0001| SENATE BILL 820 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| BEN D. ALTAMIRANO | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| .110993.1 | 0016| | 0017| FORTY-SECOND LEGISLATURE | 0018| SECOND SESSION, 1996 | 0019| | 0020| | 0021| February 12, 1996 | 0022| | 0023| Mr. President: | 0024| | 0025| Your FINANCE COMMITTEE, to whom has been referred | 0001| | 0002| SENATE BILL 820 | 0003| | 0004| has had it under consideration and reports same that it DO NOT | 0005| PASS, but that | 0006| | 0007| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0008| SENATE BILL 820 | 0009| | 0010| DO PASS, and further recommends that it be referred to the | 0011| COMMITTEES' COMMITTEE. | 0012| | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| __________________________________ | 0019| Ben D. Altamirano, Chairman | 0020| | 0021| | 0022| Adopted_______________________ Not Adopted_______________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date ________________________ | 0001| | 0002| | 0003| The roll call vote was 8 For 0 Against | 0004| Yes: 8 | 0005| No: 0 | 0006| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar | 0007| Absent: None | 0008| | 0009| S0820SF1 SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0010| SENATE BILL 820 | 0011| 42nd legislature - STATE OF NEW MEXICO - second session, 1996 | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| AN ACT | 0020| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; | 0021| AUTHORIZING SENIOR ORGANIZATIONS LICENSED AND FUNDED BY THE | 0022| STATE AGENCY ON AGING TO APPLY FOR A LICENSE UNDER THE BINGO AND | 0023| RAFFLE ACT; AMENDING SECTIONS OF THE NMSA 1978. | 0024| | 0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0001| Section 1. Section 60-2B-3 NMSA 1978 (being Laws 1981, | 0002| Chapter 259, Section 3, as amended) is amended to read: | 0003| "60-2B-3. DEFINITIONS.--As used in the Bingo and Raffle | 0004| Act: | 0005| A. "charitable organization" means any organization, | 0006| not for pecuniary profit, [which] that is operated for the | 0007| relief of poverty, distress or other condition of public concern | 0008| in New Mexico and [which] that has been so engaged for three | 0009| years immediately prior to making application for a license | 0010| under the Bingo and Raffle Act and [which] that has been | 0011| granted an exemption from federal income tax by the United | 0012| States commissioner of internal revenue as an organization | 0013| described in Section 501(c) of the United States Internal | 0014| Revenue Code of [1954, as amended or renumbered] 1986; | 0015| B. "chartered branch, lodge or chapter of a national | 0016| or state organization" means any branch, lodge or chapter | 0017| [which] that is a civic or service organization, not for | 0018| pecuniary profit, and authorized by its written constitution, | 0019| charter, articles of incorporation or bylaws to engage in a | 0020| fraternal, civic or service purpose in New Mexico and [which] | 0021| that has been so engaged for three years immediately prior to | 0022| making application for a license under the Bingo and Raffle Act; | 0023| C. "educational organization" means any organization | 0024| within the state, not organized for pecuniary profit, whose | 0025| primary purpose is educational in nature and designed to develop | 0001| the capabilities of individuals by instruction and [which] | 0002| that has been in existence in New Mexico for three years | 0003| immediately prior to making application for a license under the | 0004| Bingo and Raffle Act; | 0005| D. "fraternal organization" means any organization | 0006| within the state, except college and high school fraternities, | 0007| not for pecuniary profit, [which] that is a branch, lodge or | 0008| chapter of a national or state organization and exists for the | 0009| common business, brotherhood or other interests of its members | 0010| and which has existed in New Mexico for three years immediately | 0011| prior to making application for a license under the Bingo and | 0012| Raffle Act; | 0013| E. "labor organization" means any organization, not for | 0014| pecuniary profit, within the state [which] that exists for the | 0015| purpose, in whole or in part, of dealing with employers concerning | 0016| grievances, labor disputes, wages, rates of pay, hours of | 0017| employment or conditions of work and [which] that has existed | 0018| in New Mexico for that purpose and has been so engaged for three | 0019| years immediately prior to making application for a license under | 0020| the Bingo and Raffle Act; | 0021| F. "senior organization" means any organization or | 0022| center within the state, not for pecuniary profit, that is licensed | 0023| and funded pursuant to approved area plans by the state agency on | 0024| aging, whose members gather for a common social and recreational | 0025| purpose and that has existed in New Mexico for three years | 0001| immediately prior to making application for a license under the | 0002| Bingo and Raffle Act; | 0003| [F.] G. "qualified organization" means any bona fide | 0004| chartered branch, lodge or chapter of a national or state | 0005| organization or any bona fide religious, charitable, environmental, | 0006| fraternal, educational or veterans' organization operating without | 0007| profit to its members [which] that has been in existence in New | 0008| Mexico continuously for a period of three years immediately prior | 0009| to the making of an application for a license under the Bingo and | 0010| Raffle Act and [which] that has had, during the entire three-year period, a dues-paying membership engaged in carrying out the | 0011| objects of the corporation or organization. A voluntary firemen's | 0012| organization is a qualified organization and a labor organization | 0013| is a qualified organization for the purpose of the Bingo and Raffle | 0014| Act if it uses the proceeds from a game of chance solely for | 0015| scholarship or charitable purposes; | 0016| [G.] H. "environmental organization" means any | 0017| organization primarily concerned with the protection and | 0018| preservation of the natural environment and [which] that has | 0019| existed in New Mexico for three years immediately prior to making | 0020| application for a license under the Bingo and Raffle Act; | 0021| [H.] I. "religious organization" means any | 0022| organization, church, body of communicants or group, not for | 0023| pecuniary profit, gathered in common membership for mutual support | 0024| and edification in piety, worship and religious observances or a | 0025| society, not for pecuniary profit, of individuals united for | 0001| religious purposes at a definite place, [which] and the | 0002| organization, church, body of communicants, group or society has | 0003| been so gathered or united in New Mexico for three years | 0004| immediately prior to making application for a license under the | 0005| Bingo and Raffle Act; | 0006| [I.] J. "veterans' organization" means any | 0007| organization within the state or any branch, lodge or chapter of a | 0008| national or state organization within this state, not for pecuniary | 0009| profit, the membership of which consists of individuals who were | 0010| members of the armed services or forces of the United States, | 0011| [which] that has been in existence in New Mexico for three | 0012| years immediately prior to making application for a license under | 0013| the Bingo and Raffle Act; | 0014| [J.] K. "voluntary firemen's organization" means any | 0015| organization for firefighting within the state, not for pecuniary | 0016| profit, established by the state or any of its political | 0017| subdivisions, [which] that has been in existence in New Mexico | 0018| for three years immediately prior to making application for a | 0019| license under the Bingo and Raffle Act; | 0020| [K.] L. "dues-paying membership" means those members | 0021| of an organization who pay regular monthly, annual or other | 0022| periodic dues or who are excused from paying such dues by the | 0023| charter, articles of incorporation or bylaws of the organization | 0024| and those who contribute voluntarily to the corporation or | 0025| organization to which they belong for the support of the | 0001| corporation or organization; | 0002| [L.] M. "equipment" means, with respect to bingo or | 0003| lotto, the receptacle and numbered objects drawn from it; the | 0004| master board upon which the numbered objects are placed as drawn; | 0005| the cards or sheets bearing numbers or other designations to be | 0006| covered and the objects used to cover them; the board or signs, | 0007| however operated, used to announce or display the numbers or | 0008| designations as they are drawn; the public address system; and all | 0009| other articles essential to the operation, conduct and playing of | 0010| bingo or lotto; or, with respect to raffles, implements, devices | 0011| and machines designed, intended or used for the conduct of raffles | 0012| and the identification of the winning number or unit and the ticket | 0013| or other evidence or right to participate in raffles; | 0014| [M.] N. "game of chance" means that specific kind of | 0015| game of chance commonly known as bingo or lotto in which prizes are | 0016| awarded on the basis of designated numbers or symbols on a card | 0017| conforming to numbers or symbols selected at random and that | 0018| specific kind of game of chance commonly known as raffles, which is | 0019| conducted by drawing for prizes or the allotment of prizes by | 0020| chance or by the selling of shares, tickets or rights to | 0021| participate in the game; | 0022| [N.] O. "gross receipts" means receipts from the sale | 0023| of shares, tickets or rights in any manner connected with | 0024| participation in a game of chance or the right to participate in a | 0025| game of chance, including any admission fee or charge, the sale of | 0001| equipment or supplies and all other miscellaneous receipts; | 0002| [O.] P. "lawful purposes" means educational, | 0003| charitable, patriotic, religious or public-spirited purposes, which | 0004| terms are defined to be the benefiting of an indefinite number of | 0005| persons either by bringing their minds or hearts under the | 0006| influence of education or religion, by relieving their bodies from | 0007| disease, suffering or constraint, by assisting them in establishing | 0008| themselves in life, by erecting or maintaining public buildings or | 0009| works, by providing legal assistance to peace officers or firemen | 0010| in defending civil or criminal actions arising out of the | 0011| performance of their duties or by otherwise lessening the burden of | 0012| government. These terms include the erection, acquisition, | 0013| improvement, maintenance, insurance or repair of property, real, | 0014| personal or mixed, if the property is used for one or more of the | 0015| purposes stated in this subsection; | 0016| [P.] Q. "lawful use" means the devotion of the entire | 0017| net proceeds of a game of chance exclusively to lawful purposes; | 0018| [Q.] R. "licensee" means any qualified organization | 0019| to which a license has been issued by the licensing authority; | 0020| [R.] S. "licensing authority" means the regulation | 0021| and licensing department; | 0022| [S.] T. "member" means an individual who has | 0023| qualified for membership in a qualified organization pursuant to | 0024| its charter, articles of incorporation, bylaws, rules or other | 0025| written statement; | 0001| [T.] U. "net proceeds" means the receipts less the | 0002| expenses, charges, fees and deductions as are specifically | 0003| authorized under the Bingo and Raffle Act; | 0004| [U.] V. "occasion" means a single gathering or | 0005| session at which a series of successive bingo or lotto games is | 0006| played; | 0007| [V.] W. "person" means a natural person, firm, | 0008| association, corporation or other legal entity; and | 0009| [W.] X. "premises" means any room, hall, enclosure or | 0010| outdoor area used for the purpose of playing a game of chance." | 0011| Section 2. Section 60-2B-5 NMSA 1978 (being Laws 1981, | 0012| Chapter 259, Section 5) is amended to read: | 0013| "60-2B-5. ORGANIZATIONS ENTITLED TO LICENSES--FEES.-- | 0014| A. Any bona fide chartered branch, lodge or chapter of a | 0015| national or state organization or any bona fide religious, | 0016| charitable, labor, environmental, fraternal, educational or | 0017| veterans' organization [which] that operates without profit to | 0018| its members and [which] that has been in existence in New | 0019| Mexico continuously for a period of three years immediately prior | 0020| to the making of application for a license under the Bingo and | 0021| Raffle Act and has had, during the making of application for a li- | 0022| cense under that act and during the entire three-year period, dues-paying [members] membership, except in a senior organization, | 0023| engaged in carrying out the objects of the corporation or | 0024| organization is eligible for a license to be issued by the | 0025| licensing authority under the Bingo and Raffle Act. In the event | 0001| any license is revoked, the licensee and holder [thereof] of the | 0002| license is not eligible to apply for another license under | 0003| Subsection B of this section until after the expiration of the | 0004| period of one year from the date of [such] revocation. Any | 0005| voluntary firemen's organization established by the state or any | 0006| political subdivision and [which] that has been in existence in | 0007| New Mexico for three years shall also be an organization entitled | 0008| to a license under the provisions of that act. | 0009| B. The licenses provided by the Bingo and Raffle Act | 0010| shall be issued by the licensing authority to applicants qualified | 0011| under that act upon payment of a fee of one hundred dollars ($100), | 0012| with the exception of a senior organization, which shall pay a fee | 0013| of five dollars ($5.00). The licenses shall expire at the end of | 0014| the calendar year in which they are issued by the licensing | 0015| authority and may be renewed by the licensing authority upon the | 0016| filing of an application for renewal provided by the licensing | 0017| authority and the payment of a fee of one hundred dollars ($100) | 0018| for the renewal, with the exception of a senior organization, | 0019| which shall pay a fee of five dollars ($5.00). No license or | 0020| renewal granted under that act [shall be] is transferable." | 0021| Section 3. Section 60-2B-6 NMSA 1978 (being Laws 1981, Chap- | 0022| ter 259, Section 6) is amended to read: | 0023| "60-2B-6. APPLICATION FOR LICENSE.-- | 0024| A. Each applicant for a license to be issued under the | 0025| provisions of this section shall file with the licensing authority | 0001| a written application in duplicate in the form prescribed by the | 0002| licensing authority, duly executed and verified, [and] in which | 0003| shall be stated: | 0004| (1) the name and address of the applicant; | 0005| (2) sufficient facts relating to [its] the | 0006| applicant's incorporation and organization to enable the licensing | 0007| authority to determine whether or not it is a bona fide chartered | 0008| branch, lodge or chapter of a national or state organization or a | 0009| bona fide religious, charitable, labor, environmental, fraternal, | 0010| educational, senior, voluntary firemen's or veterans' | 0011| organization [which] that operates without profit to its | 0012| members and [which] that has been in existence continuously in | 0013| New Mexico for a period of three years immediately prior to the | 0014| making of application for a license and that has had during the | 0015| entire three-year period dues-paying [members] membership, | 0016| except in a senior organization, engaged in carrying out the | 0017| objectives of the applicant; | 0018| (3) the names and addresses of [its] the | 0019| applicant's officers; | 0020| (4) the specific kind of games of chance intended to | 0021| be held, operated and conducted by the applicant; | 0022| (5) the place where the games of chance are intended | 0023| to be held, operated and conducted by the applicant under the | 0024| license applied for; | 0025| (6) the items of expense intended to be incurred or | 0001| paid in connection with the holding, operating and conducting of | 0002| [such] games of chance and the names and addresses of the persons | 0003| to whom and the purposes for which they are to be paid; | 0004| (7) a statement that no commission, salary, | 0005| compensation, reward or recompense shall be paid to any person for | 0006| holding, operating or conducting [such] games of chance or for | 0007| assisting [therein] in games of chance except as [otherwise] | 0008| provided in the Bingo and Raffle Act; and | 0009| (8) such other information deemed advisable by the | 0010| licensing authority to ensure that the applicant falls within the | 0011| restrictions set forth by the Bingo and Raffle Act. | 0012| B. In each application there shall be designated active | 0013| members of the applicant organization under whom the games of | 0014| chance described in the application are to be held, operated and | 0015| conducted, and to the application shall be appended a statement | 0016| executed by the applicant and by the members so designated that | 0017| they will be responsible for the holding, operation and conduct of | 0018| games of chance in accordance with the terms of the license and the | 0019| provisions of the Bingo and Raffle Act. | 0020| C. In the event any premises are to be leased or rented | 0021| in connection with the holding, operating or conducting of any game | 0022| of chance under the Bingo and Raffle Act, a written statement shall | 0023| accompany the application signed and verified by the person | 0024| leasing or renting the premises stating his address and the | 0025| amount of rent [which] that will be paid for the premises and | 0001| that the person, or its officers and directors if a corporation, is | 0002| of good moral character and has not been convicted of any crime | 0003| involving moral turpitude." | 0004| Section 4. Section 60-2B-8 NMSA 1978 (being Laws 1981, Chap- | 0005| ter 259, Section 8) is amended to read: | 0006| "60-2B-8. PERSONS PERMITTED TO CONDUCT GAMES--PREMISES--EQUIPMENT--EXPENSES [COMPENSATION].-- | 0007| A. No person shall hold, operate or conduct any games of | 0008| chance under any license issued under the Bingo and Raffle Act | 0009| except an active member of the organization to which the license is | 0010| issued, and no person shall assist in the holding, operating or | 0011| conducting of any games of chance under that license except an | 0012| active member or a member of an organization or association | 0013| [which] that is an auxiliary to the licensee, a member of an | 0014| organization or association of which the licensee is an auxiliary | 0015| or a member of an organization or association [which] that is | 0016| affiliated with the licensee by being, with it, auxiliary to | 0017| another organization or association and except bookkeepers or ac- | 0018| countants as provided in this section. No item of expense shall be | 0019| incurred or paid in connection with the holding, operating or con- | 0020| ducting of any game of chance held, operated or conducted pursuant | 0021| to any license issued under that act except bona fide expenses in | 0022| reasonable amount for goods, wares and merchandise furnished or | 0023| services rendered, reasonably necessary for the holding, operating | 0024| or conducting [thereof] of the game. No games of chance shall | 0025| be conducted with any equipment except that which is owned or | 0001| leased by the licensee. | 0002| B. The officers of a licensee shall designate a bona fide | 0003| active member of the licensee to be in charge of and primarily | 0004| responsible for the conduct of the games of bingo or lotto on each | 0005| occasion. The member in charge shall supervise all activities on | 0006| the occasion for which he is in charge and be responsible for the | 0007| making of the required report. The member in charge shall be | 0008| familiar with the provisions of the state laws, the rules and | 0009| regulations of the licensing authority and the provisions of the | 0010| license. He shall be present on the premises continuously during | 0011| the games and for a period of at least thirty minutes after the | 0012| last game. | 0013| C. The officers of a licensee shall designate an officer | 0014| to be in full charge and primarily responsible for the proper | 0015| utilization of the entire net proceeds of any game in accordance | 0016| with state law. | 0017| D. The entire net proceeds of any game shall be devoted | 0018| to a lawful use [or uses]. | 0019| E. Each license issued for the conduct of games of chance | 0020| shall be conspicuously displayed at the place where any game is | 0021| being conducted at all times during the conduct of the game and for | 0022| at least thirty minutes after the last game has been concluded. | 0023| F. The premises where any game of chance is being held, | 0024| operated or conducted or where it is intended that any equipment be | 0025| used shall at all times be open to inspection by the licensing au- | 0001| thority, its agents and employees and by peace officers of any | 0002| political subdivision of the state. | 0003| G. No licensee may hold, operate or conduct a game of | 0004| bingo or lotto more often than on two hundred sixty occasions in | 0005| any calendar year. | 0006| H. When any merchandise prize is awarded in a game of | 0007| bingo, its value shall be its current retail price. No merchandise | 0008| prize shall be redeemable or convertible into cash directly or | 0009| indirectly. | 0010| I. Equipment, prizes and supplies for games of bingo | 0011| shall not be purchased or sold at prices in excess of the usual | 0012| price [thereof] of the equipment, prizes and supplies. | 0013| J. The aggregate amount of all prizes offered or given in | 0014| all games played on a single occasion shall not exceed one thousand | 0015| five hundred dollars ($1,500), which shall be exclusive of pull | 0016| tabs; provided that the aggregate amount of all prizes offered or | 0017| given in all games played on a single occasion at a senior | 0018| organization shall not exceed one hundred dollars ($100.00). | 0019| K. No games shall be conducted more than five times in | 0020| any one calendar week, with no game lasting more than four hours on | 0021| each occasion and not more than two occasions in one calendar day | 0022| by any one licensee. | 0023| L. The net profits derived from the holding of games of | 0024| chance [must] shall be devoted to the lawful purposes of the | 0025| organization permitted to conduct the games. Any organization | 0001| desiring to hold the net profits of games of chance for a period | 0002| longer than one year [must] shall apply to the licensing | 0003| authority for special permission, and, upon good cause shown, the | 0004| authority shall grant the request. | 0005| M. Any licensee [which] that does not report, during | 0006| any one-year period, net profits [will] shall be required to | 0007| show cause before the licensing authority why its right to conduct | 0008| games of bingo should not be revoked. | 0009| N. No person shall assist in the holding, operating or | 0010| conducting of a bingo game under any license except bona fide | 0011| active members of the licensee, active members of any organization | 0012| [which] that is an auxiliary to the licensee or active members | 0013| of an organization [which] that is affiliated with the licensee | 0014| by being, with it, auxiliary to another organization. | 0015| O. The equipment used in the playing of bingo and the | 0016| method of play shall be such that each card has an equal | 0017| opportunity to be a winner. The objects or balls to be drawn shall | 0018| be essentially the same as to size, shape, weight, balance and all | 0019| other characteristics that may influence their selection. All | 0020| objects or balls shall be present in the receptacle before each | 0021| game is begun. All numbers announced shall be plainly and clearly | 0022| audible to all the players present. Where more than one room is | 0023| used for any one game, the receptacle and the caller [must] | 0024| shall be present in the room where the greatest number of players | 0025| are present, and all numbers announced shall be plainly audible to | 0001| the players in the [aforesaid] room where the receptacle and | 0002| caller are and [also] audible to the players in the other rooms. | 0003| A fair and equal chance shall be given to all participants, and any | 0004| licensee, its representative, agent or employees whose acts or | 0005| action may tend to negate the "right of equal chance" shall | 0006| constitute grounds for revoking [such] the license. | 0007| P. The receptacle and the caller who removes the | 0008| objects or balls from the receptacle [must] shall be visible to | 0009| all the players at all times except where more than one room is | 0010| used for any one game, in which case the provisions of Subsection O | 0011| of this section shall prevail. | 0012| Q. The particular arrangement of numbers required to be | 0013| covered in order to win the game and the amount of the prize shall | 0014| be clearly and audibly described and announced to the players | 0015| immediately before each game is begun. | 0016| R. Any player is entitled to call for a verification of | 0017| all numbers drawn at the time a winner is determined and for a | 0018| verification of the objects or balls remaining in the receptacle | 0019| and not yet drawn. The verification shall be made in the immediate | 0020| presence of the member designated to be in charge of the occasion | 0021| [but] or, if [such] that member is also the caller, | 0022| [then] in the immediate presence of any officer of the licensee. | 0023| S. In the playing of bingo, no person who is not | 0024| physically present on the premises where the game is actually | 0025| conducted shall be allowed to participate as a player in the game. | 0001| T. No person shall act as a caller in the conduct of any | 0002| game of bingo unless he has been a member in good standing of the | 0003| licensee conducting the game or one of its licensed auxiliaries for | 0004| at least six months immediately prior to the date of [such] the | 0005| game, is of good moral character and has never been convicted of a | 0006| felony. | 0007| U. No owner, co-owner or lessee of the premises [or] | 0008| and, if a corporation is the owner of the premises, [any] no | 0009| officer, director or stockholder owning more than ten percent of | 0010| the outstanding stock shall be a person responsible for or | 0011| assisting in the holding, operating or conducting of any game of | 0012| bingo." | 0013|  | 0014| |