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| SPONSOR: | SPAC | DATE TYPED: | 2/15/00 | HB | |||
| SHORT TITLE: | Cigarette Enforcement Act | SB | 491/SPACS | ||||
| ANALYST: | Segura | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY00 | FY01 | FY00 | FY01 | ||
| N/A | |||||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
Taxation and Revenue Department (TRD)
SUMMARY
Synopsis of Bill
Senate Public Affairs Committee Substitute for SB491 defines a number of unlawful sales practices and reporting requirements associated with the sale of cigarettes. Violations of the provisions would constitute a violation of the Unfair Practices Act (up to $5,000 civil penalty under Section 57-12-11 NMSA 1978), would constitute a fourth degree felony ( 18 months imprisonment and up to $5,000 criminal penalty under Section 31-18-15 NMSA 1978), and would be grounds for the Department to revoke or suspend the violator's business registration.
Significant Issues
The prohibited practices mostly involve imported cigarettes and appear to shore-up the provisions of the state Attorneys General Agreement with tobacco manufactures. Other provisions prohibit altering, removing, concealing or obscuring any statement on the package.
The reporting requirements specify monthly reports to the Department from any person who affixes state tax stamps, including copies of : 1) all federal permits issued to persons who imported cigarettes; 2) the customs forms showing federal ATF information; 3) the brand style, quantity, supplier, and purchaser of all cigarettes; 4) a non-confidential statement identifying the brand styles of all cigarettes; 5) a statement by each manufacturer or importer certifying the cigarettes have the appropriate health warnings, the federal requirements for reporting ingredients have been met, and whether the manufacturer or importer is a participating manufacturer for purposes of 15 USCA Sections 1333 and 1335a.
FISCAL IMPLICATIONS
No fiscal impact
OTHER SUBSTANTIVE ISSUES
The TRD indicates that in HB-177, which is a department's technical correction legislation, adds a new exception to allow exchange of information with the Attorney General with respect to cigarette and tobacco products.
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