0001| SENATE BILL 418
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| LEONARD TSOSIE
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO GAMBLING; ENACTING THE GAMING COMPACT ACT, THE VIDEO
|
0013| GAMBLING ACT AND THE CHARITY GAMES ACT; ESTABLISHING PROCEDURES
|
0014| FOR THE RATIFICATION, NEGOTIATION, APPROVAL AND EXECUTION OF
|
0015| GAMING COMPACTS BETWEEN THE STATE AND INDIAN TRIBES; AUTHORIZING
|
0016| AND REGULATING CERTAIN GAMBLING ACTIVITIES; CHANGING CERTAIN
|
0017| EXISTING LAW PROVISIONS RELATING TO GAMBLING; CHANGING
|
0018| PROVISIONS RELATING TO LOTTERY BONDS; IMPOSING TAXES, FEES AND
|
0019| PENALTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA
|
0020| 1978; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
|
0021|
|
0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0023| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
|
0024| through 6 of this act may be cited as the "Gaming Compact Act".
|
0025| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0001| Gaming Compact Act:
|
0002| A. "committee" means the joint legislative committee
|
0003| on compacts created pursuant to Section 5 of the Gaming Compact
|
0004| Act;
|
0005| B. "compact" means a tribal-state gaming compact
|
0006| entered into between a tribe and the state pursuant to IGRA and
|
0007| includes an ancillary agreement or proposed ancillary agreement
|
0008| related to that compact;
|
0009| C. "gaming" means "class III gaming" as defined in
|
0010| IGRA;
|
0011| D. "governor" means the governor of New Mexico;
|
0012| E. "IGRA" means the federal Indian Gaming Regulatory
|
0013| Act (25 U.S.C.A. Sections 2701 et seq.); and
|
0014| F. "tribe" means an Indian nation, tribe or pueblo
|
0015| located in whole or in part within the state.
|
0016| Section 3. [NEW MATERIAL] COMPACTS--RATIFICATION.--Compacts signed by the governor and the pueblos of Taos, San
|
0017| Juan, Santa Clara, Pojoaque, Tesuque, San Felipe, Santa Ana,
|
0018| Sandia, Isleta, Acoma, Nambe and San Ildelfonso and the
|
0019| Mescalero and Jicarilla Apache tribes that were approved by the
|
0020| secretary of the interior and published in the federal register
|
0021| are ratified by the legislature. The governor is authorized to
|
0022| execute those compacts on behalf of the state of New Mexico.
|
0023| Section 4. [NEW MATERIAL] COMPACTS--NEGOTIATION--SUBMISSION TO LEGISLATURE BY GOVERNOR--APPROVAL OR REJECTION--COMPACT PROVISIONS--REPORT OF GOVERNOR TO LEGISLATURE.--
|
0024| A. A request by a tribe to negotiate a compact
|
0025| initially or to renegotiate or amend an existing compact shall
|
0001| be submitted to the governor in writing pursuant to IGRA.
|
0002| B. The governor may designate a representative to
|
0003| negotiate the terms of a compact. The designation shall be
|
0004| written and a copy of the designation shall be delivered or
|
0005| mailed within three days of the designation to the speaker of
|
0006| the house of representatives and the president pro tempore of
|
0007| the senate. The designated representative of the governor is
|
0008| authorized to negotiate the terms of a compact on behalf of the
|
0009| state, but neither the representative nor the governor is
|
0010| authorized to execute a compact on behalf of the state without
|
0011| legislative approval granted pursuant to the provisions of this
|
0012| section.
|
0013| C. At the conclusion of negotiations a proposed
|
0014| compact shall be prepared and submitted by the governor to the
|
0015| committee. Submittal of a proposed compact occurs when the
|
0016| compact and the submittal document are received for the
|
0017| committee by the legislative council service.
|
0018| D. The committee shall review the proposed compact
|
0019| and within thirty days after its receipt shall:
|
0020| (1) by written report to the legislature
|
0021| recommend approval of the compact as proposed; or
|
0022| (2) by written transmittal document to the
|
0023| governor or his designated representative propose specific
|
0024| modifications to the compact and request the governor to resume
|
0025| negotiations with the tribe.
|
0001| E. If the committee proposes specific modifications
|
0002| to the proposed compact, the governor or his designated
|
0003| representative may resume negotiations with the tribe in
|
0004| accordance with the committee's recommendations. If, within
|
0005| thirty days of receipt by the governor of the transmittal
|
0006| document on the specific modifications proposed, either the
|
0007| governor or the tribe notifies the other in writing that it
|
0008| refuses to negotiate further, the governor shall promptly give
|
0009| written notification to the committee of the decision. If
|
0010| negotiations are resumed, the governor shall notify the
|
0011| committee of the date that he or his designated representative
|
0012| has resumed negotiations on the requested modifications. The
|
0013| approval process described in this section for the originally
|
0014| submitted proposed compact shall be followed for consideration
|
0015| of a proposed modified compact, except that the time limitation
|
0016| for review by the committee specified in Subsection D of this
|
0017| section is reduced to ten days.
|
0018| F. Within five days of being notified that further
|
0019| negotiations are refused by the tribe or the governor, the
|
0020| committee shall reconsider the proposed compact and vote to
|
0021| recommend its approval or rejection or shall vote to make no
|
0022| recommendation on the proposed compact.
|
0023| G. If the legislature is in session when a report of
|
0024| the committee recommending approval or rejection of a proposed
|
0025| compact is made or a report of a vote of no recommendation is
|
0001| made, within five days of the date the report is received the
|
0002| committee shall prepare and introduce in each house a resolution
|
0003| approving the proposed compact as submitted by the governor.
|
0004| A single resolution in each house may cover more than one
|
0005| compact if the terms of the compacts are identical except for
|
0006| the name of the tribe and the name of the person executing the
|
0007| compact on behalf of the tribe. A copy of the committee report
|
0008| shall be submitted with the resolution. If a majority of the
|
0009| members present of each house votes to adopt the resolution, the
|
0010| compact is approved by the legislature and the governor shall
|
0011| execute it on behalf of the state.
|
0012| H. If the legislature is not in session when a
|
0013| report of the committee recommending approval or rejection of a
|
0014| proposed compact is made or a report of a vote of no
|
0015| recommendation is made, the committee shall inform the speaker
|
0016| of the house of representatives and the president pro tempore of
|
0017| the senate, and the legislature shall proceed pursuant to the
|
0018| provisions of Subsection G of this section by no later than the
|
0019| fifth day after the legislature convenes in a regular session or
|
0020| a special session called for the purpose of considering the
|
0021| proposed compact.
|
0022| I. The legislature may not amend or modify a
|
0023| proposed compact submitted to it pursuant to the provisions of
|
0024| this section, and it may not refer a proposed compact to a
|
0025| committee.
|
0001| J. A compact negotiated on behalf of the state
|
0002| pursuant to this section shall contain:
|
0003| (1) a provision recognizing the right of each
|
0004| party to the compact to request that the compact be amended,
|
0005| renegotiated or replaced by a new compact, including the right
|
0006| of the legislature by joint resolution to request amendment,
|
0007| renegotiation or replacement of the compact, and providing terms
|
0008| under which either party, including the legislature, may request
|
0009| amendment, renegotiation or replacement of a compact; and
|
0010| (2) a provision that, in the event of a request
|
0011| for amendment, renegotiation or replacement of the compact, the
|
0012| existing compact will remain in effect until amended,
|
0013| renegotiated or replaced.
|
0014| K. If a request for negotiation of a compact is made
|
0015| by a tribe and the proposed compact is identical to a compact
|
0016| previously approved by the legislature except for the name of
|
0017| the compacting tribe and the names of the persons to execute the
|
0018| compact on behalf of the tribe and on behalf of the state, the
|
0019| governor shall approve and sign the compact on behalf of the
|
0020| state without submitting the compact for approval pursuant to
|
0021| the provisions of this section. A compact signed by the
|
0022| governor pursuant to this subsection is deemed approved by the
|
0023| legislature.
|
0024| Section 5. [NEW MATERIAL] JOINT LEGISLATIVE COMMITTEE
|
0025| ON COMPACTS--CREATION--MEMBERSHIP--AUTHORITY.--
|
0001| A. The "joint legislative committee on compacts" is
|
0002| created. Once established it shall continue operating until
|
0003| specific action is taken by the legislature to terminate its
|
0004| existence.
|
0005| B. The committee shall have eight members, four from
|
0006| the house of representatives and four from the senate. House
|
0007| members shall be appointed by the speaker of the house of
|
0008| representatives, and senate members shall be appointed by the
|
0009| committees' committee of the senate or, if the senate
|
0010| appointments are made in the interim, by the president pro
|
0011| tempore of the senate after consultation with and agreement of a
|
0012| majority of the members of the committees' committee. Members
|
0013| shall be appointed from each house to give the two major
|
0014| political parties in each house equal representation on the
|
0015| committee. At least two of the committee members shall be
|
0016| legislators who are also members of a tribe if there are two or
|
0017| more legislators meeting that requirement. If there is but one
|
0018| legislator meeting that requirement, that legislator shall be
|
0019| appointed as a committee member, and the membership shall be
|
0020| adjusted subsequently if additional qualifying legislators
|
0021| become available.
|
0022| C. In addition to its duty to review proposed
|
0023| compacts, the committee may establish and transmit to the
|
0024| governor proposed guidelines reflecting the public policies and
|
0025| state interests, as embodied in the constitution of New Mexico,
|
0001| state laws and case law of the state, that are consistent with
|
0002| IGRA and that will be used by the committee in reviewing
|
0003| proposed compacts.
|
0004| D. The president pro tempore of the senate shall
|
0005| designate a senate member of the committee to be chairman of the
|
0006| committee in odd-numbered years and the vice chairman in even-numbered years. The speaker of the house of representatives
|
0007| shall designate a house member of the committee to be chairman
|
0008| of the committee in even-numbered years and the vice chairman in
|
0009| odd-numbered years.
|
0010| E. The committee may meet at the call of the
|
0011| chairman.
|
0012| F. The committee may meet during legislative
|
0013| sessions as needed.
|
0014| G. Staff services for the committee shall be
|
0015| provided by the legislative council service.
|
0016| Section 6. [NEW MATERIAL] ACCESS TO DOCUMENTS--LIMITATION.--The following documents are confidential and shall
|
0017| not be made available to the public without the express consent
|
0018| of the tribe or except as is otherwise provided in an approved
|
0019| compact:
|
0020| A. reports containing results of background
|
0021| investigations of individuals employed at tribal gaming
|
0022| enterprises, vendors, contractors and management officials and
|
0023| any other documents pertaining to those investigations;
|
0024| B. documents showing income and expenses of tribal
|
0025| gaming facilities;
|
0001| C. documents pertaining to complaints or allegations
|
0002| of violations of applicable laws or compact provisions and
|
0003| investigations into those complaints or allegations; and
|
0004| D. documents pertaining to licensing of or
|
0005| investigation into gaming devices and documents showing payouts
|
0006| of individual gaming devices.
|
0007| Section 7. [NEW MATERIAL] SHORT TITLE.--Sections 7
|
0008| through 26 of this act may be cited as the "Video Gambling Act".
|
0009| Section 8. [NEW MATERIAL] PURPOSE.--The purpose of the
|
0010| Video Gambling Act is to make lawful and regulate the conduct
|
0011| and operation of certain electronic video games of chance by
|
0012| certain nonprofit organizations and the operation of both
|
0013| electronic video games of chance and slot machines by
|
0014| racetracks.
|
0015| Section 9. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0016| Video Gambling Act:
|
0017| A. "department" means the regulation and licensing
|
0018| department, the superintendent of regulation and licensing or an
|
0019| employee of the department exercising authority lawfully
|
0020| delegated to that employee by the superintendent;
|
0021| B. "distributor" means a person who sells, offers
|
0022| for sale or otherwise furnishes to another person a video
|
0023| gambling machine or a slot machine;
|
0024| C. "fraternal organization" means an organization
|
0025| within this state, not organized for pecuniary profit, that:
|
0001| (1) is a branch, lodge or chapter of a national
|
0002| or state organization and exists for the common business,
|
0003| brotherhood or other interests of its members;
|
0004| (2) has existed in New Mexico for at least
|
0005| three years immediately prior to making application for a
|
0006| license pursuant to the Video Gambling Act;
|
0007| (3) has been granted an exemption from federal
|
0008| income tax by the United States commissioner of internal revenue
|
0009| as an organization described in Section 501(c) of the Internal
|
0010| Revenue Code of 1986, as amended;
|
0011| (4) is exempt from state income tax pursuant to
|
0012| Section 7-2-4 NMSA 1978; and
|
0013| (5) is not a college or high school fraternity
|
0014| or sorority;
|
0015| D. "gross receipts" means the total amount of money
|
0016| and the value of other consideration received from selling,
|
0017| renting, leasing, distributing, operating, conducting or
|
0018| assisting in the operation or conduct of any activities
|
0019| authorized by the Video Gambling Act, except, in an exchange in
|
0020| which the money or other consideration received does not reflect
|
0021| the value of the property exchanged, "gross receipts" means the
|
0022| reasonable value of the property exchanged as determined by the
|
0023| department;
|
0024| E. "licensee" means the holder of a license issued
|
0025| pursuant to the Video Gambling Act;
|
0001| F. "manufacturer" means a person who assembles, from
|
0002| parts or raw materials, a video gambling machine or slot
|
0003| machine;
|
0004| G. "net receipts" means gross receipts from
|
0005| operating a video gambling machine or slot machine, or both,
|
0006| less the amounts paid as prizes and winnings by the machine;
|
0007| H. "operate" means to possess, for the purpose of
|
0008| allowing persons to play, or to maintain a video gambling
|
0009| machine or slot machine;
|
0010| I. "person" means an individual or other legal
|
0011| entity;
|
0012| J. "play" means to activate a video gambling machine
|
0013| or slot machine and to manipulate or work it for the purpose of
|
0014| trying to win money, prizes or other consideration;
|
0015| K. "qualified organization" means a fraternal
|
0016| organization or a veterans' organization.
|
0017| L. "racetrack" means a facility or person licensed
|
0018| by the state racing commission to conduct horse racing within
|
0019| this state;
|
0020| M. "slot machine" means any mechanical or electronic
|
0021| machine that upon insertion of a coin or token may be played and
|
0022| that, by chance, dispenses, or the player may otherwise receive,
|
0023| cash, tokens, free plays or credits that can be redeemed for
|
0024| cash, coins, tokens or other consideration, but "slot machine"
|
0025| does not include amusement-type game machines that are commonly
|
0001| used for amusement only, which only pay out free games or
|
0002| tickets or credits that may only be exchanged for merchandise of
|
0003| insignificant value and are not operated by a licensee;
|
0004| N. "veterans' organization" means an organization
|
0005| within this state, or any branch, lodge or chapter of a national
|
0006| or state organization within this state, that is not organized
|
0007| for pecuniary profit, the membership of which consists entirely
|
0008| of individuals who were members of the armed services or forces
|
0009| of the United States, that has been in existence in New Mexico
|
0010| for at least three years immediately prior to making application
|
0011| for a license pursuant to the Video Gambling Act, that has been
|
0012| granted an exemption from federal income tax by the United
|
0013| States commissioner of internal revenue as an organization
|
0014| described in Section 501(c) of the Internal Revenue Code of
|
0015| 1986, as amended, and that is exempt from state income tax
|
0016| pursuant to Section 7-2-4 NMSA 1978; and
|
0017| O. "video gambling machine" means any electronic
|
0018| device that, upon payment of any consideration, simulates the
|
0019| play of any game of chance, including but not limited to pull
|
0020| tabs, poker, keno, blackjack, craps, roulette and any other
|
0021| similar games defined by regulation of the department, that uses
|
0022| video display and microprocessors and that, by chance or through
|
0023| some combination of chance and skill, dispenses, or the player
|
0024| may otherwise receive, cash, tokens, free plays or credits that
|
0025| can be redeemed for cash, coins or tokens, prizes or other
|
0001| consideration, but "video gambling machine" does not include
|
0002| amusement-type video game machines that do not simulate the play
|
0003| of any game of chance and that are commonly used for amusement
|
0004| only, which only pay out free games or tickets or credits that
|
0005| may only be exchanged for merchandise of insignificant value and
|
0006| are not operated by a licensee.
|
0007| Section 10. [NEW MATERIAL] PROHIBITION OF ACTIVITIES
|
0008| INVOLVING UNAUTHORIZED VIDEO GAMBLING MACHINES AND SLOT
|
0009| MACHINES--EXCEPTION.--
|
0010| A. Except as provided in Subsection B of this
|
0011| section, unless a person has a valid appropriate license or
|
0012| permit issued by the department pursuant to the Video Gambling
|
0013| Act, a person shall not:
|
0014| (1) manufacture, import, sell, lease, rent,
|
0015| distribute, operate or participate in the operation of a video
|
0016| gambling machine or slot machine; or
|
0017| (2) conduct or participate in any activity
|
0018| involving a video gambling machine or slot machine.
|
0019| B. The prohibition in Subsection A of this section
|
0020| does not apply to an Indian nation, tribe or pueblo.
|
0021| Section 11. [NEW MATERIAL] LICENSING GENERAL
|
0022| PROVISIONS.--
|
0023| A. Licenses may be issued only in accordance with
|
0024| the provisions of the Video Gambling Act.
|
0025| B. Any applicant for or holder of a license issued
|
0001| pursuant to the Video Gambling Act shall produce and furnish all
|
0002| records, documents and information requested by the department.
|
0003| No applicant or holder of a license shall interfere or attempt
|
0004| to interfere with an investigation by the department.
|
0005| C. The department shall investigate the
|
0006| qualifications of applicants for licenses under the Video
|
0007| Gambling Act. The department shall investigate the conditions
|
0008| existing in the community in which the premises for which any
|
0009| license is sought are located before the license is issued to
|
0010| ensure that a license is not issued to persons or for locations
|
0011| if the issuance is prohibited by state law or contrary to the
|
0012| public health or safety.
|
0013| D. No license shall be issued to:
|
0014| (1) a proprietorship if the proprietor has been
|
0015| convicted of a felony;
|
0016| (2) a general partnership if a general partner
|
0017| has been convicted of a felony;
|
0018| (3) a limited partnership if a general partner
|
0019| has been convicted of a felony or if a limited partner
|
0020| contributing ten percent or more of the total value of
|
0021| contributions made to the limited partnership or entitled to ten
|
0022| percent or more of the profits earned or other compensation by
|
0023| way of income paid by the limited partnership has been convicted
|
0024| of a felony;
|
0025| (4) a limited liability company if a manager or
|
0001| member with management responsibilities has been convicted of a
|
0002| felony;
|
0003| (5) a corporation, association or similar
|
0004| entity having a shareholder holding more than ten percent of the
|
0005| stock of the entity, a director or an officer who has been
|
0006| convicted of a felony; or
|
0007| (6) a person subject to the control of an
|
0008| individual or person who has been convicted of a felony when
|
0009| that control arises out of relationships defined by regulations
|
0010| of the department as resulting in control.
|
0011| E. A licensee shall not employ an individual in a
|
0012| position having authority or responsibility to supervise machine
|
0013| gambling for the licensee if that individual has been convicted
|
0014| of a felony.
|
0015| F. An applicant for a license shall file with the
|
0016| application two complete sets of fingerprints taken under the
|
0017| supervision of and certified by an officer of the New Mexico
|
0018| state police, a county sheriff or a municipal chief of police
|
0019| for the following described individuals:
|
0020| (1) if the applicant is a proprietorship, the
|
0021| proprietor;
|
0022| (2) if the applicant is a general partnership,
|
0023| each general partner;
|
0024| (3) if the applicant is a limited partnership,
|
0025| all general partners and each limited partner contributing ten
|
0001| percent or more of the total value of contributions to the
|
0002| limited partnership or entitled to ten percent or more of the
|
0003| profits earned or other compensation by way of income paid by
|
0004| the limited partnership;
|
0005| (4) if the applicant is a limited liability
|
0006| company, each manager or member with management
|
0007| responsibilities;
|
0008| (5) if the applicant is a corporation,
|
0009| association or similar entity, each shareholder holding ten
|
0010| percent or more of the outstanding stock, each principal
|
0011| officer, each director and any agent responsible for the
|
0012| operation of the licensee; and
|
0013| (6) an individual having control of an
|
0014| individual or entity applicant when that control arises out of
|
0015| relationships defined by regulations of the department as
|
0016| resulting in control.
|
0017| G. The department may exchange identification
|
0018| records and information with law enforcement agencies for
|
0019| official use. Any identification records received from the
|
0020| United States department of justice, including identification
|
0021| records based on fingerprints, shall be used only to accomplish
|
0022| the licensing purposes and comply with the provisions of the
|
0023| Video Gambling Act. The department shall not disseminate
|
0024| identification records or information received to any person
|
0025| except law enforcement agencies for official use only.
|
0001| H. An application for the issuance or annual renewal
|
0002| of a license shall be accompanied by a license fee in the amount
|
0003| of one thousand dollars ($1,000).
|
0004| I. The department shall by regulation set forth the
|
0005| requirements for and contents of an application for issuance and
|
0006| renewal of licenses, consistent with the provisions of the Video
|
0007| Gambling Act. The regulations shall include detailed provisions
|
0008| describing those situations and relationships among persons and
|
0009| applicants in which a person is determined to have control of
|
0010| another for the purpose of qualifications and investigations
|
0011| required for licensure.
|
0012| J. All licenses issued pursuant to the Video
|
0013| Gambling Act expire on July 1 of each year and may be renewed if
|
0014| the licensee makes the required application and pays the
|
0015| required fee. If a license expires, the licensee shall cease
|
0016| all video gambling activities and transactions until the license
|
0017| is renewed.
|
0018| K. The holder of a license issued pursuant to the
|
0019| Video Gambling Act has no vested property right in the license.
|
0020| The license is the property of the state. Licenses issued
|
0021| pursuant to the Video Gambling Act are not subject to sale,
|
0022| lease, devise, transfer, assignment, execution, attachment, a
|
0023| security transaction, liens or receivership.
|
0024| Section 12. [NEW MATERIAL] VIDEO GAMBLING MACHINE
|
0025| LICENSE.--
|
0001| A. A license may be issued to a qualified
|
0002| organization to own and operate video gambling machines for
|
0003| which permits have been issued by the department. A video
|
0004| gambling machine licensee shall not own or operate slot
|
0005| machines. A video gambling machine licensee shall operate video
|
0006| gambling machines only at the location of its primary place of
|
0007| business and at no other location.
|
0008| B. A video gambling machine licensee may install and
|
0009| operate video gambling machines only at the location stated in
|
0010| its application and approved by the department.
|
0011| C. No person other than an active member of a
|
0012| veterans' organization or a fraternal organization or a bona
|
0013| fide guest of that active member may play video gambling
|
0014| machines owned or operated by a veterans' organization or the
|
0015| fraternal organization that is a video gambling machine
|
0016| licensee.
|
0017| D. The department shall prescribe by regulation the
|
0018| information required, frequency of reporting, which shall be no
|
0019| less often than quarterly, and the form of the reports to be
|
0020| made by video gambling machine licensees.
|
0021| E. No video gambling machine licensee may purchase,
|
0022| lease or otherwise receive a video gambling machine except from
|
0023| a distributor licensed pursuant to the Video Gambling Act.
|
0024| F. No more than twenty-five video gambling machines
|
0025| may be operated by a video gambling machine licensee at any
|
0001| given time, subject to the limitations contained in Section 17
|
0002| of the Video Gambling Act.
|
0003| Section 13. [NEW MATERIAL] RACETRACK LICENSE.--
|
0004| A. A license may be issued to a racetrack to own and
|
0005| operate video gambling machines or slot machines, or both.
|
0006| B. A racetrack licensee may install and operate
|
0007| video gambling machines or slot machines, or both, for which
|
0008| permits have been issued by the department only at the location
|
0009| stated in its application and approved by the department. That
|
0010| location constitutes the licensed premises of the racetrack
|
0011| licensee for purposes of the Video Gambling Act.
|
0012| C. No racetrack may operate and no person may play
|
0013| or be allowed by the racetrack to play a video gambling machine
|
0014| or slot machine at the racetrack except in strict compliance
|
0015| with the following provisions:
|
0016| (1) a video gambling machine or slot machine
|
0017| may be played only on days the racetrack is holding a live
|
0018| formal race meet or simulcasting live races occurring at
|
0019| racetracks elsewhere in New Mexico and authorized by the state
|
0020| racing commission, during times established by the commission
|
0021| but for no more than twelve hours on those days; and
|
0022| (2) members of the public patronizing the
|
0023| racetrack, except individuals who have not attained the age of
|
0024| twenty-one, shall be allowed to play any video gambling machine
|
0025| or slot machine operated by the racetrack licensee.
|
0001| D. No racetrack licensee may purchase, lease or
|
0002| otherwise receive a video gambling machine or slot machine
|
0003| except from a distributor licensed pursuant to the Video
|
0004| Gambling Act.
|
0005| E. The maximum number of video gambling machines or
|
0006| slot machines, or both, that may be operated by a racetrack
|
0007| licensee on that licensee's licensed premises at any time shall
|
0008| be established by the department based upon recommendations from
|
0009| the state racing commission.
|
0010| Section 14. [NEW MATERIAL] MANUFACTURER'S LICENSE.--
|
0011| A. A license may be issued to a person desiring to
|
0012| manufacture video gambling machines or slot machines, or both,
|
0013| in this state.
|
0014| B. No person shall manufacture video gambling
|
0015| machines or slot machines, or both, in this state unless the
|
0016| person is issued a manufacturer's license by the department.
|
0017| C. A licensed manufacturer shall report to the
|
0018| department, on prescribed forms, information required by
|
0019| regulation of the department.
|
0020| D. No licensed manufacturer may sell or solicit to
|
0021| sell a video gambling machine or slot machine to any person
|
0022| except a licensed distributor.
|
0023| E. No licensed manufacturer may operate, receive for
|
0024| resale or participate directly or indirectly in the operation or
|
0025| resale of a video gambling machine or slot machine.
|
0001| Section 15. [NEW MATERIAL] DISTRIBUTOR'S LICENSE.--
|
0002| A. A license may be issued to a person desiring to
|
0003| distribute video gambling machines or slot machines, or both, by
|
0004| sale, lease or other transaction in this state.
|
0005| B. No person may distribute video gambling machines
|
0006| or slot machines by sale, lease or other transaction in this
|
0007| state unless the person is issued a distributor's license by the
|
0008| department.
|
0009| C. No licensed distributor may distribute a video
|
0010| gambling machine by sale, lease or other transaction except to a
|
0011| video gambling machine licensee or racetrack licensee. No
|
0012| licensed distributor may distribute a slot machine by sale,
|
0013| lease or other transaction except to a racetrack licensee.
|
0014| D. A licensed distributor shall report to the
|
0015| department, on prescribed forms, information required by
|
0016| regulation of the department.
|
0017| E. No licensed distributor may operate, receive for
|
0018| resale or participate directly or indirectly in the operation or
|
0019| resale of a video gambling machine or slot machine.
|
0020| Section 16. [NEW MATERIAL] REGULATIONS.--
|
0021| A. The department may adopt regulations necessary to
|
0022| implement the Video Gambling Act. Other than emergency
|
0023| regulations adopted pursuant to the provisions of Subsection B
|
0024| of this section, no regulation affecting any person or agency
|
0025| outside the department shall be adopted, amended or repealed
|
0001| without a public hearing on the proposed action before the
|
0002| department or a designated hearing officer. The public hearing
|
0003| shall be held in Santa Fe county. Notice of the subject matter
|
0004| of the regulation, the date, time and place of the public
|
0005| hearing, the manner in which interested persons may present
|
0006| their views and the method by which copies of the proposed
|
0007| regulation, amendment or repeal may be obtained shall be
|
0008| published once at least thirty days prior to the hearing date in
|
0009| a newspaper of general circulation. All regulations shall be
|
0010| filed in accordance with the State Rules Act.
|
0011| B. If the department determines that an emergency
|
0012| exists that requires immediate action to implement or enforce
|
0013| the provisions of the Video Gambling Act, it may adopt a
|
0014| regulation or amendment or repeal thereof without notice and
|
0015| hearing, and the emergency regulation shall become effective
|
0016| immediately upon its filing under the State Rules Act. The
|
0017| emergency regulation shall not continue in effect longer than
|
0018| forty-five days unless within that time the department commences
|
0019| proceedings to adopt the regulation by issuing the notice
|
0020| required in Subsection A of this section. If the department
|
0021| commences proceedings by issuing notice, the emergency
|
0022| regulation shall remain in effect until a permanent regulation
|
0023| takes effect or until the procedures are otherwise completed.
|
0024| C. Regulations adopted by the department may provide
|
0025| for the following:
|
0001| (1) reporting requirements in addition to those
|
0002| set forth in the Video Gambling Act;
|
0003| (2) required provisions in purchase or leasing
|
0004| contracts relating to video gambling machines and slot machines;
|
0005| (3) appropriate security measures providing for
|
0006| the safety of participants in the conduct of video gambling;
|
0007| (4) the contents of and process for
|
0008| applications for licenses or permits issued pursuant to the
|
0009| Video Gambling Act;
|
0010| (5) minimum required percentage of paybacks by
|
0011| video gambling machines and slot machines; and
|
0012| (6) other regulations consistent with the
|
0013| provisions of the Video Gambling Act that provide for the
|
0014| integrity, honesty and security of the conduct of video gambling
|
0015| and slot machine activities or transactions by licensees.
|
0016| D. The department shall enter into a contract with
|
0017| the New Mexico lottery authority to conduct the monitoring of
|
0018| video gambling machines and slot machines, including receiving
|
0019| and transmitting to the department by the lottery authority the
|
0020| information required by the Video Gambling Act, performing
|
0021| electronic funds transfers, enabling and disabling video
|
0022| gambling machines and slot machines and performing other
|
0023| services relating to the operation and administration of video
|
0024| gambling machines and slot machines. The contract is not
|
0025| subject to the Procurement Code. Compensation to the lottery
|
0001| authority shall not exceed actual costs incurred by the
|
0002| authority in performing the services plus up to two percent of
|
0003| the net receipts of a monitored licensee. The contract may
|
0004| provide for electronic funds transfer of that portion of the
|
0005| compensation. The department shall provide by regulation for
|
0006| the allocation and payment of the compensation.
|
0007| E. The department shall, on or before January 1,
|
0008| 1997, adopt by regulation mechanical and electronic standards
|
0009| for video gambling machines and slot machines, ensuring the
|
0010| integrity, honesty and security of the machines, which standards
|
0011| shall not be more lenient than those applied to similar machines
|
0012| in lawful use within the United States by any other jurisdiction
|
0013| regulating the conduct of video machine and slot machine
|
0014| gambling.
|
0015| Section 17. [NEW MATERIAL] PERMITTING OF VIDEO GAMBLING
|
0016| MACHINES AND SLOT MACHINES.--
|
0017| A. The department shall ensure that no more than two
|
0018| thousand video gambling machines are permitted and operated
|
0019| within the state at any given time by video gambling machine
|
0020| licensees. This limitation does not apply to racetrack
|
0021| licensees. If the number of completed applications for permits
|
0022| exceeds the number of permits available, the department shall
|
0023| allocate permits based upon regulations of the department
|
0024| according to membership size, geographic diversity and any other
|
0025| factors deemed relevant by the department. Completed
|
0001| applications are those that provide all information requested,
|
0002| indicate the licensee is able to place immediately the video
|
0003| gambling machines or slot machines for which a permit is
|
0004| requested into operation at the approved premises, include the
|
0005| appropriate application fees and specifically comply with all
|
0006| requirements of the Video Gambling Act and regulations adopted
|
0007| pursuant to that act. If a licensee removes a video gambling
|
0008| machine or slot machine from operation for longer than ten
|
0009| consecutive days, he shall notify the department immediately,
|
0010| and the permit issued for that machine shall be canceled.
|
0011| B. A licensee who intends to own or operate a video
|
0012| gambling machine or slot machine shall file an application for a
|
0013| permit with the department for each video gambling machine or
|
0014| slot machine purchased, leased or otherwise acquired by the
|
0015| licensee on forms prescribed by the department within twenty
|
0016| days after purchasing, leasing or otherwise acquiring the
|
0017| machine. The department shall not issue a permit for any
|
0018| machine that has not been tested in accordance with the
|
0019| provisions of Section 18 of the Video Gambling Act or, after
|
0020| January 1, 1997, does not comply with standards adopted by the
|
0021| department by regulation.
|
0022| C. Each application for a permit shall be
|
0023| accompanied by a permit fee of one hundred dollars ($100) per
|
0024| machine.
|
0025| D. The department shall issue a permit for a video
|
0001| gambling machine or slot machine if it complies with all
|
0002| conditions of the Video Gambling Act and regulations adopted
|
0003| pursuant to that act and if a properly completed application
|
0004| along with the required application fee for each machine has
|
0005| been submitted, but the department may refuse to issue a permit
|
0006| for a specific machine if it believes that the machine is
|
0007| inaccurate, unreliable or will not be operated in accordance
|
0008| with the provisions of the Video Gambling Act or regulations
|
0009| adopted pursuant to that act.
|
0010| E. No person may operate a video gambling machine or
|
0011| slot machine and no person may play a video gambling machine or
|
0012| slot machine unless the department has issued a permit for the
|
0013| machine.
|
0014| F. All applications for a permit shall provide
|
0015| information required by regulation of the department.
|
0016| G. A video gambling machine licensee and a racetrack
|
0017| licensee shall place a video gambling machine into operation
|
0018| within ten days of issuance of the permit for that machine. A
|
0019| racetrack licensee shall place a slot machine into operation
|
0020| within ten days of issuance of the permit for that machine. If
|
0021| a video gambling machine or slot machine is not placed into
|
0022| operation within ten days, the permit shall be canceled by the
|
0023| department.
|
0024| Section 18. [NEW MATERIAL] VIDEO GAMBLING MACHINE AND
|
0025| SLOT MACHINE TESTING AND INSPECTION.--
|
0001| A. No video gambling machine or slot machine may be
|
0002| permitted without having first been tested and certified for
|
0003| accuracy and reliability by an independent testing laboratory
|
0004| approved by the department. The costs of the testing shall be
|
0005| paid by the licensee.
|
0006| B. No video gambling machine or slot machine may be
|
0007| operated if it, or the software used to control its electronic
|
0008| functions, has been modified in any way without having been
|
0009| tested after the modification and certified for accuracy and
|
0010| reliability by an independent testing laboratory approved by the
|
0011| department.
|
0012| C. A licensee seeking to obtain a permit for a video
|
0013| gambling machine or slot machine shall pay all costs of testing
|
0014| the machine.
|
0015| D. A permitted video gambling machine or slot
|
0016| machine and the premises at which it is being operated or played
|
0017| shall be open to inspection at all times by the department or by
|
0018| any law enforcement officer. Whenever the department or any law
|
0019| enforcement officer has probable cause to believe that any video
|
0020| gambling machine or slot machine was obtained from an unlicensed
|
0021| manufacturer or distributor, is being operated by an unlicensed
|
0022| person, is unpermitted or otherwise fails to meet the
|
0023| requirements of the Video Gambling Act or regulations adopted
|
0024| pursuant to that act, he shall remove and impound the video
|
0025| gambling machine or slot machine for the purpose of testing and
|
0001| detention and shall retain possession of the machine until
|
0002| otherwise ordered by a district court.
|
0003| Section 19. [NEW MATERIAL] CONDUCT OF VIDEO GAMBLING
|
0004| AND SLOT MACHINE GAMBLING.--
|
0005| A. No licensee shall allow access for the purpose of
|
0006| playing a video gambling machine or slot machine to any person
|
0007| who is under the age of twenty-one years.
|
0008| B. No video gambling licensee shall allow access to
|
0009| licensed premises for the purpose of playing a video gambling
|
0010| machine by any person who is not an active member or a bona fide
|
0011| guest of an active member of the qualified organization.
|
0012| C. Video gambling machines or slot machines may not
|
0013| be located on any licensed liquor premises unless specifically
|
0014| exempted by the Liquor Control Act.
|
0015| D. If a video gambling machine or slot machine fails
|
0016| to meet specifications and requirements of the Video Gambling
|
0017| Act or any regulation adopted pursuant to that act at any time
|
0018| after a permit is issued, the licensee operating the machine
|
0019| shall cease operating it immediately and not operate it until it
|
0020| has been adjusted to meet all requirements.
|
0021| E. All tables displaying prizes or awards shall be
|
0022| prominently displayed on each video gambling machine and slot
|
0023| machine.
|
0024| F. A licensee may establish house rules regulating
|
0025| the operation and play of the video gambling machines or slot
|
0001| machines, provided they do not conflict with any established by
|
0002| the department.
|
0003| G. A licensee operating a video gambling machine or
|
0004| slot machine shall display on the machine, or in a conspicuously
|
0005| visible place, the telephone number of the department that can
|
0006| be called to report device malfunctions or complaints.
|
0007| Section 20. [NEW MATERIAL] VIDEO GAMBLING MACHINE AND
|
0008| SLOT MACHINE REQUIREMENTS--MONITORING.--
|
0009| A. A video gambling machine or slot machine operated
|
0010| by a licensee shall be connected to and be capable of providing
|
0011| the following information to the department or its contractor
|
0012| through the use of existing telecommunications lines and systems
|
0013| and through a data report or detailed tape:
|
0014| (1) the time of day in hours and minutes in
|
0015| which the machine is in play;
|
0016| (2) the location of the machine;
|
0017| (3) for video pull tab machines, the number of
|
0018| the pool of tickets or deal and the size of the pool;
|
0019| (4) the serial and permit numbers of the
|
0020| machine;
|
0021| (5) the cumulative amount of money inserted
|
0022| into the machine at any given time;
|
0023| (6) the amount of money contained in the
|
0024| machine at any given time;
|
0025| (7) the amount of money, credits or other
|
0001| consideration paid to players by the machine at any given time;
|
0002| (8) the version number of the software running
|
0003| on the machine; and
|
0004| (9) other information determined by the
|
0005| department to be required.
|
0006| B. Each licensee that operates video gambling
|
0007| machines or slot machines, at its own expense, shall connect all
|
0008| machines to telecommunications systems and lines to allow the
|
0009| department or its contractor access to the information required
|
0010| by the Video Gambling Act and regulations adopted pursuant to
|
0011| that act as a condition of and prior to operating the machines.
|
0012| C. A video gambling machine and a slot machine shall
|
0013| contain a printer that is capable of printing a performance
|
0014| synopsis of the gambling played and creates an exact and
|
0015| identical copy of all items printed that is retained inside the
|
0016| machine. A video gambling machine and a slot machine shall have
|
0017| electronic and mechanical meters. The printer inside the
|
0018| machine shall be capable of printing the information on the
|
0019| meters.
|
0020| D. The main logic board and the printed circuit
|
0021| board containing gambling erasable program read-only memory, or
|
0022| "EPROMs", shall be isolated in a locked area of a video gambling
|
0023| machine or slot machine. The EPROMs shall be sealed to the
|
0024| board by the manufacturer using a process approved by the
|
0025| department. The sealing shall be of a type that permits field
|
0001| examination of the EPROMs and permits the EPROMs to be resealed
|
0002| effectively.
|
0003| E. A video gambling machine and a slot machine shall
|
0004| have a nonremovable serial number plate that provides at least
|
0005| the following information:
|
0006| (1) the permit number issued by the department;
|
0007| and
|
0008| (2) the manufacturer's name, date of
|
0009| manufacture and manufacturer's serial number.
|
0010| F. Access to a video gambling machine and to a slot
|
0011| machine shall be controlled through locks.
|
0012| G. A video gambling machine and a slot machine shall
|
0013| have surge protection and a battery backup system and shall pass
|
0014| a static discharge test of at least forty thousand volts.
|
0015| H. A video gambling machine, other than a video pull
|
0016| tab machine, and a slot machine, shall allow for random play and
|
0017| winning.
|
0018| Section 21. [NEW MATERIAL] VIDEO GAMBLING MACHINES AND
|
0019| SLOT MACHINES--TESTING, AUDITING AND SEIZURE.--
|
0020| A. The department may by written directive require a
|
0021| licensee, at the licensee's expense, to have a video gambling
|
0022| machine or slot machine, whether or not a permit has been issued
|
0023| for the machine, manufactured, distributed, owned, leased or
|
0024| operated by that licensee tested for reliability and accuracy by
|
0025| an independent laboratory approved or designated by the
|
0001| department. If a test is required of a machine, it shall not be
|
0002| operated or distributed by a licensee until it has been tested
|
0003| and the department is satisfied that the machine is accurate and
|
0004| reliable based upon the results of the test.
|
0005| B. The department or its designated agents or
|
0006| contractors may, without advance notice to a licensee, audit or
|
0007| test the operation of a video gambling machine or slot machine
|
0008| to ensure reliability and accuracy. A licensee shall allow
|
0009| access to its video gambling machines, slot machines and its
|
0010| licensed premises to the department or its designated agents or
|
0011| contractors immediately upon request.
|
0012| C. The department or its designated agents or
|
0013| contractors may audit all records of a licensee, whether or not
|
0014| they are in the licensee's possession, to ensure compliance with
|
0015| the provisions of the Video Gambling Act or any regulations
|
0016| adopted pursuant to that act. A licensee requested to produce
|
0017| records relating to its video gambling machine and slot machine
|
0018| operations by the department, its designated agents or
|
0019| contractors shall do so immediately upon request.
|
0020| D. The department may seize, seal or order a
|
0021| licensee to cease operating any or all of its video gambling
|
0022| machines or slot machines without prior notice if the department
|
0023| believes that the licensee is violating any provision of the
|
0024| Video Gambling Act or of any regulation adopted pursuant to that
|
0025| act or if any machine is not accurate or reliable or has been
|
0001| changed or modified in any manner not approved by the
|
0002| department.
|
0003| Section 22. [NEW MATERIAL] DENIAL, SUSPENSION OR
|
0004| REVOCATION OF LICENSE.--
|
0005| A. The department shall refuse to issue or renew or
|
0006| shall suspend or revoke any license issued pursuant to the Video
|
0007| Gambling Act or shall fine a licensee in an amount not to exceed
|
0008| ten thousand dollars ($10,000) per incident, or both, upon a
|
0009| finding that the applicant or licensee or any officer, director,
|
0010| employee or agent of the applicant or licensee has:
|
0011| (1) violated any provision of the Video
|
0012| Gambling Act or of any regulation adopted pursuant to that act;
|
0013| (2) provided false or misleading information to
|
0014| the department;
|
0015| (3) been convicted of a felony involving fraud
|
0016| or theft or convicted of any gambling-related offense;
|
0017| (4) modified or changed any video gambling
|
0018| machine or slot machine so as to endanger or compromise its
|
0019| accuracy, security or reliability;
|
0020| (5) engaged in dishonest or deceptive practices
|
0021| with respect to its video gambling machine or slot machine
|
0022| operations; or
|
0023| (6) conducted its video gambling machine or
|
0024| slot machine operations in a manner that may be considered a
|
0025| public nuisance.
|
0001| B. When the department contemplates taking any
|
0002| action against an applicant or licensee to refuse to issue,
|
0003| renew, revoke or suspend a license or impose a fine, it shall
|
0004| serve written notice upon the applicant or licensee containing
|
0005| the following:
|
0006| (1) a statement that the department has
|
0007| sufficient evidence that, if not rebutted or explained, will
|
0008| justify the department in taking the contemplated action;
|
0009| (2) a statement indicating the general nature
|
0010| of the evidence; and
|
0011| (3) a statement advising the applicant or
|
0012| licensee that, unless the applicant or licensee within twenty
|
0013| days after service of the notice delivers a written request for
|
0014| hearing to the department, the department will take the
|
0015| contemplated action.
|
0016| C. If the applicant or licensee does not deliver a
|
0017| request for hearing within the time required by this section,
|
0018| the department may take the action contemplated in the notice,
|
0019| and such action shall be final and not subject to judicial
|
0020| review.
|
0021| D. If the applicant or licensee delivers a request
|
0022| for hearing within the time required by this section, the
|
0023| department shall, within twenty days of receipt of the request,
|
0024| notify the applicant or licensee of the time and place of
|
0025| hearing and the name of the person who shall conduct the hearing
|
0001| for the department, which hearing shall be held not more than
|
0002| sixty or less than fifteen days from the date of service of the
|
0003| notice of hearing.
|
0004| E. All hearings under this section shall be held in
|
0005| Santa Fe county.
|
0006| F. The department may conduct the hearings or have
|
0007| them conducted by a hearing officer appointed by the department.
|
0008| G. All hearings shall be open to the public.
|
0009| H. A licensee or applicant entitled to and
|
0010| requesting a hearing shall have the right to be represented by
|
0011| counsel, to present all relevant evidence, to examine all
|
0012| opposing witnesses and to have subpoenas issued by the
|
0013| department to compel the attendance of witnesses and the
|
0014| production of documents.
|
0015| I. The department or hearing officer may impose any
|
0016| appropriate evidentiary sanction against a party who fails to
|
0017| provide discovery or to comply with a subpoena.
|
0018| J. The department or hearing officer shall cause a
|
0019| complete record to be made of all evidence received during the
|
0020| course of a hearing.
|
0021| K. After a hearing has been completed, the
|
0022| department shall render its decision as soon as is practicable.
|
0023| L. Any applicant or licensee who is aggrieved by an
|
0024| adverse decision of the department may obtain a review of the
|
0025| decision in the district court of Santa Fe county by filing with
|
0001| the court a petition for review within twenty days after the
|
0002| date of service of the decision. Failure to file a petition for
|
0003| review in the manner and within the time stated shall operate as
|
0004| a waiver of the right to judicial review and shall result in the
|
0005| decision of the department becoming final.
|
0006| M. Upon the review of any decision of the
|
0007| department, the district judge shall sit without a jury and may
|
0008| hear oral arguments and receive written briefs, but evidence not
|
0009| offered at the hearing shall not be taken. The court shall
|
0010| affirm the decision of the department unless it finds that the
|
0011| substantial rights of the petitioner have been prejudiced
|
0012| because the decision was in violation of constitutional
|
0013| provisions, in excess of the statutory authority or jurisdiction
|
0014| of the department, made upon unlawful procedure affected by
|
0015| other error of law, unsupported by substantial evidence based
|
0016| upon a review of the entire record submitted or arbitrary or
|
0017| capricious.
|
0018| N. Any party to the review proceeding in the
|
0019| district court, including the department, may appeal to the
|
0020| supreme court from the decision of the district court.
|
0021| Section 23. [NEW MATERIAL] RECORDS REQUIRED AND RECORD
|
0022| RETENTION.--
|
0023| A. In addition to other records required to be
|
0024| generated or kept pursuant to the Video Gambling Act, a licensee
|
0025| shall maintain complete video gambling machine and slot machine
|
0001| operation records, including audit tapes, and shall make them
|
0002| available for inspection by the department or any law
|
0003| enforcement officer upon request. Those records shall include:
|
0004| (1) all permit and licensing documents issued
|
0005| by the department;
|
0006| (2) a complete record of all funds paid out by
|
0007| each machine, including the date, time and amount of the funds
|
0008| paid out;
|
0009| (3) a record of all gross receipts from
|
0010| operation of each machine by date; and
|
0011| (4) any records required by regulations adopted
|
0012| pursuant to the Video Gambling Act.
|
0013| B. Each licensee shall maintain records required by
|
0014| the Video Gambling Act or any regulation adopted pursuant to
|
0015| that act, within this state, for a minimum period of at least
|
0016| three years.
|
0017| C. Each applicant for a license pursuant to the
|
0018| Video Gambling Act or current licensee, as a condition of
|
0019| licensure, shall grant the department or its authorized designee
|
0020| access to all tax returns maintained by the United States
|
0021| internal revenue service or the taxation and revenue department
|
0022| that have been filed on behalf of any individual having any
|
0023| ownership, managerial, directorship or financial interest in the
|
0024| applicant or any activity of the licensee carried out pursuant
|
0025| to the Video Gambling Act, and those of any entity applying for
|
0001| licensure pursuant to that act. The department shall consider
|
0002| those records when determining qualifications for initial
|
0003| licensure or actions under Section 22 of the Video Gambling Act.
|
0004| Section 24. [NEW MATERIAL] TAX IMPOSED--DENOMINATED AS
|
0005| MACHINE GAMBLING TAX--RATE--ADMINISTRATION AND ENFORCEMENT.--
|
0006| A. In addition to all other taxes imposed by other
|
0007| state laws, an excise tax is imposed for the privilege of
|
0008| engaging in the activities authorized pursuant to the Video
|
0009| Gambling Act. The tax is denominated as and shall be known as
|
0010| the "machine gambling tax".
|
0011| B. The machine gambling tax is imposed in an amount
|
0012| equal to:
|
0013| (1) five percent of the receipts of a
|
0014| manufacturer from the sales of video gambling machines and slot
|
0015| machines manufactured in the state;
|
0016| (2) five percent of the receipts of a
|
0017| distributor from the distribution of video gambling machines and
|
0018| slot machines in the state; and
|
0019| (3) ten percent of the net receipts of a person
|
0020| who operates video gambling machines or slot machines, or both.
|
0021| C. The machine gambling tax shall be paid to, and
|
0022| administered and enforced by, the taxation and revenue
|
0023| department pursuant to the provisions of the Tax Administration
|
0024| Act.
|
0025| Section 25. [NEW MATERIAL] PENALTIES.--A person who
|
0001| violates a provision of the Video Gambling Act or regulation
|
0002| adopted pursuant to that act is guilty of a misdemeanor and
|
0003| shall be sentenced pursuant to the provisions of Section 31-19-1
|
0004| NMSA 1978. A person convicted pursuant to this section is
|
0005| prohibited from owning, operating or participating in the
|
0006| proceeds from the manufacture, distribution or operation of a
|
0007| video gambling machine or slot machine for a period of five
|
0008| years after the date of the conviction.
|
0009| Section 26. [NEW MATERIAL] FUND CREATED.--There is
|
0010| created in the state treasury the "machine gambling fund". All
|
0011| money in the fund and all interest attributable to it is
|
0012| appropriated to the department for the purpose of carrying out
|
0013| the provisions of the Video Gambling Act. All fees and the net
|
0014| receipts of the machine gambling tax paid pursuant to the Video
|
0015| Gambling Act or regulations adopted pursuant to that act shall
|
0016| be credited to the fund. Balances in the fund at the end of a
|
0017| fiscal year shall revert to the general fund.
|
0018| Section 27. [NEW MATERIAL] SHORT TITLE.--Sections 27
|
0019| through 47 of this act may be cited as the "Charity Games Act".
|
0020| Section 28. [NEW MATERIAL] PURPOSE OF ACT.--The purpose
|
0021| of the Charity Games Act is to make lawful and regulate the
|
0022| conduct of specific games of chance by certain nonprofit
|
0023| organizations. The legislature declares that the raising of
|
0024| funds for the promotion of certain nonprofit organizations is in
|
0025| the public interest as is participation in the activities
|
0001| authorized in that act.
|
0002| Section 29. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0003| Charity Games Act:
|
0004| A. "bingo" means the game commonly known as bingo in
|
0005| which prizes are awarded on the basis of designated numbers or
|
0006| symbols on a card conforming to numbers or symbols selected at
|
0007| random and in which no cards are sold except at the time and
|
0008| place of the game;
|
0009| B. "bingo hall permit" means a permit issued by the
|
0010| department to a commercial lessor for premises that have been
|
0011| approved by the department for the conduct of games of chance by
|
0012| more than two licensed qualified organizations;
|
0013| C. "commercial lessor" means a person who leases
|
0014| premises to two or more licensed qualified organizations for the
|
0015| conduct of lawful games of chance;
|
0016| D. "department" means the regulation and licensing
|
0017| department, the superintendent of regulation and licensing or an
|
0018| employee of the department exercising authority lawfully
|
0019| delegated to that employee by the superintendent;
|
0020| E. "distributor" means a person who purchases or
|
0021| obtains equipment, devices or supplies used in games of chance
|
0022| and who sells or otherwise furnishes those items to another
|
0023| person for use, resale, display or operation of the equipment,
|
0024| devices or supplies in this state;
|
0025| F. "electronic bingo" means a game in which a player
|
0001| uses an electronic device that simulates the numbers and symbols
|
0002| on a card in bingo for the opportunity to win a prize;
|
0003| G. "equipment" means:
|
0004| (1) with respect to bingo, the receptacle and
|
0005| numbered objects drawn from it; the master board upon which the
|
0006| numbered objects are placed as drawn; the cards or sheets
|
0007| bearing numbers or other designations to be covered and the
|
0008| objects used to cover them; the board or signs, however
|
0009| operated, used to announce or display the numbers or
|
0010| designations as they are drawn; the public address system; and
|
0011| all other articles essential to the operation, conduct and
|
0012| playing of bingo; or
|
0013| (2) with respect to raffle, implements, devices
|
0014| and machines designed, intended or used for the conduct of
|
0015| raffle and the identification of the winning number or unit and
|
0016| the ticket or other evidence or right to participate in raffle;
|
0017| H. "game manager" means a person, whether
|
0018| compensated or not, who is responsible for operating and
|
0019| controlling authorized games of chance and to whom a licensed
|
0020| qualified organization has delegated the authority to make
|
0021| decisions regarding the operation of the games;
|
0022| I. "game of chance" means bingo, raffle, pull tabs,
|
0023| electronic bingo or lottery game;
|
0024| J. "gross profit" means gross receipts less the
|
0025| amount actually expended for prizes;
|
0001| K. "gross receipts" means receipts from the sale of
|
0002| shares, tickets or rights in any manner connected with
|
0003| participation in a game of chance or the right to participate in
|
0004| a game of chance, including any admission fee or charge,
|
0005| receipts from the sale of equipment or supplies and all other
|
0006| miscellaneous receipts;
|
0007| L. "lawful purpose" means the primary purpose for
|
0008| which a qualified organization is formed;
|
0009| M. "lessor" means a person who leases premises to a
|
0010| qualified organization for the conduct of lawful games of
|
0011| chance;
|
0012| N. "licensed premises" means premises in or on
|
0013| which licensed games of chance are conducted, as approved for a
|
0014| licensed qualified organization by the department;
|
0015| O. "licensee" means a person to whom a license under
|
0016| the Charity Games Act is issued by the department;
|
0017| P. "lottery game" means an instant lottery game
|
0018| authorized and conducted pursuant to the New Mexico Lottery Act
|
0019| or the Charity Games Act;
|
0020| Q. "manufacturer" means a person who assembles from
|
0021| raw materials or subparts a completed piece of equipment or
|
0022| pieces of equipment, devices or supplies for conducting games of
|
0023| chance and who sells or furnishes the equipment, devices or
|
0024| supplies to a distributor and includes a person who converts,
|
0025| modifies, adds to or removes parts from any equipment used in a
|
0001| game of chance;
|
0002| R. "member" means an individual who has qualified
|
0003| for membership in a qualified organization pursuant to its
|
0004| charter, articles of incorporation, bylaws, rules or other
|
0005| written statement, and that action is recorded in the official
|
0006| minutes of a regular meeting, or an individual who has held full
|
0007| and regular membership status in the organization for a period
|
0008| of not less than twelve consecutive months prior to
|
0009| participation in the management or operation of any games of
|
0010| chance pursuant to the Charity Games Act;
|
0011| S. "net profit" mean gross receipts less the prizes
|
0012| paid, expenses, charges, fees and deductions specifically
|
0013| authorized pursuant to the Charity Games Act;
|
0014| T. "occasion" means a single gathering or session at
|
0015| which a series of one or more games of chance is played;
|
0016| U. "person" means an individual or other legal
|
0017| entity;
|
0018| V. "premises" means all or the part of a building or
|
0019| property used for the purpose of playing a game of chance;
|
0020| W. "pull tab" means a single folded or banded ticket
|
0021| or card, the face of which is initially covered or otherwise
|
0022| hidden from view to conceal one or more numbers or symbols, and
|
0023| the ticket or card is part of a set of tickets or cards out of
|
0024| which some tickets or cards have been designated prior to use in
|
0025| pull tabs as winning tickets or cards;
|
0001| X. "pull tabs" means a game in which a person pays
|
0002| directly or indirectly some consideration for the opportunity to
|
0003| obtain a pull tab, view the numbers or symbols on it and
|
0004| possibly obtain a prize-winning pull tab but does not include
|
0005| any activity that is authorized and regulated pursuant to the
|
0006| New Mexico Lottery Act;
|
0007| Y. "qualified organization" means an organization
|
0008| described in Paragraphs (1) through (8) of this subsection that
|
0009| has been granted an exemption from federal income tax by the
|
0010| United States commissioner of internal revenue as an
|
0011| organization described in Section 501(c) of the Internal Revenue
|
0012| Code of 1986, as amended, that is exempt from state income tax
|
0013| pursuant to Section 7-2-4 NMSA 1978 and that is not organized or
|
0014| operated primarily for the purpose of conducting gaming
|
0015| activities:
|
0016| (1) a charitable organization that is not
|
0017| organized for pecuniary profit, is operated for the relief of
|
0018| poverty, distress or other condition of public concern in New
|
0019| Mexico and has been operated for those purposes for three years
|
0020| immediately prior to making application for a license pursuant
|
0021| to the Charity Games Act;
|
0022| (2) an educational organization within the
|
0023| state that is not organized for pecuniary profit, has as its
|
0024| primary purpose an educational endeavor designed to develop the
|
0025| capabilities of individuals by instruction and has been in
|
0001| existence in New Mexico for three years immediately prior to
|
0002| making application for a license pursuant to the Charity Games
|
0003| Act;
|
0004| (3) a labor organization within the state that
|
0005| is not organized for pecuniary profit, exists for the sole
|
0006| purpose of dealing with employers on behalf of their employees
|
0007| concerning grievances, labor disputes, wages, rates of pay,
|
0008| hours of employment or conditions of work and has been in
|
0009| existence in New Mexico for three years immediately prior to
|
0010| making application for a license pursuant to the Charity Games
|
0011| Act;
|
0012| (4) a voluntary firemen's organization within
|
0013| the state that is not organized for pecuniary profit, exists for
|
0014| the sole purpose of providing fire-fighting and rescue services
|
0015| to specific communities and has been in existence in New Mexico
|
0016| for three years immediately prior to making application for a
|
0017| license pursuant to the Charity Games Act;
|
0018| (5) an environmental organization within the
|
0019| state that is not organized for pecuniary profit, is primarily
|
0020| concerned with the protection and preservation of the natural
|
0021| environment and has existed in New Mexico for three years
|
0022| immediately prior to making application for a license pursuant
|
0023| to the Charity Games Act;
|
0024| (6) a religious organization, including any
|
0025| church, temple, synagogue or other house of worship or bona fide
|
0001| religious congregation within the state, that is not organized
|
0002| for pecuniary profit, whose members gather in common membership
|
0003| at a specific location on specified dates and times for mutual
|
0004| support and edification in piety, worship and religious
|
0005| observances or for religious purposes and that has existed in
|
0006| New Mexico for three years immediately prior to making
|
0007| application for a license pursuant to the Charity Games Act;
|
0008| (7) a fraternal organization within this state
|
0009| that is not organized for pecuniary profit and that:
|
0010| (a) is a branch, lodge or chapter of a
|
0011| national or state organization and exists for the common
|
0012| business, brotherhood or other interests of its members;
|
0013| (b) has existed in New Mexico for at
|
0014| least three years immediately prior to making application for a
|
0015| license under the Charity Games Act; and
|
0016| (c) is not a college or high school
|
0017| fraternity or sorority; and
|
0018| (8) a veterans' organization within this state,
|
0019| or any branch, lodge or chapter of a national or state
|
0020| organization within this state, that is not organized for
|
0021| pecuniary profit, the membership of which consists entirely of
|
0022| individuals who were members of the armed services or forces of
|
0023| the United States and that has been in existence in New Mexico
|
0024| for at least three years immediately prior to making application
|
0025| for a license pursuant to the Charity Games Act;
|
0001| Z. "raffle" means a game in which individual tickets
|
0002| are sold and a prize or prizes are awarded, with the winner
|
0003| determined by a random drawing that takes place at a set
|
0004| location and date and includes door prizes but does not include
|
0005| any activity that is authorized and regulated under the New
|
0006| Mexico Lottery Act; and
|
0007| AA. "substantial interest" means the interest a
|
0008| person has in an organization, association or business as
|
0009| follows:
|
0010| (1) if, with respect to a sole proprietorship,
|
0011| an individual or his spouse owns, operates, manages or conducts,
|
0012| directly or indirectly, any part of the organization,
|
0013| association or business;
|
0014| (2) if, with respect to a partnership, the
|
0015| individual or his spouse has a right to a share in any of the
|
0016| profits or potential profits of the partnership activities;
|
0017| (3) if, with respect to a corporation, an
|
0018| individual or his spouse is an officer or director of or the
|
0019| individual or his spouse is a holder, directly or beneficially,
|
0020| of five percent or more of any class of stock of the
|
0021| corporation;
|
0022| (4) if, with respect to an organization not
|
0023| covered by Paragraph (1), (2) or (3) of this subsection, an
|
0024| individual or his spouse is an officer or manages the business
|
0025| affairs of the organization or the individual or his spouse
|
0001| owns, controls or has the right to control five percent or more
|
0002| of the assets of the organization; or
|
0003| (5) if an individual or his spouse provides ten
|
0004| percent or more of the capital, whether in cash, goods or
|
0005| services, for the operation of a business, association or
|
0006| organization during a calendar year.
|
0007| Section 30. [NEW MATERIAL] REGULATIONS.--
|
0008| A. The department may make and adopt regulations
|
0009| necessary to implement the Charity Games Act, including
|
0010| regulations that establish the type, scope and manner of
|
0011| conducting the games of chance authorized by that act. Except
|
0012| as provided in Subsection B of this section, no regulation
|
0013| affecting any person or agency outside the department shall be
|
0014| adopted, amended or repealed without a public hearing on the
|
0015| proposed action before the department or a designated hearing
|
0016| officer. The public hearing shall be held in Santa Fe county.
|
0017| Notice of the subject matter of the regulation; the date, time
|
0018| and place of the public hearing; the manner in which interested
|
0019| persons may present their views; and the method by which copies
|
0020| of the proposed regulation, amendment or repeal may be obtained
|
0021| shall be published once at least thirty days prior to the
|
0022| hearing date in a newspaper of general circulation. All
|
0023| regulations shall be filed in accordance with the State Rules
|
0024| Act.
|
0025| B. If the department determines that an emergency
|
0001| exists that requires immediate action to implement or enforce
|
0002| the provisions of the Charity Games Act, it may adopt a
|
0003| regulation or amend or repeal a regulation without notice and
|
0004| hearing, and the emergency action shall be effective immediately
|
0005| upon its filing pursuant to the State Rules Act. The emergency
|
0006| action shall not continue in effect longer than forty-five days
|
0007| unless within that time the department commences proceedings to
|
0008| ratify the emergency action by issuing the notice required in
|
0009| Subsection A of this section. If the department commences
|
0010| proceedings by issuing the notice, the emergency action shall
|
0011| remain in effect until ratified or until the procedures are
|
0012| otherwise completed.
|
0013| C. Regulations adopted by the department may include
|
0014| any provisions the department deems appropriate to ensure the
|
0015| integrity, honesty and security of the conduct of games of
|
0016| chance.
|
0017| Section 31. [NEW MATERIAL] ORGANIZATIONS AND PERSONS
|
0018| ELIGIBLE FOR LICENSES--FEES.--
|
0019| A. A qualified organization that has had, since the
|
0020| date of filing an application for a license pursuant to the
|
0021| Charity Games Act and during the entire three-year period
|
0022| preceding the filing of its application, an active membership
|
0023| engaged in carrying out the objects of the organization may be
|
0024| issued a license by the department pursuant to the Charity Games
|
0025| Act if it complies with all requirements for the licensure
|
0001| pursuant to that act and regulations adopted by the department.
|
0002| B. Manufacturers, distributors, commercial lessors
|
0003| and game managers who comply with the requirements of the
|
0004| Charity Games Act and regulations of the department may be
|
0005| issued licenses pursuant to the Charity Games Act.
|
0006| C. No manufacturer, distributor or commercial lessor
|
0007| or any person who has a substantial interest in a manufacturer,
|
0008| distributor or commercial lessor may be a game manager.
|
0009| D. The department shall adopt regulations
|
0010| establishing licensing fees. The amount of the fees shall bear
|
0011| a direct relationship to the costs estimated to be incurred by
|
0012| the department in administering the Charity Games Act. The
|
0013| department may establish different classes of licenses within a
|
0014| category of license and may provide for different fees for the
|
0015| different classes. License fees may be based on the estimated
|
0016| gross receipts of the licensee. Fees for the following licenses
|
0017| shall not exceed the indicated amounts:
|
0018| (1) commercial lessor, two hundred fifty
|
0019| dollars ($250);
|
0020| (2) bingo hall permits, five hundred dollars
|
0021| ($500); and
|
0022| (3) game manager, one hundred dollars ($100).
|
0023| E. The holder of any license issued pursuant to the
|
0024| Charity Games Act has no vested property right in the license.
|
0025| The license is the property of the state. Licenses issued
|
0001| pursuant to the Charity Games Act are not subject to sale,
|
0002| lease, devise, transfer, assignment, execution, attachment, a
|
0003| security transaction, liens or receivership.
|
0004| F. All licenses issued pursuant to the Charity Games
|
0005| Act shall be issued for a period of two years.
|
0006| G. In addition to basic license or permit fees, the
|
0007| department may require additional fees of manufacturers,
|
0008| distributors and commercial lessors necessary to defray the
|
0009| costs of background investigations, including but not limited to
|
0010| costs for applicants for whom background information is not
|
0011| readily available. The department shall adopt regulations for
|
0012| the assessment and reasonable notice of time for payment of the
|
0013| additional fees.
|
0014| H. The department may issue temporary or provisional
|
0015| licenses for periods not to exceed sixty days.
|
0016| Section 32. [NEW MATERIAL] APPLICATION FOR LICENSE--GENERAL PROVISIONS GOVERNING LICENSURE.--
|
0017| A. Any person seeking licensure pursuant to the
|
0018| Charity Games Act shall submit an application to the department
|
0019| on forms provided by the department. The application shall
|
0020| contain information required by regulation of the department.
|
0021| In addition to the information required on the application form,
|
0022| the department may require the applicant to furnish additional
|
0023| information the department deems necessary to fulfill the
|
0024| purposes and requirements of the Charity Games Act.
|
0025| B. An applicant for a license shall, during pendency
|
0001| of the application, notify the department immediately of any
|
0002| change respecting any facts set forth in the application. A
|
0003| change occurring after the issuance of a license shall be
|
0004| reported to the department within ten days of the date of the
|
0005| change. A licensee shall notify the department of a change in
|
0006| its organization, structure or mode of operation or a change in
|
0007| the identity of or the nature or extent of an interest held by
|
0008| persons named or required to be named in the application.
|
0009| Failure to give a required notice of change is cause for denial
|
0010| of an application for a license or suspension or revocation of a
|
0011| license that has been issued.
|
0012| C. The department may require fingerprinting of and
|
0013| background checks on any person seeking licenses pursuant to the
|
0014| Charity Games Act, any person holding an interest in games of
|
0015| chance or a building or equipment to be used for conducting
|
0016| games of chance or any person participating as an employee in
|
0017| the operation of games of chance. The department may establish
|
0018| and assess fees to defray the expenses of fingerprinting and
|
0019| conducting background checks.
|
0020| Section 33. [NEW MATERIAL] QUALIFIED ORGANIZATION
|
0021| LICENSE.--
|
0022| A. A license may be issued to a qualified
|
0023| organization to conduct games of chance.
|
0024| B. A qualified organization shall designate in its
|
0025| license application a game manager and up to two assistant game
|
0001| managers, who shall be members of the organization, designated
|
0002| as responsible for the conduct of the games of chance on each
|
0003| occasion.
|
0004| C. A qualified organization shall designate in its
|
0005| license application a member of the organization to be the
|
0006| financial officer in full charge and primarily responsible for
|
0007| the proper distribution of the organization's net profits in
|
0008| accordance with the Charity Games Act.
|
0009| D. An applicant for a qualified organization license
|
0010| shall have at the time of application and licensing at least
|
0011| twenty-five members.
|
0012| E. An applicant for a qualified organization license
|
0013| shall not have as an officer or member of its governing body any
|
0014| person who, within two years prior to issuance of the license,
|
0015| has had a license issued by the department revoked for a
|
0016| violation of law or department regulations.
|
0017| F. If premises are to be leased or rented by the
|
0018| qualified organization applying for a license, a copy of the
|
0019| lease or rental agreement shall be provided with the
|
0020| application.
|
0021| Section 34. [NEW MATERIAL] COMMERCIAL LESSOR'S
|
0022| LICENSE.--
|
0023| A. A commercial lessor's license may be issued to a
|
0024| person desiring to lease premises to more than one qualified
|
0025| organization. No person may lease premises to more than one
|
0001| qualified organization for the conduct of games of chance unless
|
0002| the person has a commercial lessor's license for the premises to
|
0003| be leased. A lessor may not lease premises for the conduct of
|
0004| games of chance at more than one location without a separate
|
0005| commercial lessor's license for each location. The department
|
0006| may issue one or more commercial lessor's licenses to a person
|
0007| who applies and complies with the requirements for licensure
|
0008| contained in the Charity Games Act and department regulations.
|
0009| B. The following persons are not eligible for a
|
0010| commercial lessor's license:
|
0011| (1) an elected or appointed public officer or
|
0012| employee;
|
0013| (2) a person who extends credit to, loans money
|
0014| to or pays or provides for the payment of license fees for a
|
0015| qualified organization; or
|
0016| (3) a person married or related in the first
|
0017| degree by consanguinity or affinity to one of those persons
|
0018| listed in Paragraph (1) or (2) of this subsection.
|
0019| C. No commercial lessor may lease premises to more
|
0020| than seven licensed qualified organizations for the conduct of
|
0021| games of chance.
|
0022| D. No lessor or commercial lessor shall directly or
|
0023| indirectly:
|
0024| (1) provide to the players, patrons, spectators
|
0025| or charitable organization members or workers present at the
|
0001| lessor's premises anything of economic value in the form of a
|
0002| gift or prize, regardless of whether or not compensation is
|
0003| required for receipt of the prize or gift;
|
0004| (2) loan money to a qualified organization to
|
0005| which premises are leased, but a lessor or commercial lessor may
|
0006| forebear or reduce the rent to an amount less than the amount
|
0007| stipulated by written lease as the lessor or commercial lessor
|
0008| does not reclaim the amount of any reduction or forbearance; or
|
0009| (3) sell, donate or otherwise distribute rights
|
0010| of participation in any game of chance.
|
0011| E. No lessor, commercial lessor or an employee or
|
0012| agent of a lessor or commercial lessor, and no owner of premises
|
0013| or any person having a substantial interest in the owner, lessor
|
0014| or commercial lessor, shall take part in, share in the proceeds
|
0015| from the conduct of or assist with the holding, operating or
|
0016| conduct of a game of chance. The department may by regulation
|
0017| further define or list the types of activity that constitute
|
0018| prohibited participation in the conduct of a game of chance.
|
0019| F. The department shall issue bingo hall permits in
|
0020| accordance with regulations.
|
0021| G. No lessor, commercial lessor or person having a
|
0022| substantial interest in a lessor or commercial lessor shall:
|
0023| (1) serve as an officer, director or member of
|
0024| the governing body of any licensed qualified organization that
|
0025| rents, leases or uses the premises of the lessor or commercial
|
0001| lessor for conducting games of chance; or
|
0002| (2) provide accounting services to a licensed
|
0003| qualified organization conducting games of chance on premises
|
0004| leased from the lessor or commercial lessor.
|
0005| H. No lease or contract between a qualified
|
0006| organization licensee and a lessor or commercial lessor shall
|
0007| provide for consideration based upon a percentage or share in
|
0008| the proceeds from the conduct of any game of chance by the
|
0009| qualified organization licensee.
|
0010| Section 35. [NEW MATERIAL] MANUFACTURER'S AND
|
0011| DISTRIBUTOR'S LICENSES.--
|
0012| A. No person may sell, supply or store for the
|
0013| purpose of sale to a person in this state or for use in this
|
0014| state supplies, devices or equipment designed to be used in
|
0015| playing games of chance or engage in any intrastate activities
|
0016| involving those items, unless the manufacturer or distributor
|
0017| has a current manufacturer's or distributor's license issued by
|
0018| the department.
|
0019| B. An applicant for a manufacturer's or
|
0020| distributor's license shall file with the department a written
|
0021| application on a form prescribed by the department.
|
0022| C. The following persons are not eligible for a
|
0023| manufacturer's or distributor's license:
|
0024| (1) an elected or appointed public officer or
|
0025| public employee;
|
0001| (2) a person who conducts, promotes or
|
0002| administers or assists in conducting, promoting or administering
|
0003| games of chance for which a license is required by the Charity
|
0004| Games Act;
|
0005| (3) a person who has had a license to
|
0006| manufacture or distribute gaming equipment, devices or supplies
|
0007| revoked by another state within one year preceding the date of
|
0008| application; or
|
0009| (4) an individual related in the first degree
|
0010| by consanguinity or affinity to an individual ineligible to
|
0011| receive a license pursuant to the Charity Games Act.
|
0012| D. The Charity Games Act does not apply to
|
0013| manufacturers or distributors licensed by the New Mexico lottery
|
0014| authority who do not sell or supply or offer to sell or supply
|
0015| equipment, devices or supplies for use by licensed qualified
|
0016| organizations.
|
0017| E. No manufacturer or distributor shall solicit
|
0018| sales or sell or ship equipment for games of chance for use or
|
0019| storage in this state before a license is issued to the
|
0020| manufacturer or distributor by the department.
|
0021| F. No distributor shall rent or lease equipment to a
|
0022| licensed qualified organization on an income-sharing basis or on
|
0023| a percentage-of-income-sharing basis.
|
0024| Section 36. [NEW MATERIAL] GAME MANAGER'S LICENSE.--
|
0025| A. All games of chance conducted by a licensed
|
0001| qualified organization shall be under the supervision of a game
|
0002| manager or assistant game manager. A game manager designated by
|
0003| an organization is responsible for the gross receipts of the
|
0004| organization and for the conduct of all games of chance in
|
0005| compliance with all laws and regulations.
|
0006| B. A licensed qualified organization may not have
|
0007| more than one game manager and two assistant game managers at
|
0008| any time.
|
0009| C. A person may not serve as a game manager for a
|
0010| licensed qualified organization unless the person possesses a
|
0011| valid game manager's license issued by the department. The
|
0012| department shall not issue a game manager's license to a person
|
0013| who is a manufacturer, distributor, lessor, commercial lessor or
|
0014| person having a substantial financial interest in a
|
0015| manufacturer, distributor, lessor or commercial lessor.
|
0016| D. The department may by regulation require all game
|
0017| managers to receive training prior to assuming the duties of a
|
0018| game manager and periodic training regarding the laws and
|
0019| regulations governing lawful games of chance.
|
0020| Section 37. [NEW MATERIAL] DENIAL, SUSPENSION OR
|
0021| REVOCATION OF LICENSE.--
|
0022| A. If, for reasons beyond the control of the
|
0023| department, sufficient information is not available to allow the
|
0024| department to determine the eligibility of an applicant for a
|
0025| license authorized to be issued pursuant to the Charity Games
|
0001| Act, the department may deny the application unless and until
|
0002| the applicant provides the required information.
|
0003| B. The department shall deny an application, or
|
0004| suspend or revoke any license or permit issued by it, if the
|
0005| applicant or licensee or any person with a substantial interest
|
0006| in the applicant or licensee:
|
0007| (1) has ever been convicted of a felony or any
|
0008| offense punishable by one year or more in prison, a crime
|
0009| involving gambling or assault or a criminal violation involving
|
0010| the use of a firearm;
|
0011| (2) has violated, failed or refused to comply
|
0012| with the provisions, requirements, conditions, limitations or
|
0013| duties imposed by the Charity Games Act or any regulation
|
0014| adopted by the department pursuant to that act;
|
0015| (3) knowingly causes, aids, abets or conspires
|
0016| with another to cause any person to violate any of the
|
0017| provisions of the Charity Games Act or the regulations of the
|
0018| department adopted pursuant to that act;
|
0019| (4) has obtained a license or permit by fraud,
|
0020| misrepresentation, concealment or through inadvertence or
|
0021| mistake;
|
0022| (5) has been convicted of or forfeited bond
|
0023| upon a charge of or pleaded guilty to forgery, larceny,
|
0024| extortion, conspiracy to defraud, willful failure to make
|
0025| required payments or reports to a governmental agency at any
|
0001| level, filing false reports therewith, any similar offense or
|
0002| offenses, bribing or otherwise unlawfully influencing a public
|
0003| official or employee of any state or the United States or any
|
0004| crime, whether a felony or misdemeanor, involving any game of
|
0005| chance or physical harm to individuals or involving moral
|
0006| turpitude;
|
0007| (6) makes a misrepresentation of or fails to
|
0008| disclose a material fact to the department;
|
0009| (7) if a qualified organization, has failed to
|
0010| earn a net profit during any calendar year from the conduct of
|
0011| games of chance; or
|
0012| (8) is subject to current prosecution for any
|
0013| offense described in Paragraphs (1) through (6) of this
|
0014| subsection.
|
0015| C. If any license is revoked, the holder of the
|
0016| revoked license is not eligible to apply for another license
|
0017| until after the expiration of the period of one year from the
|
0018| date of such revocation or such longer period of time as the
|
0019| department may reasonably determine, not to exceed five years.
|
0020| The licensee shall be notified in writing at the time of
|
0021| revocation of the period of ineligibility and the reasons for
|
0022| the determination.
|
0023| D. When the department contemplates taking any
|
0024| action against an applicant or licensee to refuse to issue or
|
0025| renew or to revoke or suspend a license, it shall serve written
|
0001| notice upon the applicant or licensee containing the following:
|
0002| (1) a statement that the department has
|
0003| sufficient evidence, which if not rebutted or explained, will
|
0004| justify the department in taking the contemplated action;
|
0005| (2) a statement indicating the general nature
|
0006| of the evidence; and
|
0007| (3) a statement advising the applicant or
|
0008| licensee that unless the applicant or licensee within twenty
|
0009| days after service of the notice delivers a written request for
|
0010| hearing to the department, the department will take the
|
0011| contemplated action.
|
0012| E. If the applicant or licensee does not deliver a
|
0013| request for hearing within the time required by this section,
|
0014| the department may take the action contemplated in the notice,
|
0015| and such action shall be final and not subject to judicial
|
0016| review.
|
0017| F. If the applicant or licensee delivers a request
|
0018| for hearing within the time required by this section, the
|
0019| department shall, within twenty days of receipt of the request,
|
0020| notify the applicant or licensee of the time and place of
|
0021| hearing and the name of the person who shall conduct the hearing
|
0022| for the department, which hearing shall be held not more than
|
0023| sixty nor less than fifteen days from the date of service of the
|
0024| notice of hearing.
|
0025| G. All hearings under this section shall be held in
|
0001| Santa Fe county.
|
0002| H. The department may conduct the hearings or have
|
0003| them conducted by a hearing officer appointed by the department.
|
0004| I. All hearings shall be open to the public.
|
0005| J. A licensee or applicant entitled to and
|
0006| requesting a hearing shall have the right to be represented by
|
0007| counsel, to present all relevant evidence, to examine all
|
0008| opposing witnesses and to have subpoenas issued by the
|
0009| department to compel the attendance of witnesses and the
|
0010| production of documents.
|
0011| K. The department or hearing officer may impose any
|
0012| appropriate evidentiary sanction against a party who fails to
|
0013| provide discovery or to comply with a subpoena.
|
0014| L. The department or hearing officer shall cause a
|
0015| complete record to be made of all evidence received during the
|
0016| course of a hearing.
|
0017| M. After a hearing has been completed, the
|
0018| department shall render its decision as soon as is practicable.
|
0019| N. Any applicant or licensee who, after a properly
|
0020| requested hearing, is aggrieved by an adverse decision of the
|
0021| department may obtain a review of the decision in the district
|
0022| court of Santa Fe county by filing with the court a petition for
|
0023| review within twenty days after the date of service of the
|
0024| decision. Failure to file a petition for review in the manner
|
0025| and within the time stated shall operate as a waiver of the
|
0001| right to judicial review and shall result in the decision of the
|
0002| department becoming final.
|
0003| O. Upon the review of any decision of the
|
0004| department, the district judge shall sit without a jury and may
|
0005| hear oral arguments and receive written briefs, but evidence not
|
0006| offered at the hearing shall not be taken. The court shall
|
0007| affirm the decision of the department unless it finds that the
|
0008| substantial rights of the petitioner have been prejudiced
|
0009| because the decision was in violation of constitutional
|
0010| provisions in excess of the statutory authority or jurisdiction
|
0011| of the department, made upon unlawful procedure, affected by
|
0012| other error of law unsupported by substantial evidence based
|
0013| upon a review of the entire record submitted, arbitrary or
|
0014| capricious.
|
0015| P. Any party to the review proceeding in the
|
0016| district court, including the department, may appeal to the
|
0017| supreme court from the decision of the district court.
|
0018| Section 38. [NEW MATERIAL] CONDUCT OF GAMES--PREMISES--EQUIPMENT--GENERAL PROVISIONS.--
|
0019| A. A qualified organization holding a current
|
0020| qualified organization license pursuant to the Charity Games Act
|
0021| may conduct the following specific games of chance as defined
|
0022| and restricted by the Charity Games Act and the regulations of
|
0023| the department:
|
0024| (1) bingo;
|
0025| (2) pull tabs;
|
0001| (3) electronic bingo;
|
0002| (4) raffle; or
|
0003| (5) lottery game.
|
0004| B. Each license issued to a qualified organization
|
0005| shall be in a form prescribed by the department and shall be
|
0006| conspicuously displayed at the place where any game of chance is
|
0007| being conducted at all times during the conduct of the game and
|
0008| for at least thirty minutes after the last game has been
|
0009| concluded or the premises are vacated, whichever is earlier.
|
0010| C. A licensed qualified organization may not conduct
|
0011| games of chance at any location other than the single location
|
0012| approved as its licensed premises by the department, except as
|
0013| follows:
|
0014| (1) upon prior written approval of the
|
0015| department, the licensee may conduct one of its sessions of
|
0016| games of chance each year at a temporary location for a special
|
0017| event or similar purpose; and
|
0018| (2) a veterans' organization that is a licensee
|
0019| pursuant to the Charity Games Act and whose licensed premises is
|
0020| located in a bingo hall may obtain from the department a
|
0021| separate permit authorizing the sale of paper pull tabs at its
|
0022| chapter or post location, provided that the chapter or post
|
0023| location is restricted to members and bona fide guests of the
|
0024| members of the licensee organization.
|
0025| D. No person shall hold, operate or conduct any game
|
0001| of chance under a qualified organization license issued pursuant
|
0002| to the Charity Games Act except under the supervision of a
|
0003| licensed game manager. The game manager and any assistant game
|
0004| managers shall be active members of the qualified organization
|
0005| licensed to conduct games of chance, except that a game manager
|
0006| licensed pursuant to the Charity Games Act may supervise games
|
0007| for licensed qualified organizations other than the organization
|
0008| of which he is a member. The department shall be notified in
|
0009| writing of a change in game managers. Notification shall be
|
0010| made prior to the date that the new game manager assumes the
|
0011| prior game manager's duties. The game manager or assistant game
|
0012| manager shall supervise all activities on the occasion for which
|
0013| he is in charge and be responsible for making all reports
|
0014| required of the conduct of games and accounting for gross
|
0015| receipts.
|
0016| E. No person shall assist in the holding, operating
|
0017| or conducting of any games of chance pursuant to a qualified
|
0018| organization license except an active member of the licensee or
|
0019| a member of an organization or association that is an auxiliary
|
0020| to the licensee, a member of an organization or association of
|
0021| which the licensee is an auxiliary or a member of an
|
0022| organization or association that is affiliated with the licensee
|
0023| by being, with it, auxiliary to another organization or
|
0024| association. This provision does not prohibit bookkeepers and
|
0025| accountants from assisting in preparation of required financial
|
0001| reports.
|
0002| F. No item of expense shall be incurred or paid in
|
0003| connection with the holding, operating or conducting of any game
|
0004| of chance held, operated or conducted pursuant to any license
|
0005| issued pursuant to the Charity Games Act except bona fide
|
0006| expenses in a reasonable amount for goods, wares and merchandise
|
0007| furnished or services rendered reasonably necessary for the
|
0008| holding, operating or conducting of the games of chance.
|
0009| G. The premises where any game of chance is being
|
0010| held, operated or conducted or where it is intended that any
|
0011| equipment be used shall at all times be open to inspection by
|
0012| the department, its agents and employees and by peace officers.
|
0013| H. No licensed qualified organization may obtain by
|
0014| purchase or any other manner equipment, devices or supplies from
|
0015| a person other than a distributor licensed pursuant to the
|
0016| Charity Games Act, except that a licensed qualified organization
|
0017| may make an occasional sale of equipment or supplies to another
|
0018| licensed qualified organization with the prior written
|
0019| permission of the department. No game of chance shall be
|
0020| conducted with any equipment except that which is owned or
|
0021| leased by the licensee.
|
0022| I. No game of chance shall be conducted more than
|
0023| five times in any one calendar week, with no game lasting more
|
0024| than four hours on each occasion and not more than two
|
0025| occasions in one calendar day by any one licensee.
|
0001| J. No alcoholic beverages may be dispensed, sold or
|
0002| consumed on any premises authorized for the conduct of lawful
|
0003| games of chance, except on the premises of licensed qualified
|
0004| organizations that are veterans' or fraternal organizations
|
0005| that:
|
0006| (1) hold a current club liquor license for such
|
0007| premises pursuant to the Liquor Control Act; and
|
0008| (2) restrict admittance to the premises
|
0009| licensed pursuant to the Charity Games Act and the Liquor
|
0010| Control Act exclusively to members of the organization and bona
|
0011| fide guests of the members who are twenty-one years of age or
|
0012| older.
|
0013| Section 39. [NEW MATERIAL] TAX IMPOSED--DENOMINATED AS
|
0014| CHARITY GAMES TAX--RATE--ADMINISTRATION AND ENFORCEMENT.--
|
0015| A. In addition to other taxes imposed by other state
|
0016| laws, an excise tax is imposed for the privilege of engaging in
|
0017| the activity of commercial leasing for the conduct of charity
|
0018| games authorized pursuant to the Charity Games Act. The tax is
|
0019| denominated as and shall be known as the "charity games tax".
|
0020| B. The charity games tax is imposed in an amount
|
0021| equal to ten percent of the receipts of a commercial lessor
|
0022| received pursuant to a contract or lease with a licensed
|
0023| qualified organization under which premises are leased, rented
|
0024| or provided to the licensed qualified organization for the
|
0025| conduct of games of chance authorized pursuant to the Charity
|
0001| Games Act.
|
0002| C. The charity games tax shall be paid to and
|
0003| administered and enforced by the taxation and revenue department
|
0004| pursuant to the provisions of the Tax Administration Act.
|
0005| Section 40. [NEW MATERIAL] REPORTING REQUIREMENTS.--
|
0006| A. Every qualified organization licensed to conduct
|
0007| games of chance and every applicant for a qualified organization
|
0008| license shall file quarterly reports, an annual financial report
|
0009| and an annual activity report containing the information
|
0010| required by department regulations. The information required by
|
0011| the department may include the information deemed necessary by
|
0012| the department to fully disclose the eligibility and ability of
|
0013| the organization to lawfully conduct games of chance, the
|
0014| participants in the operation of games of chance, the amount
|
0015| of gross receipts, gross profit and net profit, the distribution
|
0016| and utilization of all revenue from games of chance, the
|
0017| organization's progress in fulfillment of the purposes of the
|
0018| organization and the organization's compliance with the Charity
|
0019| Games Act. The department may take into account the nature and
|
0020| extent of the games of chance conducted or to be conducted by
|
0021| the licensee or applicant or otherwise in determining the extent
|
0022| of information required. Each licensed qualified organization
|
0023| or applicant for a qualified organization license shall maintain
|
0024| and keep the books and records necessary to substantiate the
|
0025| particulars of each report.
|
0001| B. Every manufacturer and distributor shall file
|
0002| quarterly reports providing information required by regulation
|
0003| of the department.
|
0004| C. Every commercial lessor shall file semiannual
|
0005| reports providing information required by regulation of the
|
0006| department.
|
0007| Section 41. [NEW MATERIAL] ACCOUNTING BY QUALIFIED
|
0008| ORGANIZATIONS--ALLOWABLE EXPENSES--GAME ACCOUNTS.--
|
0009| A. All money collected or received from the sale of
|
0010| admission, extra regular cards, special game cards, supplies and
|
0011| all other receipts from the conduct of games of chance shall be
|
0012| deposited in a special game account of the licensee, which shall
|
0013| contain only such money. All expenses for the game shall be
|
0014| withdrawn and paid directly from the game account by
|
0015| consecutively numbered checks duly signed by specified officers
|
0016| of the licensee and payable to a specific person or
|
0017| organization. There shall be written on the check the nature of
|
0018| the expense for which the check is drawn. No check shall be
|
0019| drawn to "cash" or a fictitious payee.
|
0020| B. Gross profits from games of chance may only be
|
0021| spent for allowable expenses or lawful purposes. Expenses may
|
0022| be incurred only for the following purposes:
|
0023| (1) the purchase of goods, wares and
|
0024| merchandise furnished;
|
0025| (2) payment for services rendered that are
|
0001| reasonably necessary for repairs of equipment owned by the
|
0002| licensee or operating or conducting games of chance;
|
0003| (3) rent if the premises are rented or for
|
0004| janitorial services if not rented;
|
0005| (4) reasonable accountants' fees and bank
|
0006| charges;
|
0007| (5) utilities that are not included in rent,
|
0008| such as telephone;
|
0009| (6) license fees and federal or state taxes
|
0010| imposed on gross receipts and on income from conducting games of
|
0011| chance pursuant to the Charity Games Act; and
|
0012| (7) the reasonable costs of an audit required
|
0013| by the department if the cost is approved by the department in
|
0014| writing.
|
0015| C. All of the net profits derived from the holding
|
0016| of games of chance shall be devoted to the lawful purposes of
|
0017| the qualified organization licensed to conduct the games.
|
0018| D. The department may by regulation establish the
|
0019| maximum amounts that may be expended for the allowable expenses
|
0020| specified in Subsection B of this section.
|
0021| Section 42. [NEW MATERIAL] CONFIDENTIAL INFORMATION.--
|
0022| A. The following information shall not be considered
|
0023| public record and is not subject to inspection under the
|
0024| Inspection of Public Records Act and shall not be revealed by
|
0025| the department except under order of a court of competent
|
0001| jurisdiction or with written permission of the owner or provider
|
0002| of the information:
|
0003| (1) technical manuals, instructions or wiring
|
0004| or logic diagrams for the machine;
|
0005| (2) listings of source codes and flow charts;
|
0006| (3) results of simulations and related
|
0007| information explaining simulation methodology;
|
0008| (4) model EPROMs or logic boards containing
|
0009| compiled programs; and
|
0010| (5) tax returns received from the internal
|
0011| revenue service or the taxation and revenue department.
|
0012| B. Information relating to the results of actual
|
0013| operations as shown on a machine's meter is not confidential and
|
0014| may be used to compile studies or reports.
|
0015| C. Persons with access to confidential information
|
0016| as described in Subsection A of this section may not use or
|
0017| reveal anything of a confidential nature outside the scope of
|
0018| its intended purpose.
|
0019| D. The department shall secure confidential
|
0020| information and restrict all persons from access, except
|
0021| designated employees whose duties include testing and
|
0022| interpretation of the information. Such information is not
|
0023| public record and may not be released to any member of the
|
0024| public.
|
0025| Section 43. [NEW MATERIAL] EXAMINATION OF BOOKS AND
|
0001| RECORDS.--
|
0002| A. The premises, equipment and all the books and
|
0003| records of any person or organization conducting games of chance
|
0004| authorized by the Charity Games Act and any person or
|
0005| organization receiving profits therefrom or having any interest
|
0006| therein shall be subject to inspection and audit at any
|
0007| reasonable time, with or without notice, upon demand, by the
|
0008| department, the secretary of public safety or his designee or
|
0009| the chief of police or the district attorney of any city, town
|
0010| or county in which the person or organization is located, for
|
0011| the purpose of determining compliance or noncompliance with the
|
0012| provisions of the Charity Games Act and any regulations or local
|
0013| ordinances incident thereto.
|
0014| B. Licensees shall provide any reports or records to
|
0015| the department relating to their activities pursuant to the
|
0016| Charity Games Act upon request.
|
0017| Section 44. [NEW MATERIAL] ACCESS TO INTERNAL REVENUE
|
0018| SERVICE INFORMATION.--Each applicant for a license pursuant to
|
0019| the Charity Games Act or current licensee, as a condition of
|
0020| licensure, shall grant the department or its authorized designee
|
0021| access to all tax returns maintained by the internal revenue
|
0022| service or the taxation and revenue department that have been
|
0023| filed on behalf of any individual having any ownership,
|
0024| managerial, directorship or financial interest in the applicant
|
0025| or the conduct of games of chance by the licensee and those of
|
0001| any entity applying for licensure under that act. The
|
0002| department shall consider those records when determining
|
0003| qualifications for initial licensure or other actions under the
|
0004| Charity Games Act.
|
0005| Section 45. [NEW MATERIAL] PENALTIES.--
|
0006| A. Every licensee; every officer, agent or employee
|
0007| of the licensee; and every other person or corporation who
|
0008| willfully violates or who procures, aids or abets in the willful
|
0009| violation of the Charity Games Act by making false statements or
|
0010| material omissions in any application or report filed with the
|
0011| department is guilty of a fourth degree felony and shall be
|
0012| sentenced pursuant to the provisions of Section 31-18-15 NMSA
|
0013| 1978.
|
0014| B. Any person who violates any other provision of
|
0015| the Charity Games Act or regulations adopted pursuant to that
|
0016| act is guilty of a misdemeanor and, upon conviction thereof,
|
0017| shall be sentenced pursuant to the provisions of Section 31-19-1
|
0018| NMSA 1978.
|
0019| C. A manufacturer or distributor who is not licensed
|
0020| pursuant to the Charity Games Act and who sells or attempts to
|
0021| sell equipment, devices or supplies to a qualified organization
|
0022| is guilty of a third degree felony and shall be sentenced
|
0023| pursuant to the provisions of Section 31-18-15 NMSA 1978.
|
0024| Section 46. [NEW MATERIAL] FUND CREATED.--There is
|
0025| created in the state treasury the "charity games fund". All
|
0001| fees and the net receipts of the charity games tax paid pursuant
|
0002| to the Charity Games Act or regulations adopted pursuant to that
|
0003| act shall be credited to the fund. All money in the fund and
|
0004| all interest attributable to it is appropriated to the
|
0005| department for the purpose of carrying out the provisions of the
|
0006| Charity Games Act. Money remaining in the fund at the end of
|
0007| each fiscal year shall revert to the general fund.
|
0008| Section 47. [NEW MATERIAL] RECREATIONAL BINGO EXEMPTED
|
0009| FROM ACT.--
|
0010| A. Nothing in the Charity Games Act prohibits a
|
0011| senior citizen group from conducting bingo at a senior citizen
|
0012| center if no person other than a player participating in the
|
0013| bingo game receives or becomes entitled to receive a part of the
|
0014| proceeds from the game and if no minor is permitted to
|
0015| participate in the conduct of the game or play the game.
|
0016| B. As used in this section, "senior citizen group"
|
0017| means an organization in which the majority of the membership
|
0018| consists of individuals who are fifty-five years of age or older
|
0019| and that has as its primary purpose and activity the provision
|
0020| of recreational or social activities for those individuals.
|
0021| Section 48. Section 6-24-5 NMSA 1978 (being Laws 1995,
|
0022| Chapter 155, Section 5) is amended to read:
|
0023| "6-24-5. NEW MEXICO LOTTERY AUTHORITY CREATED--BOARD OF
|
0024| DIRECTORS.--
|
0025| A. There is created a public body, politic and
|
0001| corporate, separate and apart from the state, constituting a
|
0002| governmental instrumentality to be known as the "New Mexico
|
0003| lottery authority". The authority is created and organized for
|
0004| the purpose of establishing and conducting the [New Mexico
|
0005| state] lottery to provide revenues for the public purposes
|
0006| designated by the New Mexico Lottery Act.
|
0007| B. The authority shall be governed by a board of
|
0008| directors composed of seven members who are residents of New
|
0009| Mexico appointed by the governor with the advice and consent of
|
0010| the senate. The members of the board of directors shall be
|
0011| prominent persons in their businesses or professions and shall
|
0012| be appointed so as to provide equitable geographical
|
0013| representation. No more than four members of the board shall be
|
0014| from any one political party. The governor shall consider
|
0015| appointing at least one member who has at least five years of
|
0016| experience as a law enforcement officer, at least one member who
|
0017| is an attorney admitted to practice in New Mexico and at least
|
0018| one member who is a certified public accountant certified in New
|
0019| Mexico.
|
0020| C. Board members shall be appointed for five-year
|
0021| terms. To provide for staggered terms, four of the initially
|
0022| appointed members shall be appointed for terms of five years and
|
0023| three members for terms of three years. Thereafter, all members
|
0024| shall be appointed for five-year terms. A vacancy shall be
|
0025| filled by appointment by the governor for the remainder of the
|
0001| unexpired term. A member shall serve until his replacement is
|
0002| confirmed by the senate. Board members shall be eligible for
|
0003| reappointment.
|
0004| D. The board shall select one of its members as
|
0005| chairman annually. A chairman may be selected for successive
|
0006| years. Members of the board may be removed by the governor for
|
0007| malfeasance, misfeasance or willful neglect of duty after
|
0008| reasonable notice and a public hearing unless the notice and
|
0009| hearing are expressly waived in writing by the member.
|
0010| E. The board shall hold regular meetings at the call
|
0011| of the chairman, but not less often than once each calendar
|
0012| quarter. A board meeting may also be called upon the request in
|
0013| writing of three or more board members. A majority of members
|
0014| then in office constitutes a quorum for the transaction of any
|
0015| business and for the exercise of any power or function of the
|
0016| authority.
|
0017| F. Board members shall receive no compensation for
|
0018| their services, but shall be paid expenses incurred in the
|
0019| conduct of authority business as allowed and approved by the
|
0020| authority in accordance with policies adopted by the board.
|
0021| G. A board member shall be subject to a background
|
0022| check and investigation to determine his fitness for office.
|
0023| The results of that background check shall be made available to
|
0024| the governor and the senate.
|
0025| H. Neither the members of the board of directors
|
0001| nor any person acting on behalf of the board, while acting
|
0002| within the scope of their authority, shall be subject to any
|
0003| personal liability for any action taken or omitted within that
|
0004| scope of authority."
|
0005| Section 49. Section 6-24-6 NMSA 1978 (being Laws 1995,
|
0006| Chapter 155, Section 6) is amended to read:
|
0007| "6-24-6. POWERS OF THE AUTHORITY.--
|
0008| A. The authority shall have any and all powers
|
0009| necessary or convenient to carry out and effectuate the purposes
|
0010| and provisions of the New Mexico Lottery Act that are not in
|
0011| conflict with the constitution of New Mexico and that are
|
0012| generally exercised by corporations engaged in entrepreneurial
|
0013| pursuits, including but without limiting the generality of the
|
0014| foregoing the power to:
|
0015| (1) sue and be sued;
|
0016| (2) adopt and alter a seal;
|
0017| (3) adopt, amend and repeal bylaws, rules,
|
0018| policies and procedures for the conduct of its affairs and its
|
0019| business;
|
0020| (4) procure or provide insurance;
|
0021| (5) hold copyrights, trademarks and service
|
0022| marks and enforce its rights with respect thereto;
|
0023| (6) initiate, supervise and administer the
|
0024| operation of the lottery in accordance with the provisions of
|
0025| the New Mexico Lottery Act and rules, policies and procedures
|
0001| adopted pursuant to that act;
|
0002| (7) enter into written agreements with one or
|
0003| more other states for the operation, participation in or
|
0004| marketing or promotion of a joint lottery or joint lottery
|
0005| games;
|
0006| (8) acquire or lease real property and make
|
0007| improvements thereon and acquire by lease or by purchase
|
0008| personal property, including but not limited to computers,
|
0009| mechanical, electronic and on-line equipment and terminals and
|
0010| intangible property, including but not limited to computer
|
0011| programs, systems and software;
|
0012| (9) enter into contracts to incur debt and
|
0013| borrow money in its own name and enter into financing agreements
|
0014| with the state, with agencies or instrumentalities of the
|
0015| state or with any commercial bank or credit provider;
|
0016| (10) receive and expend, in accordance with the
|
0017| provisions of the New Mexico Lottery Act, all money received
|
0018| from any lottery or nonlottery source for effectuating the
|
0019| purposes of the New Mexico Lottery Act;
|
0020| (11) administer oaths, take depositions, issue
|
0021| subpoenas and compel the attendance of witnesses and the
|
0022| production of books, papers, documents and other evidence
|
0023| relative to any investigation or proceeding conducted by the
|
0024| authority;
|
0025| (12) appoint and prescribe the duties of
|
0001| officers, agents and employees of the authority, including
|
0002| professional and administrative staff and personnel, and to fix
|
0003| their compensation, pay their expenses and provide a benefit
|
0004| program, including but not limited to a retirement plan and a
|
0005| group insurance plan;
|
0006| (13) select and contract with lottery vendors
|
0007| and lottery retailers;
|
0008| (14) enter into contracts or agreements with
|
0009| state, local or federal law enforcement agencies or private
|
0010| investigators or other persons for the performance of law
|
0011| enforcement, background investigations and security checks;
|
0012| (15) enter into agreements with the
|
0013| superintendent of regulation and licensing and the department of
|
0014| public safety to monitor, enable and disable video gambling
|
0015| machines and slot machines, perform electronic funds transfers
|
0016| and other services relating to the operation and administration
|
0017| of video gambling machines and slot machines. Net income
|
0018| received by the authority for performing such agreements shall
|
0019| be included in net revenue of the lottery to be distributed as
|
0020| provided in the New Mexico Lottery Act. Compensation shall not
|
0021| exceed actual costs incurred by the lottery authority in
|
0022| performing the services plus two percent of the difference
|
0023| between gross receipts from the conduct of machine gambling and
|
0024| winnings paid by each licensee;
|
0025| [(15)] (16) enter into contracts of any and
|
0001| all types on such terms and conditions as the authority may
|
0002| determine;
|
0003| [(16)] (17) establish and maintain banking
|
0004| relationships, including but not limited to establishment of
|
0005| checking and savings accounts and lines of credit;
|
0006| [(17)] (18) advertise and promote the
|
0007| lottery and lottery games;
|
0008| [(18)] (19) act as a lottery retailer,
|
0009| conduct promotions that involve the dispensing of lottery
|
0010| tickets and establish and operate a sales facility to sell
|
0011| lottery tickets and any related merchandise; and
|
0012| [(19)] (20) adopt, repeal and amend such
|
0013| rules, policies and procedures as necessary to carry out and
|
0014| implement its powers and duties, organize and operate the
|
0015| authority, conduct lottery games and any other matters necessary
|
0016| or desirable for the efficient and effective operation of the
|
0017| lottery and the convenience of the public.
|
0018| B. The powers enumerated in this section are
|
0019| cumulative of and in addition to those powers enumerated
|
0020| elsewhere in the New Mexico Lottery Act, and no such powers
|
0021| limit or restrict any other powers of the authority."
|
0022| Section 50. Section 6-24-17 NMSA 1978 (being Laws 1995,
|
0023| Chapter 155, Section 17, as amended) is amended to read:
|
0024| "6-24-17. DISCLOSURE OF ODDS.--The authority shall make
|
0025| adequate disclosure of the odds with respect to each lottery
|
0001| game by stating the odds in lottery game advertisements, on
|
0002| lottery tickets or by posting the odds at each place in which
|
0003| lottery tickets are sold."
|
0004| Section 51. Section 6-24-26 NMSA 1978 (being Laws 1995,
|
0005| Chapter 155, Section 26) is amended to read:
|
0006| "6-24-26. AUTHORIZATION TO ISSUE REVENUE BONDS.--
|
0007| A. In order to provide funds for the initial
|
0008| development and operation of the lottery, the board is
|
0009| authorized to issue lottery revenue bonds in an amount not to
|
0010| exceed [three million dollars ($3,000,000)] six million
|
0011| dollars ($6,000,000) payable solely from revenues of the
|
0012| authority generated from operation of the lottery.
|
0013| B. The board may issue bonds to refund other bonds
|
0014| issued pursuant to this section.
|
0015| C. The bonds shall have a maturity of no more than
|
0016| five years from the date of issuance. The board shall determine
|
0017| all other terms, covenants and conditions of the bonds;
|
0018| provided, however, that the bonds may provide for prepayment in
|
0019| part or in full of the balance due at any time without penalty.
|
0020| D. The bonds shall be executed with the manual or
|
0021| facsimile signature of the chief executive officer or the
|
0022| chairman of the board and attested to by another member of the
|
0023| board. The bonds may bear the seal, if any, of the authority.
|
0024| E. The proceeds of the bonds and the earnings on
|
0025| those proceeds are appropriated to the authority for the initial
|
0001| development and operation of the lottery, to pay expenses
|
0002| incurred in the preparation, issuance and sale of the bonds, to
|
0003| pay any obligations relating to the bonds and the proceeds of
|
0004| the bonds under the Internal Revenue Code of 1986 and for any
|
0005| other lawful purpose.
|
0006| F. The bonds may be sold either at a public sale or
|
0007| at a private sale to the state investment officer or to the
|
0008| state treasurer. If the bonds are sold at a public sale, the
|
0009| notice of sale and other procedures for the sale shall be
|
0010| determined by the chief executive officer or the board.
|
0011| G. This section is full authority for the issuance
|
0012| and sale of the bonds, and the bonds shall not be invalid for
|
0013| any irregularity or defect in the proceedings for their issuance
|
0014| and sale and shall be incontestable in the hands of bona fide
|
0015| purchasers or holders of the bonds for value.
|
0016| H. An amount of money from the sources specified in
|
0017| Subsection A of this section sufficient to pay the principal of
|
0018| and interest on the bonds as they become due in each year shall
|
0019| be set aside, and is hereby pledged, for the payment of the
|
0020| principal and interest on the bonds.
|
0021| I. The bonds shall be legal investments for any
|
0022| person or board charged with the investment of public funds and
|
0023| may be accepted as security for any deposit of public money, and
|
0024| the bonds and interest thereon are exempt from taxation by the
|
0025| state and any political subdivision or agency of the state.
|
0001| J. The bonds shall be payable by the authority,
|
0002| which shall keep a complete record relating to the payment of
|
0003| the bonds."
|
0004| Section 52. Section 7-1-2 NMSA 1978 (being Laws 1965,
|
0005| Chapter 248, Section 2, as amended) is amended to read:
|
0006| "7-1-2. APPLICABILITY.--The Tax Administration Act applies
|
0007| to and governs:
|
0008| A. the administration and enforcement of the
|
0009| following taxes or tax acts as they now exist or may hereafter
|
0010| be amended:
|
0011| (1) Income Tax Act;
|
0012| (2) Withholding Tax Act;
|
0013| (3) Gross Receipts and Compensating Tax Act and
|
0014| any state gross receipts tax;
|
0015| (4) Liquor Excise Tax Act;
|
0016| (5) Local Liquor Excise Tax Act;
|
0017| [(6) Banking and Financial Corporations Tax
|
0018| Act;
|
0019| (7)] (6) any municipal local option gross
|
0020| receipts tax;
|
0021| [(8)] (7) any county local option gross
|
0022| receipts tax;
|
0023| [(9)] (8) Special Fuels Supplier Tax Act;
|
0024| [(10)] (9) Gasoline Tax Act;
|
0025| [(11)] (10) petroleum products loading fee,
|
0001| which fee shall be considered a tax for the purpose of the Tax
|
0002| Administration Act;
|
0003| [(12)] (11) Cigarette Tax Act;
|
0004| [(13)] (12) Estate Tax Act;
|
0005| [(14)] (13) Railroad Car Company Tax Act;
|
0006| [(15)] (14) Investment Credit Act;
|
0007| [(16)] (15) Corporate Income Tax Act;
|
0008| [(17)] (16) Corporate Income and Franchise
|
0009| Tax Act;
|
0010| [(18)] (17) Uniform Division of Income for
|
0011| Tax Purposes Act;
|
0012| [(19)] (18) Multistate Tax Compact;
|
0013| [(20)] (19) Tobacco Products Tax Act;
|
0014| [(21)] (20) Filmmaker's Credit Act; and
|
0015| [(22)] (21) the telecommunications relay
|
0016| service surcharge imposed by Section 63-9F-11 NMSA 1978, which
|
0017| surcharge shall be considered a tax for the purposes of the Tax
|
0018| Administration Act;
|
0019| B. the administration and enforcement of the
|
0020| following taxes, surtaxes, advanced payments or tax acts as they
|
0021| now exist or may hereafter be amended:
|
0022| (1) Resources Excise Tax Act;
|
0023| (2) Severance Tax Act;
|
0024| (3) any severance surtax;
|
0025| (4) Oil and Gas Severance Tax Act;
|
0001| (5) Oil and Gas Conservation Tax Act;
|
0002| (6) Oil and Gas Emergency School Tax Act;
|
0003| (7) Oil and Gas Ad Valorem Production Tax Act;
|
0004| (8) Natural Gas Processors Tax Act;
|
0005| (9) Oil and Gas Production Equipment Ad Valorem
|
0006| Tax Act;
|
0007| (10) Copper Production Ad Valorem Tax Act; and
|
0008| (11) any advance payment required to be made by
|
0009| any act specified in this subsection, which advance payment
|
0010| shall be considered a tax for the purposes of the Tax
|
0011| Administration Act;
|
0012| C. the administration and enforcement of the
|
0013| following taxes, surcharges, fees or acts as they now exist or
|
0014| may hereafter be amended:
|
0015| (1) Weight Distance Tax Act;
|
0016| (2) Special Fuels Tax Act;
|
0017| (3) the workers' compensation fee authorized by
|
0018| Section 52-5-19 NMSA 1978, which fee shall be considered a tax
|
0019| for purposes of the Tax Administration Act;
|
0020| (4) Controlled Substance Tax Act;
|
0021| (5) Uniform Unclaimed Property Act;
|
0022| (6) 911 emergency surcharge and the network and
|
0023| database surcharge, which surcharges shall be considered taxes
|
0024| for purposes of the Tax Administration Act;
|
0025| (7) the solid waste assessment fee authorized
|
0001| by the Solid Waste Act, which fee shall be considered a tax for
|
0002| purposes of the Tax Administration Act; [and]
|
0003| (8) the water conservation fee imposed by
|
0004| Section 74-1-13 NMSA 1978, which fee shall be considered a tax
|
0005| for the purposes of the Tax Administration Act; [and]
|
0006| (9) the machine gambling tax imposed pursuant
|
0007| to the Video Gambling Act; and
|
0008| (10) the charity games tax imposed pursuant to
|
0009| the Charity Games Act; and
|
0010| D. the administration and enforcement of all other
|
0011| laws, with respect to which the department is charged with
|
0012| responsibilities pursuant to the Tax Administration Act, but
|
0013| only to the extent that such other laws do not conflict with the
|
0014| Tax Administration Act."
|
0015| Section 53. A new section of the Tax Administration Act is
|
0016| enacted to read:
|
0017| "[NEW MATERIAL] DISTRIBUTION OF CHARITY GAMES TAX.--A
|
0018| distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made
|
0019| to the charity games fund of the net receipts attributable to
|
0020| the charity games tax."
|
0021| Section 54. A new section of the Tax Administration Act is
|
0022| enacted to read:
|
0023| "[NEW MATERIAL] DISTRIBUTION OF MACHINE GAMBLING TAX.--A
|
0024| distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made
|
0025| to the machine gambling fund of the net receipts attributable to
|
0001| the machine gambling tax."
|
0002| Section 55. Section 7-27-5.21 NMSA 1978 (being Laws 1995,
|
0003| Chapter 155, Section 36) is amended to read:
|
0004| "7-27-5.21. NEW MEXICO LOTTERY REVENUE BONDS.--The
|
0005| severance tax permanent fund may be invested in revenue bonds
|
0006| issued by the New Mexico lottery authority pursuant to the
|
0007| provisions of the New Mexico Lottery Act. The amount invested
|
0008| shall not exceed [three million dollars ($3,000,000)] six
|
0009| million dollars ($6,000,000)."
|
0010| Section 56. Section 30-19-1 NMSA 1978 (being Laws 1963,
|
0011| Chapter 303, Section 19-1, as amended) is amended to read:
|
0012| "30-19-1. DEFINITIONS RELATING TO GAMBLING.--As used in
|
0013| Chapter 30, Article 19 NMSA 1978:
|
0014| A. "antique gambling device" means a gambling device
|
0015| twenty-five years of age or older and substantially in original
|
0016| condition that is not used for gambling or commercial gambling
|
0017| or located in a gambling place;
|
0018| B. "bet" means a bargain in which the parties agree
|
0019| that, dependent upon chance, even though accompanied by some
|
0020| skill, one stands to win or lose anything of value specified in
|
0021| the agreement. A bet does not include:
|
0022| (1) bona fide business transactions that are
|
0023| valid under the law of contracts, including without limitation:
|
0024| (a) contracts for the purchase or sale,
|
0025| at a future date, of securities or other commodities; and
|
0001| (b) agreements to compensate for loss
|
0002| caused by the happening of the chance, including without
|
0003| limitation contracts for indemnity or guaranty and life or
|
0004| health and accident insurance;
|
0005| (2) offers of purses, prizes or premiums to the
|
0006| actual contestants in any bona fide contest for the
|
0007| determination of skill, speed, strength or endurance or to the
|
0008| bona fide owners of animals or vehicles entered in such contest;
|
0009| (3) a lottery as defined in this section; or
|
0010| (4) betting otherwise permitted by law;
|
0011| [C. "lottery" means an enterprise other than the
|
0012| New Mexico state lottery established and operated pursuant to
|
0013| the New Mexico Lottery Act wherein, for a consideration, the
|
0014| participants are given an opportunity to win a prize, the award
|
0015| of which is determined by chance, even though accompanied by
|
0016| some skill. As used in this subsection, "consideration" means
|
0017| anything of pecuniary value required to be paid to the promoter
|
0018| in order to participate in such enterprise;
|
0019| D.] C. "gambling device" means a contrivance
|
0020| other than an antique gambling device that, for a consideration,
|
0021| affords the player an opportunity to obtain anything of value,
|
0022| the award of which is determined by chance, even though
|
0023| accompanied by some skill and whether or not the prize is
|
0024| automatically paid by the device; [and
|
0025| E.] D. "gambling place" means any building or
|
0001| tent, any vehicle, whether self-propelled or not, or any room
|
0002| within any of them, one of whose principal uses is:
|
0003| (1) making and settling of bets;
|
0004| (2) receiving, holding, recording or forwarding
|
0005| bets or offers to bet;
|
0006| (3) conducting lotteries; or
|
0007| (4) playing gambling devices;
|
0008| E. "lottery" means an enterprise other than the New
|
0009| Mexico state lottery established and operated pursuant to the
|
0010| New Mexico Lottery Act wherein, for a consideration, the
|
0011| participants are given an opportunity to win a prize, the award
|
0012| of which is determined by chance, even though accompanied by
|
0013| some skill. As used in this subsection, "consideration" means
|
0014| anything of pecuniary value required to be paid to the promoter
|
0015| in order to participate in the enterprise;
|
0016| F. "raffle" means a game in which the prize is won
|
0017| by random drawing of the name or number of one or more persons
|
0018| purchasing a chance; and
|
0019| G. "video gambling" means any form of gambling in
|
0020| which, upon payment of a consideration, an electronic device may
|
0021| be played that simulates the play of a game of chance, utilizes
|
0022| a video display and microprocessors and that by chance, or
|
0023| through some combination of chance and skill, a player may
|
0024| receive or the device may dispense to the player cash, coins or
|
0025| tokens or free games or credits that may be redeemed for cash,
|
0001| coins or tokens."
|
0002| Section 57. Section 30-19-6 NMSA 1978 (being Laws 1963,
|
0003| Chapter 303, Section 19-6, as amended) is amended to read:
|
0004| "30-19-6. [PERMISSIVE LOTTERY] AUTHORIZED GAMBLING--FAIRS, THEATERS AND TAX-EXEMPT ORGANIZATIONS--VIDEO GAMBLING ACT
|
0005| AND CHARITY GAMES ACT ACTIVITIES.--
|
0006| A. Nothing in [Article 19] Chapter 30, Article
|
0007| 19 NMSA 1978 [shall be construed to apply to any] prohibits
|
0008| a sale or drawing of [any] a prize at [any] a fair held
|
0009| in this state for the benefit of [any] a church, public
|
0010| library or religious society [situate or being] located in
|
0011| this state or for charitable purposes when all the proceeds of
|
0012| [such] the fair [shall be] are expended in this state
|
0013| for the benefit of [such] a church, public library,
|
0014| religious society or charitable purposes. A [lottery shall be
|
0015| operated] sale or drawing conducted pursuant to this
|
0016| subsection is for the benefit of the organization or charitable
|
0017| purpose only [when] if the entire proceeds [of] from the
|
0018| [lottery] sale or drawing go to the organization or
|
0019| charitable purpose and no part of [such] the proceeds go to
|
0020| any individual member or employee [thereof] of the
|
0021| organization.
|
0022| B. Nothing in [Article 19] Chapter 30, Article
|
0023| 19 NMSA 1978 [shall be held to prohibit any] prohibits a
|
0024| bona fide motion picture [theatre] theater from offering
|
0025| prizes of cash or merchandise for advertising purposes in
|
0001| connection with [such] the business of the theater or for
|
0002| the purpose of stimulating business, whether or not [any]
|
0003| consideration other than a monetary consideration in excess of
|
0004| the regular price of admission is [exacted] charged for
|
0005| participation in drawings for prizes.
|
0006| C. Nothing in [Article 19] Chapter 30, Article
|
0007| 19 NMSA 1978 [shall be held to apply to any] prohibits a
|
0008| bona fide county fair, including [fairs] a fair for more
|
0009| than one county, [which shall have] that has been held
|
0010| annually at the same location for at least two years [and which
|
0011| shall offer] from offering prizes of livestock or poultry in
|
0012| connection with [such] the fair [when] if the proceeds
|
0013| of [such] the drawings [shall be] are used for the
|
0014| benefit of [said] the fair.
|
0015| [D. Nothing in Article 19, Chapter 30 NMSA 1978
|
0016| shall be construed to apply to any lottery operated by an
|
0017| organization exempt from the state income tax pursuant to
|
0018| Subsection C of Section 7-2-4 NMSA 1978 and not subject to the
|
0019| provisions of Subsection A of this section; provided that:
|
0020| (1) no more than two lotteries shall be
|
0021| operated in any year by such an organization;
|
0022| (2) all the gross proceeds less the reasonable
|
0023| cost of prizes of any lottery operated by such an organization
|
0024| shall be expended in the state for the benefit of the
|
0025| organization or public purposes; and
|
0001| (3) no part of the proceeds of any lottery
|
0002| shall go to any individual member or employee of any
|
0003| organization except as payment for the purchase of prizes at no
|
0004| more than the reasonable retail price]
|
0005| D. Nothing in Chapter 30, Article 19 NMSA 1978
|
0006| prohibits an organization that is exempt from state income tax
|
0007| pursuant to Section 7-2-4 NMSA 1978 from conducting bingo games,
|
0008| raffles, lotteries or table games, including poker, craps,
|
0009| blackjack, roulette and the like, at a fundraising event if:
|
0010| (1) the fundraising events are conducted no
|
0011| more than twice in a calendar year by the qualifying
|
0012| organization;
|
0013| (2) the only persons authorized to participate
|
0014| in the operation or management of the fundraising event are:
|
0015| (a) bona fide members of the qualifying
|
0016| organization who are not paid for their services in the
|
0017| operation or management of the event; or
|
0018| (b) persons who provide goods or services
|
0019| for the fundraising event for a flat fee or an hourly fee
|
0020| pursuant to a written contract with the qualifying organization;
|
0021| (3) no person receives any part of the proceeds
|
0022| of the fundraising event except:
|
0023| (a) as payment for prizes purchased at no
|
0024| more than the reasonable retail prices for the prizes; or
|
0025| (b) pursuant to a contract described in
|
0001| Subparagraph (b) of Paragraph (2) of this subsection;
|
0002| (4) the net proceeds of the fundraising event
|
0003| are expended in the state for the benefit of the qualifying
|
0004| organization or purposes for which it was formed;
|
0005| (5) gross revenue, expenses, prizes paid and
|
0006| the date, time and location of the fundraising event are
|
0007| reported to the alcohol and gaming division of the regulation
|
0008| and licensing department within thirty days after the event;
|
0009| (6) the qualifying organization conducting the
|
0010| fundraising event maintains records for a period of one year
|
0011| after the date of the event that accurately show the gross
|
0012| revenue generated by the event, details of the expenses of
|
0013| conducting the event and details of how the gross revenue is
|
0014| used, and the qualifying organization makes the records
|
0015| available for review by the director of the alcohol and gaming
|
0016| division of the regulation and licensing department or the
|
0017| attorney general, or both, at their request;
|
0018| (7) no video gambling is conducted and no slot
|
0019| machines are operated during the fundraising event;
|
0020| (8) no persons less than the age of twenty-one
|
0021| are allowed to participate in the operation or management of the
|
0022| fundraising event or to play any game at the event; and
|
0023| (9) the fundraising event is conducted pursuant
|
0024| to a permit issued by the alcohol and gaming division of the
|
0025| regulation and licensing department.
|
0001| E. Nothing in Chapter 30, Article 19 NMSA 1978
|
0002| prohibits activities authorized and the games of chance
|
0003| permitted and regulated pursuant to the provisions of the Video
|
0004| Gambling Act and the Charity Games Act."
|
0005| Section 58. A new Section 30-19-6.1 NMSA 1978 is enacted
|
0006| to read:
|
0007| "30-19-6.1. [NEW MATERIAL] PERMITTED GAMBLING--RECREATIONAL BINGO.--
|
0008| A. Nothing in Chapter 30, Article 19 NMSA 1978
|
0009| prohibits a senior citizen group from conducting bingo at a
|
0010| senior citizen center if no person other than a player
|
0011| participating in the bingo game receives or becomes entitled to
|
0012| receive a part of the proceeds from the game and if no minor is
|
0013| permitted to participate in the conduct of the game or play the
|
0014| game.
|
0015| B. As used in this section, "senior citizen group"
|
0016| means an organization in which the majority of the membership
|
0017| consists of individuals who are fifty-five years of age or older
|
0018| and that has as its primary purpose and activity the provision
|
0019| of recreational or social activities for those individuals."
|
0020| Section 59. Section 60-7A-19 NMSA 1978 (being Laws 1981,
|
0021| Chapter 39, Section 96) is amended to read:
|
0022| "60-7A-19. COMMERCIAL GAMBLING ON LICENSED PREMISES.--
|
0023| A. It is a violation of the Liquor Control Act for a
|
0024| licensee to knowingly allow commercial gambling on the licensed
|
0025| premises.
|
0001| B. In addition to any criminal penalties, any person
|
0002| who violates Subsection A of this section may have his license
|
0003| suspended or revoked or a fine imposed, or both, pursuant to the
|
0004| Liquor Control Act.
|
0005| C. [For purposes of] As used in this section: (1) "commercial gambling" means:
|
0006| [(1)] (a) participating in the
|
0007| earnings of or operating a gambling place;
|
0008| [(2)] (b) receiving, recording or
|
0009| forwarding bets or offers to bet;
|
0010| [(3)] (c) possessing facilities with
|
0011| the intent to receive, record or forward bets or offers to bet;
|
0012| [(4)] (d) for gain, becoming a
|
0013| custodian of anything of value bet or offered to be bet;
|
0014| [(5)] (e) conducting a lottery where
|
0015| both the consideration and the prize are money or whoever with
|
0016| intent to conduct a lottery possesses facilities to do so; or
|
0017| [(6)] (f) setting up for use for the
|
0018| purpose of gambling, or collecting the proceeds of, any gambling
|
0019| device or game; and
|
0020| (2) "commercial gambling" does not include:
|
0021| (a) activities authorized pursuant to the
|
0022| New Mexico Lottery Act;
|
0023| (b) the conduct of games pursuant to
|
0024| Subsection D of Section 30-19-6 NMSA 1978;
|
0025| (c) the conduct of machine gambling
|
0001| authorized pursuant to the Video Gambling Act on the licensed
|
0002| premises of a club licensee licensed pursuant to Section 60-6A-5
|
0003| NMSA 1978 or the licensed premises of a racetrack; and
|
0004| (d) the conduct of activities authorized
|
0005| or games permitted pursuant to the Charity Games Act on the
|
0006| licensed premises of a club licensee licensed pursuant to
|
0007| Section 60-6A-5 NMSA 1978."
|
0008| Section 60. REPEAL.--Sections 60-2B-1 through 60-2B-14
|
0009| NMSA 1978 (being Laws 1981, Chapter 259, Sections 1 through 14,
|
0010| as amended) are repealed.
|
0011| Section 61. SEVERABILITY.--If any part or application of
|
0012| this act is held invalid, the remainder or its application to
|
0013| other situations or persons shall not be affected.
|
0014| Section 62. EFFECTIVE DATE.--
|
0015| A. The effective date of the provisions of Sections
|
0016| 20, 27 through 47 and 60 of this act is January 1, 1997.
|
0017| B. The effective date of the provisions of Sections
|
0018| 7 through 19 and 21 through 26 of this act is July 1, 1996.
|
0019| Section 63. EMERGENCY.--It is necessary for the public
|
0020| peace, health and safety that this act take effect immediately.
|
0021|
|
0022|
|
0023| FORTY-SECOND LEGISLATURE
|
0024| SECOND SESSION, 1996
|
0025|
|
0001|
|
0002| JANUARY 29, 1996
|
0003|
|
0004| Mr. President:
|
0005|
|
0006| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0007|
|
0008| SENATE BILL 418
|
0009|
|
0010| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0011| TO PROVISIONS, and thence referred to the COMMITTEE OF THE WHOLE
|
0012| COMMITTEE.
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| __________________________________
|
0020| SENATOR MANNY M. ARAGON, Chairman
|
0021|
|
0022|
|
0023|
|
0024| Adopted_______________________ Not Adopted_______________________
|
0025| (Chief Clerk) (Chief Clerk)
|
0001|
|
0002|
|
0003| Date ________________________
|
0004|
|
0005|
|
0006|
|
0007| S0418CC1
|
0008|
|
0009| FORTY-SECOND LEGISLATURE
|
0010| SECOND SESSION, 1996
|
0011|
|
0012|
|
0013| February 2, 1996
|
0014|
|
0015| Mr. President:
|
0016|
|
0017| Your COMMITTEE OF THE WHOLE, to whom has been referred
|
0018|
|
0019| SENATE BILL 418
|
0020|
|
0021| has had it under consideration and reports same WITHOUT
|
0022| RECOMMENDATION, and thence placed on the President's
|
0023| Table.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004| __________________________________
|
0005| Manny M. Aragon, Chairman
|
0006|
|
0007|
|
0008|
|
0009| Adopted_______________________ Not Adopted_______________________
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012|
|
0013|
|
0014| Date ________________________
|
0015|
|
0016|
|
0017| The roll call vote was 24 For 8 Against
|
0018| Yes: 24
|
0019| No: Donisthorpe, Kidd, Lyons, Rawson, Riley, Rutherford, Scott,
|
0020| Smith
|
0021| Excused: Benavides, Carraro, Ingle, E. Jennings, T. Jennings, McKibben,
|
0022| Naranjo, Rodriguez, Stefanics, Vernon
|
0023| Absent: None
|
0024|
|
0025|
|
0001| S0418WS1
|
0002|
|