The lottery announced last week that it was unveiling a “Play at the Pump” program at 13 retailers across the state, including two Murphy Express locations in Las Cruces.
Lawmakers wrote that they were “startled to learn” of the new program after rejecting bills in each of the last two legislative session that would have allowed for such a plan. Senate Bill 355, introduced in 2015, passed in the Senate but died in the House. A similar bill, SB 180, was defeated this year in the House Ways and Means Committee by a large margin, with members from both parties voting against, the letter stated.
“Has the New Mexico Lottery overstepped its statutory authority and illegally implemented this new technology without the required approval? Or, was the New Mexico Lottery misleading the Legislature in 2015 when it told us it needed legislation passed in order to authorize sales with debit cards?” lawmakers ask in the letter, which was signed by all 13 members of the committee, including Rep. Bill McCamley, D-Las Cruces.
The Sun-News was unable to contact lottery officials Tuesday.
The program, explained by lottery officials in a news release last week, allows for purchases at gas stations of $20 a day and $75 a week with a debit card. Players must also purchase fuel in order to buy lottery tickets.
“The world is changing and lottery players have told us they want more convenient ways to buy our jackpot games," Lottery CEO David Barden said in a prepared statement. "We want to see if there is a benefit to players through accessibility and how they will respond to this new opportunity.”
The letter from legislators notes that only four states now allow lottery sales at the gas pump, and those were all approved in a public process. The New Mexico program was launched without public input, lawmakers allege. The letter also questions how the lottery will ensure that only those age 18 or older are able to play, and what impact the program could have on that state's gaming compacts with the tribes.
“We are extremely troubled by the New Mexico Lottery’s unilateral actions in this matter, as well as others that it may be contemplating, such as expanding online or mobile lottery ticket sales, without legislative approval,” the letter states.
Sen. John Arthur Smith, D-Deming, originally came up with the idea to allow for lottery ticket sales at gas pumps as a way to boost sales and bolster the state’s lottery scholarship fund, which is no longer able to pay the full tuition costs for all eligible New Mexico students seeking to use it. Several bills were introduced during the last session to beef up the fund.
The letter closes by asking lottery officials to respond to their questions and to engage in an “open and transparent dialogue.”
Committee Chairman Jason Harper, R-Rio Rancho, said lawmakers have several options if that doesn’t happen, including taking the lottery to court or passing new legislation to establish clear boundaries.
“I hope they respond and I hope we can work this out. That would be the best scenario,” he said. “If that doesn’t work out, we’ve got lots of options.”
©2016 the Las Cruces Sun-News (Las Cruces, N.M.) Distributed by Tribune Content Agency, LLC.
