SENATE BILL 52

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mary Kay Papen

FOR THE NEW MEXICO FINANCE AUTHORITY OVERSIGHT COMMITTEE

AN ACT

RELATING TO THE BEHAVIORAL HEALTH CAPITAL FUND; MAKING A DISTRIBUTION OF CIGARETTE TAX REVENUES TO THE FUND; MAKING AN APPROPRIATION.

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

     Section 1. Section 7-1-6.11 NMSA 1978 (being Laws 1983, Chapter 211, Section 16, as amended) is amended to read:

     "7-1-6.11. DISTRIBUTIONS OF CIGARETTE TAXES.--

          A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the county and municipality recreational fund in an amount equal to one and thirty-six hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax.

          B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the county and municipal cigarette tax

fund in an amount equal to two and seventy-two hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax.

          C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the cancer research and treatment center at the university of New Mexico health sciences center in an amount equal to one and thirty-six hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax.

          D. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the New Mexico finance authority in an amount equal to two and four-hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax.

          E. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to fourteen and fifty-two hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax, shall be made, on behalf of and for the benefit of the university of New Mexico health sciences center, to the New Mexico finance authority.

          F. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to six and eleven-hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax, shall be made to the New Mexico finance authority for improvements to department of health facilities.

          G. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to fifteen and ninety-five hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax, shall be made to the New Mexico finance authority for deposit in the credit enhancement account created in the authority.

          H. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the behavioral health capital fund in an amount equal to two percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax."

     Section 2. APPROPRIATION.--Seven million dollars ($7,000,000) is appropriated from the general fund to the behavioral health capital fund for expenditure in fiscal year 2006 and succeeding fiscal years for the purpose of making loans to eligible entities for capital projects pursuant to the Behavioral Health Capital Funding Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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