2023 New Mexico Statutes › Chapter 60 - Business Licenses › Article 2E - Gaming Control › Section 60-2E-20 - Individual certification of finding of suitability of officers, directors and other persons.

A. An officer, director, equity security holder of five percent or more, partner, general partner, limited partner, trustee or beneficiary of the company that holds or has applied for a license shall individually apply for and obtain a certification of finding of suitability, according to the provisions of the Gaming Control Act, and if, in the judgment of the board the public interest is served by requiring any or all of the company's key executives to apply for and obtain a certification of finding of suitability, the company shall require those persons to apply for certification. A person who is required to be certified pursuant to this subsection shall apply for certification within thirty days after becoming an officer, director, equity security holder of five percent or more, partner, general partner, limited partner of five percent or more, trustee, beneficiary or key executive. A person who is required to be certified pursuant to a decision of the board shall apply for certification within thirty days after the board so requests. A person required or requested to be certified pursuant to this subsection shall provide to the board an application for certification, including a personal history, a financial statement, copies of the person's income tax returns for the three years immediately prior to the year of the application and other information that the board deems necessary or appropriate.
B. The key executives of a nonprofit organization that holds or has applied for a license shall individually apply for and obtain a certification of finding of suitability. For purposes of this subsection, key executives are those officers, employees, volunteers and other persons who are designated by the nonprofit organization as key executives. The board may require additional officers, employees, volunteers and other persons to apply for and obtain a certification of finding of suitability if the board determines the public interest is served by the additional certifications. A person who is required to be certified pursuant to this subsection shall apply for certification within thirty days after becoming an officer or key executive. A person who is required to be certified pursuant to a decision of the board shall apply for certification within thirty days after the board so requests. A person required or requested to be certified pursuant to this subsection shall provide to the board an application for certification, including a personal history, a financial statement, copies of the person's income tax returns for the three years immediately prior to the year of the application and other information that the board deems necessary or appropriate.
History:
Laws 1997, ch. 190, § 22; 1999, ch. 251, § 3; 2002, ch. 101, § 1; 2009, ch. 199, § 7.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, in the first sentence, after "applied for a license shall", deleted "be certified"; after "be certified individually", added "apply for and obtain a certification of finding of suitability"; after "company's key executives to", deleted "be certified" and added "apply for and obtain a certification of finding of suitability"; and added the fourth sentence; and in Subsection B, in the first sentence, after "applied for a license shall", deleted "be certified"; in the second sentence, after "volunteers and other persons to", deleted "become certified" and added "apply for and obtain a certification of finding of suitability"; and in the fifth sentence, at the beginning of the sentence, deleted "An officer, employee, volunteer or other" and after "requested to be certified", deleted "pursuant to this subsection".
The 2002 amendment,
effective March 5, 2002, deleted "president or commander and" preceding "key executives" in the first sentence of Subsection B.
The 1999 amendment,
effective June 18, 1999, substituted "subsection" for "section" in the second sentence in Subsection A and added Subsection B.