SB 302 — GAMING CONTROL BOARD ACCESS BACKGROUND CHECKS

SENATEAN BILLACT 302RELATING 57THTO LEGISLATUREGAMING; -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Nicholas A.

Paul 6 8 10 AN ACT RELATING TO GAMING;

PROVIDING FOR BACKGROUND INVESTIGATIONS OF APPLICANTS FOR A LICENSE OR PERMIT ISSUED e t 17 PURSUANT TO THE NEW MEXICO BINGO AND RAFFLE ACT.

w l n d 18 = = 19 a l BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

i a e r 20 SECTION 1.

Section 60-2E-11 NMSA 1978 (being Laws 1997, a t m m 21 Chapter 190, Section 13, as amended) is amended to read:

d r e 22 "60-2E-11.

INVESTIGATION OF EXECUTIVE DIRECTOR CANDIDATES c e s k 23 AND EMPLOYEES.-- e a n b 24 A.

A person who is under consideration in the final u [ selection process for appointment as the executive director .229730.1 shall file a disclosure statement pursuant to the requirements of this section, and the board shall not make an appointment of a person as executive director until a background investigation is completed by the department of public safety and a report is made to the board.

A person who has reached the final selection process for employment by the executive director shall file a disclosure statement pursuant to the requirements of this section if the executive director or the board has directed SB 302 Page 1 the person do so.

The e t 17 contractor shall not be provided unescorted access to the w l n d 18 facility until the enforcement division of the board completes = = 19 a l a background investigation and a report is made to the i a e r 20 executive director.

Submission of a disclosure statement shall a t m m 21 constitute consent to a national criminal background check and d r e 22 any other background investigations required pursuant to the c e s k 23 Gaming Control Act or deemed necessary by the board.

e a n b 24 [C.] D.

Forms for the disclosure statements u [ required by this section shall be developed by the board in .229730.1 - 2 - cooperation with the department of public safety.

(2) complete information and details with respect to the person's antecedents, habits, immediate family, character, criminal record, business activities and SB 302 Page 2 business associates, covering at least a ten-year period immediately preceding the date of submitting the disclosure statement;

[D.] E.

In conducting a background investigation and preparing an investigative report, the board's law enforcement officers may request and receive criminal history information from the federal bureau of investigation or any e t 17 other law enforcement agency or organization.

The board's law w l n d 18 enforcement officers shall maintain confidentiality regarding = = 19 a l information received from a law enforcement agency that may be i a e r 20 imposed by the agency as a condition for providing the a t m m 21 information to the department, except that the board's law d r e 22 enforcement officers may provide criminal history information c e s k 23 and reports to licensees or tribal gaming casinos when e a n b 24 conducting background checks on behalf of the licensee or u [ tribal gaming casino.

.229730.1 - 3 - [E.] F.

[F.] G.

If information required to be included in a disclosure statement changes or if information is added after SB 302 Page 3 the statement is filed, the person required to file it shall provide that information in writing to the person requesting the investigation.

[G.] H.

e t 17 (2) been convicted of a felony, a gaming-gaming-related w l n d 18 related offense or a crime involving fraud, theft or moral = = 19 a l turpitude within ten years immediately preceding the date of i a e r 20 submitting a disclosure statement required pursuant to this a t m m 21 section;

d r e 22 (3) exhibited a history of willful disregard c e s k 23 for the gaming laws of this or any other state or the United e a n b 24 States;

or u [ (4) had a permit or license issued pursuant to .229730.1 - 4 - the gaming laws of this or any other state or the United States permanently suspended or revoked for cause.

[H.] I.

Section 60-2E-14 NMSA 1978 (being Laws 1997, SB 302 Page 4 Chapter 190, Section 16, as amended) is amended to read:

The board shall issue certifications of findings of suitability for key executives and other persons for whom e t 17 certification is required.

w l n d 18 C.

The board shall issue work permits for gaming = = 19 a l employees.

i a e r 20 D.

A licensee shall not be issued more than one a t m m 21 type of license, but this provision does not prohibit a d r e 22 licensee from owning, leasing, acquiring or having in the c e s k 23 licensee's possession licensed gaming machines if that activity e a n b 24 is otherwise allowed by the provisions of the Gaming Control u [ Act.

A licensee shall not own a majority interest in, manage .229730.1 - 5 - or otherwise control a holder of another type of license issued pursuant to the provisions of that act.

An applicant for a license, a certification of finding of suitability or a work permit shall apply on forms provided by the board and shall furnish to the board [two sets of fingerprint cards] a full set of fingerprints made by a law enforcement agency or the SB 302 Page 5 department of public safety's designee and all other information requested by the board.

The board may obtain from the taxation and revenue department copies of tax returns filed by or on behalf of the applicant or its affiliates and information concerning liens e t 17 imposed on the applicant or its affiliates by the taxation and w l n d 18 revenue department.

= = 19 a l F.

All licenses issued by the board pursuant to the i a e r 20 provisions of this section, except for certifications of a t m m 21 findings of suitability and work permits, shall be reviewed for d r e 22 renewal annually unless revoked, suspended, canceled or c e s k 23 terminated.

Certifications of findings of suitability and work e a n b 24 permits issued by the board pursuant to the provisions of this u [ section shall be reviewed for renewal every three years unless .229730.1 - 6 - revoked, suspended, canceled or terminated.

(3) the gaming devices to be operated, SB 302 Page 6 manufactured, distributed or serviced;

The supplemental forms shall require two sets of fingerprint cards and complete information and details e t 17 with respect to the applicant's antecedents, habits, immediate w l n d 18 family, character, state and federal criminal records, business = = 19 a l activities, financial affairs and business associates, covering i a e r 20 at least a ten-year period immediately preceding the date of a t m m 21 filing of the application.