HOUSE BILL 648

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO GAMBLING; PROHIBITING ACCOUNT WAGERING; AMENDING \SECTIONS OF THE NMSA 1978.

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

     Section 1. Section 30-19-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 19-1, as amended) is amended to read:

     "30-19-1. DEFINITIONS RELATING TO GAMBLING.--As used in Chapter 30, Article 19 NMSA 1978:

          A. "account wagering" means a system of betting in which an individual deposits money in an account and then uses the account balance to pay for bets placed in person, by telephone or by other electronic means, including by internet, wire or cable;

          [A.] B. "antique gambling device" means a gambling device manufactured before 1970 and substantially in original condition that is not used for gambling or commercial gambling or located in a gambling place;

          [B.] C. "bet" means a bargain in which the parties agree that, dependent upon chance, even though accompanied by some skill, one stands to win or lose anything of value specified in the agreement. A bet 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; and

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

                (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;

                (3) a lottery as defined in this section; or

                (4) betting otherwise permitted by law;

          [C.] D. "gambling device" means a contrivance other than an antique gambling device that is not licensed for use pursuant to the Gaming Control Act and that, for a consideration, affords the player an opportunity to obtain anything of value, the award of which is determined by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the device;

          [D.] E. "gambling place" means a building or tent, a vehicle, whether self-propelled or not, or a room within any of them that is not within the premises of a person licensed as a lottery retailer or that is not licensed pursuant to the Gaming Control Act, one of whose principal uses is:

                (1) making and settling of bets;

                (2) receiving, holding, recording or forwarding bets or offers to bet;

                (3) conducting lotteries; or

                (4) playing gambling devices; and

          [E.] F. "lottery" means an enterprise wherein, for a consideration, the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill. "Lottery" does not include the New Mexico state lottery established and operated pursuant to the New Mexico Lottery Act or gaming that is licensed and operated pursuant to the Gaming Control Act. As used in this subsection, "consideration" means anything of pecuniary value required to be paid to the promoter in order to participate in a gambling or gaming enterprise."

     Section 2. Section 30-19-15 NMSA 1978 (being Laws 1979, Chapter 4, Section 1) is amended to read:

     "30-19-15. UNLAWFUL TO ACCEPT FOR PROFIT ANYTHING OF VALUE TO BE TRANSMITTED OR DELIVERED FOR GAMBLING--ACCOUNT WAGERING UNLAWFUL--PENALTY.--

          A. It is unlawful for any person to, directly or indirectly, knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for gambling or parimutuel wagering on the results of a race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever.

          B. It is unlawful for a person to receive, transmit or forward information or anything of value to place a bet or to assist in the placing of a bet through the use of a system of account wagering, whether the account wagering system is located within or outside of New Mexico.

          [B.] C. None of the provisions of this [act] section shall be construed to prohibit the operation or continued operation of bingo programs [presently] currently conducted for charitable purposes.

          [C.] D. Any person violating any of the provisions of this section is guilty of a fourth degree felony."

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