SENATE BILL 306

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

INTRODUCED BY

John Arthur Smith

AN ACT

RELATING TO TAXATION; PROVIDING A CREDIT FOR THE STATE PORTION OF THE GROSS RECEIPTS TAX FROM THE PROVISION OF CERTAIN HEALTH CARE SERVICES IN THE BORDER REGION.

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] CREDIT--GROSS RECEIPTS TAX--RECEIPTS FROM THE PROVISION OF HEALTH CARE SERVICES IN THE BORDER REGION.--

          A. A taxpayer may claim a credit for each reporting period against the gross receipts tax due for that reporting period as follows:

                (1) for a taxpayer whose business location is within a municipality, in an amount equal to three and seven hundred seventy-five thousandths percent of the taxpayer's taxable gross receipts from the provision of health care services in the border region by a physician, physician assistant or registered nurse in advanced practice for that reporting period after all applicable deductions have been taken; and

                (2) for a taxpayer whose business location is within a county, in an amount equal to five percent of the taxpayer's taxable gross receipts from the provision of health care services in the border region by a physician, physician assistant or registered nurse in advanced practice for that reporting period after all applicable deductions have been taken.

          B. For the purposes of this section: 

                (1) "border region" means the area of land located in New Mexico that is within fifty-five miles in any direction of the international boundary between New Mexico and Mexico;

                (2) "health care services" means medical and health services provided by a physician, physician assistant or registered nurse in advanced practice, including facility fees for outpatient services, that are within the scope of practice of the physician, physician assistant or registered nurse in advanced practice providing the services;

                (3) "physician" means a physician licensed pursuant to the provisions of Chapter 61, Article 6 NMSA 1978;

                (4) "physician assistant" means a physician assistant licensed pursuant to provisions of Chapter 61, Article 6 NMSA 1978; and

                (5) "registered nurse in advanced practice" means a person who has been prepared through additional formal education as provided in Sections 61-3-23.2 through 61-3-23.4 NMSA 1978 to function beyond the scope of practice of professional registered nursing, including certified nurse practitioners, certified registered nurse anesthetists, certified nurse-midwives and clinical nurse specialists."

     Section 2. A new section of the Tax Administration Act is enacted to read:

     "[NEW MATERIAL] DISTRIBUTION ADJUSTMENT--TAX ADMINISTRATION SUSPENSE FUND--CREDIT FOR RECEIPTS FROM THE PROVISION OF HEALTH CARE SERVICES IN THE BORDER REGION.--Distributions from the tax administration suspense fund to the general fund of net receipts attributable to the gross receipts tax shall be adjusted for the full cost of credits issued pursuant to the Gross Receipts and Compensating Tax Act for receipts from the provision of health care services in the border region by a physician, physician assistant or registered nurse in advanced practice."

     Section 3. DELAYED REPEAL.--Sections 1 and 2 of this act are repealed effective July 1, 2015.

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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