0001| SENATE BILL 59 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| BILLY J. McKIBBEN | 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. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 7-1-6.11 NMSA 1978 (being Laws 1983, | 0019| Chapter 211, Section 16, as amended) is amended to read: | 0020| "7-1-6.11. DISTRIBUTIONS OF CIGARETTE TAXES.-- | 0021| A. A distribution pursuant to Section 7-1-6.1 NMSA | 0022| 1978 shall be made to the county and municipality recreational | 0023| fund in an amount equal to ~[four and three-quarters]~ |three | 0024| and eighty-nine hundredths| percent of the net receipts, | 0025| exclusive of penalties and interest, attributable to the | - 1 - 0001| cigarette tax. | 0002| B. A distribution pursuant to Section 7-1-6.1 NMSA | 0003| 1978 shall be made to the county and municipal cigarette tax | 0004| fund in an amount equal to ~[nine and one-half]~ |seven and | 0005| seventy-eight hundredths| percent of the net receipts, | 0006| exclusive of penalties and interest, attributable to the | 0007| cigarette tax. | 0008| C. A distribution pursuant to Section 7-1-6.1 NMSA | 0009| 1978 shall be made to the cancer center at the university of | 0010| New Mexico school of medicine in an amount equal to ~[four and | 0011| three-quarters]~ |fourteen and seventy-seven hundredths| | 0012| percent of the net receipts, exclusive of penalties and | 0013| interest, attributable to the cigarette tax. | 0014| D. A distribution pursuant to Section 7-1-6.1 NMSA | 0015| 1978 shall be made to the New Mexico finance authority in an | 0016| amount equal to ~[seven and one-eighth]~ |five and eighty-four | 0017| hundredths| percent of the net receipts, exclusive of | 0018| penalties and interest, attributable to the cigarette tax. | 0019| |E. A distribution pursuant to Section 7-1-6.1 | 0020| NMSA 1978 shall be made to the university of New Mexico school | 0021| of medicine medical trust fund in an amount equal to seven and | 0022| one-fourth percent of the net receipts, exclusive of penalties | 0023| and interest, attributable to the cigarette tax.|" | 0024| Section 2. Section 7-12-3 NMSA 1978 (being Laws 1971, | 0025| Chapter 77||, Section 3, as amended) is amended to read: | - 2 - 0001| "7-12-3. EXCISE TAX ON CIGARETTES--RATES.-- | 0002| A. For the privilege of selling, giving or | 0003| consuming cigarettes in New Mexico, there is levied an excise | 0004| tax at the rate of ~[one and five-hundredths cents ($.0105)]~ | 0005| |one and three-tenths cents ($.013)| for each cigarette sold, | 0006| given or consumed in this state. | 0007| B. The tax imposed by this section shall be | 0008| referred to as the "cigarette tax"." | 0009| Section 3. Section 24-20-1 NMSA 1978 (being Laws 1993, | 0010| Chapter 358, Section 3) is amended to read: | 0011| "24-20-1. MEDICAL TRUST FUND FOR CANCER AND OTHER | 0012| MEDICAL RESEARCH--APPROPRIATION.-- | 0013| A. There is created at the university of New | 0014| Mexico school of medicine a "medical trust fund" to be | 0015| administered by the school of medicine. The fund shall | 0016| consist of balances transferred to the fund from the dedicated | 0017| health research fund and any other distributions, transfers | 0018| and deposits that may be made to the fund. Earnings from | 0019| investment of the medical trust fund are appropriated to the | 0020| university of New Mexico school of medicine for cancer and | 0021| other medical research, |including research focusing on | 0022| pulmonary, respiratory or other diseases that are or may be | 0023| affected by the use of cigarettes|. | 0024| B. The university of New Mexico school of medicine | 0025| shall report annually to the commission on higher education, | - 3 - 0001| the department of health and the legislative finance committee | 0002| regarding the use of the earnings on the medical trust fund." | 0003| Section 4. EFFECTIVE DATE.-- | 0004| A. The effective date of the provisions of Section | 0005| 1 of this act is August 1, 1998. | 0006| B. The effective date of the provisions of | 0007| Sections 2 and 3 of this act is July 1, 1998. | 0008|  |