0001| SENATE BILL 365 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| SHANNON ROBINSON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ALCOHOL; AMENDING A SECTION OF THE LIQUOR CONTROL | 0012| ACT PERTAINING TO IMPORTATION OF WINE FOR PERSONAL USE. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 60-7A-3 NMSA 1978 (being Laws 1981, | 0016| Chapter 39, Section 49, as amended) is amended to read: | 0017| "60-7A-3. TRANSPORTATION INTO STATE WITHOUT PERMIT-- | 0018| EXPORTATION OF ALCOHOLIC BEVERAGES WITHOUT PERMIT--IMPORTATION | 0019| FOR PRIVATE USE--RECIPROCAL SHIPPING--WHEN UNLAWFUL.-- | 0020| A. Except as provided in Subsection E of this | 0021| section, it is a violation of the Liquor Control Act for any | 0022| registered common carrier to knowingly deliver any shipment of | 0023| alcoholic beverages from another state to any person in this | 0024| state without receiving at the time of delivery a permit issued | 0025| by the department covering the quantity and class of alcoholic | 0001| beverages to be delivered and requiring the shipment be | 0002| transported from the shipper designated in the permit to the | 0003| designated consignee and from the designated point of origin to | 0004| the destination designated in the permit. | 0005| B. Except as provided in Subsections D and E of | 0006| this section, it is a violation of the Liquor Control Act for | 0007| any person other than a registered common carrier to knowingly | 0008| transport from another state and deliver in this state any | 0009| alcoholic beverages, unless the person has in his possession on | 0010| entering New Mexico a permit from the department for the | 0011| quantity and class of alcoholic beverages to be delivered, | 0012| designating the name of the shipper and consignee and the point | 0013| of origin and destination of the alcoholic beverages. | 0014| C. Except as provided in Subsections D and E of | 0015| this section, it is a violation of the Liquor Control Act for | 0016| any person to transport out of state any alcoholic beverages on | 0017| which the excise tax has not been paid, unless the shipment is | 0018| accompanied by a permit issued by the department for the exact | 0019| quantity and class transported, showing the consignee's federal | 0020| and state license numbers and the point of origin and | 0021| destination of the alcoholic beverages. | 0022| D. Any individual not a minor may transport into or | 0023| out of the state any reasonable amount of alcoholic beverages | 0024| for the exclusive purpose of his private use or consumption, | 0025| and nothing in the Liquor Control Act limits or applies to such | 0001| private actions. | 0002| E. Any ~~[individual or licensee]~~ manufacturer in | 0003| a state which affords New Mexico ~~[licensees or individuals]~~ | 0004| manufacturers an equal reciprocal shipping privilege may ship | 0005| for personal use and not for resale not more than ~~[two cases]~~ | 0006| one case of wine, each case containing no more than nine | 0007| liters, per month to any individual not a minor in this state. | 0008| Delivery of a shipment pursuant to this subsection shall not be | 0009| deemed to constitute a sale in this state and nothing in the | 0010| Liquor Control Act limits or applies to such shipments. The | 0011| shipping container of any wine sent into or out of this state | 0012| under this subsection shall be labeled clearly to indicate that | 0013| the package cannot be delivered to a minor or to an intoxicated | 0014| person. | 0015| F. As used in this section, "in this state" means | 0016| within the exterior boundaries of the state." | 0017| Section 2. EFFECTIVE DATE.--The effective date of the | 0018| provisions of this act is July 1, 1997. | 0019| | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION, 1997 SB 365/a | 0023| | 0024| | 0025| February 24, 1997 | 0001| | 0002| Mr. President: | 0003| | 0004| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0005| referred | 0006| | 0007| SENATE BILL 365 | 0008| | 0009| has had it under consideration and reports same with | 0010| recommendation that it DO PASS, amended as follows: | 0011| | 0012| 1. On page 2, line 22, after "transport" insert "or have | 0013| shipped". | 0014| | 0015| 2. On page 3, line 2, before "manufacturer" insert | 0016| "licensee or". | 0017| | 0018| 3. On page 3, line 3, remove the brackets and line through | 0019| "licensees or". | 0020| | 0021| 4. On page 3, line 5, remove the brackets and line through | 0022| "two cases". | 0023| | 0024| 5. On page 3, line 6, strike the underscored "one case". | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Shannon Robinson, Chairman | 0008| | 0009| Adopted_______________________ Not | 0010| Adopted_______________________ | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date ________________________ | 0014| | 0015| | 0016| The roll call vote was 5 For 0 Against | 0017| Yes: 5 | 0018| No: 0 | 0019| Excused: Garcia, Ingle, Vernon, Smith | 0020| Absent: None | 0021| | 0022| S0365PA1 .117683.2 | 0023| | 0024| State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 18, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has | 0012| been referred | 0013| | 0014| SENATE BILL 365, as amended | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| Fred Luna, Chairman | 0025| | 0001| | 0002| Adopted Not Adopted | 0003| | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| Date | 0007| | 0008| The roll call vote was 9 For 0 Against | 0009| Yes: 9 | 0010| Excused: Alwin, Hobbs, Varela | 0011| Absent: Getty | 0012| | 0013| | 0014| G:\BILLTEXT\BILLW_97\S0365 |