HOUSE BILL 435

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO TAXATION; INCREASING THE LIMIT ON THE COUNTY CORRECTIONAL FACILITY GROSS RECEIPTS TAX.

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

     Section 1. Section 7-20F-3 NMSA 1978 (being Laws 1993, Chapter 303, Section 3, as amended) is amended to read:

     "7-20F-3. COUNTY CORRECTIONAL FACILITY GROSS RECEIPTS TAX--AUTHORITY TO IMPOSE--RATE--ORDINANCE REQUIREMENTS--REFERENDUM.--

          A. The majority of the members elected to the county board may enact an ordinance imposing on a countywide basis an excise tax not to exceed a rate of [one-eighth] one-fourth percent of the gross receipts of any person engaging in business in the county, including all municipalities within the county.

          B. The tax imposed pursuant to Subsection A of this section may be referred to as the "county correctional facility gross receipts tax".

          C. Any ordinance imposing a county correctional facility gross receipts tax pursuant to this section shall:

                (1) impose the tax in any number of increments of one-sixteenth percent not to exceed an aggregate amount of [one-eighth] one-fourth percent;

                (2) specify that the imposition of the tax will begin on either July 1 or January 1, whichever occurs first after the expiration of at least three months from the date that the department is notified personally or by mail by the county of adoption of the ordinance; and

                (3) dedicate the revenue from the county correctional facility gross receipts tax:

                     (a) for the purpose of operating, maintaining, constructing, purchasing, furnishing, equipping, rehabilitating, expanding or improving a judicial-correctional or a county correctional facility or the grounds of a judicial-correctional or county correctional facility, including acquiring and improving parking lots, landscaping or any combination of the foregoing;

                     (b) for the purpose of transporting or extraditing prisoners; or

                     (c) to payment of principal and interest on revenue bonds or refunding bonds issued pursuant to the provisions of the County Correctional Facility Gross Receipts Tax Act.

          D. An ordinance imposing the first and second one-sixteenth increments of a county correctional facility gross receipts tax pursuant to this section shall be subject to optional referendum selection by the governing body, as provided in Subsection A of Section 7-20E-3 NMSA 1978.

          E. An ordinance imposing the third and fourth one-sixteenth increments of a county correctional facility gross receipts tax pursuant to this section shall be subject to election as provided in Paragraph (2) of Subsection A of Section 7-20E-3 NMSA 1978.

          [E.] F. If the county has pledged the revenue from imposition of the county correctional facilities gross receipts tax to the repayment of bonds or other indebtedness, revenue produced by the imposition of a county correctional facility gross receipts tax that is in excess of the annual principal and interest due on bonds secured by a pledge of the county correctional facility gross receipts tax may be accumulated in a debt service reserve account until an amount equal to the maximum amount permitted pursuant to the provisions of the United States treasury regulations is accumulated in the debt service reserve account. After the debt service reserve account requirements have been met, the excess revenue shall be accumulated in an extraordinary mandatory redemption fund and annually used to redeem the bonds prior to their stated maturity date.

          [F.] G. If the county has pledged the revenue from imposition of the county correctional facilities gross receipts tax to the repayment of bonds or other indebtedness, when all outstanding bonds have been paid, whether from the debt service reserve, the redemption fund or maturity, the ordinance shall be repealed if the county correctional facility gross receipts tax revenue is no longer required for the purposes for which it may be used pursuant to the provisions of the County Correctional Facility Gross Receipts Tax Act.

          [G.] H. The repeal of an ordinance imposing a county correctional facility gross receipts tax shall state that the repeal shall be effective on January 1 or July 1, whichever occurs first following the date the department is notified personally or by mail by the county of the repeal."

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