0001|                            HOUSE BILL 707
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          BOBBIE K. MALLORY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO TAXATION; AUTHORIZING IMPOSITION OF A MUNICIPAL
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0012|     RECREATION INFRASTRUCTURE GROSS RECEIPTS TAX IN CERTAIN
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0013|     MUNICIPALITIES; REQUIRING A REFERENDUM.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of the Municipal Local Option
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0017|     Gross Receipts Taxes Act is enacted to read:
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0018|          "[<u>NEW MATERIAL</u>]  MUNICIPAL RECREATION INFRASTRUCTURE
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0019|     GROSS RECEIPTS TAX--AUTHORITY TO IMPOSE--PURPOSE--REFERENDUM.--
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0020|               A.  A majority of the members of the governing body
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0021|     of a municipality may enact an ordinance imposing an excise tax
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0022|     on any person engaging in business in the municipality for the
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0023|     privilege of engaging in business.  The rate of the tax shall
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0024|     not exceed one-half of one percent of the gross receipts of the
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0025|     person engaging in business.  The tax imposed by this section
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0001|     shall be imposed for a period not to exceed five years.  Having
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0002|     once enacted an ordinance pursuant to this section, the
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0003|     governing body may enact subsequent ordinances for two five-
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0004|     year periods subject to the requirements of this section.
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0005|               B.  The tax imposed pursuant to Subsection A of this
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0006|     section may be referred to as the "municipal recreation
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0007|     infrastructure gross receipts tax".
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0008|               C.  The governing body of the municipality at the
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0009|     time of enacting the ordinance imposing the municipal
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0010|     recreation infrastructure gross receipts tax shall dedicate the
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0011|     revenue for construction, acquisition, equipping, furnishing or
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0012|     renovation of or other improvements to municipal recreation
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0013|     facilities that may include a golf course, swimming pool,
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0014|     tennis courts, sports fields or jogging or walking paths.
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0015|               D.  The ordinance imposing the tax in Subsection A
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0016|     of this section shall not go into effect until an election is
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0017|     held and a majority of the voters of the municipality voting in
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0018|     the election votes in favor of imposing the municipal
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0019|     recreation infrastructure gross receipts tax.  The governing
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0020|     body shall adopt a resolution calling for an election within
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0021|     seventy-five days of the date the ordinance is adopted on the
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0022|     question of imposing the tax.  The question may be submitted to
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0023|     the voters and voted on as a separate question in a general
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0024|     election or in any special election called for that purpose by
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0025|     the governing body.  A special election on the question shall
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0001|     be called, held, conducted and canvassed in accordance with the
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0002|     provisions of the Municipal Election Code.  If at the election
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0003|     called pursuant to this section a majority of the voters voting
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0004|     on the question votes to approve the ordinance imposing the
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0005|     tax, the ordinance shall become effective and the tax imposed
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0006|     in accordance with the provisions of the Municipal Local Option
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0007|     Gross Receipts Taxes Act.  If a majority of the voters voting
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0008|     on the question disapproves the ordinance imposing the tax, the
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0009|     tax shall not be imposed and the governing body shall not again
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0010|     propose a municipal recreation infrastructure gross receipts
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0011|     tax for a period of one year from the date of the election.
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0012|               E.  As used in this section, "municipality" means a
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0013|     municipality that has a population of more than six thousand
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0014|     according to the most recent federal decennial census and that
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0015|     is located in a class B county with a net taxable value for
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0016|     rate-setting purposes for any property tax year of less than
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0017|     ninety million dollars ($90,000,000)."
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0018|                               
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