A. The attorney general and the secretary shall promulgate rules to effectuate the purposes of the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978].
B. In an action brought by the state to enforce the provisions of the Tobacco Escrow Fund Act, the state shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees, if the state prevails.
C. If a court determines that a person has violated a provision of the Tobacco Escrow Fund Act, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund.
D. The remedies and penalties provided in the Tobacco Escrow Fund Act are cumulative to each other and to penalties and remedies available under other laws.
History: Laws 2003, ch. 114, § 10.
Emergency clauses. — Laws 2003, ch. 114, § 12 contained an emergency clause and was approved April 2, 2003.
Structure 2021 New Mexico Statutes
Article 4 - State Funds and Capital Programs
Section 6-4-1 - Capital programs; preparation; duties.
Section 6-4-2 - [General fund created.]
Section 6-4-2.1 - General fund operating reserve created; authorizing expenditures.
Section 6-4-2.2 - General fund tax stabilization reserve.
Section 6-4-2.3 - Appropriation contingency fund.
Section 6-4-2.5 - New Mexico recovery and reinvestment fund.
Section 6-4-3 - State revenue-sharing trust fund created.
Section 6-4-4 - Transfers between general fund reserves.
Section 6-4-6 - Expenditures authorized to maintain cash flow.
Section 6-4-7 - Computer systems enhancement fund; created.
Section 6-4-9 - Tobacco settlement permanent fund; investment; distribution.
Section 6-4-10 - Tobacco settlement program fund created; purpose.
Section 6-4-13 - Requirements. (Contingent repeal.)
Section 6-4-13.1 - Severability.
Section 6-4-15 - Findings and purpose.
Section 6-4-17 - Certification by tobacco product manufacturer.
Section 6-4-18 - Directory of tobacco product manufacturers and cigarette brands.
Section 6-4-19 - Maintenance of directory; notice.
Section 6-4-20 - Agent for service of process.
Section 6-4-20.1 - Joint and several liability.
Section 6-4-21 - Reporting of information; escrow installments.
Section 6-4-22 - Penalties and other remedies.
Section 6-4-23 - General provisions.
Section 6-4-24 - Construction of act.
Section 6-4-24.1 - Attorney general authority; audit and investigation.
Section 6-4-24.2 - Presumption.
Section 6-4-25 - Gasoline and home heating relief fund; created.
Section 6-4-26 - Governor's contingency fund; created; purpose; audits.