0001|                           HOUSE BILL 1263
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             MIMI STEWART
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0005|     
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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|                                AN ACT
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0011|     RELATING TO CAMPAIGN CONTRIBUTIONS; PROHIBITING POLITICAL
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0012|     CONTRIBUTIONS FROM CASINO, LOTTERY OR VIDEO GAMBLING INTERESTS;
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0013|     PROVIDING A PENALTY; DECLARING AN EMERGENCY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of the Campaign Reporting Act is
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0017|     enacted to read:
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0018|          "[<u>NEW MATERIAL</u>]  PROHIBITING CONTRIBUTIONS FROM CASINO,
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0019|     LOTTERY OR VIDEO GAMBLING INTERESTS--FINDINGS AND PURPOSE--
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0020|     PENALTY.--
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0021|               A.  The legislature finds there is a compelling
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0022|     state interest in preserving the integrity of the political
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0023|     process by prohibiting political campaign contributions from
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0024|     representatives of casino, lottery or video gambling interests. 
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0025|     The purpose of this section is to prevent even the appearance
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0001|     of political corruption and to respond appropriately to the
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0002|     substantial public interest in preventing undue pressure on
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0003|     government from casino, lottery and video gambling interests.
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0004|               B.  No distributor, manufacturer or operator of
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0005|     video gaming machines, or person who owns or operates a casino,
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0006|     or person who sells or leases any instant-win, on-line or video
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0007|     lottery game in any state, or any Indian nation, tribe or
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0008|     pueblo or member of the governing body of any Indian nation,
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0009|     tribe or pueblo that owns, operates or seeks to own or operate
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0010|     a casino, video gaming machine or other gaming interest
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0011|     described in this subsection, shall directly or through an
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0012|     agent, representative or employee contribute to a candidate,
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0013|     political committee or person holding an office elected or to
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0014|     be elected at an election covered by the Campaign Reporting
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0015|     Act; provided, however, that the provisions of this subsection
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0016|     do not apply to:
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0017|                    (1)  a minority owner of one percent or less of
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0018|     an entity that owns or operates a casino, video gaming machine
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0019|     or gaming interest described in this subsection;
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0020|                    (2)  any individual member of any Indian
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0021|     nation, tribe or pueblo who is not acting on behalf of any
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0022|     Indian nation, tribe or pueblo that owns, operates or seeks to
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0023|     own or operate a casino, video gaming machine or other gaming
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0024|     interest described in this subsection; or
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0025|                    (3)  a lobbyist registered pursuant to the
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0001|     Lobbyist Regulation Act, provided the lobbyist ensures that no
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0002|     contribution he makes is made in any part on behalf of any
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0003|     person or entity who owns, operates, represents or seeks to
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0004|     own, operate or represent a casino, video gaming machine or
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0005|     other gaming interest described in this subsection.
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0006|               C.  For purposes of this section:
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0007|                    (1)  "distributor" means any person who
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0008|     acquires video gaming machines or associated equipment from a
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0009|     manufacturer and sells, leases or distributes the video gaming
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0010|     machines or associated equipment in New Mexico;
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0011|                    (2)  "manufacturer" means any person who
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0012|     assembles or produces video gaming machines or associated
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0013|     equipment for sale or use;
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0014|                    (3)  "operator" means any person who owns a
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0015|     business where video gaming machines or associated equipment
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0016|     are located; and
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0017|                    (4)  "video gaming machine" means an
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0018|     electronic, electromechanical or mechanical machine that, upon
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0019|     the insertion of coins or currency, is available to play or
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0020|     simulate the play of a game of chance and that records game
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0021|     credits that may be redeemed for cash or other prizes or pays
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0022|     out cash or coins directly to the player.
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0023|               D.  Any person who knowingly and willfully violates
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0024|     the provisions of this section is guilty of a fourth degree
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0025|     felony and shall be punished by a fine of not more than five
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0001|     thousand dollars ($5,000) or by imprisonment for a definite
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0002|     term not to exceed eighteen months or both."
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0003|          Section 2.  Section 1-19-36 NMSA 1978 (being Laws 1979,
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0004|     Chapter 360, Section 12, as amended) is amended to read:
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0005|          "1-19-36.  PENALTIES--CRIMINAL ENFORCEMENT.--
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0006|               A. <u>Unless otherwise provided in the Campaign
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<u></u>0007| <u>    Reporting Act</u>, any person who knowingly and willfully violates
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0008|     any provision of the Campaign Reporting Act is guilty of a
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0009|     misdemeanor and shall be punished by a fine of not more than
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0010|     one thousand dollars ($1,000) or by imprisonment for not more
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0011|     than one year or both.
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0012|               B.  The Campaign Reporting Act may be enforced by
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0013|     the attorney general or the district attorney in the county
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0014|     where the candidate resides, where a political committee has
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0015|     its principal place of business or where the violation
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0016|     occurred."
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0017|          Section 3.  EMERGENCY.--It is necessary for the public
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0018|     peace, health and safety that this act take effect immediately.
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0019|                              
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