CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL
COUNCIL BILL NO. M-20-4 ENACTMENT NO. ______________________
SPONSORED BY: Isaac Benton and Cynthia D. Borrego
MEMORIAL
URGING THE LEGISLATURE OF THE STATE OF NEW MEXICO TO REPEAL STATUTORY PROVISIONS PREEMPTING STRICTER COUNTY AND MUNICIPAL REGULATION OF THE SALE OF CIGARETTES, TOBACCO PRODUCTS, AND ELECTRONIC SMOKING DEVICES.
WHEREAS, the American Heart Association reports approximately 2,600 New Mexico residents die from smoking each year and 40,000 New Mexico children alive today will die prematurely from smoking if nothing is done to reduce tobacco use, indicating tobacco use continues to be a public health problem in New Mexico; and
WHEREAS, the New Mexico 2019 Youth Risk and Resiliency Survey (YRRS) indicated that 8.9% of New Mexico high school students smoked cigarettes on at least one day in the past 30 days, higher than the national rate of 5.8% that year; and
WHEREAS, the 2019 YRRS indicated 34.0% of high school students in New Mexico used electronic vapor products on at least one day in the past 30 days, higher than the national rate of 27.5% that year; and
WHEREAS, in 2019 5.9% of New Mexico high school students used chewing tobacco, snuff or dip on at least one day in the past 30 days, higher than the national rate of 4.8% in 2019; and
WHEREAS, 8.3% of high school students in New Mexico in 2019 smoked cigars, cigarillos or little cigars on at least one day in the past 30 days, higher than the national rate of 7.6% in 2019; and
WHEREAS, in 2020 the New Mexico State Legislature passed Senate Bill 131, later signed into law on March 4, 2020 as Chapter 46, part of which declares the sale of cigarettes, tobacco products, and electronic smoking devices are matters of statewide concern; and
WHEREAS, by designating regulatory authority to the State, Chapter 46 preempts all local ordinances or regulations that govern the sale of cigarettes, tobacco products, and elec...
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