SENATE BILL 612

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

INTRODUCED BY

Timothy Z. Jennings

AN ACT

RELATING TO TOBACCO; INCREASING THE AGE FOR TOBACCO USE FROM EIGHTEEN TO TWENTY-ONE; PROHIBITING TOBACCO POSSESSION BY PERSONS UNDER TWENTY-ONE YEARS OF AGE; INCREASING A PENALTY.

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

     Section 1. Section 30-49-2 NMSA 1978 (being Laws 1993, Chapter 244, Section 2) is amended to read:

     "30-49-2. DEFINITION.--As used in the Tobacco Products Act, "minor" means an individual who is less than [eighteen] twenty-one years of age."

     Section 2. 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] a tobacco product to [any] a minor.

          B. [No] A minor shall not possess, receive, procure or attempt to procure [any] tobacco products for [his] the minor's 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 3. 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 refuse to] shall not sell tobacco products to [any] a person who reasonably appears to be less than thirty years of age and who is unable to produce an identity card as evidence that [he] the person is [eighteen] twenty-one years of age or over."

     Section 4. Section 30-49-9 NMSA 1978 (being Laws 1993, Chapter 244, Section 9) is amended to read:

     "30-49-9. SIGNS--POINT OF SALE.--A person, firm, corporation, partnership or other entity engaged in the sale at retail of tobacco products shall prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located a printed sign or decal that reads as follows:

     "A PERSON LESS THAN [18] 21 YEARS OF AGE WHO PURCHASES A TOBACCO PRODUCT IS SUBJECT TO A FINE OF UP TO $1,000.

     A PERSON WHO SELLS A TOBACCO PRODUCT TO A PERSON LESS THAN [18] 21 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $1,000."."

     Section 5. 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 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)] one thousand dollars ($1,000) or forty-eight hours of community service."

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