46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HEALTH; PROHIBITING POSSESSION OF TOBACCO PRODUCTS BY MINORS; REQUIRING MINORS WHO VIOLATE THE TOBACCO PRODUCTS ACT TO ATTEND A SMOKING CESSATION PROGRAM; CREATING THE SMOKING PREVENTION AND CESSATION FOR MINORS FUND; MAKING AN APPROPRIATION.

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

Section 1. Section 30-49-3 NMSA 1978 (being Laws 1993, Chapter 244, Section 3) is amended to read:

"30-49-3. TOBACCO--PROHIBITED SALES.--

A. [No] A person shall not knowingly sell, offer to sell, barter or give any tobacco product to [any] a minor.

B. [No] A minor shall not procure, [or] attempt to procure, or possess any tobacco products for his own use or for use by [any other] another minor.

C. [No] A person shall not sell, offer to sell or deliver a tobacco product in a form other than an original factory-sealed package."

Section 2. Section 30-49-5 NMSA 1978 (being Laws 1993, Chapter 244, Section 5) is amended to read:

"30-49-5. REFUSAL TO SELL TOBACCO PRODUCTS TO PERSON UNABLE TO PRODUCE IDENTITY CARD.--[Any] A person selling goods at retail or wholesale [may] shall refuse to sell tobacco products to [any] a person who reasonably appears to be less than twenty-seven years of age and who is unable to produce an identity card as evidence that he is eighteen years of age or over."

Section 3. Section 30-49-12 NMSA 1978 (being Laws 1993, Chapter 244, Section 12) is amended to read:

"30-49-12. PENALTY.--

A. [Any] A person who violates [any] a provision of Subsection A of Section [3 or Sections 5, 7, 8 or 9 of the Tobacco Products Act] 30-49-3 NMSA 1978 or Section 30-49-5, 30-49-7, 30-49-8 or 30-49-9 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Each violation is a separate and distinct offense.

B. [Any] A minor who violates [any] a provision of Subsection B of Section [3 or Section 6 of the Tobacco Products Act] 30-49-3 NMSA 1978 or Section 30-49-6 NMSA 1978 shall be [punished by a fine not to exceed one hundred dollars ($100) or forty-eight hours of community service] required to attend and participate in a smoking cessation program administered by the department of health."

Section 4. [NEW MATERIAL] SMOKING PREVENTION AND CESSATION FOR MINORS FUND CREATED--PURPOSE--ADMINISTRATION.--

A. The "smoking prevention and cessation for minors fund" is created in the state treasury to be administered by the department of health. Interest earned on money in the fund shall be credited to the fund. Balances in the fund shall not revert at the end of any fiscal year.

B. All balances in the smoking prevention and cessation for minors fund are appropriated to the department of health for the purpose of providing smoking prevention and cessation programs for minors statewide.

C. A person required to attend and participate in a smoking cessation program pursuant to Subsection B of Section 30-49-12 NMSA 1978 shall pay a fee of one hundred dollars ($100) to the department of health to be deposited in the smoking prevention and cessation for minors fund.

D. Payments from the smoking prevention and cessation for minors fund shall be made upon vouchers issued and signed by the secretary of health or the secretary's designee upon warrants drawn by the secretary of finance and administration.