HOUSE BILL 389

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Daniel P. Silva

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO TAXATION; PROVIDING A DEDUCTION FROM GROSS RECEIPTS FOR THE COSTS AND SERVICES RELATED TO FITTING AND DISPENSING HEARING AIDS AND VISION AIDS.

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

     Section 1. A new section of the Gross Receipts and Compensating Tax Act is enacted to read:

     "[NEW MATERIAL] DEDUCTION--GROSS RECEIPTS--HEARING AIDS AND VISION AIDS AND RELATED SERVICES.--

          A. Receipts that are not exempt from gross receipts taxation and are not deductible pursuant to another provision of the Gross Receipts and Compensating Tax Act that are from the sale of vision aids or hearing aids or related services may be deducted from gross receipts.

           B. As used in this section:

                (1) "hearing aid" means a small electronic prescription device that amplifies sound and is usually worn in or behind the ear of a person that compensates for impaired hearing, including cochlear implants, amplification systems or other devices that are:

                     (a) specifically designed for use by and marketed to persons with hearing loss; and

                     (b) not normally used by a person who does not have a hearing loss;

                (2) "low vision" means impaired vision with a significant reduction in visual function that cannot be corrected with conventional glasses or contact lenses;

                (3) "related services" means services required to fit or dispense hearing aids or vision aids;

                (4) "vision aid" means closed circuit television systems, monoculars, magnification systems, speech output devices or other systems that are:

                     (a) specifically designed for use by and marketed to persons with low vision or visual impairments; and

                     (b) not normally used by a person who does not have low vision or a visual impairment; and

                (5) "visual impairment" means a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens or a limitation in the fields of vision so that the widest diameter of the visual field subtends an angle of twenty degrees or less."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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