0001| SENATE BILL 710
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| GARY DON REAGAN
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CHARITABLE GAMING; RESTRICTING CHARITABLE GAMES OF
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0013| CHANCE; AMENDING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978;
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0014| DECLARING AN EMERGENCY.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 30-19-1 NMSA 1978 (being Laws 1963,
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0018| Chapter 303, Section 19-1, as amended) is amended to read:
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0019| "30-19-1. DEFINITIONS RELATING TO GAMBLING.--As used in
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0020| Chapter 30, Article 19 NMSA 1978:
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0021| A. "antique gambling device" means a gambling device
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0022| twenty-five years of age or older and substantially in original
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0023| condition that is not used for gambling or commercial gambling
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0024| or located in a gambling place;
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0025| B. "bet" means a bargain in which the parties agree
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0001| that, dependent upon chance, even though accompanied by some
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0002| skill, one stands to win or lose anything of value specified in
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0003| the agreement. A bet does not include:
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0004| (1) bona fide business transactions that are
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0005| valid under the law of contracts, including without limitation:
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0006| (a) contracts for the purchase or sale,
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0007| at a future date, of securities or other commodities; and
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0008| (b) agreements to compensate for loss
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0009| caused by the happening of the chance, including without
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0010| limitation contracts for indemnity or guaranty and life or
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0011| health and accident insurance;
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0012| (2) offers of purses, prizes or premiums to the
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0013| actual contestants in any bona fide contest for the
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0014| determination of skill, speed, strength or endurance or to the
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0015| bona fide owners of animals or vehicles entered in such contest;
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0016| (3) a lottery as defined in this section; or
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0017| (4) betting otherwise permitted by law;
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0018| [C. "lottery" means an enterprise other than the
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New Mexico state lottery established and operated pursuant to
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the New Mexico Lottery Act wherein, for a consideration, the
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participants are given an opportunity to win a prize, the award
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of which is determined by chance, even though accompanied by
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some skill. As used in this subsection, "consideration" means
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anything of pecuniary value required to be paid to the promoter
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in order to participate in such enterprise;
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D.] C. "gambling device" means a contrivance
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0002| other than an antique gambling device that, for a consideration,
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0003| affords the player an opportunity to obtain anything of value,
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0004| the award of which is determined by chance, even though
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0005| accompanied by some skill and whether or not the prize is
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0006| automatically paid by the device; [and
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E.] D. "gambling place" means any building or
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0008| tent, any vehicle, whether self-propelled or not, or any room
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0009| within any of them, one of whose principal uses is:
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0010| (1) making and settling of bets;
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0011| (2) receiving, holding, recording or forwarding
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0012| bets or offers to bet;
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0013| (3) conducting lotteries; or
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0014| (4) playing gambling devices;
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0015| E. "lottery" means an enterprise other than the New
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0016| Mexico state lottery established and operated pursuant to the
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0017| New Mexico Lottery Act or a game of chance, the play of which is
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0018| specifically permitted by state law, where for a consideration
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0019| the participants are given an opportunity to win a prize, the
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0020| award of which is determined by chance, even though accompanied
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0021| by some skill. As used in this subsection, "consideration"
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0022| means anything of pecuniary value required to be paid to the
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0023| promoter in order to participate in the enterprise;
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0024| F. "raffle" means a game in which the prize is won
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0025| by random drawing of the name or number of one or more persons
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0001| purchasing a chance; and
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0002| G. "video gambling" means any form of gambling in
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0003| which, upon payment of a consideration, an electronic device may
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0004| be played that simulates the play of a game of chance, utilizes
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0005| a video display and microprocessors and that by chance, or
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0006| through some combination of chance and skill, a player may
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0007| receive or the device may dispense to the player currency, coins
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0008| or tokens or free games or credits that may be redeemed for
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0009| currency, coins or tokens."
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0010| Section 2. Section 30-19-6 NMSA 1978 (being Laws 1963,
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0011| Chapter 303, Section 19-6, as amended) is amended to read:
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0012| "30-19-6. [PERMISSIVE LOTTERY] AUTHORIZED GAMBLING--FAIRS, THEATERS AND TAX-EXEMPT ORGANIZATIONS--VIDEO GAMBLING ACT
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0013| AND CHARITY GAMES ACT ACTIVITIES.--
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0014| A. Nothing in [Article 19] Chapter 30, Article
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0015| 19 NMSA 1978 [shall be construed to apply to any] prohibits
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0016| a sale or drawing of [any] a prize at [any] a fair held
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0017| in this state for the benefit of [any] a church, public
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0018| library or religious society [situate or being] located in
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0019| this state or for charitable purposes when all the proceeds of
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0020| [such] the fair [shall be] are expended in this state
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0021| for the benefit of [such] the church, public library,
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0022| religious society or other charitable purposes. A [lottery
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shall be operated] sale or drawing conducted pursuant to this
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0024| subsection is for the benefit of the organization or charitable
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0025| purpose only [when] if the entire proceeds [of] from the
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0001| [lottery] sale or drawing go to the organization or
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0002| charitable purpose and no part of [such] the proceeds go to
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0003| any individual member or employee [thereof] of the
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0004| organization.
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0005| B. Nothing in [Article 19] Chapter 30, Article
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0006| 19 NMSA 1978 [shall be held to prohibit any] prohibits a
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0007| bona fide motion picture [theatre] theater from offering
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0008| prizes of cash or merchandise for advertising purposes in
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0009| connection with [such] the business of the theater or for
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0010| the purpose of stimulating business, whether or not [any]
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0011| consideration other than a monetary consideration in excess of
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0012| the regular price of admission is [exacted] charged for
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0013| participation in drawings for prizes.
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0014| C. Nothing in [Article 19] Chapter 30, Article
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0015| 19 NMSA 1978 [shall be held to apply to any] prohibits a
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0016| bona fide county fair, including [fairs] a fair for more
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0017| than one county, [which shall have] that has been held
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0018| annually at the same location for at least two years [and which
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shall offer] from offering prizes of livestock or poultry in
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0020| connection with [such] the fair [when] if the proceeds
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0021| of [such] the drawings [shall be] are used for the
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0022| benefit of [said] the fair.
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0023| [D. Nothing in Article 19, Chapter 30 NMSA 1978
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shall be construed to apply to any lottery operated by an
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organization exempt from the state income tax pursuant to
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Subsection C of Section 7-2-4 NMSA 1978 and not subject to the
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provisions of Subsection A of this section; provided that:
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(1) no more than two lotteries shall be
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operated in any year by such an organization;
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(2) all the gross proceeds less the reasonable
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cost of prizes of any lottery operated by such an organization
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shall be expended in the state for the benefit of the
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organization or public purposes; and
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(3) no part of the proceeds of any lottery
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shall go to any individual member or employee of any
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organization except as payment for the purchase of prizes at no
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more than the reasonable retail price]
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0013| D. Nothing in Chapter 30, Article 19 NMSA 1978
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0014| prohibits an organization that is exempt from state income tax
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0015| pursuant to Section 7-2-4 NMSA 1978 from conducting bingo games,
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0016| raffles or paper lotteries at a fundraising event if:
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0017| (1) the fundraising events are conducted no
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0018| more than twice in a calendar year by the qualifying
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0019| organization;
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0020| (2) the only persons authorized to participate
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0021| in the operation or management of the fundraising event are:
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0022| (a) bona fide members of the qualifying
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0023| organization who are not paid for their services in the
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0024| operation or management of the event; or
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0025| (b) persons who provide goods or services
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0001| for the fundraising event for a flat fee or an hourly fee
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0002| pursuant to a written contract with the qualifying organization;
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0003| (3) no person receives any part of the proceeds
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0004| of the fundraising event except:
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0005| (a) as payment for prizes purchased at no
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0006| more than the reasonable retail prices for the prizes; or
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0007| (b) pursuant to a contract described in
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0008| Subparagraph (b) of Paragraph (2) of this subsection;
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0009| (4) the net proceeds of the fundraising event
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0010| are expended in the state for the benefit of the qualifying
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0011| organization or purposes for which it was formed;
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0012| (5) gross revenue, expenses, prizes paid and
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0013| the date, time and location of the fundraising event are
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0014| reported to the alcohol and gaming division of the regulation
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0015| and licensing department within thirty days after the event;
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0016| (6) the qualifying organization conducting the
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0017| fundraising event maintains records for a period of one year
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0018| after the date of the event that accurately show the gross
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0019| revenue generated by the event, details of the expenses of
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0020| conducting the event and details of how the gross revenue is
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0021| used, and the qualifying organization makes the records
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0022| available for review by the director of the alcohol and gaming
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0023| division of the regulation and licensing department or the
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0024| attorney general, or both, at their request;
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0025| (7) no video gambling, card games or casino
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0001| table games are conducted and no slot machines are operated
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0002| during the fundraising event;
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0003| (8) no persons less than the age of twenty-one
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0004| are allowed to participate in the operation or management of the
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0005| fundraising event or to play any game at the event; and
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0006| (9) the fundraising event is conducted pursuant
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0007| to a permit issued by the alcohol and gaming division of the
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0008| regulation and licensing department.
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0009| E. As used in this section, "paper lottery" means a
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0010| game of chance in which preprinted disposable tickets are
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0011| available for purchase by a player and may entitle him to a
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0012| prize or other thing of value. The tickets may:
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0013| (1) display preprinted winners that are
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0014| determined by rubbing or scraping an area on the ticket to match
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0015| numbers, letters, symbols or configurations or any combination
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0016| thereof;
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0017| (2) have two sections, one section of which is
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0018| retained by the qualifying organization conducting the
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0019| fundraising event and added to all the other retained sections
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0020| of tickets in a container from which one or more can be randomly
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0021| drawn, and the other section is given to the player. Both
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0022| sections of the ticket display identical numbers, symbols or
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0023| configurations so that following a random drawing the drawn
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0024| ticket can be matched with the part of the ticket retained by
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0025| the player, so that a winner can be identified; or
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0001| (3) display one or a series of numbers, one or
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0002| more of the numbers of which may be randomly selected by the
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0003| qualifying organization conducting the fundraising event, and
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0004| the player holding tickets displaying the numbers called wins a
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0005| prize or other thing of value."
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0006| Section 3. Section 60-2B-3 NMSA 1978 (being Laws 1981,
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0007| Chapter 259, Section 3, as amended) is amended to read:
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0008| "60-2B-3. DEFINITIONS.--As used in the Bingo and Raffle
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0009| Act:
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0010| A. "charitable organization" means any organization,
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0011| not for pecuniary profit, [which] that is operated for the
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0012| relief of poverty, distress or other condition of public concern
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0013| in New Mexico, [and which] that has been so engaged for
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0014| three years immediately prior to making application for a
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0015| license under the Bingo and Raffle Act and [which] that has
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0016| been granted an exemption from federal income tax by the United
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0017| States commissioner of internal revenue as an organization
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0018| described in Section 501(c) of the United States Internal
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0019| Revenue Code of 1954, as amended or renumbered;
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0020| B. "chartered branch, lodge or chapter of a national
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0021| or state organization" means any branch, lodge or chapter
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0022| [which] that is a civic or service organization, not for
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0023| pecuniary profit, and authorized by its written constitution,
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0024| charter, articles of incorporation or bylaws to engage in a
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0025| fraternal, civic or service purpose in New Mexico and [which]
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0001| that has been so engaged for three years immediately prior to
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0002| making application for a license under the Bingo and Raffle Act;
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0003| C. "educational organization" means any organization
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0004| within the state, not organized for pecuniary profit, whose
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0005| primary purpose is educational in nature and designed to develop
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0006| the capabilities of individuals by instruction and [which]
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0007| that has been in existence in New Mexico for three years
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0008| immediately prior to making application for a license under the
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0009| Bingo and Raffle Act;
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0010| D. "fraternal organization" means any organization
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0011| within the state, except college and high school fraternities,
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0012| not for pecuniary profit, [which] that is a branch, lodge or
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0013| chapter of a national or state organization and exists for the
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0014| common business, brotherhood or other interests of its members
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0015| and [which] that has existed in New Mexico for three years
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0016| immediately prior to making application for a license under the
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0017| Bingo and Raffle Act;
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0018| E. "labor organization" means any organization, not
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0019| for pecuniary profit, within the state [which] that exists
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0020| for the purpose, in whole or in part, of dealing with employers
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0021| concerning grievances, labor disputes, wages, rates of pay,
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0022| hours of employment or conditions of work and [which] that
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0023| has existed in New Mexico for that purpose and has been so
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0024| engaged for three years immediately prior to making application
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0025| for a license under the Bingo and Raffle Act;
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0001| F. "qualified organization" means any bona fide
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0002| chartered branch, lodge or chapter of a national or state
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0003| organization or any bona fide religious, charitable,
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0004| environmental, fraternal, educational or veterans' organization
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0005| operating without profit to its members [which] that has
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0006| been in existence in New Mexico continuously for a period of
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0007| three years immediately prior to the making of an application
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0008| for a license under the Bingo and Raffle Act and [which]
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0009| that has had, during the entire three-year period, a dues-paying membership engaged in carrying out the objects of the
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0010| corporation or organization. A voluntary firemen's organization
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0011| is a qualified organization, and a labor organization is a
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0012| qualified organization for the purpose of the Bingo and Raffle
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0013| Act if it uses the proceeds from a game of chance solely for
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0014| scholarship or charitable purposes;
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0015| G. "environmental organization" means any
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0016| organization primarily concerned with the protection and
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0017| preservation of the natural environment and [which] that has
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0018| existed in New Mexico for three years immediately prior to
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0019| making application for a license under the Bingo and Raffle Act;
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0020| H. "religious organization" means any organization,
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0021| church, body of communicants or group, not for pecuniary profit,
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0022| gathered in common membership for mutual support and edification
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0023| in piety, worship and religious observances, or a society, not
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0024| for pecuniary profit, of individuals united for religious
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0025| purposes at a definite place, which organization, church, body
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0001| of communicants, group or society has been so gathered or united
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0002| in New Mexico for three years immediately prior to making
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0003| application for a license under the Bingo and Raffle Act;
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0004| I. "veterans' organization" means any organization
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0005| within the state or any branch, lodge or chapter of a national
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0006| or state organization within this state, not for pecuniary
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0007| profit, the membership of which consists of individuals who were
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0008| members of the armed services or forces of the United States,
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0009| [which] that has been in existence in New Mexico for three
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0010| years immediately prior to making application for a license
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0011| under the Bingo and Raffle Act;
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0012| J. "voluntary firemen's organization" means any
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0013| organization for firefighting within the state, not for
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0014| pecuniary profit, established by the state or any of its
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0015| political subdivisions, [which] that has been in existence
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0016| in New Mexico for three years immediately prior to making
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0017| application for a license under the Bingo and Raffle Act;
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0018| K. "dues-paying membership" means those members of
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0019| an organization who pay regular monthly, annual or other
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0020| periodic dues or who are excused from paying such dues by the
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0021| charter, articles of incorporation or bylaws of the organization
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0022| and those who contribute voluntarily to the corporation or
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0023| organization to which they belong for the support of the
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0024| corporation or organization;
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0025| L. "equipment" means, with respect to bingo or
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0001| lotto, the receptacle and numbered objects drawn from it; the
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0002| master board upon which the numbered objects are placed as
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0003| drawn; the cards or sheets bearing numbers or other designations
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0004| to be covered and the objects used to cover them; the board or
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0005| signs, however operated, used to announce or display the numbers
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0006| or designations as they are drawn; the public address system;
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0007| and all other articles essential to the operation, conduct and
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0008| playing of bingo or lotto; or, with respect to raffles,
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0009| implements, devices and machines designed, intended or used for
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0010| the conduct of raffles and the identification of the winning
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0011| number or unit and the ticket or other evidence or right to
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0012| participate in raffles;
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0013| M. "game of chance" means that specific kind of game
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0014| of chance commonly known as bingo or lotto in which prizes are
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0015| awarded on the basis of designated numbers or symbols on a card
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0016| conforming to numbers or symbols selected at random, [and]
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0017| that specific kind of game of chance commonly known as raffles
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0018| [which] that is conducted by drawing for prizes or the
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0019| allotment of prizes by chance or by the selling of shares,
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0020| tickets or rights to participate in the game and that specific
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0021| game of chance commonly known as "pull tabs";
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0022| N. "gross receipts" means receipts from the sale of
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0023| shares, tickets or rights in any manner connected with
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0024| participation in a game of chance or the right to participate in
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0025| a game of chance, including any admission fee or charge, the
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0001| sale of equipment or supplies and all other miscellaneous
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0002| receipts;
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0003| O. "lawful purposes" means educational, charitable,
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0004| patriotic, religious or public-spirited purposes, which terms
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0005| are defined to be the benefiting of an indefinite number of
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0006| persons either by bringing their minds or hearts under the
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0007| influence of education or religion, by relieving their bodies
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0008| from disease, suffering or constraint; by assisting them in
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0009| establishing themselves in life; by erecting or maintaining
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0010| public buildings or works; by providing legal assistance to
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0011| peace officers or firemen in defending civil or criminal actions
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0012| arising out of the performance of their duties; or by otherwise
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0013| lessening the burden of government. These terms include the
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0014| erection, acquisition, improvement, maintenance, insurance or
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0015| repair of property, real, personal or mixed, if the property is
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0016| used for one or more of the purposes stated in this subsection;
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0017| P. "lawful use" means the devotion of the entire net
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0018| proceeds of a game of chance exclusively to lawful purposes;
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0019| Q. "licensee" means any qualified organization to
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0020| which a license has been issued by the licensing authority;
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0021| R. "licensing authority" means the regulation and
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0022| licensing department;
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0023| S. "member" means an individual who has qualified
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0024| for membership in a qualified organization pursuant to its
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0025| charter, articles of incorporation, bylaws, rules or other
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0001| written statement;
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0002| T. "net proceeds" means the receipts less the
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0003| expenses, charges, fees and deductions as are specifically
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0004| authorized under the Bingo and Raffle Act;
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0005| U. "occasion" means a single gathering or session at
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0006| which a series of successive bingo or lotto games is played;
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0007| V. "person" means a natural person, firm,
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0008| association, corporation or other legal entity; [and]
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0009| W. "premises" means any room, hall, enclosure or
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0010| outdoor area used for the purpose of playing a game of chance;
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0011| X. "pull tab" means an instant win game of chance
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0012| in which a paper or other disposable ticket or chance contains
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0013| certain preprinted winners that are revealed by rubbing,
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0014| scraping or pulling a tab; "pull tab" does not include video
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0015| gaming machines that simulate the game of pull tabs; and
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0016| Y. "video gaming machine" means any electronic or
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0017| electromechanical machine that, upon the insertion of tokens,
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0018| coins or currency, is available to play or simulate the play of
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0019| a game of chance using a video display and microprocessors and
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0020| that records game credits that may be redeemed for cash or other
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0021| prizes, or pays out in currency, coins, chips, tokens or other
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0022| consideration, including additional games on the same machine."
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0023| Section 4. A new section of the Bingo and Raffle Act,
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0024| Section 60-2B-3.1 NMSA 1978, is enacted to read:
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0025| "60-2B-3.1. [NEW MATERIAL] USE OF VIDEO GAMING MACHINES
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0001| UNLAWFUL.--
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0002| A. No video gaming machine, including video gaming
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0003| machines that simulate the game of pull tabs, shall be available
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0004| for use by any member or other person on the premises of a
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0005| licensee.
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0006| B. Any licensee that violates this section shall
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0007| have its license revoked by the licensing authority."
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0008| Section 5. Section 60-2B-8 NMSA 1978 (being Laws 1981,
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0009| Chapter 259, Section 8) is amended to read:
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0010| "60-2B-8. PERSONS PERMITTED TO CONDUCT GAMES--PREMISES--EQUIPMENT--EXPENSES [COMPENSATION].--
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0011| A. No person shall hold, operate or conduct any
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0012| games of chance under any license issued under the Bingo and
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0013| Raffle Act, except an active member of the organization to which
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0014| the license is issued; and no person shall assist in the
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0015| holding, operating or conducting of any games of chance under
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0016| that license, except an active member or a member of an
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0017| organization or association [which] that is an auxiliary to
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0018| the licensee, a member of an organization or association of
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0019| which the licensee is an auxiliary or a member of an
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0020| organization or association [which] that is affiliated with
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0021| the licensee by being, with it, auxiliary to another
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0022| organization or association and except bookkeepers or ac-
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0023| countants, as provided in this section. No item of expense
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0024| shall be incurred or paid in connection with the holding,
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0025| operating or conducting of any game of chance held, operated or
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0001| conducted pursuant to any license issued under that act except
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0002| bona fide expenses in reasonable amount for goods, wares and
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0003| merchandise furnished or services rendered, reasonably necessary
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0004| for the holding, operating or conducting [thereof] of the
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0005| game. No games of chance shall be conducted with any
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0006| equipment, except that which is owned or leased by the licensee.
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0007| B. The officers of a licensee shall designate a bona
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0008| fide active member of the licensee to be in charge of and
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0009| primarily responsible for the conduct of the games of bingo or
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0010| lotto on each occasion. The member in charge shall supervise
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0011| all activities on the occasion for which he is in charge and be
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0012| responsible for the making of the required report. The member
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0013| in charge shall be familiar with the provisions of the state
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0014| laws, the rules and regulations of the licensing authority and
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0015| the provisions of the license. He shall be present on the
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0016| premises continuously during the games and for a period of at
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0017| least thirty minutes after the last game.
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0018| C. The officers of a licensee shall designate an
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0019| officer to be in full charge and primarily responsible for the
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0020| proper utilization of the entire net proceeds of any game in
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0021| accordance with state law.
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0022| D. The entire net proceeds of any game shall be
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0023| devoted to a lawful use [or uses].
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0024| E. Each license issued for the conduct of games of
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0025| chance shall be conspicuously displayed at the place where any
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0001| game is being conducted at all times during the conduct of the
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0002| game and for at least thirty minutes after the last game has
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0003| been concluded.
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0004| F. The premises where any game of chance is being
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0005| held, operated or conducted, or where it is intended that any
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0006| equipment be used, shall at all times be open to inspection by
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0007| the licensing authority, its agents and employees, and by peace
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0008| officers of any political subdivision of the state.
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0009| G. No licensee may hold, operate or conduct a game
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0010| of bingo or lotto more often than on two hundred sixty occasions
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0011| in any calendar year.
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0012| H. When any merchandise prize is awarded in a game
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0013| of bingo, its value shall be its current retail price. No
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0014| merchandise prize shall be redeemable or convertible into cash
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0015| directly or indirectly.
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0016| I. Equipment, prizes and supplies for games of bingo
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0017| shall not be purchased or sold at prices in excess of the usual
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0018| price [thereof] of the equipment, prizes and supplies.
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0019| J. The aggregate amount of all prizes offered or
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0020| given in all games played on a single occasion shall not exceed
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0021| one thousand five hundred dollars ($1,500), which shall be
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0022| exclusive of pull tabs.
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0023| K. No games shall be conducted more than five times
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0024| in any one calendar week, with no game lasting more than four
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0025| hours on each occasion and not more than two occasions in one
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0001| calendar day by any one licensee.
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0002| L. The net profits derived from the holding of games
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0003| of chance [must] shall be devoted to the lawful purposes of
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0004| the organization permitted to conduct the games. Any
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0005| organization desiring to hold the net profits of games of chance
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0006| for a period longer than one year [must] shall apply to the
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0007| licensing authority for special permission, and, upon good cause
|
0008| shown, the authority shall grant the request.
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0009| M. Any licensee [which] that does not report,
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0010| during any one-year period, net profits [will] shall be
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0011| required to show cause before the licensing authority why its
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0012| right to conduct games of bingo should not be revoked.
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0013| N. No person shall assist in the holding, operating
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0014| or conducting of a bingo game under any license except bona fide
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0015| active members of the licensee, active members of any
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0016| organization [which] that is an auxiliary to the licensee or
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0017| active members of an organization [which] that is affiliated
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0018| with the licensee by being, with it, auxiliary to another
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0019| organization.
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0020| O. The equipment used in the playing of bingo and
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0021| the method of play shall be such that each card has an equal
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0022| opportunity to be a winner. The objects or balls to be drawn
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0023| shall be essentially the same as to size, shape, weight, balance
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0024| and all other characteristics that may influence their
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0025| selection. All objects or balls shall be present in the
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0001| receptacle before each game is begun. All numbers announced
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0002| shall be plainly and clearly audible to all the players present.
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0003| Where more than one room is used for any one game, the
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0004| receptacle and the caller [must] shall be present in the
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0005| room where the greatest number of players are present, [and]
|
0006| all numbers announced shall be plainly audible to the players in
|
0007| the [aforesaid room and also] room where the receptacle and
|
0008| caller are present, and the numbers called shall be audible to
|
0009| the players in the other rooms. A fair and equal chance shall
|
0010| be given to all participants, and any licensee, its re-
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0011| presentative, agent or employees whose acts or action may tend
|
0012| to negate the "right of equal chance" as provided in this
|
0013| subsection shall constitute grounds for revoking [such] the
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0014| license.
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0015| P. The receptacle and the caller who [removes]
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0016| the remove objects or balls from the receptacle [must]
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0017| shall be visible to all the players at all times, except where
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0018| more than one room is used for any one game, in which case the
|
0019| provisions of Subsection O of this section shall prevail.
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0020| Q. The particular arrangement of numbers required to
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0021| be covered in order to win the game and the amount of the prize
|
0022| shall be clearly and audibly described and announced to the
|
0023| players immediately before each game is begun.
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0024| R. Any player is entitled to call for a verification
|
0025| of all numbers drawn at the time a winner is determined and for
|
0001| a verification of the objects or balls remaining in the
|
0002| receptacle and not yet drawn. The verification shall be made in
|
0003| the immediate presence of the member designated to be in charge
|
0004| of the occasion [but] or, if [such] that member is also
|
0005| the caller, [then] in the immediate presence of any officer of
|
0006| the licensee.
|
0007| S. In the playing of bingo, no person who is not
|
0008| physically present on the premises where the game is actually
|
0009| conducted shall be allowed to participate as a player in the
|
0010| game.
|
0011| T. No person shall act as a caller in the conduct of
|
0012| any game of bingo unless he has been a member in good standing
|
0013| of the licensee conducting the game or one of its licensed
|
0014| auxiliaries for at least six months immediately prior to the
|
0015| date of [such] the game, is of good moral character and has
|
0016| never been convicted of a felony.
|
0017| U. No owner, co-owner or lessee of the premises
|
0018| [or] and, if a corporation is the owner of the premises,
|
0019| [any] no officer, director or stockholder owning more than
|
0020| ten percent of the outstanding stock shall be a person
|
0021| responsible for or assisting in the holding, operating or
|
0022| conducting of any game of bingo."
|
0023| Section 6. EMERGENCY.--It is necessary for the public
|
0024| peace, health and safety that this act take effect immediately.
|
0025|
|
0001|
|
0002|
|
0003| FORTY-SECOND LEGISLATURE
|
0004| SECOND SESSION, 1996
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0005|
|
0006|
|
0007| FEBRUARY 1, 1996
|
0008|
|
0009| Mr. President:
|
0010|
|
0011| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0012|
|
0013| SENATE BILL 710
|
0014|
|
0015| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0016| TO CONSTITUTIONAL PROVISIONS, and thence referred to the COMMITTEE
|
0017| OF THE WHOLE COMMITTEE.
|
0018|
|
0019| Respectfully submitted,
|
0020|
|
0021|
|
0022|
|
0023|
|
0024| __________________________________
|
0025| SENATOR MANNY M. ARAGON, Chairman
|
0001|
|
0002|
|
0003|
|
0004| Adopted_______________________ Not Adopted_______________________
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007|
|
0008| Date ________________________
|
0009|
|
0010|
|
0011|
|
0012| S0710CC1
|
0013|
|
0014|
|
0015| FORTY-SECOND LEGISLATURE
|
0016| SECOND SESSION, 1996
|
0017|
|
0018|
|
0019| February 2, 1996
|
0020|
|
0021| Mr. President:
|
0022|
|
0023| Your COMMITTEE OF THE WHOLE, to whom has been referred
|
0024|
|
0025| SENATE BILL 710
|
0001|
|
0002| has had it under consideration and reports same WITHOUT
|
0003| RECOMMENDATION.
|
0004|
|
0005| Respectfully submitted,
|
0006|
|
0007|
|
0008|
|
0009| __________________________________
|
0010| Manny M. Aragon, Chairman
|
0011|
|
0012|
|
0013|
|
0014| Adopted_______________________ Not Adopted_______________________
|
0015| (Chief Clerk) (Chief Clerk)
|
0016|
|
0017|
|
0018|
|
0019| Date ________________________
|
0020|
|
0021|
|
0022| The roll call vote was by voice vote
|
0023|
|
0024|
|
0025|
|
0001| S0710WS1
|
0002|
|