HOUSE BILL 12

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nate Gentry

AN ACT

RELATING TO PUBLIC ASSISTANCE; ENACTING A NEW SECTION OF THE NEW MEXICO WORKS ACT TO PLACE SPENDING RESTRICTIONS ON CASH ASSISTANCE ISSUED PURSUANT TO THE NEW MEXICO WORKS ACT.

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

     SECTION 1. A new section of the New Mexico Works Act is enacted to read:

     "[NEW MATERIAL] CASH ASSISTANCE--SPENDING RESTRICTIONS.--

          A. The department shall adopt and promulgate rules to restrict participants from using cash assistance benefits in electronic benefits transfer transactions at:

                (1) a liquor store;

                (2) a gaming establishment; or

                (3) a retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

          B. As used in this section:

                (1) "electronic benefits transfer transaction" means the use of a debit card service automated teller machine, point-of-sale terminal or access to an online system for the withdrawal of funds or the process of a payment for merchandise or a service;

                (2) "gaming activity" means an activity in which, upon payment of consideration, a player receives a prize or other thing of value, the award of which is determined by chance even though accompanied by some skill;

                (3) "gaming establishment" means an establishment whose principal purpose of business is gaming activity. "Gaming establishment" does not include:

                     (a) a private residence in which no person makes money for operating the activity except through winnings as a player;

                     (b) a grocery store whose primary business is the sale of basic dietary items, even if the grocery store is located within the same building or complex as a gaming establishment; or

                     (c) an establishment that offers gaming activity incidental to the principal purposes of the business; and

                (4) "liquor store" means a retail establishment that sells exclusively or primarily intoxicating liquor. "Liquor store" does not mean a grocery store that sells both intoxicating liquor and basic dietary items."

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