b'2020 Post WPMAEXPO NEW MEXICO Petroleum Marketers Association (NMPMA) Reportlicensure,includingissuance,renewals,finesandrevocations; bill provides a continual appropriation inspection and monitoring; and record keeping. of money in the fund to ABC.Allows ABC to promulgate rules in order to administer the Act.Repeals NMSA 1978, Sections 30-Requires ABC to begin issuing licenses to manufacturers,49-1 through 30-49-13 (the Tobacco Products, E-cigarette and Nicotine distributors, and retailers of tobacco products. The licensesLiquid Container Act) The effective are non-transferrable from person to person, but may bedate of this bill is July 1, 2020.transferred to a different location with approval. New Mexico NotesProvides fees to be charged: Manufacturers, up to $1,000, license fee, for a one-year license, per location; Distributors,FISCAL IMPLICATIONS Ruben Baca up to $1,000, application fee, for a one-year license, per This bill creates a new fund and pro- NMPMAlocation; Retailers, up to $1,000, application fee for a one- vides for continuing appropriations. Executive Directoryear license. LFC has concerns with includingProvides for administrative penalties for violations of the continuing appropriation language in the statutory provisions for newly created funds, as earmarking reduces the ability of Act. The bill provides that ABC may suspend or revoke athe Legislature to establish spending priorities. However, this license,requiretheuseofidentificationverificationsoftware, particular issue could be resolved with an amendmentsee the or impose an administrative penalty in an amount not moretechnical issues section below.than ten thousand dollars ($10,000), or any combination thereof. Upon the fourth violation for sale of a tobacco prod- The bill creates the tobacco products administration fund for uct to a minor at the same location within a three-year timemonies generated by licensing fees and administrative penalties.period, the license issued for that location shall permanently be revoked. The appropriation of $350 thousand contained in this bill is a recurring expense to the general fund. The appropriation isGrants RLD and the Department of Public Safety (DPS) made to the newly created tobacco products administration authority to enforce the Act. RLD is limited to authority overfund and any unexpended or unencumbered balance remaining the administrative requirements. The Act allows for RLD,attheendofafiscalyeardoesnotreverttothegeneralfund.DPS, and local law enforcement to conduct inspections of any place tobacco products are sold, manufactured, or distributed.DefinesminorundertheTobaccoProductsActtomean SIGNIFICANT ISSUESan individual who is younger than twenty-one years of age.New Mexico is one of 11 states that do not currently have some This bill removes criminal penalties for minors attempting tokind of tobacco retailer licensing law. This bill creates a licens-purchase tobacco products.ing structure for all tobacco retailers, manufacturers, and distrib-The bill prohibits the sale of tobacco products that are know- utorsandincludesabroaderdefinitionoftobaccoproduct.ingly attractive to minors and the sale of tobacco productsAdditionally, no state currently has enacted a comprehensive from vending machines unless the vending machine is in age- e-cigarette regulatory bill. If passed, New Mexico would be the controlled locations off limits to minors. firststatetocreatesuchaframeworkfore-cigarettes. Eliminates the current loophole, in which the only personspenalized for the sale to a minor are the individual employees while the business establishment is not held accountable. Thiscontinued on page 46createsaccountabilityontheentityprofitingfromthesaleofthe product. Creates the non-reverting tobacco products administrationUpcoming Events fund which will include application fees and administrative penalties collected by ABC, in order to administer the Act. TheThe NMPMA Convention and Trade Show will be held August 17-19, 2020, at Sandia Resort and Casinoin Albuquerque, New Mexico. Mark your calendars!WPMA News / Spring 202045'