0001| HOUSE BILL 1260 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JOE NESTOR CHAVEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO GAMBLING; RAISING THE PERMISSIBLE WINNINGS LIMIT | 0012| FOR NONPROFIT BINGO AND RAFFLE GAMES; DECLARING AN EMERGENCY. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 60-2B-8 NMSA 1978 (being Laws 1981, | 0016| Chapter 259, Section 8) is amended to read: | 0017| "60-2B-8. PERSONS PERMITTED TO CONDUCT GAMES--PREMISES-- | 0018| EQUIPMENT--EXPENSES ~~[COMPENSATION]~~.-- | 0019| A. No person shall hold, operate or conduct any | 0020| games of chance under any license issued under the Bingo and | 0021| Raffle Act except an active member of the organization to which | 0022| the license is issued, and no person shall assist in the | 0023| holding, operating or conducting of any games of chance under | 0024| that license except an active member or a member of an | 0025| organization or association which is an auxiliary to the | 0001| licensee, a member of an organization or association of which | 0002| the licensee is an auxiliary or a member of an organization or | 0003| association which is affiliated with the licensee by being, | 0004| with it, auxiliary to another organization or association and | 0005| except bookkeepers or accountants as provided in this section. | 0006| No item of expense shall be incurred or paid in connection with | 0007| the holding, operating or conducting of any game of chance | 0008| held, operated or conducted pursuant to any license issued | 0009| under that act except bona fide expenses in reasonable amount | 0010| for goods, wares and merchandise furnished or services | 0011| rendered, reasonably necessary for the holding, operating or | 0012| conducting ~~[thereof]~~ of the game. No games of chance shall | 0013| be conducted with any equipment except that which is owned or | 0014| leased by the licensee. | 0015| B. The officers of a licensee shall designate a | 0016| bona fide active member of the licensee to be in charge of | 0017| and primarily responsible for the conduct of the games of bingo | 0018| or lotto on each occasion. The member in charge shall | 0019| supervise all activities on the occasion for which he is in | 0020| charge and be responsible for the making of the required | 0021| report. The member in charge shall be familiar with the | 0022| provisions of the state laws, the rules and regulations of the | 0023| licensing authority and the provisions of the license. He | 0024| shall be present on the premises continuously during the games | 0025| and for a period of at least thirty minutes after the last | 0001| game. | 0002| C. The officers of a licensee shall designate an | 0003| officer to be in full charge and primarily responsible for the | 0004| proper utilization of the entire net proceeds of any game in | 0005| accordance with state law. | 0006| D. The entire net proceeds of any game shall be | 0007| devoted to a lawful use ~~[or uses]~~. | 0008| E. Each license issued for the conduct of games of | 0009| chance shall be conspicuously displayed at the place where any | 0010| game is being conducted at all times during the conduct of the | 0011| game and for at least thirty minutes after the last game has | 0012| been concluded. | 0013| F. The premises where any game of chance is being | 0014| held, operated or conducted or where it is intended that any | 0015| equipment be used shall at all times be open to inspection by | 0016| the licensing authority, its agents and employees and by peace | 0017| officers of any political subdivision of the state. | 0018| G. No licensee may hold, operate or conduct a game | 0019| of bingo or lotto more often than on two hundred sixty | 0020| occasions in any calendar year. | 0021| H. When any merchandise prize is awarded in a game | 0022| of bingo, its value shall be its current retail price. No | 0023| merchandise prize shall be redeemable or convertible into cash | 0024| directly or indirectly. | 0025| I. Equipment, prizes and supplies for games of | 0001| bingo shall not be purchased or sold at prices in excess of the | 0002| usual price ~~[thereof]~~ of the equipment, prizes and | 0003| supplies. | 0004| J. The aggregate amount of all prizes offered or | 0005| given in all games played on a single occasion shall not exceed | 0006| ~~[one thousand five hundred dollars ($1,500)]~~ five thousand | 0007| dollars ($5,000), which shall be exclusive of pull tabs. | 0008| K. No games shall be conducted more than five times | 0009| in any one calendar week, with no game lasting more than four | 0010| hours on each occasion and not more than two occasions in one | 0011| calendar day by any one licensee. | 0012| L. The net profits derived from the holding of | 0013| games of chance ~~[must]~~ shall be devoted to the lawful | 0014| purposes of the organization permitted to conduct the games. | 0015| Any organization desiring to hold the net profits of games of | 0016| chance for a period longer than one year ~~[must]~~ shall apply | 0017| to the licensing authority for special permission, and, upon | 0018| good cause shown, the authority shall grant the request. | 0019| M. Any licensee which does not report, during any | 0020| one-year period, net profits ~~[will]~~ shall be required to | 0021| show cause before the licensing authority why its right to | 0022| conduct games of bingo should not be revoked. | 0023| N. No person shall assist in the holding, operating | 0024| or conducting of a bingo game under any license except bona | 0025| fide active members of the licensee, active members of any | 0001| organization which is an auxiliary to the licensee or active | 0002| members of an organization which is affiliated with the | 0003| licensee by being, with it, auxiliary to another organization. | 0004| O. The equipment used in the playing of bingo and | 0005| the method of play shall be such that each card has an equal | 0006| opportunity to be a winner. The objects or balls to be drawn | 0007| shall be essentially the same as to size, shape, weight, | 0008| balance and all other characteristics that may influence their | 0009| selection. All objects or balls shall be present in the | 0010| receptacle before each game is begun. All numbers announced | 0011| shall be plainly and clearly audible to all the players | 0012| present. Where more than one room is used for any one game, | 0013| the receptacle and the caller ~~[must]~~ shall be present in | 0014| the room where the greatest number of players are present, and | 0015| all numbers announced shall be plainly audible to the players | 0016| in the ~~[aforesaid]~~ room where the receptacle and caller are | 0017| and ~~[also]~~ audible to the players in the other rooms. A fair | 0018| and equal chance shall be given to all participants, and any | 0019| licensee, its representative, agent or employees whose acts or | 0020| action may tend to negate the "right of equal chance" shall | 0021| constitute grounds for revoking ~~[such]~~ the license. | 0022| P. The receptacle and the caller who removes the | 0023| objects or balls from the receptacle ~~[must]~~ shall be | 0024| visible to all the players at all times except where more than | 0025| one room is used for any one game, in which case the provisions | 0001| of Subsection O of this section shall prevail. | 0002| Q. The particular arrangement of numbers required | 0003| to be covered in order to win the game and the amount of the | 0004| prize shall be clearly and audibly described and announced to | 0005| the players immediately before each game is begun. | 0006| R. Any player is entitled to call for a | 0007| verification of all numbers drawn at the time a winner is | 0008| determined and for a verification of the objects or balls | 0009| remaining in the receptacle and not yet drawn. The | 0010| verification shall be made in the immediate presence of the | 0011| member designated to be in charge of the occasion ~~[but]~~ or, | 0012| if ~~[such]~~ that member is also the caller, ~~[then]~~ in the | 0013| immediate presence of any officer of the licensee. | 0014| S. In the playing of bingo, no person who is not | 0015| physically present on the premises where the game is actually | 0016| conducted shall be allowed to participate as a player in the | 0017| game. | 0018| T. No person shall act as a caller in the conduct | 0019| of any game of bingo unless he has been a member in good | 0020| standing of the licensee conducting the game or one of its | 0021| licensed auxiliaries for at least six months immediately prior | 0022| to the date of ~~[such]~~ the game, is of good moral character | 0023| and has never been convicted of a felony. | 0024| U. No owner, co-owner or lessee of the premises | 0025| ~~[or]~~ and, if a corporation is the owner of the premises, | 0001| ~~[any]~~ no officer, director or stockholder owning more than | 0002| ten percent of the outstanding stock shall be a person | 0003| responsible for or assisting in the holding, operating or | 0004| conducting of any game of bingo." | 0005| Section 2. EMERGENCY.--It is necessary for the public | 0006| peace, health and safety that this act take effect immediately. | 0007| State of New Mexico | 0008| House of Representatives | 0009| | 0010| FORTY-THIRD LEGISLATURE | 0011| FIRST SESSION, 1997 | 0012| | 0013| | 0014| March 4, 1997 | 0015| | 0016| | 0017| Mr. Speaker: | 0018| | 0019| Your BUSINESS AND INDUSTRY COMMITTEE, to whom | 0020| has been referred | 0021| | 0022| HOUSE BILL 1260 | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO PASS, and thence referred to the | 0001| TAXATION AND REVENUE COMMITTEE. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Fred Luna, Chairman | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 7 For 0 Against | 0019| Yes: 7 | 0020| Excused: Alwin, Hobbs, Lutz, J.G. Taylor, Varela | 0021| Absent: Getty | 0022| | 0023| | 0024| G:\BILLTEXT\BILLW_97\H1260 State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 12, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0012| been referred | 0013| | 0014| HOUSE BILL 1260 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, and thence referred to the | 0018| APPROPRIATIONS AND FINANCE COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| Jerry W. Sandel, Chairman | 0002| | 0003| | 0004| Adopted Not Adopted | 0005| | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 12 For 0 Against | 0011| Yes: 12 | 0012| Excused: Gubbels | 0013| Absent: None | 0014| | 0015| | 0016| G:\BILLTEXT\BILLW_97\H1260 State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-THIRD LEGISLATURE | 0020| FIRST SESSION, 1997 | 0021| | 0022| | 0023| March 14, 1997 | 0024| | 0025| | 0001| Mr. Speaker: | 0002| | 0003| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0004| whom has been referred | 0005| | 0006| HOUSE BILL 1260 | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS. | 0010| | 0011| Respectfully submitted, | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| Max Coll, Chairman | 0018| | 0019| | 0020| Adopted Not Adopted | 0021| | 0022| (Chief Clerk) (Chief Clerk) | 0023| | 0024| Date | 0025| | 0001| The roll call vote was 12 For 0 Against | 0002| Yes: 12 | 0003| Excused: Bird, Buffett, Coll, Marquardt, Picraux | 0004| Absent: None | 0005| | 0006| | 0007| G:\BILLTEXT\BILLW_97\H1260 | 0008| | 0009| FORTY-THIRD LEGISLATURE | 0010| FIRST SESSION, 1997 | 0011| | 0012| | 0013| March 21, 1997 | 0014| | 0015| Mr. President: | 0016| | 0017| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0018| referred | 0019| | 0020| HOUSE BILL 1260 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| __________________________________ | 0006| Shannon Robinson, Chairman | 0007| | 0008| | 0009| | 0010| Adopted_______________________ Not | 0011| Adopted_______________________ | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| | 0015| Date ________________________ | 0016| | 0017| | 0018| The roll call vote was 6 For 1 Against | 0019| Yes: 6 | 0020| No: Rodarte | 0021| Excused: Ingle, Smith | 0022| Absent: None | 0023| | 0024| | 0025| | 0001| | 0002| H1260PA1 |