SENATE BILL 360

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Peter Wirth and Larry A. Larrañaga

AN ACT

RELATING TO GAMING; PROHIBITING PERSONS UNDER TWENTY-ONE YEARS FROM PURCHASING NEW MEXICO LOTTERY TICKETS OR FROM ENGAGING IN PARI-MUTUEL WAGERING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 6-24-15 NMSA 1978 (being Laws 1995, Chapter 155, Section 15) is amended to read:

     "6-24-15. LOTTERY TICKETS--SALES.--

          A. The price of each lottery ticket shall be clearly stated on the ticket. No person shall sell a ticket at a price other than at the price established by the authority unless authorized in writing by the chief executive officer. No person other than a lottery retailer shall sell lottery tickets, but this subsection shall not be construed to prevent a person who may lawfully purchase tickets from making a gift of lottery tickets. Transactions between individuals on a nonprofit basis are permissible. Nothing in the New Mexico Lottery Act shall be construed to prohibit the authority from designating certain of its agents or employees to sell or give lottery tickets directly to the public.

          B. Lottery tickets may be given by merchants as a means of promoting goods or services to customers or prospective customers.

          C. Tickets shall not be sold to or purchased by individuals under [eighteen] twenty-one years of age. [Persons under eighteen years of age may receive lottery tickets as gifts.]

          D. Tickets may be purchased only with cash or a check and shall not be purchased on credit.

          E. The names of elected officials shall not appear on any lottery ticket."

     Section 2. Section 60-1A-15 NMSA 1978 (being Laws 2007, Chapter 39, Section 15) is amended to read:

     "60-1A-15. PARI-MUTUEL WAGERING AUTHORIZED--GAMBLING STATUTES DO NOT APPLY.--

          A. A racetrack licensee may conduct pari-mutuel wagering on live horse races or on simulcasted horse races.

          B. Pari-mutuel wagering may be conducted only on the licensed premises where a live horse race is conducted or where a simulcast horse race is televised or projected on the racing grounds of the licensed premises of a racetrack licensee.

          C. Individuals under twenty-one years of age shall not engage in pari-mutuel wagering on the licensed premises of a racetrack licensee.

          [C.] D. The sale to patrons present on the licensed premises of a racetrack licensee of pari-mutuel tickets or certificates is not gambling as defined in Section 30-19-2 or 30-19-3 NMSA 1978.

          [D.] E. Placing a wager while on the licensed premises of a racetrack licensee is not placing a bet pursuant to Section 30-19-1 NMSA 1978.

          [E.] F. The licensed premises of a horse racetrack is not a gambling place as defined in Section 30-19-1 NMSA 1978."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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