2023 New Mexico Statutes › Chapter 7 - Taxation › Article 1 - Administration › Section 7-1-6.11 - Distributions of cigarette taxes.

A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the board of regents of the university of New Mexico for the benefit of the comprehensive cancer center at the university of New Mexico health sciences center in an amount equal to seventy-one hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax.
B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to seven and fifty-two hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax, shall be made on behalf of and for the benefit of the university of New Mexico health sciences center for its comprehensive cancer center, until payment of all principal, interest and other expenses or obligations related to the bonds authorized pursuant to Section 3 [6-21-6.15 NMSA 1978] of this 2021 act and the New Mexico finance authority certifies to the secretary of taxation and revenue that all obligations for the bonds have been fully discharged, to the credit enhancement account.
C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to three and seventeen hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax shall be made to the New Mexico finance authority for land acquisition and the planning, designing, construction and equipping of department of health facilities or improvements to such facilities.
D. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to eight and twenty-six hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax shall be made to the New Mexico finance authority for deposit in the credit enhancement account created in the authority.
E. A distribution pursuant to Section 7-1-6.1 NMSA 1978 in an amount equal to fifty-three hundredths percent of the net receipts, exclusive of penalties and interest, attributable to the cigarette tax shall be made, on behalf of and for the benefit of the rural county cancer treatment fund, to the New Mexico finance authority.
History:
1978 Comp., § 7-1-6.11, enacted by Laws 1983, ch. 211, § 16; 1985, ch. 25, § 3; 1986, ch. 13, § 1; 1993, ch. 358, § 1; 2003, ch. 341, § 1; 2005, ch. 320, § 6; 2006, ch. 89, § 2; 2010 (2nd S.S.), ch. 5, § 1; 2017, ch. 34, § 2; 2017, ch. 63, § 9; 2019, ch. 270, § 4; 2021, ch. 72, § 2.
ANNOTATIONS
Cross references.
— For the county and municipality recreation fund,
see
7-12-15 NMSA 1978.
For the county and municipal cigarette tax fund,
see
7-12-16 NMSA 1978.
For medical trust fund for cancer and other research,
see
24-20-1 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, authorized a distribution from cigarette tax revenue bonds for the purpose of completing the final phase 2 expansion at the comprehensive cancer center at the university of New Mexico health sciences center, and provided that the distribution shall be made until the bonds have been paid off; in Subsection A, after "made to the", added "board of regents of the university of New Mexico for the benefit of the"; and in Subsection B, after "university of New Mexico health sciences center", deleted "to the New Mexico finance authority" and added the remainder of the subsection.
The 2019 amendment,
effective July 1, 2019, modified the amount of distributions from the cigarette tax; in Subsection A, after "equal to", deleted "eighty-three" and added "seventy-one"; in Subsection B, after "equal to", deleted "eight and eighty-nine" and added "seven and fifty-two"; in Subsection C, after "equal to three and", deleted "seventy-four" and added "seventeen"; in Subsection D, after "amount equal to", deleted "nine and seventy-seven" and added "eight and twenty-six"; and in Subsection E, after "amount equal to", deleted "sixty-two" and added "fifty-three".
2017 Amendments.
— Laws 2017, ch. 63, § 9,
effective June 16, 2017, amended a provision that designated funds from the cigarette tax to reflect the comprehensive designation and new name of the cancer center at the university of New Mexico health sciences center, and made technical changes; redesignated former Subsections C through H as Subsections A through F, respectively; and in Subsection A, after "shall be made to the", added "comprehensive", and after "cancer", deleted "research and treatment".
Laws 2017, ch. 34, § 2, effective February 1, 2018, eliminated a distribution of the cigarette tax to the New Mexico finance authority; designated former Subsection C as Subsection A; deleted former Subsection D, which directed that a 1.25 percent distribution from cigarette tax revenues be made to the New Mexico finance authority; and redesignated former Subsections E through H as Subsections B through E, respectively.
Contingent effective date.
— Laws 2017, ch. 34, § 3 provided that the provisions of this act is the later of:
A. November 1, 2017; or
B. the first day of the month following the day the chief executive officer of the New Mexico finance authority certifies to the secretary of taxation and revenue, the secretary of finance and administration, the legislative council service and the New Mexico compilation commission that the bonds issued pursuant to Section 6-21-6.10 NMSA 1978 have been discharged in full and the distribution pursuant to Subsection D of Section 7-1-6.11 NMSA 1978 is no longer needed to pay debt service, as that subsection was in effect prior to the effective date of this act.
Pursuant to Laws 2017, ch. 34, § 3, the effective date of Laws 2017, ch. 34, §§ 1 and 2 is February 1, 2018. On January 30, 2018, the New Mexico finance authority certified that the bonds issued pursuant to Section 6-21-6.10 NMSA 1978 have been discharged in full and the distribution pursuant to Subsection D of Section 7-1-6.11 NMSA 1978 is no longer needed to pay debt service.
The 2010 (2nd S. S.) amendment,
effective July 1, 2010, in Subsection C, changed the amount of the distribution of net receipts from one and thirty-five hundredths percent to eighty-three hundredths percent; in Subsection D, changed the amount of the distribution of net receipts from two and two hundredths percent to one and twenty-five hundredths percent; in Subsection E, changed the amount of the distribution of net receipts from fourteen and thirty-seven hundredths percent to eight and eighty-nine hundredths percent; in Subsection F, changed the amount of the distribution of net receipts from six and five hundredths percent to three and seventy-four hundredths percent; in Subsection G, changed the amount of the distribution of net receipts from fifteen and seventy-nine hundredths percent to nine and seventy-seven hundredths percent; and in Subsection H, changed the amount of the distribution of net receipts from one percent to sixty-two hundredths percent.
Applicability.
— Laws 2010 (2nd S.S.), ch. 5, § 27 provided that the distributions pursuant to the provisions of Laws 2010 (2nd S.S.), ch. 5, § 1 apply to receipts from the cigarette tax that are attributable to sales that occur on or after July 1, 2010.
The 2006 amendment,
effective May 17, 2006, reduced the cigarette tax distribution in Subsections A through G; and added Subsection H to provide for a one percent distribution, for the benefit of the rural county cancer treatment fund, to the New Mexico finance authority.
The 2005 amendment,
effective June 17, 2005, provided in Subsection F that the distribution shall be made to land acquisition and the planning, designing, construction and equipping and making improvements to department of health facilities.
The 2003 amendment,
effective August 1, 2003, in Subsection A and C, substituted "one and thirty-six hundredths" for "four and three-quarters"; in Subsection B, substituted "two and seventy-two hundredths" for "nine and one-half"; in Subsection C, inserted "research and treatment" and substituted "health sciences center" for "school of medicine"; in Subsection D, substituted "two and four-hundredths" for "seven and one-eighth"; and added Subsections E, F, and G.
The 1993 amendment,
effective August 1, 1993, deleted "to municipalities, counties and dedicated health research fund" from the end of the catchline; substituted "four and three-quarters percent" for "one-fifteenth" in Subsection A; substituted "nine and one-half percent" for "two-fifteenths" in Subsection B; and substituted "the cancer center at the university of New Mexico school of medicine" for "dedicated health research fund" and "four and three-quarters percent" for "three-fifteenths" in Subsection C.