FORTY-EIGHTH LEGISLATURE

FIRST SESSION, 2007

March 13, 2007

Mr. Speaker:

    Your BUSINESS AND INDUSTRY COMMITTEE, to whom has been referred

SENATE BILL 278

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 2, between lines 4 and 5, insert the following new subsection:

          "C. "antique gambling device" means a gambling device that was manufactured before 1970, that is substantially in its original condition and that is not used for gambling or commercial gambling and is not located in a gambling place;".

     2. Reletter the succeeding subsections accordingly.

     3. On page 10, between lines 3 and 4, insert the following new section:

     "Section 2. Section 60-2E-62 NMSA 1978 (being Laws 2002, Chapter 102, Section 18) is amended to read:

     "60-2E-62. CRIME--UNLAWFUL POSSESSION OF GAMING DEVICE.--

          A. It is unlawful for a person intentionally to possess an unlicensed or illegal gaming device, except that:

                (1) a distributor licensee or a manufacturer licensee may possess an unlicensed gaming device while awaiting transfer of the gaming device to a gaming operator licensee for licensure; and

                (2) a person may possess an unlicensed gaming device for the limited purposes provided for in Section 60-2E-13.1 NMSA 1978.

          B. A person may possess an antique gambling device [as defined in Subsection A of Section 30-19-1 NMSA 1978, provided the antique gambling device is not used in gambling].

          C. A person violating this section is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978."".,

and thence referred to the JUDICIARY COMMITTEE.