Senate Bill text for SB0782

SENATE BILL 782

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO RAFFLES; ALLOWING THE NEW MEXICO STATE FAIR TO CONDUCT RAFFLES FOR PROMOTION AND TO AUGMENT REVENUES; DECLARING AN EMERGENCY.

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

Section 1. Section 60-2B-3 NMSA 1978 (being Laws 1981, Chapter 259, Section 3, as amended) is amended to read:

"60-2B-3. DEFINITIONS.--As used in the Bingo and Raffle Act:

A. "charitable organization" means any organization, not for pecuniary profit, [which] that is operated for the relief of poverty, distress or other condition of public concern in New Mexico and [which] that has been so engaged for three years immediately prior to making application for a license under the Bingo and Raffle Act and [which] that has been granted an exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501 (c) of the United States Internal Revenue Code of 1954, as amended or renumbered;

B. "chartered branch, lodge or chapter of a national or state organization" means any branch, lodge or chapter [which] that is a civic or service organization, not for pecuniary profit, and authorized by its written constitution, charter, articles of incorporation or bylaws to engage in a fraternal, civic or service purpose in New Mexico and [which] that has been so engaged for three years immediately prior to making application for a license under the Bingo and Raffle Act;

C. "commercial lessor" means an entity that leases space to a qualified organization;

D. "distributor" means a person who supplies equipment to a qualified organization but does not manufacture equipment;

E. "educational organization" means any organization within the state, not organized for pecuniary profit, whose primary purpose is educational in nature and designed to develop the capabilities of individuals by instruction and [which] that has been in existence in New Mexico for three years immediately prior to making application for a license under the Bingo and Raffle Act;

F. "fraternal organization" means any organization within the state, except college and high school fraternities, not for pecuniary profit, [which] that is a branch, lodge or chapter of a national or state organization and exists for the common business, brotherhood or other interests of its members and [which] that has existed in New Mexico for three years immediately prior to making application for a license under the Bingo and Raffle Act;

G. "labor organization" means any organization, not for pecuniary profit, within the state, [which] that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work and [which] that has existed in New Mexico for that purpose and has been so engaged for three years immediately prior to making application for a license under the Bingo and Raffle Act;

H. "qualified organization" means any bona fide chartered branch, lodge or chapter of a national or state organization or any bona fide religious, charitable, environmental, fraternal, educational or veterans' organization operating without profit to its members [which] that has been in existence in New Mexico continuously for a period of three years immediately prior to the making of an application for a license under the Bingo and Raffle Act and [which] that has had, during the entire three-year period, a dues-paying membership engaged in carrying out the objects of the corporation or organization. A voluntary firemen's organization is a qualified organization and a labor organization is a qualified organization for the purpose of the Bingo and Raffle Act if it uses the proceeds from a game of chance solely for scholarship or charitable purposes;

I. "environmental organization" means any organization primarily concerned with the protection and preservation of the natural environment and [which] that has existed in New Mexico for three years immediately prior to making application for a license under the Bingo and Raffle Act;

J. "religious organization" means any organization, church, body of communicants or group, not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship and religious observances or a society, not for pecuniary profit, of individuals united for religious purposes at a definite place, which organization, church, body of communicants, group or society has been so gathered or united in New Mexico for three years immediately prior to making application for a license under the Bingo and Raffle Act;

K. "veterans' organization" means any organization within the state or any branch, lodge or chapter of a national or state organization within this state, not for pecuniary profit, the membership of which consists of individuals who were members of the armed services or forces of the United States, [which] that has been in existence in New Mexico for three years immediately prior to making application for a license under the Bingo and Raffle Act;

L. "voluntary firemen's organization" means any organization for firefighting within the state, not for pecuniary profit, established by the state or any of its political subdivisions, [which] that has been in existence in New Mexico for three years immediately prior to making application for a license under the Bingo and Raffle Act;

M. "dues-paying membership" means those members of an organization who pay regular monthly, annual or other periodic dues or who are excused from paying such dues by the charter, articles of incorporation or bylaws of the organization and those who contribute voluntarily to the corporation or organization to which they belong for the support of the corporation or organization;

N. "equipment" means:

(1) with respect to bingo or lotto:

(a) the receptacle and numbered objects drawn from it;

(b) the master board upon which the numbered objects are placed as drawn;

(d) the board or signs, however operated, used to announce or display the numbers or designations as they are drawn;

(e) the public address system; and

(f) all other articles essential to the operation, conduct and playing of bingo or lotto; and

(2) with respect to a raffle, implements, devices and machines designed, intended or used for the conduct of raffles and the identification of the winning number or unit and the ticket or other evidence or right to participate in raffles;

O. "game of chance" means that specific kind of game of chance commonly known as bingo or lotto in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and that specific kind of game of chance commonly known as a raffle [which] that is conducted by drawing for prizes or the allotment of prizes by chance or by the selling of shares, tickets or rights to participate in the game;

P. "gross receipts" means receipts from the sale of shares, tickets or rights in any manner connected with participation in a game of chance or the right to participate in a game of chance, including any admission fee or charge, the sale of equipment or supplies and all other miscellaneous receipts;

Q. "lawful purposes" means:

(1) educational, charitable, patriotic, religious or public-spirited purposes, which terms are defined to be the benefiting of an indefinite number of persons either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them in establishing themselves in life, by erecting or maintaining public buildings or works, by providing legal assistance to peace officers or firemen in defending civil or criminal actions arising out of the performance of their duties or by otherwise lessening the burden of government. These terms include the erection, acquisition, improvement, maintenance, insurance or repair of property, real, personal or mixed, if the property is used for one or more of the purposes stated in this subsection; or

(2) to augment the revenue of and promote the New Mexico state fair;

R. "lawful use" means the devotion of the entire net proceeds of a game of chance exclusively to lawful purposes;

S. "licensee" means any qualified organization to which a license has been issued by the licensing authority;

T. "licensing authority" means the gaming control board;

U. "manufacturer" means a person who [manufacturers] manufactures, fabricates, assembles, produces, programs or makes modifications to equipment for use or play in New Mexico or for sale or distribution outside of New Mexico;

V. "member" means an individual who has qualified for membership in a qualified organization pursuant to its charter, articles of incorporation, bylaws, rules or other written statement;

W. "net proceeds" means the receipts less the expenses, charges, fees and deductions as are specifically authorized under the Bingo and Raffle Act;

X. "New Mexico state fair" means the fair created in Section 16-6-14 NMSA 1978;

[X.] Y. "occasion" means a single gathering or session at which a series of successive bingo or lotto games are played;

[Y.] Z. "person" means a natural person, firm, association, corporation or other legal entity; and

[Z.] AA. "premises" means any room, hall, enclosure or outdoor area used for the purpose of playing a game of chance."

Section 2. Section 60-2B-5 NMSA 1978 (being Laws 1981, Chapter 259, Section 5) is amended to read:

"60-2B-5. ORGANIZATIONS ENTITLED TO LICENSES--FEES.--

A. Any bona fide chartered branch, lodge or chapter of a national or state organization or any bona fide religious, charitable, labor, environmental, fraternal, educational or veterans' organization [which] that operates without profit to its members and [which] that has been in existence in New Mexico continuously for a period of three years immediately prior to the making of application for a license under the Bingo and Raffle Act and has had, during the making of application for a license under that act and during the entire three-year period, dues-paying [members] membership engaged in carrying out the objects of the corporation or organization is eligible for a license to be issued by the licensing authority under the Bingo and Raffle Act. In the event any license is revoked, the licensee and holder [thereof] of the license is not eligible to apply for another license under Subsection B of this section until after the expiration of the period of one year from the date of [such] revocation. Any voluntary firemen's organization established by the state or any political subdivision and [which] that has been in existence in New Mexico for three years shall also be an organization entitled to a license under the provisions of that act.

B. The licenses provided by the Bingo and Raffle Act shall be issued by the licensing authority to applicants qualified under that act upon payment of a fee of one hundred dollars ($100). The licenses shall expire at the end of the calendar year in which they are issued by the licensing authority and may be renewed by the licensing authority upon the filing of an application for renewal provided by the licensing authority and the payment of a fee of one hundred dollars ($100) for the renewal. [No] A license or renewal granted under that act [shall be] is not transferable.

C. The New Mexico state fair:

(1) may apply to the licensing authority for and shall be issued a license pursuant to the Bingo and Raffle Act to conduct games of chance on the grounds of the New Mexico state fair during the state fair; and

(2) shall pay a licensing fee to the licensing authority of one hundred dollars ($100) per calendar year at the time of application for or renewal of a license issued pursuant to the Bingo and Raffle Act.

D. A qualified organization may conduct a raffle on the grounds of the New Mexico state fair during the state fair only after:

(1) obtaining express prior approval of the state fair commission and the licensing authority; and

(2) payment of a fee to the state fair commission of one hundred dollars ($100) for each raffle conducted by the qualified organization."

Section 3. Section 60-2B-13 NMSA 1978 (being Laws 1981, Chapter 259, Section 13, as amended) is amended to read:

"60-2B-13. EXEMPTIONS.--Nothing in the Bingo and Raffle Act shall be construed to apply to:

A. a drawing or a prize at a fair or fiesta held in New Mexico under the sponsorship or authority of the state or any of its political subdivisions, or for the benefit of a church situated in this state or for charitable purposes when all the proceeds of the sale or drawing shall be expended within New Mexico for the benefit of that church or charitable purpose [provided the fair or fiesta has been held on an annual basis for not less than two years immediately preceding and for a period of not more than fourteen consecutive calendar days in each year]; or

B. bingo or a raffle held by a group or organization as defined in Section 60-2B-3 NMSA 1978 that holds bingo or a raffle only once during three consecutive calendar months and not exceeding four occasions in one calendar year."

Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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