0001| SENATE BILL 64 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998 | 0003| INTRODUCED BY | 0004| Joseph J. Carraro | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO TAXATION; INCREASING THE RATE OF THE CIGARETTE | 0012| TAX; DISTRIBUTING ADDITIONAL REVENUES TO THE CANCER CENTER AND | 0013| TO THE MEDICAL TRUST FUND FOR CANCER AND OTHER MEDICAL | 0014| RESEARCH AT THE UNIVERSITY OF NEW MEXICO; AMENDING SECTIONS OF | 0015| THE NMSA 1978; MAKING AN APPROPRIATION; DECLARING AN | 0016| EMERGENCY. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 7-1-6.11 NMSA 1978 (being Laws 1983, | 0020| Chapter 211, Section 16, as amended) is amended to read: | 0021| "7-1-6.11. DISTRIBUTIONS OF CIGARETTE TAXES.-- | 0022| A. A distribution pursuant to Section 7-1-6.1 NMSA | 0023| 1978 shall be made to the county and municipality recreational | 0024| fund in an amount equal to ~~[four and three-quarters]~~ three | 0025| and eighty-nine hundredths percent of the net receipts, | - 1 - 0001| exclusive of penalties and interest, attributable to the | 0002| cigarette tax. | 0003| B. A distribution pursuant to Section 7-1-6.1 NMSA | 0004| 1978 shall be made to the county and municipal cigarette tax | 0005| fund in an amount equal to ~~[nine and one-half]~~ seven and | 0006| seventy-eight hundredths percent of the net receipts, | 0007| exclusive of penalties and interest, attributable to the | 0008| cigarette tax. | 0009| C. A distribution pursuant to Section 7-1-6.1 NMSA | 0010| 1978 shall be made to the cancer center at the university of | 0011| New Mexico school of medicine in an amount equal to ~~[four and~~ | 0012| ~~three-quarters]~~ fourteen and seventy-seven hundredths | 0013| percent of the net receipts, exclusive of penalties and | 0014| interest, attributable to the cigarette tax. | 0015| D. A distribution pursuant to Section 7-1-6.1 NMSA | 0016| 1978 shall be made to the New Mexico finance authority in an | 0017| amount equal to ~~[seven and one-eighth]~~ five and eighty-four | 0018| hundredths percent of the net receipts, exclusive of | 0019| penalties and interest, attributable to the cigarette tax. | 0020| Beginning in the month following the month that the New | 0021| Mexico finance authority certifies that all obligations for | 0022| the bonds issued pursuant to Laws 1993, Chapter 358, Section 4 | 0023| have been fully discharged, the distribution in this section | 0024| to the New Mexico finance authority shall cease and the | 0025| distribution shall be made in the same amount to the | - 2 - 0001| university of New Mexico school of medicine medical trust | 0002| fund. | 0003| E. A distribution pursuant to Section 7-1-6.1 | 0004| NMSA 1978 shall be made to the university of New Mexico school | 0005| of medicine medical trust fund in an amount equal to seven and | 0006| one-fourth percent of the net receipts, exclusive of penalties | 0007| and interest, attributable to the cigarette tax." | 0008| Section 2. Section 7-12-3 NMSA 1978 (being Laws 1971, | 0009| Chapter 77, Section 3, as amended) is amended to read: | 0010| "7-12-3. EXCISE TAX ON CIGARETTES--RATES.-- | 0011| A. For the privilege of selling, giving or | 0012| consuming cigarettes in New Mexico, there is levied an excise | 0013| tax at the rate of ~~[one and five-hundredths cents ($.0105)]~~ | 0014| one and three tenths cents ($.013) for each cigarette sold, | 0015| given or consumed in this state. | 0016| B. The tax imposed by this section shall be | 0017| referred to as the "cigarette tax"." | 0018| Section 3. Section 24-20-1 NMSA 1978 (being Laws 1993, | 0019| Chapter 358, Section 3) is amended to read: | 0020| "24-20-1. MEDICAL TRUST FUND FOR CANCER AND OTHER | 0021| MEDICAL RESEARCH--APPROPRIATION.-- | 0022| A. There is created at the university of New | 0023| Mexico school of medicine a "medical trust fund" to be | 0024| administered by the school of medicine. The fund shall | 0025| consist of balances transferred to the fund from the dedicated | - 3 - 0001| health research fund and any other distributions, transfers | 0002| and deposits that may be made to the fund. Earnings from | 0003| investment of the medical trust fund are appropriated to the | 0004| university of New Mexico school of medicine for cancer and | 0005| other medical research, including research focusing on | 0006| pulmonary, respiratory or other diseases that are or may be | 0007| affected by the use of cigarettes. | 0008| B. The university of New Mexico school of medicine | 0009| shall report annually to the commission on higher education, | 0010| the department of health and the legislative finance committee | 0011| regarding the use of the earnings on the medical trust fund." | 0012| Section 4. EFFECTIVE DATE.-- | 0013| A. The effective date of the provisions of Section | 0014| 1 of this act is August 1, 1998; provided that if this bill | 0015| does not pass with an emergency clause, that effective date is | 0016| October 1, 1998. | 0017| B. The effective date of the provisions of | 0018| Sections 2 and 3 of this act is July 1, 1998; provided that if | 0019| this bill does not pass with an emergency clause, that | 0020| effective date is September 1, 1998. | 0021| Section 5. EMERGENCY.--It is necessary for the public | 0022| peace, health and safety that this act take effect | 0023| immediately. | 0024| |