0001| HOUSE BILL 1255
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JERRY W. SANDEL
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO TAXATION; IMPOSING A TAX FOR THE PRIVILEGE OF
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0012| MANUFACTURING OR DISTRIBUTING GAMING MACHINES; PROVIDING FOR
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0013| THE ADMINISTRATION AND ENFORCEMENT OF THE TAX; CREATING A FUND;
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0014| MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. SHORT TITLE.--This act may be cited as the
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0018| "Gaming Impact Tax Act".
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0019| Section 2. DEFINITIONS.--As used in the Gaming Impact Tax
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0020| Act:
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0021| A. "department" means the taxation and revenue
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0022| department, the secretary of taxation and revenue or any
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0023| employee of the taxation and revenue department exercising
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0024| authority lawfully delegated to him by the secretary of
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0025| taxation and revenue;
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0001| B. "distributing" means supplying or selling gaming
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0002| machines in New Mexico;
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0003| C. "gaming machine" means a mechanical,
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0004| electromechanical or electronic contrivance or machine that
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0005| upon insertion of a coin, token or similar object, or upon
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0006| payment of any consideration, is available to play or operate a
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0007| game, whether the payoff is made automatically from the machine
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0008| or in any other manner;
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0009| D. "manufacturing" means assembling, producing,
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0010| programming, making or modifying a gaming machine; and
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0011| E. "person" means an individual or any legal
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0012| entity.
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0013| Section 3. GAMING IMPACT TAX IMPOSED--PAYMENT OF TAX.--
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0014| A. For the privilege of manufacturing or
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0015| distributing gaming machines, every person who manufactures or
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0016| distributes gaming machines for use in New Mexico shall pay a
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0017| fee of two thousand dollars ($2,000) for each gaming machine
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0018| manufactured or distributed for use in New Mexico on which the
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0019| fee has not been paid.
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0020| B. The fee imposed by this section shall be known
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0021| as the "gaming impact tax".
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0022| C. The gaming impact tax is imposed at the time
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0023| that:
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0024| (1) a manufacturer delivers a gaming machine
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0025| to another person for the purpose of sale or use by the person
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0001| to whom the gaming machine is delivered; or
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0002| (2) a distributor delivers a gaming machine to
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0003| another person for the purpose of use by the person to whom the
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0004| gaming machine is delivered.
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0005| E. The gaming impact tax shall be paid to the
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0006| department on the twenty-fifth day of the month following the
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0007| month in which the tax is imposed.
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0008| Section 4. GAMING IMPACT FUND CREATED--PURPOSE.--
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0009| A. The "gaming impact fund" is created in the state
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0010| treasury and shall consist of the net receipts from the gaming
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0011| impact tax imposed pursuant to the Gaming Impact Tax Act and
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0012| any other money distributed, transferred or otherwise accruing
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0013| to the fund. Earnings from investment of the fund shall be
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0014| credited to the fund, and balances at the end of any fiscal
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0015| year shall not revert to the general fund.
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0016| B. Money in the gaming impact fund is available for
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0017| appropriation annually by the legislature to address gaming
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0018| impacts and includes, but is not limited to, appropriation for
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0019| education, social and welfare services, infrastructure
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0020| development, transportation, law enforcement and public safety.
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0021| Section 5. GAMING IMPACT TAX--INTERPRETATION OF ACT--
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0022| ADMINISTRATION AND ENFORCEMENT OF ACT.--
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0023| A. The department shall interpret the provisions of
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0024| the Gaming Impact Tax Act.
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0025| B. The department shall administer and enforce the
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0001| collection of the gaming impact tax authorized by the Gaming
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0002| Impact Tax Act, and the Tax Administration Act applies to the
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0003| administration and enforcement of the tax.
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0004| Section 6. A new section of the Tax Administration Act is
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0005| enacted to read:
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0006| "[NEW MATERIAL] DISTRIBUTION--GAMING IMPACT TAX.--A
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0007| distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be
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0008| made to the gaming impact fund in an amount equal to the net
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0009| receipts attributable to the gaming impact tax imposed pursuant
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0010| to the Gaming Impact Tax Act."
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0011| Section 7. EFFECTIVE DATE.--The effective date of the
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0012| provisions of this act is July 1, 1997.
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