44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO PROHIBIT ALL FORMS OF GAMBLING EXCEPT LICENSED BINGO FOR THE BENEFIT OF CHARITABLE ORGANIZATIONS, RAFFLES FOR THE BENEFIT OF NONPROFIT ORGANIZATIONS, LICENSED HORSE RACING AND A STATE-OPERATED LOTTERY.

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

Section 1. It is proposed to amend Article 20 of the constitution of New Mexico by adding a new Section 23 to read:

"A. Except as may be allowed pursuant to Subsection B of this section, all gambling is prohibited in New Mexico.

B. The legislature may, by law, provide for licensed bingo games for the benefit of charitable organizations, raffles for the benefit of nonprofit organizations, licensed horse racing or a state-operated lottery.

C. As used in this section, "gambling" means an activity in which, upon payment of consideration, a player stands a chance to receive a prize or other thing of value, the award of which is determined by chance even though accompanied by some skill; provided, "gambling" does not include:

(1) bona fide business transactions that are valid under the law of contracts, including:

(a) contracts for the purchase or sale, at a future date, of securities or other commodities; or

(b) agreements to compensate for loss caused by the happening of chance, including contracts for indemnity or guaranty and life or health and accident insurance; or

(2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the bona fide owners of animals or vehicles entered in such contest.

D. The legislature shall, by law, enact such penalties and other provisions as are necessary to effectuate the purposes of this section."

Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date which may be called for that purpose.