[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

Only the most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC’s office in Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Carraro

 

DATE TYPED:

1/24/02

 

HB

 

 

SHORT TITLE:

Prohibit Smoking in Public Institutions

 

SB

93

 

 

ANALYST:

Esquibel

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

N/A

 

 

Unknown

Recurring

Unknown

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

 

 

 

 

Unknown

Unknown

Recurring

Unknown

 

 

 

 

 

(Parenthesis ( ) Indicate Revenue Decreases)

 

Relates to HB10, Prohibit Smoking in State Capitol; HJM2, Smoking Prevention and Cessation Strategies; SB81, Face-to-Face Tobacco Sales; and SB101, Tobacco Settlement Program Fund Distributions

                                                                                                                                                           

 

SOURCES OF INFORMATION

 

Responses Received From

Department of Health (DOH)

NM Corrections Department (CD)

State Department of Education (SDE)

 

No Response

NM Health Policy Commission (HPC)

Children, Youth and Families Department (CYFD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 93 would prohibit smoking in publicly- and privately-operated correctional facilities, public school campuses and certified juvenile detention facilities.

 

Persons not complying with the law in these facilities shall be fined between $10.00 and $25.00.

 

     Significant Issues

 

CD reports that a complete ban on smoking in correctional facilities would cause some disruption among staff and inmates in the short-term.

 

FISCAL IMPLICATIONS

 

The bill does not specify where the revenue generated from fines would be deposited and for what purposes it would be expended.

 

ADMINISTRATIVE IMPLICATIONS

 

The bill does not specify which agency would administer the fund where fines would be deposited.

 

TECHNICAL ISSUES

 

The bill does not specify who would impose fines on violators of the provisions of the bill.

 

OTHER SUBSTANTIVE ISSUES

 

Currently, the New Mexico Clean Indoor Air Act (1985) does not adequately address indoor smoking in publicly and privately operated correctional facilities, school campuses and certified juvenile detention facilities.  SB 93 would protect the health and well being of visitors, inmates, staff and students of these facilities with the proposed smoking restrictions.  SB 93 would also be consistent with recent trends in attitudes toward smoking policies documented for New Mexico correction facilities, schools, residents, and communities.  Seven county detention facilities in New Mexico have implemented smoke-free policies, including Bernalillo, Chaves, Colfax, Curry, Dona Ana, Eddy and San Juan counties. In 1994, The New Mexico State Board of Education (SBE) adopted SBE Regulation 94-2, Regulation on Tobacco Free School Districts.  This regulation prohibits the use of tobacco products while in school buildings, on school property, and for students at school functions away from school property.  However, many school districts have not fully enforced the regulation.  Sixteen school districts in New Mexico have recently developed policy review committees to review their district smoking policies and enforcement procedures.  Two of these committees have already made recommendations to change the policies in regards to enforcement and alternatives to suspension. In addition, a statewide policy review committee currently is evaluating and reviewing


the implementation and enforcement of SBE 94-2.  The New Mexico Adult Tobacco Survey conducted in March 2001 demonstrated that 64% of New Mexicans surveyed did not allow smoking in their homes.  Furthermore, since 1994, Las Cruces, the Town of Mesilla, Santa Fe, Carlsbad, Silver City, and Doña Ana County have adopted laws prohibiting smoking in public places, restaurants, and/or work places.

 

RAE/prr

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