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