SENATE BILL 518
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
John Arthur Smith
AN ACT
RELATING TO TAXATION; AUTHORIZING COUNTIES TO IMPLEMENT A LOCAL OPTION SENIOR CITIZEN SERVICES GROSS RECEIPTS TAX; MAKING TECHNICAL CORRECTIONS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 1990; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 7-1-6.1 NMSA 1978 (being Laws 1983, Chapter 211, Section 6, as amended by Laws 1990, Chapter 6, Section 19 and by Laws 1990, Chapter 86, Section 3) is amended to read:
"7-1-6.1. IDENTIFICATION OF MONEY IN TAX ADMINISTRATION SUSPENSE FUND--DISTRIBUTION.--After the necessary disbursements have been made from the tax administration suspense fund, the money remaining, except for remittances received within the previous sixty days that are unidentified as to source or disposition, in the suspense fund as of the last day of the month shall be identified by tax source and distributed or transferred in accordance with the applicable provisions of [Sections 7-1-6.2 through 7-1-6.19, 7-1-6.24 through 7-1-6.26 and 7-1-6.28 through 7-1-6.40 NMSA 1978] the Tax Administration Act. After the necessary distributions and transfers, any balance shall be distributed to the general fund."
Section 2. A new section of the County Local Option Gross Receipts Taxes Act is enacted to read:
"[NEW MATERIAL] COUNTY SENIOR CITIZEN SERVICES GROSS RECEIPTS TAX--AUTHORITY TO IMPOSE--RATE--USE OF FUNDS--ELECTION--SUNSET.--
A. The majority of the members of the governing body of a county may enact an ordinance imposing, increasing or repealing an excise tax that may be referred to as the "county senior citizen services gross receipts tax" on the gross receipts of a person engaging in business in the county for the privilege of engaging in business. The tax authorized to be imposed pursuant to this subsection may be imposed for no longer than a six-year period from the effective date of the tax.
B. The tax may be imposed in one-sixteenth of one percent increments, and the aggregate of all the increments imposed shall not exceed a total of one-fourth of one percent of the gross receipts of a person engaged in business. Having once enacted an ordinance to impose less than the total amount of county senior citizen services gross receipts tax authorized pursuant to this section, the governing body may enact subsequent ordinances to enact the remaining increments for succeeding periods of not more than six years from the effective date of each new increment of the county senior citizen services gross receipts tax up to the maximum authorized; provided that each ordinance meets the requirements of the County Local Option Gross Receipts Taxes Act.
C. The governing body, at the time of enacting an ordinance imposing an increment or the maximum rate of the county senior citizen services gross receipts tax authorized in this section, shall dedicate the revenue to the administration and operation of area agency on aging-approved senior citizen centers that are contract providers of senior citizen services located in the county.
D. An ordinance imposing the county senior citizen services gross receipts tax shall not go into effect until after an election is held and a majority of the voters in the county voting in the election votes in favor of imposing the tax.
E. The governing body shall adopt a resolution calling for an election within seventy-five days of the date the ordinance is adopted on the question of imposing the tax. The question shall be submitted to the voters of the county as a separate question at a general election or at a special election called, conducted and canvassed in substantially the same manner as provided by law for general elections. If a majority of the voters voting on the question approves the ordinance imposing the county senior citizen services gross receipts tax, then the ordinance shall become effective pursuant to the provisions of the County Local Option Gross Receipts Taxes Act. If the question of imposing a county senior citizen services gross receipts tax fails, the governing body shall not again propose the imposition of that tax for a period of one year from the date of the election.
F. A county senior citizen services gross receipts tax shall go into effect on January 1 or July 1 at least three months after an election approving the county senior citizen services gross receipts tax."
Section 3. REPEAL.--LAWS 1990, Chapter 6, Section 19 is repealed.
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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