reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-8 - Municipalities; use of certain revenues authorized.

Upon adoption of an ordinance or resolution by an affirmative vote of a majority of the members of the governing body at any regular or special meeting of the governing body called for this purpose, a municipality may pledge utility cost savings, conservation-related cost savings or any or all revenues not otherwise pledged or obligated from gross receipts taxes received by the municipality pursuant to Section 7-1-6.4 NMSA 1978 and Section 7-1-6.12 NMSA 1978 for payments pursuant to a guaranteed utility savings contract with a qualified provider and any installment payment contract or lease-purchase agreement pursuant to that guaranteed utility savings contract. The ordinance or resolution shall declare the necessity for the guaranteed utility savings contract and related contracts or agreements and shall designate the source of the pledged revenues. Any revenues pledged for such contract payments shall be deposited in a special fund, and the municipality shall not use any other revenues to make such payments. At the end of each fiscal year, any money remaining in the special fund after payment obligations are met may be transferred to any other fund of the municipality.
History:
Laws 1993, ch. 231, § 8; 1997, ch. 42, § 9; 2001, ch. 247, § 8.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "or resolution" following "ordinance" in the first and second sentences; and inserted "utility cost savings, conservation-related cost savings or" in the first sentence.
The 1997 amendment,
effective June 20, 1997, substituted "utility" for "energy" throughout the section and deleted "Subsections A and E of" preceding "Section 7-1-6.12 NMSA 1978" in the first sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Constitutionality, construction, and application of state and local public-utility-gross-receipts-tax statutes - modern cases, 58 A.L.R.5th 187.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-9 - Counties; use of certain revenues authorized.

Upon adoption of an ordinance or resolution by an affirmative vote of a majority of the members of the board of county commissioners at any regular or special meeting of the board called for this purpose, a county may pledge utility cost savings, conservation-related cost savings or any or all of the revenue not otherwise pledged or obligated from the first one-eighth of one percent increment and of one-half of the revenue from the third one-eighth of one percent increment of the county gross receipts tax transferred to the county pursuant to Section 7-1-6.13 NMSA 1978 and any or all of the revenue from the distribution related to the first one-eighth of one percent increment made pursuant to Section 7-1-6.16 NMSA 1978 for the purpose of making payments pursuant to a guaranteed utility savings contract with a qualified provider or any installment payment contract or lease-purchase agreement pursuant to that guaranteed utility savings contract. The ordinance or resolution shall declare the necessity for the guaranteed utility savings contract and related contracts or agreements and shall designate the source of the pledged revenues. Any revenues pledged for such contract payments shall be deposited in a special fund and the county shall not use any other county or state revenue to make such payments. At the end of each fiscal year, any money remaining in the special fund after the payment obligations are met may be transferred to any other fund of the county.
History:
Laws 1993, ch. 231, § 9; 1997, ch. 42, § 10; 2001, ch. 247, § 9.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "or resolution" following "ordinance" in the first and second sentences; and inserted "utility cost savings, conservation-related cost savings or" in the first sentence.
The 1997 amendment,
effective June 20, 1997, substituted "utility" for "energy" throughout the section and deleted "Subsection B of" preceding "Section 7-1-6.13 NMSA 1978" in the first sentence.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-10 - State institutions and buildings; use of certain revenues authorized.

Resulting utility cost savings and conservation-related cost savings, income from lands granted for the use of certain institutions and public buildings and deposited in income funds for such institutions and buildings pursuant to Section 19-1-17 NMSA 1978 or special funds of institutions may be appropriated and pledged for payments pursuant to a guaranteed utility savings contract or related lease-purchase agreement or installment payment contract pursuant to the Public Facility Energy Efficiency and Water Conservation Act. Money appropriated for that purpose shall be deposited in a special fund or account of the institution or fund and that revenue and no other revenue shall be pledged for payments pursuant to the Public Facility Energy Efficiency and Water Conservation Act.
History:
Laws 1993, ch. 231, § 10; 1997, ch. 42, § 11; 1999, ch. 257, § 4; 2001, ch. 247, § 10; 2009, ch. 138, § 4.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, at the beginning of the section, added "Resulting utility cost savings and conservation-related cost savings"; and deleted former Subsection D, which provided for the pledge of resulting utility cost savings or conservation-related cost savings for payment under a contract.
The 2001 amendment,
effective June 15, 2001, inserted the Subsection A designation and added Subsection B; in Subsection A, substituted "Public Facility" for "Public Building" in two places and inserted "except as provided in Subsection B of this section".
The 1999 amendment,
effective June 18, 1999, inserted "and special funds of institutions" preceding "may be" and substituted "pledged for" for "used to make such" near the end of the section.
The 1997 amendment,
effective June 20, 1997, in the first sentence, substituted "utility" for "energy" and inserted "and Water Conservation", and in the second sentence, inserted "pursuant" and inserted "and Water Conservation".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-1 - Short title.

Chapter 6, Article 24 NMSA 1978 may be cited as the "New Mexico Lottery Act".
History:
Laws 1995, ch. 155, § 1; 2007, ch. 72, § 1.
ANNOTATIONS
Cross references.
— For criminal offenses related to gambling,
see
Chapter 30, Article 19 NMSA 1978.
For the Gaming Control Act,
see
Chapter 60, Article 2E NMSA 1978.
The 2007 amendment,
effective July 1, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-2 - Legislative findings.

The legislature finds that:
A. lotteries have been enacted in many states and the revenues generated from those lotteries have contributed to the benefit of the residents of those states;
B. many New Mexicans already participate in other state lotteries and support the establishment of a state lottery in New Mexico; and
C. the most desirable, efficient and effective mechanism for operation of a state lottery is an independent lottery authority organized as a business enterprise separate from state government, without need for state revenues or resources and subject to oversight, audit and accountability by public officials and agencies.
History:
Laws 1995, ch. 155, § 2.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-3 - Purposes.

The purposes of the New Mexico Lottery Act are to:
A. establish and provide for the conduct of a fair and honest lottery for the entertainment of the public; and
B. provide the maximum amount of revenues, without imposing additional taxes or using other state revenues, for the purpose of providing tuition assistance to resident undergraduates at New Mexico post-secondary educational institutions.
History:
Laws 1995, ch. 155, § 3; 2001, ch. 300, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, in Subsection B, deleted former Paragraph (1) listing funding critical capital outlay needs of public schools and deleted the paragraph designation of former Paragraph (2).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-4 - Definitions.

As used in the New Mexico Lottery Act:
A. "authority" means the New Mexico lottery authority;
B. "board" means the board of directors of the authority;
C. "chief executive officer" means the chief executive officer of the authority appointed by the board pursuant to the New Mexico Lottery Act;
D. "lottery" means the New Mexico state lottery established and operated by the authority pursuant to the New Mexico Lottery Act;
E. "lottery contractor" means a person with whom the authority has contracted for the purpose of providing goods or services for the lottery;
F. "lottery game" means any variation of the following types of games, but does not include any video lottery game:
(1) an instant-win game in which disposable tickets contain certain preprinted winners that are determined by rubbing or scraping an area or areas on the tickets to match numbers, letters, symbols or configurations, or any combination thereof, as provided by the rules of the game; provided, an instant-win game may also provide for preliminary and grand prize drawings conducted pursuant to the rules of the game; and
(2) an on-line lottery game in which a lottery game is hooked up to a central computer via a telecommunications system through which a player selects a specified group of numbers or symbols out of a predetermined range of numbers or symbols and purchases a ticket bearing the player-selected numbers or symbols for eligibility in a drawing regularly scheduled in accordance with game rules;
G. "lottery retailer" means a person with whom the authority has contracted for the purpose of selling tickets in lottery games to the public;
H. "lottery vendor" means any person who submits a bid, proposal or offer as part of a major procurement contract and any person who is awarded a major procurement contract; and
I. "person" means an individual or any other legal entity.
History:
Laws 1995, ch. 155, § 4; 2007, ch. 72, § 2.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, eliminated the definitions of "major procurement contract" and "net revenues".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-7 - Board of directors; duties.

The board shall provide the authority with the private-sector perspective of a large marketing enterprise and shall make every effort to exercise sound and prudent business judgment in its management and promotion of the lottery. It is the duty of the board to:
A. adopt all rules, policies and procedures necessary for the establishment and operation of the lottery;
B. maximize the revenue for the public purposes of the New Mexico Lottery Act and to that end assure that all rules, policies and procedures adopted further revenue maximization;
C. appoint a chief executive officer, prescribe the chief executive officer's qualifications, duties and salary and set the salaries of the other officers and employees of the authority;
D. approve, disapprove, amend or modify the annual budget recommended by the chief executive officer for the operation of the authority;
E. approve or disapprove all procurements over seventy-five thousand dollars ($75,000);
F. supervise the chief executive officer and the other officers and employees of the authority and meet with the chief executive officer at least once every three months to make and consider recommendations, set policies, determine types and forms of lottery games to be operated by the lottery and transact other necessary business;
G. conduct, with the chief executive officer, a continuing study of the lottery and other state lotteries to improve the efficiency, profitability and security of the authority and the lottery;
H. prepare quarterly and annual reports and maintain records as required under the New Mexico Lottery Act;
I. pursue other matters necessary, desirable or convenient for the efficient and effective operation of lottery games, the continued entertainment and convenience of the public and the integrity of the lottery; and
J. support problem gambling initiatives and provide information to players about where to obtain problem gambling assistance in New Mexico.
History:
Laws 1995, ch. 155, § 7; 2007, ch. 72, § 3.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, required the board to approve procurements over $75,000, and added Subsection J to require the board to support problem gambling initiatives, and provide information about where to find gambling assistance.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-8 - Lottery games; adoption of rules, policies and procedures by board.

The board may adopt rules, policies and procedures for the conduct of lottery games in general, including, but not limited to the following matters:
A. the type of games to be conducted, which may include any type of lottery game not prohibited by the New Mexico Lottery Act;
B. the percentage of lottery revenues that shall be returned to the public in the form of lottery prizes;
C. the method and location of selecting or validating winning tickets;
D. the manner and time of payment of prizes, which may include lump-sum payments or installments over a period of years;
E. the manner of payments of prizes to the holders of winning tickets;
F. the frequency of games and drawings or selection of winning tickets;
G. the method to be used in selling tickets, which may include the use of electronic or mechanical devices;
H. the price of each ticket and the number and size of prizes;
I. the conduct of drawings and determination of winners of lottery games;
J. requirements governing lottery tickets, including, but not limited to, requirements that all instant-win tickets be recyclable; and
K. any and all other matters necessary, desirable or convenient toward ensuring the efficient and effective operation of lottery games.
History:
Laws 1995, ch. 155, § 8.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-9 - Legislative oversight; legislative finance committee; duties.

A. The legislative finance committee shall oversee the operations of the authority, as well as periodically review and evaluate the success with which the authority is accomplishing its duties and operating the lottery pursuant to the New Mexico Lottery Act. The committee may conduct an independent audit or investigation of the lottery or the authority.
B. The legislative finance committee shall report annually its findings and recommendations on the lottery and the operation of the authority to each regular session of the legislature.
History:
Laws 1995, ch. 155, § 9; 2001, ch. 91, § 1.
ANNOTATIONS
The 2001 amendment,
effective April 2, 2001, eliminated the lottery oversight committee and provided for the legislative oversight of the lottery by the legislative finance committee.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-10 - Chief executive officer; compensation; appointment; duties.

A. The board shall appoint and set the compensation of a "chief executive officer", who shall serve at the pleasure of the board.
B. The chief executive officer, who shall be an employee of the authority, shall:
(1) manage and direct the operation of the lottery and all administrative and technical activities of the authority in accordance with the provisions of the New Mexico Lottery Act and pursuant to rules, policies and procedures adopted by the board pursuant to that act;
(2) employ and supervise such personnel as deemed necessary;
(3) with the approval of the board and pursuant to rules, policies and procedures adopted by the board, enter into contracts for materials, equipment and supplies to be used in the operation of the lottery, for the design and installation of lottery games, for consultant services and for promotion of the lottery;
(4) contract with lottery retailers pursuant to the New Mexico Lottery Act and board rules;
(5) promote or provide for promotion of the lottery and any functions related to the authority;
(6) hire an executive vice president for security and an internal auditor and take all necessary measures to provide for the security and integrity of the lottery;
(7) prepare an annual budget for the approval of the board;
(8) provide quarterly to the board, the governor and the legislative finance committee a full and complete report of lottery revenues and expenses for the preceding quarter; and
(9) perform such other duties as are necessary to implement and administer the lottery.
C. The chief executive officer may refuse to renew a lottery contract in accordance with the provisions of the New Mexico Lottery Act or the rules, policies and procedures of the board.
D. The chief executive officer or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery operations or to determine the qualifications of or compliance by lottery vendors and lottery retailers.
History:
Laws 1995, ch. 155, § 10; 2001, ch. 91, § 2.
ANNOTATIONS
The 2001 amendment,
effective April 2, 2001, deleted "and lottery oversight committee" following "the governor" in Subsection B(8).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-11 - Employees; conflict of interest; investigations; bonds.

A. No employee of the authority shall participate in any decision involving a lottery retailer with whom the employee has a financial interest.
B. No employee of the authority who leaves the employment of the authority may represent any lottery vendor or lottery retailer before the authority for a period of two years following termination of employment with the authority.
C. A background investigation shall be conducted on each applicant who has reached the final selection process prior to employment by the authority. The authority is authorized to pay for the actual cost of such investigations and may contract with the department of public safety for the performance of the investigations.
D. The authority shall bond authority employees with access to authority funds or lottery revenue in an amount determined by the board and may bond other employees as deemed necessary.
History:
Laws 1995, ch. 155, § 11.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-13 - Determination of confidential information; applicability of Open Meetings Act; criminal investigations.

A. The authority is specifically authorized to determine which information relating to the operation of the lottery is confidential. Such information is limited to trade secrets and proprietary information; security measures, systems or procedures; security reports; information concerning bids or other contract data during the negotiation process, the disclosure of which would impair the efforts of the authority to contract for goods or services on favorable terms; and information obtained pursuant to investigations that would be protected from public disclosure under the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
B. The authority is subject to the provisions of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]; provided that meetings or portions of meetings devoted to discussing information deemed to be confidential pursuant to Subsection A of this section are exempt from the provisions of that act.
C. The authority or its authorized agent shall:
(1) conduct criminal background investigations and credit investigations on all potential lottery retailers and all lottery vendors prior to the execution of any contract with a lottery retailer or a lottery vendor;
(2) supervise ticket validation and lottery drawings;
(3) inspect at times determined solely by the authority the facilities of any lottery vendor or lottery retailer in order to determine the integrity of the lottery vendor's product or the operations of the lottery retailer in order to determine whether the lottery vendor or the lottery retailer is in compliance with its contract;
(4) report any suspected violations of the New Mexico Lottery Act to the appropriate district attorney, the attorney general or to any law enforcement agency having jurisdiction over the violation; and
(5) upon request, provide assistance to any district attorney, the attorney general or a law enforcement agency investigating a violation of the New Mexico Lottery Act.
History:
Laws 1995, ch. 155, § 13.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-14 - Lottery retailers; contracts; sales commission; bonds.

A. Lottery tickets shall be sold only by a lottery retailer who, pursuant to a contract with the authority, has been issued a certificate of authority signed by the chief executive officer. The lottery retailer shall display the certificate conspicuously at each authorized location. No lottery retailer shall sell a lottery ticket except from the locations listed in his contract and as evidenced by his certificate of authority unless the authority authorizes in writing any temporary location not listed in his contract.
B. Before entering into a contract with a lottery retailer applicant, the chief executive officer shall consider:
(1) the financial responsibility and security of the applicant and his business or activity;
(2) the accessibility of his place of business or activity to the public; and
(3) the sufficiency of existing licenses to serve the public convenience and the volume of the expected sales.
C. No person shall be a lottery retailer who:
(1) is under eighteen years of age;
(2) is engaged exclusively in the business of selling lottery tickets;
(3) is a lottery vendor or an employee or agent of any lottery vendor doing business in New Mexico;
(4) has been found to have violated any provisions of the New Mexico Lottery Act or any rule adopted by the board pursuant to that act; or
(5) fails to certify to the chief executive officer that his premises are in compliance with the federal Americans with Disabilities Act of 1990.
D. All lottery retailer contracts may be renewable annually in the discretion of the authority unless sooner terminated.
E. The authority to act as a lottery retailer is not assignable or transferable.
F. Lottery retailer applicants shall pay an application fee established by the board to cover the cost of investigating and processing the application.
G. The board shall determine the commission to be paid lottery retailers for their sales of lottery tickets.
H. Each lottery retailer shall keep a complete and current set of records accounting for all of his sales of lottery tickets and shall provide it for inspection upon request of the board, the chief executive officer, the legislative finance committee or the attorney general.
I. Lottery retailers shall make payments to the lottery only by check, bankdraft, electronic fund transfer or other recorded, noncash financial transfer method as determined by the chief executive officer.
J. No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board.
History:
Laws 1995, ch. 155, § 14.
ANNOTATIONS
Cross references.
— For provisions regarding the deduction of lottery game receipts from gross receipts,
see
7-9-87 NMSA 1978.
For the federal Americans with Disabilities Act,
see
42 U.S.C.S. § 12101 et seq.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 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 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.
History:
Laws 1995, ch. 155, § 15.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-16 - Termination of lottery retailer contracts.

A. Any lottery retailer contract executed by the authority pursuant to the New Mexico Lottery Act shall specify the reasons for which a contract may be terminated by the authority, which reasons shall include but not be limited to:
(1) a violation of the New Mexico Lottery Act or any rule, policy or procedure of the board adopted pursuant to that act;
(2) failure to accurately or timely account for lottery tickets, lottery games, revenues or prizes as required by the authority;
(3) commission of any fraud, deceit or misrepresentation;
(4) failure to achieve sales goals established by the lottery;
(5) conduct prejudicial to public confidence in the lottery;
(6) the lottery retailer's filing for or being placed in bankruptcy or receivership;
(7) any material change as determined in the sole discretion of the authority in any matter considered by the authority in executing the contract with the lottery retailer; and
(8) failure to meet any of the objective criteria established by the authority pursuant to the New Mexico Lottery Act.
B. The chief executive officer may terminate a contract with a lottery retailer for violations or actions that according to the terms of the contract, pursuant to Subsection A of this section, require termination.
History:
Laws 1995, ch. 155, § 16.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-18 - Felony and gambling-related convictions; ineligibility for lottery positions.

No person who has been convicted of a felony or a gambling-related offense under federal law or the law of any state may be a board member, chief executive officer, officer or employee of the authority, lottery vendor or lottery retailer. Prior to appointment as a board member, chief executive officer or other officer or employee, a person shall submit to the board a full set of fingerprints made at a law enforcement agency by an agent or officer of such agency on forms supplied by the authority. The executive vice president for security may require a lottery retailer to submit fingerprints prior to completing a contract.
History:
Laws 1995, ch. 155, § 18.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-19 - Procurement; competitive proposals.

The authority shall enter into a contract for a procurement after evaluating competitive proposals and shall not design requests for proposals to provide only for sole source contracts. The authority shall conduct its own procurement, but the authority shall conduct all procurement in accordance with the Procurement Code [13-1-28 to 13-1-199 NMSA 1978]. In all procurement decisions, the authority shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure security, honesty, fairness and integrity in the operation and administration of the lottery and the objectives of raising revenue for the public purposes of the New Mexico Lottery Act. Procurements shall not be artificially divided to reduce the cost of the procurement below the procurement thresholds provided in the Procurement Code.
History:
Laws 1995, ch. 155, § 19; 2007, ch. 72, § 4.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, required the authority to comply with the Procurement Code.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-21 - Drawings for and payment of prizes; unclaimed prizes; applicability of taxation.

A. All lottery prize drawings shall be open to the public. If the prior written approval of the chief executive officer and the executive vice president for security are obtained, the selection of winning entries may be performed by an employee of the lottery. A member of the board shall not perform the selection of a winning entry. Drawings for a prize of more than five thousand dollars ($5,000) shall be conducted and videotaped by the security division and witnessed by the internal auditor of the authority or his designee. Promotional drawings for a prize of less than five thousand dollars ($5,000) are exempt from the requirements of this subsection if prior written approval is given by the chief executive officer and the executive vice president for security. All lottery drawing equipment used in public drawings to select winning numbers or entries or participants for prizes shall be examined and tested by the chief executive officer's staff and the internal auditor of the authority or his designee prior to and after each public drawing.
B. Any lottery prize is subject to applicable state taxes. The authority shall report to the state and federal taxing authorities any lottery prize exceeding six hundred dollars ($600).
C. The authority shall adopt rules, policies and procedures to conduct fair and equitable drawings and establish a system of verifying the validity of tickets claimed to win prizes and to effect payment of such prizes, provided:
(1) no prize shall be paid upon a ticket purchased or sold in violation of the New Mexico Lottery Act. Any such prize shall constitute an unclaimed prize for purposes of this section;
(2) the authority is discharged from all liability upon payment of a prize;
(3) the board may by rule provide for the payment of prizes by lottery retailers, whether or not the lottery retailer sold the winning ticket, whenever the amount of the prize is less than an amount set by board rule. Payment shall not be made directly to a player by a machine or a mechanical or electronic device;
(4) prizes not claimed within the time period established by the authority are forfeited and shall be paid into the prize fund. No interest is due on a prize when a claim is delayed;
(5) the right to a prize is not assignable, but prizes may be paid to a deceased winner's estate or to a person designated by judicial order;
(6) until a signature or mark is placed on a ticket in the area designated for signature, a ticket is owned by the bearer of the ticket, but after a signature or mark is placed on a ticket in the area designated for signature, a ticket is owned by the person whose signature or mark appears, and that person is entitled to any prize attributable to the owner; and
(7) the authority is not responsible for lost or stolen tickets.
History:
Laws 1995, ch. 155, § 21; 1999, ch. 287, § 2.
ANNOTATIONS
The 1999 amendment,
effective April 8, 1999, rewrote Subsection A and added Subsections C(6) and C(7).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-23 - Recompiled.

History:
Laws 1995, ch. 155, § 23; 1997, ch. 106, § 1; 2001, ch. 300, § 2; recompiled and amended as § 21-21N-5 by Laws 2014, ch. 80, § 5.
ANNOTATIONS
Recompilations.
— Laws 2014, ch. 80, § 5 recompiled and amended former 6-24-23 NMSA 1978 as 21-21N-5 NMSA 1978, effective March 12, 2014.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-24 - Disposition of revenue.

A. As nearly as practical, an amount equal to at least fifty percent of the gross annual revenue from the sale of lottery tickets shall be returned to the public in the form of lottery prizes.
B. No later than the last business day of each month, the authority shall transmit at least twenty-seven percent of the gross revenue of the previous month until December 31, 2008 and at least thirty percent of the gross revenue of the previous month thereafter to the state treasurer, who shall deposit it in the lottery tuition fund.
C. Operating expenses of the lottery include all costs incurred in the operation and administration of the lottery and all costs resulting from any contracts entered into for the purchase or lease of goods or services required by the lottery, including the costs of supplies, materials, tickets, independent audit services, independent studies, data transmission, advertising, promotion, incentives, public relations, communications, commissions paid to lottery retailers, printing, distribution of tickets, purchases of annuities or investments to be used to pay future installments of winning lottery tickets, debt service and payment of any revenue bonds issued, contingency reserves, transfers to the reserve fund and any other necessary costs incurred in carrying out the provisions of the New Mexico Lottery Act.
History:
Laws 1995, ch. 155, § 24; 2000, ch. 52, § 1; 2001, ch. 300, § 3; 2007, ch. 72, § 5.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, required the authority to transfer at least twenty-seven percent of monthly gross revenues to the lottery tuition fund until December 31, 2008 and thereafter to transfer at least thirty percent of monthly gross revenues and deleted the transfer of balances to the lottery tuition fund.
The 2001 amendment,
effective June 15, 2001, in Subsection B, after "who shall deposit", substituted "them" for "fifty percent of the revenues in the public school capital outlay fund for expenditure pursuant to the provisions of the Public School Capital Outlay Act and fifty percent".
The 2000 amendment,
effective July 1, 2000, in Subsection B, changed percentages for the deposits of net revenue from sixty to fifty percent for the public school capital outlay fund and from forty to fifty percent for the lottery tuition fund.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-25 - Prohibition on use of state funds.

The authority shall be self-sustaining and self-funded. No appropriations, loans or other transfer of state funds shall be made to the authority or used or obligated to pay the expenses of the authority or lottery prizes. No claim for the payment of any lottery expense or lottery prize shall be made against any money other than money credited to the authority.
History:
Laws 1995, ch. 155, § 25.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-26 - Authorization to issue revenue bonds.

A. In order to provide funds for the initial development and operation of the lottery, the board is authorized to issue lottery revenue bonds in an amount not to exceed three million dollars ($3,000,000) payable solely from revenues of the authority generated from operation of the lottery.
B. The board may issue bonds to refund other bonds issued pursuant to this section.
C. The bonds shall have a maturity of no more than five years from the date of issuance. The board shall determine all other terms, covenants and conditions of the bonds; provided, however, that the bonds may provide for prepayment in part or in full of the balance due at any time without penalty.
D. The bonds shall be executed with the manual or facsimile signature of the chief executive officer or the chairman of the board and attested by another member of the board. The bonds may bear the seal, if any, of the authority.
E. The proceeds of the bonds and the earnings on those proceeds are appropriated to the authority for the initial development and operation of the lottery, to pay expenses incurred in the preparation, issuance and sale of the bonds, to pay any obligations relating to the bonds and the proceeds of the bonds under the Internal Revenue Code of 1986 and for any other lawful purpose.
F. The bonds may be sold either at a public sale or at a private sale to the state investment officer or to the state treasurer. If the bonds are sold at a public sale, the notice of sale and other procedures for the sale shall be determined by the chief executive officer or the board.
G. This section is full authority for the issuance and sale of the bonds, and the bonds shall not be invalid for any irregularity or defect in the proceedings for their issuance and sale and shall be incontestable in the hands of bona fide purchasers or holders of the bonds for value.
H. An amount of money from the sources specified in Subsection A of this section sufficient to pay the principal of and interest on the bonds as they become due in each year shall be set aside, and is hereby pledged, for the payment of the principal and interest on the bonds.
I. The bonds shall be legal investments for any person or board charged with the investment of public funds and may be accepted as security for any deposit of public money, and the bonds and interest thereon are exempt from taxation by the state and any political subdivision or agency of the state.
J. The bonds shall be payable by the authority, which shall keep a complete record relating to the payment of the bonds.
History:
Laws 1995, ch. 155, § 26.
ANNOTATIONS
Cross references.
— For investment of the severance tax permanent fund in New Mexico lottery revenue bonds,
see
7-27-5.21 NMSA 1978.
For the Internal Revenue Code of 1986,
see
26 U.S.C.S. § 1 et seq.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-27 - Revenue and budget reports; records; independent audits.

A. The board shall:
(1) submit quarterly and annual reports to the governor and the legislative finance committee disclosing the total lottery revenue, prizes, commissions, ticket costs, operating expenses and other revenue of the authority during the reporting period and, in the annual report, describe the organizational structure of the authority and summarize the functions performed by each organizational division within the authority;
(2) maintain weekly or more frequent records of lottery transactions, including the distribution of lottery tickets to retailers, revenue received, claims for prizes, prizes paid, prizes forfeited and other financial transactions of the authority; and
(3) use the state government fiscal year.
B. The board shall provide, for informational purposes, to the department of finance and administration and the legislative finance committee, by December 1 of each year, a copy of the annual proposed operating budget for the authority for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the revenue to be deposited in the lottery tuition fund for the current and succeeding fiscal years.
C. The board shall contract with an independent certified public accountant or firm for an annual financial audit of the authority. The certified public accountant or firm shall have no financial interest in any lottery contractor. The certified public accountant or firm shall present an audit report no later than March 1 for the prior fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this financial audit shall be an operating expense of the authority. The legislative finance committee may, at any time, order an audit of any phase of the operations of the authority, at the expense of the authority, and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or ordered by the legislative finance committee shall be transmitted to the governor, the speaker of the house of representatives, the president pro tempore of the senate, the legislative finance committee and the legislative council service library.
History:
Laws 1995, ch. 155, § 27; 2001, ch. 91, § 3; 2007, ch. 72, § 6.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, deleted the provision that required the annual proposed operating budget include an estimate of the amount to be deposited in the public school capital outlay fund and required a copy of the audit to be filed in the legislative council service library.
The 2001 amendment,
effective April 2, 2001, deleted "and lottery oversight committee" following "legislative finance committee" in Subsection A(1) and from the end of Subsection B.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-28 - Internal auditor; appointment; duties.

A. The board, with the recommendation and assistance of the chief executive officer, shall employ an internal auditor. The internal auditor, who shall be an employee of the authority, shall be qualified by training and experience as an auditor and management analyst and have at least five years of auditing experience. The internal auditor shall take direction as needed from the chief executive officer and be accountable to the board.
B. The internal auditor shall conduct and coordinate comprehensive audits for all aspects of the lottery, provide management analysis expertise and carry out any other duties specified by the board and by law. The internal auditor shall specifically:
(1) conduct, or provide for through a competitive bid process, an annual financial audit and observation audits of drawings;
(2) create an annual audit plan to be approved by the board;
(3) search for means of better efficiency and cost savings and waste prevention;
(4) examine the policy and procedure needs of the lottery and determine compliance;
(5) ensure that proper internal controls exist;
(6) perform audits that meet or exceed governmental audit standards; and
(7) submit audit reports on a quarterly basis to the board, the chief executive officer, the state auditor and the legislative finance committee.
C. The internal auditor shall conduct audits as needed in the areas of:
(1) personnel security;
(2) lottery retailer security;
(3) lottery contractor security;
(4) security of manufacturing operations of lottery contractors;
(5) security against lottery ticket counterfeiting and alteration and other means of fraudulently winning;
(6) security of drawings among entries or finalists;
(7) computer security;
(8) data communications security;
(9) database security;
(10) systems security;
(11) lottery premises and warehouse security;
(12) security in distribution;
(13) security involving validation and payment procedures;
(14) security involving unclaimed prizes;
(15) security aspects applicable to each particular lottery game;
(16) security of drawings in games whenever winners are determined by drawings;
(17) the completeness of security against locating winners in lottery games with preprinted winners by persons involved in their production, storage, distribution, administration or sales; and
(18) any other aspects of security applicable to any particular lottery game and to the lottery and its operations.
D. Specific audit findings related to security invasion techniques are confidential and may be reported only to the chief executive officer or his designee, the board, the governor and the attorney general.
History:
Laws 1995, ch. 155, § 28; 2001, ch. 91, § 4.
ANNOTATIONS
The 2001 amendment,
effective April 2, 2001, deleted "the lottery oversight committee" following "the state auditor" in Subsection B(7).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-29 - Unlawfully influencing and fraud; penalties.

A. It is unlawful to knowingly:
(1) influence the winning of a prize through the use of coercion, fraud, deception or tampering with lottery equipment or materials;
(2) make a material false statement in any application for selection as a lottery retailer or any lottery vendor proposal or other proposal to conduct lottery activities or to make a material false entry in any book or record that is compiled or maintained or submitted pursuant to the provisions of the New Mexico Lottery Act;
(3) obtain or attempt to obtain access to a computer database or information maintained by the authority without the specific written authorization of the authority; or
(4) obtain or attempt to obtain access to a computer database or information maintained by a person pursuant to a contract with the authority without the specific written authorization of the authority.
B. Any person who violates any provision of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1995, ch. 155, § 29; 1999, ch. 287, § 3.
ANNOTATIONS
The 1999 amendment,
effective April 8, 1999, added Subsections A(3) and A(4).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 24 - New Mexico Lottery › Section 6-24-30 - Conflicts of interest; penalties.

A. It is unlawful for the chief executive officer, a board member or any employee of the authority or any person residing in the household of the officer, board member or employee to:
(1) have, directly or indirectly, an interest in a business, knowing that such business contracts with the lottery for a major procurement, whether such interest is as a natural person, partner, member of an association, stockholder or director or officer of a corporation; or
(2) accept or agree to accept any economic opportunity, gift, loan, gratuity, special discount, favor, service or hospitality having an aggregate value of more than twenty dollars ($20.00) in any calendar year, except for food and beverages consumed by the recipient at the time of receipt, from a person, knowing that the person:
(a) contracts or seeks to contract with the state to supply gaming equipment, materials, lottery tickets or consulting services for use in the lottery; or
(b) is a lottery retailer.
B. It is unlawful for a lottery retailer or a lottery vendor to offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor, service or hospitality having an aggregate value of more than twenty dollars ($20.00) in any calendar year, except food and beverages consumed by the recipient at the time of receipt, to a person, knowing the person is the chief executive officer, a board member or an employee of the authority, or a person residing in the household of the officer, board member or employee.
C. Any person who violates any provision of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
D. If a board member, the chief executive officer or an employee of the authority, or any person residing in the household thereof, is convicted of a violation of this section, that board member, chief executive officer or employee shall be removed from office or employment with the authority.
History:
Laws 1995, ch. 155, § 30; 1999, ch. 287, § 4.
ANNOTATIONS
The 1999 amendment,
effective April 8, 1999, deleted "other than food and beverages" following "service or hospitality" and inserted "except food and beverages consumed by the recipient at the time of receipt" in Subsections A(2) and B and substituted "more than twenty dollars ($20.00)" for "twenty dollars ($20.00) or less" in Subsection A(2).