0001| HOUSE BILL 1012
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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| BEN LUJAN
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0006|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO TAXATION; AUTHORIZING IMPOSITION OF A COUNTY PUBLIC
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0013| SCHOOL GROSS RECEIPTS TAX TO PROVIDE COST-OF-LIVING SUPPLEMENTS
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0014| FOR PUBLIC SCHOOL EMPLOYEES IN SCHOOL DISTRICTS IN AN AREA
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0015| IMPACTED BY A HIGH COST OF LIVING; PROVIDING FOR DISTRIBUTION
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0016| OF REVENUES; PROVIDING FOR A REFERENDUM.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. A new section of the County Local Option Gross
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0020| Receipts Taxes Act is enacted to read:
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0021| "[NEW MATERIAL] COUNTY PUBLIC SCHOOL GROSS RECEIPTS
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0022| TAX--AUTHORITY TO IMPOSE RATE--DISTRIBUTION AND USE OF FUNDS--
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0023| REFERENDUM.--
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0024| A. Upon the request of a majority of the members of
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0025| the school board of an impacted school district in which a
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0001| majority of the students reside in the county, the majority of
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0002| the members of the governing body of the county shall enact an
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0003| ordinance imposing an excise tax at a rate not to exceed one-
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0004| eighth of one percent of the gross receipts of any person
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0005| engaging in business in the county for the privilege of
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0006| engaging in business in the county.
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0007| B. This tax may be referred to as the "county
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0008| public school gross receipts tax".
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0009| C. The tax authorized in Subsection A of this
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0010| section shall be imposed at a rate of:
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0011| (1) one-eighth of one percent of the gross
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0012| receipts of any person engaging in business in the county if
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0013| the impacted school district requesting imposition of the tax
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0014| is located in a municipality that exceeds the cost-of-living
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0015| index by twenty percent or more; provided, upon notification by
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0016| the district that the rate must be reduced to one-sixteenth of
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0017| one percent to comply with the requirements in Subsections E
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0018| through G of this section, the county shall enact an ordinance
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0019| imposing the tax at a rate of one-sixteenth of one percent of
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0020| the gross receipts of any person engaging in business in the
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0021| county; or
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0022| (2) one-sixteenth of one percent of the gross
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0023| receipts of any person engaging in business in the county if
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0024| the impacted school district requesting imposition of the tax
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0025| is located in a municipality that exceeds the cost-of-living
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0001| index by less than twenty percent.
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0002| D. A county, at the time of enacting an ordinance
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0003| imposing a county public school gross receipts tax, shall
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0004| dedicate the entire amount of revenue produced by the tax for
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0005| distribution to a specific impacted school district in the
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0006| county to be used solely to provide cost-of-living supplements
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0007| to all employees of the district. The county shall distribute
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0008| the net receipts from the tax monthly to the impacted school
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0009| district for whom the revenue is dedicated.
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0010| E. No impacted school district may receive from the
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0011| county public school gross receipts tax net receipts that for
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0012| any fiscal year exceed ten percent of the amount distributed to
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0013| the district through the state equalization guarantee
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0014| distribution for that fiscal year. The district, upon a
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0015| finding that it anticipates such an excess amount and subject
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0016| to the approval of the local school board and the state
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0017| department of public education, shall notify the board of
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0018| county commissioners to reduce the rate, if the rate of the
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0019| county public school gross receipts tax can be reduced. If
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0020| not, the district shall reduce the amount budgeted for cost-of-
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0021| living supplements to an amount that does not exceed ten
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0022| percent of the amount distributed to the district through the
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0023| state equalization guarantee distribution for that fiscal year
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0024| and shall provide for distribution of the excess amount to a
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0025| special school district capital fund established by the
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0001| district to fund capital and technology needs of the district.
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0002| F. If an impacted school district receiving county
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0003| public school gross receipts tax revenues ceases to meet the
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0004| qualifications for an impacted school district, the district
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0005| shall phase out the employee cost-of-living supplements over a
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0006| three-year period. To phase out funding, the district shall
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0007| continue for one fiscal year to budget one hundred percent of
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0008| the receipts for cost-of-living supplements and then shall
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0009| reduce the budget for those supplements to two-thirds of the
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0010| full amount for the second fiscal year and one-third of the
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0011| full amount for the third year. Any revenues distributed from
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0012| the county public school gross receipts tax in excess of the
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0013| budgeted amounts shall be deposited in the special school
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0014| district capital fund for expenditure for district capital and
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0015| technology needs.
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0016| G. Upon a finding that the school district ceases
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0017| to qualify as an impacted school district, the district shall
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0018| notify the board of county commissioners of that fact ninety
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0019| days prior to the next succeeding July 1. The board of county
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0020| commissioners shall enact an ordinance reducing the tax for any
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0021| succeeding fiscal year, if necessary and possible pursuant to
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0022| this section, and shall repeal the tax on the July 1 four years
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0023| following the notification.
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0024| H. A school district receiving county public school
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0025| gross receipts tax revenues shall determine prior to the
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0001| beginning of the school year, based on estimated revenues, the
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0002| amount of the periodic cost-of-living supplement that can be
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0003| paid to each employee for the school year. The supplement
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0004| shall be distributed to employees in nine or twelve equal
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0005| payments a year, as determined by each school district,
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0006| provided that the final installment each year may be adjusted
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0007| as necessary to meet available revenue. Amounts distributed
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0008| shall be supplemental to and not a part of the employees'
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0009| salaries.
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0010| I. An ordinance enacting the county public school
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0011| gross receipts tax pursuant to Subsection A of this section
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0012| shall go into effect on July 1 or January 1 in accordance with
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0013| the provisions of the County Local Option Gross Receipts Taxes
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0014| Act, but an election may be called in the county on the
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0015| question of approving or disapproving that ordinance as
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0016| follows:
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0017| (1) an election shall be called when:
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0018| (a) in a county having a referendum
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0019| provision in its charter, a petition requesting such an
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0020| election is filed pursuant to the requirements of that
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0021| provision in the charter and signed by the number of registered
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0022| voters in the county equal to the number of registered voters
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0023| required in its charter to seek a referendum; and
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0024| (b) in all other counties, a petition
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0025| requesting such an election is filed with the county clerk
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0001| within thirty days of enactment of the ordinance by the
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0002| governing body and the petition has been signed by a number of
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0003| registered voters in the county equal to at least five percent
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0004| of the number of voters in the county who were registered to
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0005| vote in the most recent general election;
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0006| (2) the signatures on the petition requesting
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0007| an election shall be verified by the county clerk. If the
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0008| petition is verified by the county clerk as containing the
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0009| required number of signatures of registered voters, the
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0010| governing body shall adopt a resolution calling an election on
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0011| the question of approving or disapproving the ordinance. The
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0012| election shall be held within sixty days after the date the
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0013| petition is verified by the county clerk, or it may be held in
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0014| conjunction with a general election if that election occurs
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0015| within sixty days after the date of the verification. The
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0016| election shall be called, held, conducted and canvassed in
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0017| substantially the same manner as provided by law for general
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0018| elections; and
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0019| (3) if a majority of the registered voters
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0020| voting on the question approves the ordinance imposing the
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0021| county public school gross receipts tax, the ordinance shall go
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0022| into effect on July 1 or January 1 in accordance with the
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0023| provisions of the County Local Option Gross Receipts Taxes Act.
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0024| If at such an election a majority of the registered voting on
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0025| the question disapproves the ordinance, the ordinance imposing
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0001| the county public school gross receipts tax shall be deemed
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0002| repealed and the question of imposing the tax shall not be
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0003| considered again by the governing body for a period of one year
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0004| from the date of the election.
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0005| J. As used in this section:
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0006| (1) "cost-of-living index" means the American
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0007| chamber of commerce researchers association national median
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0008| composite cost-of-living index; and
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0009| (2) "impacted school district" means a school
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0010| district that is located in a municipality that is deemed to be
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0011| a high cost-of-living area if:
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0012| (a) the municipality's cost of living
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0013| equals or exceeds the cost-of-living index by ten percent or
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0014| more; or
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0015| (b) the municipality is designated by
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0016| the federal internal revenue service as a high-cost area that
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0017| qualifies for a per diem travel allowance greater than the
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0018| standard allowance pursuant to the Internal Revenue Code."
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0019|
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