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****ACTION ALERT—VICTORY AGAINST HB 271 AND SB 230****

****ACTION ALERT—VICTORY AGAINST HB 271 AND SB 230****

We were victorious this legislative session. SB 230 CAPITAL IMPROVEMENTS GAMING TAX CREDIT had its first assignment to Senate Corporations and Transportation Committee (SCORC), and it never got heard. I’m told that it is not going to get heard in the last two days. I’m not sure how much impact our phone calls, emails, etc. had on that result, but I’m very happy for it.

HB 271 passed unnoticed through the first committee, but we got the chance to testify against it in House Taxation and Revenue Committee. It was immediately tabled, and stayed on the table until last Friday. It was sent to the House floor on Saturday and worked its way up the House Calendar very slowly until it was heard last night about 11:00 pm. There was lots of debate, with tribal casino advocates, social interest advocates, as well as business advocates ripping into it. Again, I have no idea how much influence our supporters influenced the outcome with phone calls, etc., but the bill went down in flames with a vote of 40 against and 28 for the bill. It was trashed so badly that I suspect they will not try it again in the next session.

The Albuquerque Journal posted the following op-ed on Monday, the same day the vote occurred on the House floor. Maybe that helped swing some votes.

Thanks for all your help in defeating these two obnoxious bills. It’s nice to win some.
Dr. Guy Clark, chairman
Stop Predatory Gambling New Mexico

https://abqjournal-nm.newsmemory.com/  p A11

Racinos’ tax credit bills a losing bet

HOUSE BILL 271, the Capital Improvements Gaming Tax Credit bill, and its twin SB 230, are the latest efforts by the racetracks to get state subsidies for their gambling.

Track bailouts to prop up the failing racetrack industry have a long history in New Mexico. For decades before 1996, the racetracks received financial support from the state to supplement their gambling income on a regular basis. In 1996-1997, when the casinos started raking in the money with slot machines, the tracks wanted in on the action. When the tracks started lobbying the Legislature for slot machines, they said slots would save the tracks and they would never again need subsidies from the state. They have since made efforts a few years ago to get more subsidies, but the Legislature wisely voted against their bills. They’re at it again.
What makes the racetracks so special that they should get tax subsidies that productive, useful businesses do not get? I’ve talked to business owners and managers who wish they could get tax reductions in the amount of their capital improvements.
Instead of benefiting New Mexico economically, several noted economists have reported that casinos are a net drag that cannibalizes local businesses. If that’s hard to believe, check the report by the New Mexico Taxation and Revenue Department in 1997, which showed the huge negative financial impact new casinos had on wholesome businesses like restaurants, clothing stores, car dealerships, movie theaters and others. The overall New Mexico economy took a dive then that the state has not fully recovered from.
New Mexico has more casinos per person than Arizona, Utah, Colorado and Texas, and we have the worst economy. I think there is a solid connection. Also, the beneficial economic multiplier effect that applies to most businesses has been shown to not be nearly as effective with gambling operations.
If that’s not enough, many studies show casinos in your community mean you will have significant increases in homelessness, bankruptcy, child abuse, spouse abuse, drug addiction, criminal activity, suicide and other social problems.
With all the negative impact on businesses and society that racinos cause, why reward them with a tax write-off that we don’t offer more productive businesses? The racetracks should learn to just stand on their own four feet.
The Legislature should vote to kill HB 271 and SB 230.
DR. GUY CLARK Chairman,
Stop Predatory Gambling New Mexico

Guy Clark****ACTION ALERT—VICTORY AGAINST HB 271 AND SB 230****
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****ACTION ALERT—HB 271 ON HOUSE CALENDAR FOR TODAY—PLEASE CALL REPRESENTATIVE****

****ACTION ALERT—HB 271 ON HOUSE CALENDAR FOR TODAY—PLEASE CALL REPRESENTATIVE****

Dear Friends,

HB 271, the racetrack bail-out subsidy bill, is on the House floor calendar today. They will be back in session at 1:30 pm. It is very possible that they could hear the bill today.

You can contact your member of the House by first clicking here. If it doesn’t open the website, right click on it and click on “open hyperlink.” That will take you to a page titled “Find Your Legislator by Address.” On that page, make sure the top box says “House of Representatives.” The second dialogue box below is titled “Address.” In the address box enter your street address, city and ZIP code and click on “Search.” That will bring up a page on your legislator with a picture of your representative and your district. Click on their name above their picture. That will take you to the representative’s website which has his/her Santa Fe Capitol phone number. Call that number to leave your message.

Encourage your representative to vote against this bill.  You can say that you don’t think racetracks should get tax reductions that ordinary businesses do not get, or anything you feel is appropriate.. Please call today.

Please forward this email to your own email lists where appropriate.

Cordially,
Dr. Guy Clark, chairman
Stop Predatory Gambling New Mexico

Guy Clark****ACTION ALERT—HB 271 ON HOUSE CALENDAR FOR TODAY—PLEASE CALL REPRESENTATIVE****
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NM GAMING CONTROL BOARD MEETING JANUARY 29 AT 11:00 AM

The New Mexico Gaming Control Board will hold its next meeting on January 29.  They meet at the Gaming Control building on the corner of Jefferson and Alameda. The open session will begin approximately at 11:00, although it may begin sooner, depending on the closed session adjournment time.   Most of the meeting will be about licensing of establishments and individuals, but there will be a discussion on a new open meeting resolution.  Their idea of open meetings leaves much to be desired, so it would be good to hear what they have to say.

Guy ClarkNM GAMING CONTROL BOARD MEETING JANUARY 29 AT 11:00 AM
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****ACTION ALERT****ISLETA CASINO TAKING SPORTS BETTING ON LOCAL GAMES

****ACTION ALERT**** ISLETA CASINO TAKING SPORTS BETTING ON LOCAL GAMES

Isleta Casino is the second tribal casino in New Mexico to accept sports betting on Lobo and Aggie games. In March, the Buffalo Thunder Casino in Pojoaque started accepting bets on conference tournament games that involved the state universities. Isleta will now accept bets on all UNM and New Mexico State games. So far the Santa Ana Casino hasn’t allowed betting on state games.

The Albuquerque Journal ran an article on this story stating, “This is the second year sports gaming in New Mexico has been legal.” In actual fact, the state legislature has not legalized sports betting in New Mexico, so sports betting off-reservation is illegal in New Mexico. Most articles say that since tribes operate Class III gambling under federal law, the same rules don’t apply to them. They need to read the law.

The Indian Gaming Regulatory Act (IGRA), the bible on tribal gambling, says that tribes are allowed to compact with the state on any form of gambling that is legal for any individual, group or entity in the state. Since sports gambling is not allowed to anyone off-reservation in the state, tribal casinos offering sports betting are violating the federal law contained in IGRA. Legislators have pointed this out in letters to the state Attorney General, but neither he nor the U.S. Attorney has taken any action on this violation of federal and state law. Once the tribes introduce any new form of gambling, the government tends to look the other way.

The natural progression in sports betting is exposed in many states, as well as countries around the world, where sports betting is taken Online. Studies in the U.K., where Online sports betting has been legal for some time, has shown an explosive increase in teen gambling addiction. The purveyors there target the teens with massive amounts of advertising.

An effort to shut this down could begin with the House of Representatives. It could cause action if enough House members called the Attorney General and urged him to contact the U.S. Attorney to get him to take legal action against the offending casinos.

You can contact your member of the House of Representatives by clicking here. That will take you to a page titled “House of Representatives Members.” The second dialogue box below is titled “Your Address.” Enter your street address, city and ZIP code and click on “go.” That will bring up a box with the picture of your representative and your district. Click on their name highlighted in the box. That will take you to the representative’s website which has/her Santa Fe office phone number.

Please call your Representative at that number to leave your message.

Dr. Guy Clark, chairman
Stop Predatory Gambling New Mexico

Guy Clark****ACTION ALERT****ISLETA CASINO TAKING SPORTS BETTING ON LOCAL GAMES
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NM GAMING CONTROL BOARD TO MEET ON AUGUST 13

NM GAMING CONTROL BOARD MEETING AUGUST 13

The New Mexico Gaming Control Board will meet in closed session on August 13, at 9:00 am with the public meeting to immediately follow. Besides the usual track business, they will be hearing Bingo issues.  It will probably be safe to show up at 10:00 am to catch the public meeting.

Guy ClarkNM GAMING CONTROL BOARD TO MEET ON AUGUST 13
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NM Gaming Control Board Meeting – Thursday, May 23

The New Mexico Gaming Control Board will be meeting on Thursday, May 23 for their executive session at 9:00 am.  The open session, to which the public is invited, will commence after the executive (closed) session, probably about 10:00 am.  They usually invite audience participation, so come with questions.

Guy ClarkNM Gaming Control Board Meeting – Thursday, May 23
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Revenue Stabilization And Tax Policy Committee Meeting October 30 On Sports Betting

****ACTION ALERT– REVENUE STABILIZATION AND TAX POLICY COMMITTEE MEETING OCTOBER 30 ON SPORTS BETTING****

The Revenue Stabilization and Tax Policy Committee will meet on October 30, 2018, and the last item on their agenda will be sports betting.  They will be meeting in the State Capitol in Santa Fe in room 322.  It appears that they are taking a favorable position on this issue.

We need to have representatives there to express our opposition to this form of gambling being introduced to our state.  Please attend and be prepared to express your opinion.

Guy ClarkRevenue Stabilization And Tax Policy Committee Meeting October 30 On Sports Betting
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Contact AG Balderas About Santa Ana Sports Betting Parlor

****ACTION ALERT–CONTACT AG BALDERAS ABOUT SANTA ANA SPORTS BETTING PARLOR****

Santa Ana Pueblo opened a sports betting operation in the Santa Ana Star Casino Tuesday, October 16, 2018.  This action by Santa Ana pueblo violates the Indian Gaming Regulatory Act passed by Congress in 1988.  IGRA Section 2710 (d)(1)reads, ” Class III gaming activities shall be lawful on Indian lands only if such activities are–(B) located in a State that permits such gaming for any purpose by any person, organization, or entity...”  It is clear in IGRA, the legal foundation for all tribal gambling, that for a tribe to adopt a gambling activity it must already be legal off-reservation in that state.  Sports betting is not legal in New Mexico, therefore Santa Ana’s sports betting operation would violate the Indian Gaming Regulatory Act.

The Mississippi Band of Indians have opened a sports betting operation after complying with state law.  Oklahoma is working on legislation to legalize sports betting on the reservation.  A handful of other states, including California and Connecticut, have tribes encouraging legislation legalizing tribal sports gambling, but none of the aforementioned tribes have attempted a fait accompli, springing it on their state without proper coordination with their state. These tribes have all recognized the IGRA requirement to follow state precedent, and follow  proper regulatory procedures.

If Santa Ana is successful in operating a sports betting parlor with no regulatory confirmation by the state, the other New Mexico tribes will certainly follow suit.  This would be the introduction of a whole new form of gambling in addition to the plethora of gambling already exploiting the citizens of the state, without proper regulatory approval.  This form of gambling is especially addictive with teens and young adults.  We already have way too much gambling addiction in the state.

States that have legalized commercial sports betting are usually moving into Online sports betting.  This is the beginning salvo in New Mexico that would certainly lead to Online sports betting in our state.  We must stop this at the ontset.

Hector Balderas, the New Mexico Attorney General has the power to sue Santa Ana Pueblo in federal district court and ask for a cease and desist order. The sports betting operation is clearly violating federal and state law.  Please contact AG Balderas and ask him to take Santa Ana Pueblo to the federal district court and get it shut down.  His phone number is Toll Free 1-844-255-9210.  You will most likely be talking to an assistant, but you can ask him/her to pass along the message to the AG to take Santa Ana Pueblo to court to get a stay.

****PLEASE CALL AS SOON AS POSSIBLE****

Guy ClarkContact AG Balderas About Santa Ana Sports Betting Parlor
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