46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TRANSPORTATION; AUTHORIZING THE IMPOSITION OF A GROSS RECEIPTS TAX; AUTHORIZING ISSUANCE OF REGIONAL TRANSIT REVENUE BONDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Regional Transit District Act is enacted to read:

"[NEW MATERIAL] REGIONAL TRANSIT GROSS RECEIPTS TAX--COUNTY IMPOSITION--RATE AUTHORIZED.--

A. Upon voter approval pursuant to this section, the board may impose by resolution an excise tax on a person engaging in business in the district area in a county or municipality that is a member of the district for the privilege of engaging in business. In the case of a county, the county clerk shall not tax a municipality within that county that has not opted to participate in the district. The rate of the tax shall not exceed the rate approved by the voters. The tax shall be referred to as the "regional transit gross receipts tax".

B. A tax imposed pursuant to this section may be imposed in one-sixteenth percent or one-eighth percent or a number of such increments by the enactment of one or more resolutions, but the total regional transit gross receipts tax rate imposed by all resolutions shall not exceed an aggregate rate of one-half percent of the gross receipts on a person engaging in business in the district area of the county or municipality.

C. The board, at the time of enacting a resolution imposing or changing the tax authorized in Subsection A of this section, shall dedicate the revenue for the management, construction or operation of the public transit system or for specific public transit projects or services of the district pursuant to the Regional Transit District Act.

D. A law that imposes or authorizes the imposition of a regional transit gross receipts tax or that affects that tax, or a law supplemental to or otherwise pertaining to that tax, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding regional transit revenue bonds that may be secured by a pledge of that tax, unless those outstanding revenue bonds have been discharged in full or provisions have been fully made for the discharge.

E. The board shall request that the county or municipality in which the regional transit gross receipts tax is to be imposed hold an election. The board shall not impose a regional transit gross receipts tax without the approval of a majority of the voters in the election."

Section 2. A new section of the Regional Transit District Act is enacted to read:

"[NEW MATERIAL] REGIONAL TRANSIT GROSS RECEIPTS TAX--EFFECTIVE DATE OF RESOLUTION--COMPLIANCE WITH GROSS RECEIPTS AND COMPENSATING TAX ACT AND REQUIREMENTS OF COMMISSION--SUBMISSION OF COPY TO COMMISSION.--

A. Unless another date is approved by the commission, a resolution imposing, amending or repealing a regional transit gross receipts tax or an increment of the tax authorized pursuant to the Regional Transit District Act shall be effective on July 1 or January 1, whichever date occurs first, after the expiration of at least three months from the date the adopted resolution is mailed or delivered to the commission. The resolution shall include the effective date.

B. A resolution imposing a regional transit gross receipts tax authorized pursuant to the Regional Transit District Act shall adopt by reference the same definitions and the same provisions relating to exemptions and deductions as are contained in the Gross Receipts and Compensating Tax Act then in effect and as it may be amended from time to time.

C. The board imposing the regional transit gross receipts tax authorized pursuant to the Regional Transit District Act shall impose the tax by adopting the model resolution with respect to the tax furnished to the district by the commission. A resolution that does not conform substantially to the model resolution of the commission is invalid.

D. A certified copy of the resolution imposing or repealing a regional transit gross receipts tax authorized pursuant to the Regional Transit District Act or changing the tax rate imposed shall be mailed or delivered to the commission within five days after the resolution is adopted."

Section 3. A new section of the Regional Transit District Act is enacted to read:

"[NEW MATERIAL] REGIONAL TRANSIT GROSS RECEIPTS TAX--SPECIFIC EXEMPTIONS.--A regional transit gross receipts tax authorized pursuant to the Regional Transit District Act shall not be imposed on the gross receipts arising from transporting persons or property for hire by railroad, motor vehicle, air transportation or any other means from one point within the district to another point outside the district, nor shall the tax be imposed on direct satellite broadcasting or on gross receipts that are exempt by federal law."

Section 4. A new section of the Regional Transit District Act is enacted to read:

"[NEW MATERIAL] REGIONAL TRANSIT GROSS RECEIPTS TAX--COLLECTION BY COMMISSION--TRANSFER OF PROCEEDS--DEDUCTION.--

A. The commission shall collect the regional transit gross receipts tax imposed pursuant to the provisions of the Regional Transit District Act in the same manner and at the same time as it collects the state gross receipts tax.

B. The commission may deduct an amount not to exceed three percent of the regional transit gross receipts tax collected pursuant to the provisions of the Regional Transit District Act as a charge for the administrative costs of collection. That amount shall be remitted to the state treasurer for deposit in the general fund each month.

C. The commission shall transfer to each district for which it is collecting a regional transit gross receipts tax authorized pursuant to the provisions of the Regional Transit District Act the amount of the tax collected for that district less any disbursement for administrative charges made pursuant to Subsection B of this section, tax credits, refunds and the payment of interest applicable to the tax. The transfer to the district shall be made within the month following the month in which the tax is collected."

Section 5. A new section of the Regional Transit District Act is enacted to read:

"[NEW MATERIAL] REGIONAL TRANSIT GROSS RECEIPTS TAX--ADMINISTRATION AND ENFORCEMENT OF ACT.--

A. The commission shall interpret the provisions of the Regional Transit District Act with respect to the regional transit gross receipts tax authorized pursuant to that act.

B. The commission shall administer and enforce the collection of the regional transit gross receipts tax authorized pursuant to the Regional Transit District Act, and the Tax Administration Act applies to the administration and enforcement of the regional transit gross receipts tax."

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005 if Senate Bill 34 or House Bill 102 of the first session of the forty-sixth legislature becomes effective.