0001| HOUSE BILL 350 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| FRED LUNA | 0005| | 0006| BY REQUEST | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO GAMING; AMENDING SECTIONS OF THE BINGO AND RAFFLE | 0012| ACT; ALLOWING CERTAIN DEVICES TO BE USED FOR PULLTABS; | 0013| PERMITTING PROGRESSIVE PULLTABS; INCREASING THE TAX ON BINGO | 0014| AND RAFFLE LICENSEES; PERMITTING TAXES TO BE DEDUCTED FROM | 0015| BINGO AND RAFFLE INCOME. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 60-2B-3 NMSA 1978 (being Laws 1981, | 0019| Chapter 259, Section 3, as amended) is amended to read: | 0020| "60-2B-3. DEFINITIONS.--As used in the Bingo and Raffle | 0021| Act: | 0022| A. "charitable organization" means any | 0023| organization, not for pecuniary profit, which is operated for | 0024| the relief of poverty, distress or other condition of public | 0025| concern in New Mexico and which has been so engaged for three | - 1 - 0001| years immediately prior to making application for a license | 0002| under the Bingo and Raffle Act and which has been granted an | 0003| exemption from federal income tax by the United States | 0004| commissioner of internal revenue as an organization described | 0005| in Section 501 (c) of the United States Internal Revenue Code | 0006| of 1954, as amended or renumbered; | 0007| B. "chartered branch, lodge or chapter of a | 0008| national or state organization" means any branch, lodge or | 0009| chapter which is a civic or service organization, not for | 0010| pecuniary profit, and authorized by its written constitution, | 0011| charter, articles of incorporation or bylaws to engage in a | 0012| fraternal, civic or service purpose in New Mexico and which | 0013| has been so engaged for three years immediately prior to | 0014| making application for a license under the Bingo and Raffle | 0015| Act; | 0016| C. "educational organization" means any | 0017| organization within the state, not organized for pecuniary | 0018| profit, whose primary purpose is educational in nature and | 0019| designed to develop the capabilities of individuals by | 0020| instruction and which has been in existence in New Mexico for | 0021| three years immediately prior to making application for a | 0022| license under the Bingo and Raffle Act; | 0023| D. "fraternal organization" means any organization | 0024| within the state, except college and high school fraternities, | 0025| not for pecuniary profit, which is a branch, lodge or chapter | - 2 - 0001| of a national or state organization and exists for the common | 0002| business, brotherhood or other interests of its members and | 0003| which has existed in New Mexico for three years immediately | 0004| prior to making application for a license under the Bingo and | 0005| Raffle Act; | 0006| E. "labor organization" means any organization, | 0007| not for pecuniary profit, within the state which exists for | 0008| the purpose, in whole or in part, of dealing with employers | 0009| concerning grievances, labor disputes, wages, rates of pay, | 0010| hours of employment or conditions of work and which has | 0011| existed in New Mexico for that purpose and has been so engaged | 0012| for three years immediately prior to making application for a | 0013| license under the Bingo and Raffle Act; | 0014| F. "qualified organization" means any bona fide | 0015| chartered branch, lodge or chapter of a national or state | 0016| organization or any bona fide religious, charitable, | 0017| environmental, fraternal, educational or veterans' | 0018| organization operating without profit to its members which has | 0019| been in existence in New Mexico continuously for a period of | 0020| three years immediately prior to the making of an application | 0021| for a license under the Bingo and Raffle Act and which has | 0022| had, during the entire three-year period, a dues-paying | 0023| membership engaged in carrying out the objects of the | 0024| corporation or organization. A voluntary firemen's | 0025| organization is a qualified organization and a labor | - 3 - 0001| organization is a qualified organization for the purpose of | 0002| the Bingo and Raffle Act if it uses the proceeds from a game | 0003| of chance solely for scholarship or charitable purposes; | 0004| G. "environmental organization" means any | 0005| organization primarily concerned with the protection and | 0006| preservation of the natural environment and which has existed | 0007| in New Mexico for three years immediately prior to making | 0008| application for a license under the Bingo and Raffle Act; | 0009| H. "religious organization" means any | 0010| organization, church, body of communicants or group, not for | 0011| pecuniary profit, gathered in common membership for mutual | 0012| support and edification in piety, worship and religious | 0013| observances or a society, not for pecuniary profit, of | 0014| individuals united for religious purposes at a definite place, | 0015| which organization, church, body of communicants, group or | 0016| society has been so gathered or united in New Mexico for three | 0017| years immediately prior to making application for a license | 0018| under the Bingo and Raffle Act; | 0019| I. "veterans' organization" means any organization | 0020| within the state or any branch, lodge or chapter of a national | 0021| or state organization within this state, not for pecuniary | 0022| profit, the membership of which consists of individuals who | 0023| were members of the armed services or forces of the United | 0024| States, which has been in existence in New Mexico for three | 0025| years immediately prior to making application for a license | - 4 - 0001| under the Bingo and Raffle Act; | 0002| J. "voluntary firemen's organization" means any | 0003| organization for firefighting within the state, not for | 0004| pecuniary profit, established by the state or any of its | 0005| political subdivisions, which has been in existence in New | 0006| Mexico for three years immediately prior to making application | 0007| for a license under the Bingo and Raffle Act; | 0008| K. "dues-paying membership" means those members of | 0009| an organization who pay regular monthly, annual or other | 0010| periodic dues or who are excused from paying such dues by the | 0011| charter, articles of incorporation or bylaws of the | 0012| organization and those who contribute voluntarily to the | 0013| corporation or organization to which they belong for the | 0014| support of the corporation or organization; | 0015| L. "equipment" means, with respect to bingo or | 0016| lotto, the receptacle and numbered objects drawn from it; the | 0017| master board upon which the numbered objects are placed as | 0018| drawn; the cards or sheets bearing numbers or other | 0019| designations to be covered and the objects used to cover them; | 0020| the board or signs, however operated, used to announce or | 0021| display the numbers or designations as they are drawn; the | 0022| public address system; and all other articles essential to the | 0023| operation, conduct and playing of bingo or lotto; or, with | 0024| respect to raffles or pulltabs, implements, devices and | 0025| machines, including blower machines, designed, intended or | - 5 - 0001| used for the conduct of raffles or pulltabs and the | 0002| identification of the winning number or unit and the ticket or | 0003| other evidence or right to participate in raffles or pulltabs | 0004| on a progressive basis or otherwise; | 0005| M. "game of chance" means that specific kind of | 0006| game of chance commonly known as bingo or lotto in which | 0007| prizes are awarded on the basis of designated numbers or | 0008| symbols on a card conforming to numbers or symbols selected at | 0009| random and that specific kind of game of chance commonly known | 0010| as raffles or pulltabs which is conducted by drawing for | 0011| prizes, progressive or otherwise, or the allotment of prizes | 0012| by chance or by the selling of shares, tickets or rights to | 0013| participate in the game; | 0014| N. "gross receipts" means receipts from the sale | 0015| of shares, tickets or rights in any manner connected with | 0016| participation in a game of chance or the right to participate | 0017| in a game of chance, including any admission fee or charge, | 0018| the sale of equipment or supplies and all other miscellaneous | 0019| receipts; | 0020| O. "lawful purposes" means educational, | 0021| charitable, patriotic, religious or public-spirited purposes, | 0022| which terms are defined to be the benefiting of an indefinite | 0023| number of persons either by bringing their minds or hearts | 0024| under the influence of education or religion, by relieving | 0025| their bodies from disease, suffering or constraint, by | - 6 - 0001| assisting them in establishing themselves in life, by erecting | 0002| or maintaining public buildings or works, by providing legal | 0003| assistance to peace officers or firemen in defending civil or | 0004| criminal actions arising out of the performance of their | 0005| duties or by otherwise lessening the burden of government. | 0006| These terms include the payment of all taxes imposed by city, | 0007| county, state or federal taxing authorities, erection, | 0008| acquisition, improvement, maintenance, insurance or repair of | 0009| property, real, personal or mixed, if the property is used for | 0010| one or more of the purposes stated in this subsection; | 0011| P. "lawful use" means the devotion of the entire | 0012| net proceeds of a game of chance exclusively to lawful | 0013| purposes and not to unlawful purposes; | 0014| Q. "licensee" means any qualified organization to | 0015| which a license has been issued by the licensing authority; | 0016| R. "licensing authority" means the regulation and | 0017| licensing department; | 0018| S. "member" means an individual who has qualified | 0019| for membership in a qualified organization pursuant to its | 0020| charter, articles of incorporation, bylaws, rules or other | 0021| written statement; | 0022| T. "net proceeds" means the receipts less the | 0023| expenses, charges, fees and deductions as are specifically | 0024| authorized under the Bingo and Raffle Act; | 0025| U. "occasion" means a single gathering or session | - 7 - 0001| at which a series of successive bingo or lotto games is | 0002| played; | 0003| V. "person" means a natural person, firm, | 0004| association, corporation or other legal entity; ~~[and]~~ | 0005| W. "premises" means any room, hall, enclosure or | 0006| outdoor area used for the purpose of playing a game of chance; | 0007| and | 0008| X. "unlawful purposes" means prohibited | 0009| transactions as described in the federal Internal Revenue Code | 0010| of 1986." | 0011| Section 2. Section 60-2B-11 NMSA 1978 (being Laws 1981, | 0012| Chapter 259, Section 11) is amended to read: | 0013| "60-2B-11. FORFEITURE OF LICENSE--INELIGIBILITY TO APPLY | 0014| FOR LICENSE.--Any person who makes any false statement in any | 0015| application for any license or in any statement annexed | 0016| ~~[thereto]~~ to an application, fails to keep sufficient | 0017| books and records to substantiate the quarterly reports | 0018| required under Section ~~[8 of the Bingo and Raffle Act]~~ 60- | 0019| 2B-9 NMSA 1978, falsifies any books or records insofar as | 0020| they relate to any transaction connected with the holding, | 0021| operating and conducting of any game of chance under any | 0022| ~~[such]~~ license or violates any of the provisions of the | 0023| Bingo and Raffle Act or of any term of the license, if | 0024| convicted, in addition to suffering any other penalties which | 0025| may be imposed shall forfeit any license issued to him under | - 8 - 0001| that act and shall be ineligible to apply for a license under | 0002| that act for at least one year ~~[thereafter]~~ after | 0003| conviction." | 0004| Section 3. EFFECTIVE DATE.--The effective date of the | 0005| provisions of this act is July 1, 1998. | 0006| |