SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 735

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; LIMITING GRAFFITI SUPPLIES; REQUIRING RETAILERS TO CONTROL ACCESS TO ACID ETCHING CREAM, AEROSOL PAINTS OR PERMANENT MARKERS.

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

     Section 1. RETAIL SALE OF ACID ETCHING CREAM, AEROSOL PAINT OR PERMANENT MARKERS--CONTROLLED ACCESS.--A retailer that sells acid etching cream, aerosol paint or permanent markers shall control access to the acid etching cream, aerosol paint cans or permanent markers by displaying such products:

          A. in a place that is in the line of sight of a cashier or in the line of sight of a work station normally continuously occupied during business hours;

          B. in a manner that makes the acid etching cream, aerosol paint or permanent markers accessible to a patron of the business establishment only with the assistance of an employee of the establishment; or

          C. in an area electronically protected or viewed by surveillance equipment that is monitored during business hours.

- 2 -