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AN ACT

RELATING TO RAFFLES; ALLOWING THE NEW MEXICO STATE FAIR TO

CONDUCT RAFFLES FOR PROMOTION AND TO AUGMENT REVENUES;

DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-2B-3 NMSA 1978 (being Laws 1981,

Chapter 259, Section 3, as amended) is amended to read:

"60-2B-3. DEFINITIONS.--As used in the Bingo and Raffle

Act:

A. "charitable organization" means any

organization, not for pecuniary profit, that is operated for

the relief of poverty, distress or other condition of public

concern in New Mexico and that has been so engaged for three

years immediately prior to making application for a license

under the Bingo and Raffle Act and that has been granted an

exemption from federal income tax by the United States

commissioner of internal revenue as an organization described

in Section 501 (c) of the United States Internal Revenue Code

of 1954, as amended or renumbered;

B. "chartered branch, lodge or chapter of a

national or state organization" means any branch, lodge or

chapter that is a civic or service organization, not for

pecuniary profit, and authorized by its written constitution,

charter, articles of incorporation or bylaws to engage in a

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fraternal, civic or service purpose in New Mexico and that

has been so engaged for three years immediately prior to

making application for a license under the Bingo and Raffle

Act;

C. "commercial lessor" means an entity that leases

space to a qualified organization;

D. "distributor" means a person who supplies

equipment to a qualified organization but does not

manufacture equipment;

E. "educational organization" means any

organization within the state, not organized for pecuniary

profit, whose primary purpose is educational in nature and

designed to develop the capabilities of individuals by

instruction and that has been in existence in New Mexico for

three years immediately prior to making application for a

license under the Bingo and Raffle Act;

F. "fraternal organization" means any organization

within the state, except college and high school

fraternities, not for pecuniary profit, that is a branch,

lodge or chapter of a national or state organization and

exists for the common business, brotherhood or other

interests of its members and that has existed in New Mexico

for three years immediately prior to making application for a

license under the Bingo and Raffle Act;

G. "labor organization" means any organization,

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not for pecuniary profit, within the state, that exists for

the purpose, in whole or in part, of dealing with employers

concerning grievances, labor disputes, wages, rates of pay,

hours of employment or conditions of work and that has

existed in New Mexico for that purpose and has been so

engaged for three years immediately prior to making

application for a license under the Bingo and Raffle Act;

H. "qualified organization" means any bona fide

chartered branch, lodge or chapter of a national or state

organization or any bona fide religious, charitable,

environmental, fraternal, educational or veterans'

organization operating without profit to its members that has

been in existence in New Mexico continuously for a period of

three years immediately prior to the making of an application

for a license under the Bingo and Raffle Act and that has

had, during the entire three-year period, a dues-paying

membership engaged in carrying out the objects of the

corporation or organization. A voluntary firemen's

organization is a qualified organization and a labor

organization is a qualified organization for the purpose of

the Bingo and Raffle Act if it uses the proceeds from a game

of chance solely for scholarship or charitable purposes;

I. "environmental organization" means any

organization primarily concerned with the protection and

preservation of the natural environment and that has existed

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in New Mexico for three years immediately prior to making

application for a license under the Bingo and Raffle Act;

J. "religious organization" means any

organization, church, body of communicants or group, not for

pecuniary profit, gathered in common membership for mutual

support and edification in piety, worship and religious

observances or a society, not for pecuniary profit, of

individuals united for religious purposes at a definite

place, which organization, church, body of communicants,

group or society has been so gathered or united in New Mexico

for three years immediately prior to making application for a

license under the Bingo and Raffle Act;

K. "veterans' organization" means any organization

within the state or any branch, lodge or chapter of a

national or state organization within this state, not for

pecuniary profit, the membership of which consists of

individuals who were members of the armed services or forces

of the United States, that has been in existence in New

Mexico for three years immediately prior to making

application for a license under the Bingo and Raffle Act;

L. "voluntary firemen's organization" means any

organization for firefighting within the state, not for

pecuniary profit, established by the state or any of its

political subdivisions, that has been in existence in New

Mexico for three years immediately prior to making

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application for a license under the Bingo and Raffle Act;

M. "dues-paying membership" means those members of

an organization who pay regular monthly, annual or other

periodic dues or who are excused from paying such dues by the

charter, articles of incorporation or bylaws of the

organization and those who contribute voluntarily to the

corporation or organization to which they belong for the

support of the corporation or organization;

N. "equipment" means:

(1) with respect to bingo or lotto:

(a) the receptacle and numbered objects

drawn from it;

(b) the master board upon which the

numbered objects are placed as drawn;

or other designations to be covered and the objects used to

cover them;

(d) the board or signs, however

operated, used to announce or display the numbers or

designations as they are drawn;

(e) the public address system; and

(f) all other articles essential to the

operation, conduct and playing of bingo or lotto; and

(2) with respect to a raffle, implements,

devices and machines designed, intended or used for the

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conduct of raffles and the identification of the winning

number or unit and the ticket or other evidence or right to

participate in raffles;

O. "game of chance" means that specific kind of

game of chance commonly known as bingo or lotto in which

prizes are awarded on the basis of designated numbers or

symbols on a card conforming to numbers or symbols selected

at random and that specific kind of game of chance commonly

known as a raffle that is conducted by drawing for prizes or

the allotment of prizes by chance or by the selling of

shares, tickets or rights to participate in the game;

P. "gross receipts" means receipts from the sale

of shares, tickets or rights in any manner connected with

participation in a game of chance or the right to participate

in a game of chance, including any admission fee or charge,

the sale of equipment or supplies and all other miscellaneous

receipts;

Q. "lawful purposes" means:

(1) educational, charitable, patriotic,

religious or public-spirited purposes, which terms are

defined to be the benefiting of an indefinite number of

persons either by bringing their minds or hearts under the

influence of education or religion, by relieving their bodies

from disease, suffering or constraint, by assisting them in

establishing themselves in life, by erecting or maintaining

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public buildings or works, by providing legal assistance to

peace officers or firemen in defending civil or criminal

actions arising out of the performance of their duties or by

otherwise lessening the burden of government. These terms

include the erection, acquisition, improvement, maintenance,

insurance or repair of property, real, personal or mixed, if

the property is used for one or more of the purposes stated

in this subsection; or

(2) to augment the revenue of and promote

the New Mexico state fair;

R. "lawful use" means the devotion of the entire

net proceeds of a game of chance exclusively to lawful

purposes;

S. "licensee" means any qualified organization to

which a license has been issued by the licensing authority;

T. "licensing authority" means the gaming control

board;

U. "manufacturer" means a person who manufactures,

fabricates, assembles, produces, programs or makes

modifications to equipment for use or play in New Mexico or

for sale or distribution outside of New Mexico;

V. "member" means an individual who has qualified

for membership in a qualified organization pursuant to its

charter, articles of incorporation, bylaws, rules or other

written statement;

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W. "net proceeds" means the receipts less the

expenses, charges, fees and deductions as are specifically

authorized under the Bingo and Raffle Act;

X. "New Mexico state fair" means the fair created

in Section 16-6-14 NMSA 1978;

Y. "occasion" means a single gathering or session

at which a series of successive bingo or lotto games are

played;

Z. "person" means a natural person, firm,

association, corporation or other legal entity; and

AA. "premises" means any room, hall, enclosure or

outdoor area used for the purpose of playing a game of

chance."

Section 2. Section 60-2B-5 NMSA 1978 (being Laws 1981,

Chapter 259, Section 5) is amended to read:

"60-2B-5. ORGANIZATIONS ENTITLED TO LICENSES--FEES.--

A. Any bona fide chartered branch, lodge or

chapter of a national or state organization or any bona fide

religious, charitable, labor, environmental, fraternal,

educational or veterans' organization that operates without

profit to its members and that has been in existence in New

Mexico continuously for a period of three years immediately

prior to the making of application for a license under the

Bingo and Raffle Act and has had, during the making of

application for a license under that act and during the

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entire three-year period, dues-paying membership engaged in

carrying out the objects of the corporation or organization

is eligible for a license to be issued by the licensing

authority under the Bingo and Raffle Act. In the event any

license is revoked, the licensee and holder of the license is

not eligible to apply for another license under Subsection B

of this section until after the expiration of the period of

one year from the date of revocation. Any voluntary

firemen's organization established by the state or any

political subdivision and that has been in existence in New

Mexico for three years shall also be an organization entitled

to a license under the provisions of that act.

B. The licenses provided by the Bingo and Raffle

Act shall be issued by the licensing authority to applicants

qualified under that act upon payment of a fee of one hundred

dollars ($100). The licenses shall expire at the end of the

calendar year in which they are issued by the licensing

authority and may be renewed by the licensing authority upon

the filing of an application for renewal provided by the

licensing authority and the payment of a fee of one hundred

dollars ($100) for the renewal. A license or renewal granted

under that act is not transferable.

C. The New Mexico state fair:

(1) may apply to the licensing authority for

and shall be issued a license pursuant to the Bingo and

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Raffle Act to conduct games of chance on the grounds of the

New Mexico state fair during the state fair; and

(2) shall pay a licensing fee to the

licensing authority of one hundred dollars ($100) per

calendar year at the time of application for or renewal of a

license issued pursuant to the Bingo and Raffle Act.

D. A qualified organization may conduct a raffle

on the grounds of the New Mexico state fair during the state

fair only after obtaining express prior approval of the state

fair commission and the licensing authority."

Section 3. Section 60-2B-13 NMSA 1978 (being Laws 1981,

Chapter 259, Section 13, as amended) is amended to read:

"60-2B-13. EXEMPTIONS.--Nothing in the Bingo and Raffle

Act shall be construed to apply to:

A. a drawing or a prize at a fair or fiesta held

in New Mexico under the sponsorship or authority of the state

or any of its political subdivisions, or for the benefit of a

church situated in this state or for charitable purposes when

all the proceeds of the sale or drawing shall be expended

within New Mexico for the benefit of that church or

charitable purpose; or

B. bingo or a raffle held by a group or

organization as defined in Section 60-2B-3 NMSA 1978 that

holds bingo or a raffle only once during three consecutive

calendar months and not exceeding four occasions in one

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calendar year."

Section 4. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.