In any action under Section 6-4-13 NMSA 1978, reports of numbers of cigarettes stamped submitted pursuant to Subsection A of Section 6-4-21 NMSA 1978 shall be admissible evidence and shall be presumed to state accurately the number of cigarettes stamped during the time period by the stamping agent that submitted the report, absent a contrary showing by the nonparticipating manufacturer or importer. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that such reports are incorrect or do not accurately reflect a nonparticipating manufacturer's sales in the state during the time period in question, and the presumption shall not apply in the event that the state does so maintain.
History: 1978 Comp., § 6-4-24.2, as enacted by Laws 2009, ch. 197, § 10.
Effective dates. — Laws 2009, ch. 197, § 26 made Laws 2009, ch. 197, § 10 effective July 1, 2009.
Structure 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.