlier this year, the colorado limited gaming control commission "commission" ; wrestled with the somewhat esoteric question, "what is a slot machine?" its answer emphasized a practical approach to gaming regulation. by way of background, in 2006, a gaming licensee sought approval of a device that combined ticket redemption kiosks with automated teller machines. while housed together, the two devices operate totally independently. colorado gaming rules have long defined kiosks as components of a slot machine and prohibited any combination of an atm with any portion of a slot machine. this rule is based on a colorado policy that disfavors a combination of actual gaming activity with a patron having the immediate capacity to draw upon bank or credit accounts. as a result the colorado division of gaming did not approve the device in question. this disapproval prompted the gaming licensee to petition the commission to adopt rules on several grounds. the gaming licensee questioned the commission's treatment of a nongaming device as a slot machine component. as a practical matter, kiosks do not function as part of a slot machine since a patron cannot place a bet, play a game, or win a prize on them. a kiosk is nothing more than a mechanized cashier. further, colorado does not prohibit the placement of an atm immediately adjacent to a gaming device. as a result, an atm can be and often is placed at the end of a bank of slot machines for customer convenience. the same is true for ticket kiosks, which are intermingled with gaming devices throughout the floor to allow gaming patrons the ability to conveniently redeem accumulated credits for cash. it was anomalous that atm and ticket redemption devices could be placed side-by-side in a casino, but they could not be housed, side-by-side, within the same cabinet. the commission considered and adopted a proposed rule that allowed the joint atm kiosk devices. these combined devices may be put in use as long as the devices are not physically attached to a slot machine or any other gaming equipment.1 the two functions of the device must be entirely separate, and each part of the device must be able to independently generate all required reports.2 the commission retains the ability to license and audit these joint devices. by adopting this rule, the commission demonstrated a real-world attitude toward the industry's ongoing technological developments. while the commission considered regulatory ambiguities, the colorado general assembly revisited a not-so-esoteric political hot button: the casino exemption from the state's smoking ban. in the 2006 legislative session, the general assembly approved a smoking ban but exempted certain types of facilities, including buildings licensed for limited gaming and offshore online casino. |