New Mexico Statutes
N.M. Stat. § 6-24-6 (2026)
Powers of the authority.
✓ current as of May 2026
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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 entrepreneurial pursuits, including the power to:
(1) sue and be sued;
(2) adopt and alter a seal;
(3) adopt, amend and repeal bylaws, rules, policies and procedures for the
conduct of its affairs and its business;
(4) procure or provide insurance;
(5) hold copyrights, trademarks and service marks and enforce its rights with
respect thereto;
(6) initiate, supervise and administer the operation of the lottery in accordance
with the provisions of the New Mexico Lottery Act and rules, policies and procedures
adopted pursuant to that act;
(7) enter into written agreements or contracts for the operation, participation
in or marketing or promotion of a joint lottery or joint lottery games with operators of a
lottery:
(a) in one or more other states;
(b) in a territory of the United States;
(c) in one or more political subdivisions of another state or territory of the
United States;
(d) in a sovereign nation;
(e) in an Indian nation, tribe or pueblo located within the United States; or
(f) legally operated outside of the United States;
(8) acquire or lease real property and make improvements thereon and
acquire by lease or by purchase personal property, including computers, mechanical,
electronic and on-line equipment and terminals and intangible property, including
computer programs, systems and software;
(9) enter into contracts to incur debt and borrow money in its own name and
enter into financing agreements with the state, with agencies or instrumentalities of the
state or with any commercial bank or credit provider;
(10) receive and expend, in accordance with the provisions of the New Mexico
Lottery Act, all money received from any lottery or nonlottery source for effectuating the
purposes of the New Mexico Lottery Act;
(11) administer oaths, take depositions, issue subpoenas and compel the
attendance of witnesses and the production of books, papers, documents and other
evidence relative to any investigation or proceeding conducted by the authority;
(12) appoint and prescribe the duties of officers, agents and employees of the
authority, including professional and administrative staff and personnel, and to fix their
compensation, pay their expenses and provide a benefit program, including a retirement
plan and a group insurance plan;
(13) select and contract with lottery vendors and lottery retailers;
(14) enter into contracts or agreements with state, local or federal law
enforcement agencies or private investigators or other persons for the performance of
law enforcement, background investigations and security checks;
(15) enter into contracts of all types on such terms and conditions as the
authority may determine;
(16) establish and maintain banking relationships, including establishment of
checking and savings accounts and lines of credit;
(17) advertise and promote the lottery and lottery games;
(18) act as a lottery retailer, conduct promotions that involve the dispensing of
lottery tickets and establish and operate a sales facility to sell lottery tickets and any
related merchandise; and
(19) adopt, repeal and amend such rules, policies and procedures as
necessary to carry out and implement its powers and duties, organize and operate the
authority, conduct lottery games and any other matters necessary or desirable for the
efficient and effective operation of the lottery and the convenience of the public.
B. The powers enumerated in this section are cumulative of and in addition to those
powers enumerated elsewhere in the New Mexico Lottery Act, and no such powers limit
or restrict any other powers of the authority.
History: Laws 1995, ch. 155, § 6; 2003, ch. 112, § 1.
ANNOTATIONS
The 2003 amendment, effective April 2, 2003, in Subsection A, deleted "any and"
preceding "all powers necessary", deleted "but without limiting the generality of the
foregoing" near the end; in Subsection A(7), substituted "or contracts" for "with one or
more other states" preceding "for the operation" added "with operators of a lottery:" at
the end; added Subsections A(7)(a) to (f); deleted "but not limited to" in Subsections
A(8), (12), and (16); inserted "with" preceding "agencies or instrumentalities" in
Subsection A(9); and deleted "any and" preceding "all types on" in Subsection A(15).Notes of Decisions
Cited in 1
case, 2009–2009 · leading case: Stansell v. New Mexico Lottery, 211 P.3d 214 (N.M. Ct. App. 2009).
Stansell v. New Mexico Lottery, 211 P.3d 214 (N.M. Ct. App. 2009). “See generally §§ 6-24-6 to -12. {10} The Legislature made its intent clear that the Lottery is a governmental instrumentality, empowered with the authority to maneuver in a corporate environment to accomplish its public purpose — financing the tuition fund.”
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