SENATE FINANCE COMMITTEE SUBSTITUTE FOR
SENATE BILL 30
49th legislature - STATE OF NEW MEXICO - second session, 2010
AN ACT
RELATING TO TAXATION; INCREASING THE CIGARETTE TAX FOR A PERIOD OF ONE YEAR; DISTRIBUTING THE ADDITIONAL REVENUE ATTRIBUTABLE TO THE INCREASE IN THE CIGARETTE TAX TO THE GENERAL FUND.
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.--Through June 30, 2011:
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-five] eighty-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 sixty-nine] one and seventy-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-five] eighty-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 two] one and twenty-eight 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 thirty-seven] nine and ten-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 five] three and eighty-three 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 land acquisition and the planning, designing, construction and equipping of department of health facilities or improvements to such facilities;
G. a distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to [fifteen and seventy-nine hundredths] ten 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; and
H. a distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to [one] sixty-three 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 rural county cancer treatment fund, to the New Mexico finance authority."
Section 2. Section 7-12-3 NMSA 1978 (being Laws 1971, Chapter 77, Section 3, as amended) is amended to read:
"7-12-3. EXCISE TAX ON CIGARETTES--RATES.--
A. Through June 30, 2011, for the privilege of selling, giving or consuming cigarettes in New Mexico, there is levied an excise tax at the following rates for each cigarette sold, given or consumed in this state:
(1) [four and fifty-five hundredths cents ($.0455)] nine and fifty-five hundredths cents ($.0955) if the cigarettes are packaged in lots of twenty or twenty-five;
(2) [nine and ten-hundredths cents ($.091)] nineteen and one-tenth cents ($.191) if the cigarettes are packaged in lots of ten; or
(3) [eighteen and twenty-hundredths cents ($.182)] thirty-eight and two-tenths cents ($.382) if the cigarettes are packaged in lots of five.
B. The tax imposed by this section shall be referred to as the "cigarette tax"."
Section 3. Section 7-1-6.11 NMSA 1978 (being Section 1 of this act if it becomes law) is repealed and a new Section 7-1-6.11 NMSA 1978 is enacted to read:
"7-1-6.11. [NEW MATERIAL] DISTRIBUTIONS OF CIGARETTE TAXES.--Beginning on July 1, 2011:
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-five 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 sixty-nine 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-five 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 two-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 thirty-seven 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 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 land acquisition and the planning, designing, construction and equipping of department of health facilities or improvements to such facilities;
G. a distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to fifteen and seventy-nine 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; and
H. a distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to one 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 rural county cancer treatment fund, to the New Mexico finance authority."
Section 4. Section 7-12-3 NMSA 1978 (being Section 2 of this act if it becomes law) is repealed and a new Section 7-12-3 NMSA 1978 is enacted to read:
"7-12-3. [NEW MATERIAL] EXCISE TAX ON CIGARETTES--RATES.--
A. Beginning on July 1, 2011, for the privilege of selling, giving or consuming cigarettes in New Mexico, there is levied an excise tax at the following rates for each cigarette sold, given or consumed in this state:
(1) four and fifty-five hundredths cents ($.0455) if the cigarettes are packaged in lots of twenty or twenty-five;
(2) nine and ten-hundredths cents ($.091) if the cigarettes are packaged in lots of ten; or
(3) eighteen and twenty-hundredths cents ($.182) if the cigarettes are packaged in lots of five.
B. The tax imposed by this section shall be referred to as the "cigarette tax"."
Section 5. EFFECTIVE DATE.--
A. The effective date of the provisions of Sections 1 and 2 of this act is July 1, 2010.
B. The effective date of the provisions of Sections 3 and 4 of this act is July 1, 2011.
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