Chapter 6 — Chapter 6

A. A governmental unit shall not enter into a guaranteed utility savings contract with a qualified provider or any installment payment contract or lease-purchase agreement pursuant to that contract unless the contracts and agreements are reviewed and approved as follows: (1) for …

governmental unit. Payment obligations of a governmental unit pursuant to a guaranteed utility savings contract with a qualified provider and any installment payment contract or lease- purchase agreement pursuant to a guaranteed utility savings contract are not general obligation…

agencies. A. A state agency entering into a guaranteed utility savings contract with a qualified provider shall, no later than thirty days after the close of the fiscal year, furnish the energy, minerals and natural resources department a consumption and savings report, in a form…

A. The "public school utility conservation fund" is created as a special fund in the state treasury. The fund shall consist of money transferred to the fund, from year to year, from the distribution of the permanent fund and land income of which the common schools are the benefic…

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…

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 saving…

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.

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 a…

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 t…

duties. A. The chief executive officer shall hire an executive vice president for security, who shall be qualified by training and experience, including at least five years of law enforcement experience, and be knowledgeable and experienced in computer security. The executive vic…

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…

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 locati…

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…

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…

The authority shall make adequate disclosure of the odds with respect to each lottery game by stating the odds in lottery game advertisements or by posting the odds at each place in which lottery tickets are sold. History: Laws 1995, ch. 155, § 17.

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 a…

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 procureme…

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 establishm…

A. Any lottery vendor that submits a bid or proposal for a contract to supply lottery equipment, tickets or other material or services for use in the operation of the lottery shall disclose at the time of such bid or proposal: (1) the lottery vendor's business name and address an…

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 l…

services department [health care authority department]; payment to department; procedure. A. The human services department [health care authority department] shall periodically certify to the authority the names and social security numbers of persons owing a debt to or collected …

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.

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 l…

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…

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 th…

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…

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 l…

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 pr…

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 pu…

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 contract…

A. It is unlawful to falsely make, alter, forge, pass, present or counterfeit, with intent to defraud, a lottery ticket, or receipt for the purchase thereof, issued or purported to have been issued by the lottery under the New Mexico Lottery Act. B. It is unlawful to steal, knowi…

A. It is unlawful for: (1) any person to sell a lottery ticket at a price other than that fixed by the authority pursuant to the New Mexico Lottery Act; (2) any person other than the authority or a lottery retailer to sell or resell any lottery ticket; and (3) any person to sell …

A. It is unlawful for the following persons to purchase a lottery ticket or to share knowingly in the lottery winnings of another person: (1) the chief executive officer, a board member or an employee of the authority; or (2) an owner, officer or employee of a lottery vendor or, …

Criminal Code provisions. The criminal provisions of the New Mexico Lottery Act are not intended to and do not replace or preempt prosecution for Criminal Code [30-1-1 NMSA 1978] violations based on identical or similar conduct. History: Laws 1995, ch. 155, § 34.

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 Mexic…

A. There is created a public body, politic and corporate, separate and apart from the state, constituting a governmental instrumentality to be known as the "New Mexico lottery authority". The authority is created and organized for the purpose of establishing and conducting the Ne…

A. The authority shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of the New Mexico Lottery Act that are not in conflict with the constitution of New Mexico and that are generally exercised by corporations engaged in entreprene…

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…

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…

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 con…

Chapter 6, Article 25 NMSA 1978 may be cited as the "Statewide Economic Development Finance Act". History: Laws 2003, ch. 349, § 1; 2005, ch. 103, § 1.

The proceeds from the sale of project revenue bonds issued pursuant to the Statewide Economic Development Finance Act shall be applied only for the purpose for which the bonds were issued and costs related to the project. The cost of any project shall include the following: A. al…

Project revenue bonds issued pursuant to the Statewide Economic Development Finance Act shall be legal investments in which all insurance companies, banks and savings and loan associations organized under the laws of the state, public officers and public bodies and all administra…

History: Laws 2003, ch. 349, § 12; repealed Laws 2005, ch. 103, § 27.

A. The "economic development revolving fund" is created within the authority. The fund shall be administered by the authority as a separate account and may consist of such subaccounts as the authority deems necessary to carry out the purposes of the fund. The authority may establ…

A. The "tax impact fund" is created within the state treasury. The tax impact fund shall consist of money appropriated to the fund and money distributed to the fund by law. Money remaining in the tax impact fund at the end of each fiscal year shall not revert, but shall remain in…

The Statewide Economic Development Finance Act shall be deemed to provide an additional and alternative method for the accomplishment of the things authorized by that act, shall be interpreted as supplemental and additional to the powers conferred by other laws and shall not be r…

The Statewide Economic Development Finance Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. History: Laws 2003, ch. 349, § 16.

authority; use; security. A. The authority may issue and sell economic development revolving fund bonds in principal amounts it determines necessary to provide sufficient money for any purpose of the Statewide Economic Development Finance Act, including: (1) making loans; (2) ent…

authorization for issuance; terms and conditions. A. Economic development revolving fund bonds of the authority shall be authorized by resolution of the authority and may be issued in one or more series. The economic development revolving fund bonds shall bear the dates, be in th…