0001| SENATE CORPORATIONS COMMITTEE SUBSTITUTE FOR
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0002| SENATE BILL 1249
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|
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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|
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0011| AN ACT
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0012| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0013| AMENDING THE LEASED VEHICLE GROSS RECEIPTS TAX ACT TO EXEMPT
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0014| FROM THE LEASED VEHICLE SURCHARGE THE LEASING OF CERTAIN RENTAL
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0015| VEHICLES.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 7-14A-2 NMSA 1978 (being Laws 1991,
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0019| Chapter 197, Section 6, as amended) is amended to read:
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0020| "7-14A-2. DEFINITIONS.--As used in the Leased Vehicle
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0021| Gross Receipts Tax Act:
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0022| A. "department" means the taxation and revenue
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0023| department, the secretary of taxation and revenue or any
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0024| employee of the department exercising authority lawfully
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0025| delegated to that employee by the secretary;
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0001| B. "engaging in business" means carrying on or
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0002| causing to be carried on the leasing of vehicles with the
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0003| purpose of direct or indirect benefit;
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0004| C. "gross receipts" means the total amount of money
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0005| or the value of other consideration received from leasing
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0006| vehicles used in New Mexico, but excludes cash discounts
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0007| allowed and taken, leased vehicle gross receipts tax payable on
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0008| transactions for the reporting period, gross receipts tax
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0009| payable pursuant to the Gross Receipts and Compensating Tax Act
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0010| on transactions for the reporting period and taxes imposed
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0011| pursuant to the provisions of any local option gross receipts
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0012| tax, as that term is defined in the Tax Administration Act,
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0013| that is payable on transactions for the reporting period and
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0014| any type of time-price differential. Also excluded from "gross
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0015| receipts" are any gross receipts or sales taxes imposed by an
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0016| Indian nation, tribe or pueblo, provided that the tax is
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0017| approved, if approval is required by federal law or regulation,
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0018| by the secretary of the interior of the United States, and
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0019| provided further that the gross receipts or sales tax imposed
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0020| by the Indian nation, tribe or pueblo provides a reciprocal
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0021| exclusion for gross receipts, sales or gross receipts-based
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0022| excise taxes imposed by the state or its political
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0023| subdivisions. In an exchange in which the money or other
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0024| consideration received does not represent the value of the
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0025| lease of the vehicle, "gross receipts" means the reasonable
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0001| value of the lease of the vehicle. When the leasing of
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0002| vehicles is made under a leasing contract, the seller or lessor
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0003| may elect to treat all receipts under those contracts as gross
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0004| receipts as and when the payments are actually received. "Gross
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0005| receipts" also includes amounts paid by members of any cooperative
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0006| association or similar organization for the lease of vehicles by
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0007| that organization;
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0008| D. "hardship rental" means the lease of a vehicle by
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0009| the owner of a damaged or stolen vehicle to replace temporarily
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0010| that damaged or stolen vehicle;
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0011| [D.] E. "leasing" means any arrangement whereby, for a
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0012| consideration, a vehicle without a driver furnished by the lessor
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0013| or owner is employed for or by any person other than the owner of
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0014| the vehicle for a period of not more than six months;
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0015| [E.] F. "person" means any individual, estate, trust,
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0016| receiver, cooperative association, club, corporation, company,
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0017| firm, partnership, joint venture, syndicate or other entity; and
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0018| [F.] G. "vehicle" means a passenger automobile
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0019| designed to accommodate six or fewer adult human beings that is
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0020| part of a fleet of five or more passenger automobiles owned by the
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0021| same person."
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0022| Section 2. Section 7-14A-3.1 NMSA 1978 (being Laws 1993,
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0023| Chapter 359, Section 1) is amended to read:
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0024| "7-14A-3.1. IMPOSITION AND RATE--LEASED VEHICLE SURCHARGE.-
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0025| -
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0001| A. Except as provided in Subsection B of this section,
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0002| there is imposed a surcharge on the leasing of a vehicle to
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0003| another person by a person engaging in business in New Mexico if
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0004| the lease is subject to the leased vehicle gross receipts tax.
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0005| The amount of this surcharge is two dollars ($2.00) for each day
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0006| each vehicle is leased by the person. The surcharge may be
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0007| referred to as the "leased vehicle surcharge".
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0008| B. No surcharge shall be imposed on the lease of a
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0009| vehicle if the person leasing the vehicle can present evidence
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0010| satisfactory to the person leasing the vehicle that it is a
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0011| hardship rental. Satisfactory evidence shall be determined by
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0012| department regulation and may include the insurance claim number
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0013| or other insurance information, an accident report or other report
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0014| or document from a law enforcement agency or a work order or other
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0015| document from a car repair shop."
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0016| Section 3. EFFECTIVE DATE.--The effective date of the
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0017| provisions of this act is July 1, 1997.
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0018|
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