AN ACT
RELATING TO ELECTIONS; ENACTING THE
VOTER ACTION ACT; PROVIDING FOR VOLUNTARY PUBLIC CAMPAIGN FINANCING OF
ELECTIONS FOR COMMISSIONERS OF THE PUBLIC REGULATION COMMISSION; PRESCRIBING
PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. A new section of the Election Code is enacted
to read:
"SHORT TITLE.--Sections 1
through 17 of this act may be cited as the "Voter Action Act"."
Section 2. A new section of the Election Code is enacted
to read:
"DEFINITIONS.--As used in
the Voter Action Act:
A. "applicant candidate" means a
candidate who is running for a covered office and who is seeking to be a
certified candidate in a primary or general election;
B. "certified candidate" means a
candidate running for a covered office who chooses to obtain financing pursuant
to the Voter Action Act and is certified as a Voter Action Act candidate;
C. "contested election" means an
election in which there are more candidates for a position than the number to
be elected to that position;
D. "covered office" means the office
of public regulation commissioner;
E. "election cycle" means the primary
and general elections for the same term of the same covered office, beginning
on the day after the last general election for the office and ending with the
general election; the primary election cycle begins on the first day of the
election cycle and ends on the day of the primary election; the general
election begins on the day after the primary election and ends on the day of
the general election;
F. "fund" means the public election
fund;
G. "noncertified candidate" means
either a candidate running for a covered office who does not choose to
participate in the Voter Action Act and who is not seeking to be a certified
candidate or a candidate who declares his intent to participate but who fails
to qualify;
H. "qualifying contribution" means a
donation of five dollars ($5.00) in the form of cash or a check or money order
payable to the fund in support of an applicant candidate that is:
(1) made by a registered voter who is eligible to
vote for the covered office that the applicant candidate is seeking;
(2) made during the designated qualifying period
and obtained through efforts made with the knowledge and approval of the
applicant candidate; and
(3) acknowledged by a receipt that identifies the
contributor's name and residential address on forms provided by the bureau of
elections and that is signed by the contributor, one copy of which is attached
to the list of contributors and sent to the bureau of elections;
I. "qualifying period" means:
(1) for major party applicant candidates for
public regulation commissioner, the period beginning October 1 immediately
preceding the election year and ending at 5:00 p.m. on the third Tuesday of
March of the election year; and
(2) for independent and minor party candidates,
the period beginning February 1 of the election year and ending that year at
5:00 p.m. on the filing date for independent or minor party candidates for the
office for which the candidate is running;
J. "secretary" means the secretary of
state or the office of the secretary of state;
K. "seed money" means a contribution
raised for the primary purpose of enabling applicant candidates to collect
qualifying contributions and petition signatures; and
L. "total vote" means the total number
of votes cast in the last general election for all candidates for governor in
the district in which the candidate is running."
Section 3. A new section of the Election Code is enacted
to read:
"TERMS
OF PARTICIPATION--DECLARATION OF INTENT.--
A. A candidate choosing to obtain financing
pursuant to the Voter Action Act shall first file with the secretary a
declaration of intent to participate in that act as an applicant candidate for
a stated covered office. The declaration
of intent shall be filed with the secretary prior to or during the qualifying
period according to forms and procedures developed by the secretary.
B. An applicant candidate choosing to
participate in the Voter Action Act shall submit a declaration of intent prior
to collecting any qualifying contributions and make explicit in the declaration
that the candidate has complied with and will continue to comply with that
act's contribution and expenditure limits and all other requirements set forth
in that act and rules issued by the secretary.
C. A candidate shall not be eligible to become
an applicant candidate if the candidate has accepted contributions totaling
five hundred dollars ($500) or more or made expenditures totaling five hundred
dollars ($500) or more between the beginning of the qualifying period and
filing a declaration of intent."
Section 4. A new section of the Election Code is enacted
to read:
"QUALIFYING
CONTRIBUTIONS.--Applicant candidates shall obtain qualifying contributions as
follows:
A. the applicant candidate shall obtain
qualifying contributions from that number of registered voters that is equal to
at least one quarter percent of the total vote;
B. applicant candidates may accept qualifying
contributions from persons who become registered within the statutory time
frame that would enable that person to vote in the primary election;
C. voters registered as independent are not
excluded from making qualifying contributions but shall be registered within
the statutory time frame as independent; and
D. no payment, gift or anything of value shall
be given in exchange for a qualifying contribution."
Section 5. A new section of the Election Code is enacted
to read:
"SEED MONEY.--
A. An applicant candidate may collect seed money
from individual donors and political action committees in amounts of no more
than one hundred dollars ($100) per donor or committee. An applicant candidate may contribute an amount
of seed money from his own funds up to the limits specified in Subsection H of
this section.
B. An applicant candidate may collect and spend
seed money during the sixty days immediately preceding the qualifying period
and throughout the qualifying period.
C. An applicant candidate may not collect seed
money from a corporation, association or partnership formed under state law or
from labor organizations.
D. An applicant candidate may not collect or
spend seed money for any purpose after certification and before the end of the
election cycle for which the candidate was certified, but after the election
cycle may carry forward to the next election cycle any unspent seed money to be
used as seed money.
E. If a certified candidate is defeated or is
elected and decides not to run again as an applicant candidate, any unspent
seed money shall be forfeited to the fund.
F. After becoming an applicant candidate and
prior to certification, an applicant candidate shall not accept contributions,
except for seed money or qualifying contributions.
G. An incumbent elected prior to 2006 who was
not an applicant candidate when elected but declares his intent to become an
applicant candidate in accordance with the Voter Action Act may transfer from
his campaign fund for use as seed money up to the limits for contributions and
expenditures specified in Subsection H of this section.
H. An applicant candidate shall limit seed money
contributions and expenditures to five thousand dollars ($5,000)."
Section 6. A new section of the Election Code is enacted
to read:
"CERTIFICATION.--
A. Upon receipt of a final submittal of
qualifying contributions by an applicant candidate, the secretary shall
determine whether the applicant candidate has:
(1) signed and filed a declaration of intent to
obtain financing pursuant to the Voter Action Act in accordance with the
requirements of that act;
(2) submitted the appropriate number of
qualifying contributions;
(3) qualified as a candidate pursuant to other
applicable state election law;
(4) complied with seed money contribution and
expenditure restrictions; and
(5) otherwise met the requirements for obtaining
financing pursuant to the Voter Action Act.
B. The secretary shall certify applicant
candidates complying with the requirements of this section as certified
candidates as soon as possible and no later than ten days after final submittal
of qualifying contributions and certification as a candidate pursuant to other
applicable state election law.
C. A certified candidate shall comply with all
requirements of the Voter Action Act after certification and throughout the
primary election and general election cycles.
A certified candidate who accepts public campaign finance funds for the
primary election shall comply with all the requirements of the Voter Action Act
for the remainder of the election cycle in question, even if he decides not to
accept such funds for the general election."
Section 7. A new section of the Election Code is enacted
to read:
"GUIDELINES AND
RESTRICTIONS FOR CONTRIBUTIONS TO AND EXPENDITURES OF CERTIFIED CANDIDATES.--
A. All money distributed to a certified
candidate shall be used for that candidate's campaign-related purposes in the
election cycle in which the money was distributed.
B. A certified candidate shall return to the
fund any amount that is unspent or unencumbered at the time that person ceases
to be a candidate before a primary or general election for which the fund money
was distributed.
C. A certified candidate shall limit total
campaign expenditures and debts to the amount of money distributed to that
candidate from the fund. A certified
candidate shall not accept contributions or loans from any other source except
his political party, as specified in Section 8 of the Voter Action Act.
D. A certified candidate shall return to the
secretary, within two weeks after the primary election, any amount that is
unspent or unencumbered by the date of the primary election for direct deposit
into the fund.
E. A certified candidate shall return to the
secretary, within two weeks after the general election, any amount that is
unspent or unencumbered by the date of the general election for direct deposit
into the fund."
Section 8. A new section of the Election Code is enacted
to read:
"POLITICAL PARTY
EXPENDITURES--CONTRIBUTIONS TO CERTIFIED CANDIDATES.--
A. A certified candidate may accept monetary or
in-kind contributions from a political party; provided that the aggregate
amount of such contributions from all political party committees combined does
not exceed the equivalent of ten percent of the value of that candidate's
aggregate public financing per election cycle.
B. All in-kind contributions from a political
party distributed to certified candidates shall be used for campaign-related
purposes.
C. Nothing in this section shall prevent
political party funds from being used for general operating expenses of the
party; conventions; nominating and endorsing candidates; identifying,
researching and developing the party's position on issues; party platform
activities; noncandidate-specific voter registration; noncandidate-specific
get-out-the-vote drives; travel expenses for noncandidate party leaders and
staff; and other noncandidate-specific party building activities."
Section 9. A new section of the Election Code is enacted
to read:
"CANDIDATE REPORTING
REQUIREMENTS.--
A.
The secretary shall publish guidelines outlining permissible
campaign-related expenditures.
B. Applicant candidates shall file a report
listing seed money contributions and expenditures with their application for
certification.
C. Applicant candidates shall file qualifying
contributions with the secretary during the qualifying period according to
procedures developed by the secretary.
In developing these procedures, the secretary shall use existing
campaign reporting procedures and deadlines whenever practical.
D. Certified candidates shall report
expenditures according to the campaign reporting requirements specified in the
Election Code.
E. In addition to the campaign contribution and
expenditure reports specified in the Election Code, all noncertified candidates
who have as an opponent a certified candidate shall report to the secretary ten
days before the primary and general elections the amount of money spent by that
noncertified candidate. This report
shall include all previously unreported transactions through 5:00 p.m. two days
before the report is due.
F. A person or political committee that makes
expenditures to influence a race involving a certified candidate shall report
to the secretary the amount that person or political committee has spent. These reports shall include all previously
unreported transactions through 5:00 p.m. two days before the report is
due, and shall be submitted as follows:
(1) for the primary election, by 5:00 p.m. on the
second Monday in May, by 5:00 p.m. on the eleventh day before the election and
by 5:00 p.m. on the Thursday before the election; and
(2) for the general election, by 5:00 p.m. the
first Tuesday in October, by 5:00 p.m. on the eleventh day before the election
and by 5:00 p.m. on the Thursday before the election."
Section 10. A new section of the Election Code is enacted
to read:
"PUBLIC ELECTION
FUND--CREATION--USE.--
A. There is created in the state treasury the
"public election fund" solely for the purposes of:
(1) financing the election campaigns of certified
candidates for covered offices;
(2) paying administrative and enforcement costs
of the Voter Action Act; and
(3) carrying out all other specified provisions
of the Voter Action Act.
B. The state treasurer shall invest the funds as
other state funds are invested, and all income derived from the fund shall be
credited directly to the fund. Remaining
balances at the end of a fiscal year shall remain in the election fund and not
revert to the general fund.
C. Money received from the following sources
shall be deposited directly into the fund:
(1) qualifying contributions that have been
submitted to the secretary;
(2) any recurring balance of unspent fund money
distributed to a certified candidate who does not remain a candidate through
the primary or general election period for which the money was distributed;
(3) money that remains unspent or unencumbered by
a certified candidate following the date of the primary election;
(4) money that remains unspent or unencumbered by
a certified candidate following the date of the general election;
(5) unspent seed money that cannot be used for
any other purpose; and
(6) money appropriated by the legislature.
D. The fund shall be funded at three hundred
thousand dollars ($300,000) per year segregated from proceeds collected as
follows:
(1) one hundred thousand dollars ($100,000) from
inspection and supervision fees collected pursuant to Section 62-8-8 NMSA 1978;
(2) one hundred thousand dollars ($100,000) from
utility and carrier inspection fees collected pursuant to Section 63-7-20 NMSA
1978; and
(3) one hundred thousand dollars ($100,000) from
the insurance premium tax collected pursuant to Section 59A-6-2 NMSA
1978."
Section 11. A new section of the Election Code is enacted
to read:
"DETERMINATION OF FUND
AMOUNT.--
A. By January 1, 2007, and every two years
thereafter, the secretary shall prepare and provide to the legislature a report
documenting, evaluating and making recommendations relating to the
administration, implementation and enforcement of the Voter Action Act.
B. In the report, the secretary shall set out
the revenues received to date, the expected costs to the fund for the next
election cycle and the amount of the annual appropriation from the legislature
that will be required to meet this need."
Section 12. A new section of the Election Code is enacted
to read:
"TIMING OF FUND
DISTRIBUTION.--
A. Beginning with the election cycle that ends
with the general election in 2006, the secretary shall distribute money from
the fund to certified candidates.
B. For a primary election certified candidate,
the secretary shall distribute the amount due to that certified candidate for
that covered office within one week of certification.
C. For a candidate certified for the general
election, the secretary shall distribute the amount due to that certified
candidate for that covered office within one week after the primary election
or, for a minor party or independent candidate, within one week after
certification of the candidate."
Section 13. A new section of the Election Code is enacted
to read:
"AMOUNT OF FUND
DISTRIBUTION.--
A. By April 1, 2005, the secretary shall
determine the amount of money to be distributed to each certified candidate for
the election cycle ending with the general election in 2006, based on the type
of election and the provisions of Subsections B through E of this section.
B. For contested primary elections, the amount
of money to be distributed is equal to the average amount of campaign
expenditures made by all candidates receiving ten percent or greater of votes
cast in all contested primary election races for the immediately preceding four
primary elections for public regulation commissioner.
C. For uncontested primary elections, the amount
of money to be distributed is equal to fifty percent of the average amount of
campaign expenditures made by all candidates during all uncontested primary
election races, or for contested races if the amount is lower, for the
immediately preceding four primary elections for public regulation
commissioner.
D. For contested general elections, the amount
of money to be distributed is equal to the average amount of campaign
expenditures made by all candidates receiving thirty percent or greater of
votes cast in all contested general election races for the immediately
preceding four general elections for public regulation commissioner.
E. For uncontested general elections, the amount
of money to be distributed is equal to fifty percent of the average amount of
campaign expenditures made by all candidates receiving thirty percent or
greater of votes cast in all uncontested general election races for the
immediately preceding four general elections for public regulation
commissioner. If a general election race
that is initially uncontested later becomes contested because of the
qualification of an independent or minor party candidate to appear on the
ballot for that race, an additional amount of money will be distributed to the
certified candidate to make that candidate's total distribution amount equal to
the amount distributed pursuant to Subsection D of this section.
F. Once the certification for candidates for the
primary election has been completed, the secretary shall calculate the total
amount of money to be distributed in the primary election cycle, based on the
number of certified candidates and the allocations specified in this
section. The secretary shall increase
the total amount by twenty percent to provide funds for additional matching
funds in the primary election. The
secretary shall also prepare an estimate of the total amount of money that
might be distributed in the general election cycle. This estimate shall be increased by twenty
percent to provide funds for additional matching funds in the general
election. If the total amount to be
distributed in the primary election cycle, plus the added twenty percent and
the estimated total amount to be distributed in the general election cycle,
plus the added twenty percent, all taken together, exceed the amount expected
to be available in the fund, the secretary shall allocate the amount available
between the primary and general election cycles. This allocation shall be based on the ratio
of the two total amounts.
G. If the allocation specified in Subsection F
of this section is greater than the total amount available for distribution,
then the amounts to be distributed to individual candidates, specified in
Subsections B through E of this section, shall each be reduced by the same
percentage as the reduction by which the total amount needed has been reduced
relative to the total amount available.
H. If the immediately preceding four election
cycles do not contain sufficient data for the secretary to determine the amount
to be distributed for an office, the secretary shall use data from the most
recent applicable elections for that office.
If no applicable elections for that office contain sufficient data, the
secretary shall set an amount based on data from elections for comparable
offices.
I. At least every two years after January 1,
2007, the secretary shall evaluate and modify as necessary the dollar values
originally determined by Subsections B through E or H of this section and shall
consider and account for inflation in the evaluations."
Section 14. A new section of the Election Code is enacted
to read:
"MATCHING FUNDS.--When a
noncertified candidate has one or more opponents who are certified candidates
and his campaign finance report or group of reports shows that the sum of the
noncertified candidate's expenditures and obligations made, or funds raised or
borrowed, whichever is greater, alone or in conjunction with expenditures made
independently of the candidate to influence the election on behalf of the
candidate, exceeds the amount distributed to the certified candidate, the
secretary shall issue immediately to any opposing certified candidate an
additional amount equivalent to the excess amount reported by the
non-participating opposing candidate.
Total matching funds to a certified candidate in an election are limited
to twice the amount originally distributed to that candidate pursuant to
Section 13 of the Voter Action Act."
Section 15. A new section of the Election Code is
enacted to read:
"ADMINISTRATION--SECRETARY
OF STATE--DUTIES.--
A. The secretary shall adopt rules to ensure
effective administration of the Voter Action Act.
B. The rules shall include procedures for:
(1) qualifications, certification and
disbursement of revenues and return of unspent fund revenues;
(2) obtaining qualifying contributions;
(3) certification of candidates;
(4) collection of revenues; and
(5) return of fund disbursements and other money
to the fund."
Section 16. A new section of the Election Code is
enacted to read:
"APPEALS.--The procedure
for challenging a certification decision by the secretary is as follows:
A. a person aggrieved by a certification
decision or a decision regarding the distribution of matching funds may appeal
to the secretary within three days of the decision. The appeal shall be in writing and shall set
forth the reasons for appeal;
B. within five days after an appeal is properly
made, and after due notice is given to the parties in dispute, the secretary
shall hold a hearing whereby:
(1) the appellant has the burden of providing
evidence to demonstrate that the secretary's decision was improper; and
(2) the secretary shall rule on the appeal within
three days after the completion of the hearing;
C. the parties in dispute may appeal the
decision of the secretary by commencing an action in district court; and
D. certified candidates whose certification is
revoked on appeal shall return to the secretary any unspent money distributed
from the fund. If the secretary or court
finds that an appeal was made frivolously or to result in delay or hardship,
the secretary or court may sanction the moving party by requiring the party to
pay costs of the administrative hearing, the court hearing and the opposing
parties."
Section 17. A new section of the Election Code is enacted
to read:
"PENALTIES.--
A. In addition to other penalties that may be
applicable, a person who violates a provision of the Voter Action Act is
subject to a civil penalty of up to ten thousand dollars ($10,000) per
violation. In addition to a fine, a
certified candidate found in violation of that act may be required to return to
the fund all amounts distributed to the candidate from the fund. If the secretary makes a determination that a
violation of that act has occurred, the secretary shall impose a fine or
transmit the finding to the attorney general for prosecution. In determining whether a certified candidate
is in violation of the expenditure limits of that act, the secretary may
consider as a mitigating factor any circumstances out of the candidate's
control.
B. A person who willfully or knowingly violates
the provisions of the Voter Action Act or rules of the secretary or knowingly
makes a false statement in a report required by that act is guilty of a fourth
degree felony and, if he is a certified candidate, shall return to the fund all
money distributed to that candidate."
Section 18. Section 59A-6-2 NMSA 1978 (being Laws 1984,
Chapter 127, Section 102, as amended) is amended to read:
"59A-6-2. PREMIUM TAX.--
A. The premium tax provided for in this section
shall apply as to the following taxpayers:
(1) each insurer authorized to transact insurance
in New Mexico;
(2) each insurer formerly authorized to transact
insurance in New Mexico and receiving premiums on policies remaining in force
in New Mexico, except that this provision shall not apply as to an insurer that
withdrew from New Mexico prior to March 26, 1955;
(3) each plan operating under provisions of
Chapter 59A, Articles 46 through 49 NMSA 1978;
(4) each property bondsman, as that person is
defined in Section 59A-51-2 NMSA 1978, as to any consideration received as
security or surety for a bail bond in connection with a judicial proceeding,
which consideration shall be considered "gross premiums" for the
purposes of this section; and
(5) each unauthorized insurer that has assumed a
contract or policy of insurance directly or indirectly from an authorized or
formerly authorized insurer and is receiving premiums on such policies
remaining in force in New Mexico, except that this provision shall not apply if
a ceding insurer continues to pay the tax provided in this section as to such
policy or contract.
B. Each such taxpayer shall pay in accordance
with this subsection three and three-thousandths percent of the gross premiums
and membership and policy fees received by it on insurance or contracts
covering risks within this state during the preceding calendar year, less all
return premiums, including dividends paid or credited to policyholders or
contract holders and premiums received for reinsurance on New Mexico
risks. For each calendar quarter, an
estimated payment shall be made on April 15, July 15, October 15 and the
following January 15. The estimated
payments shall be equal to at least one-fourth of either the payment made
during the previous calendar year or eighty percent of the actual payment due
for the current calendar year, whichever is greater. The final adjustment for payments due for the
prior year shall be made with the return which shall be filed on April 15 of
each year, at which time all taxes for that year are due. Dividends paid or credited to policyholders
or contract holders and refunds, savings, savings coupons and similar returns
or credits applied or credited to payment of premiums for existing, new or
additional insurance shall, in the amount so used, constitute premiums subject
to tax under this section for the year in which so applied or credited. Provided that as to every insurer which
throughout such preceding calendar year had at least forty percent of its
admitted assets invested in New Mexico investments, as the same are defined in
Subsection C of this section, the rate of such tax shall be nine-tenths of one
percent in lieu of three percent; provided further that, effective January 1,
1992, the rate shall be one and four-tenths percent; effective July 1, 1992,
the rate shall be one and nine-tenths percent; effective January 1, 1993, the
rate shall be two and four-tenths percent; and effective July 1, 1993 and
thereafter, the rate shall be three and three-thousandths percent.
C. New Mexico investments for the purpose of
Subsection B of this section are defined as follows:
(1) real estate located within New Mexico;
(2) bonds or obligations of New Mexico or of any
county or other subdivision thereof;
(3) bonds, debentures or secured obligations of
any corporation that has fifty percent of its assets located within New Mexico;
(4) first mortgages secured by real estate
located within New Mexico;
(5) deposits in state banks, national banks and
trust companies having their principal place of business within New Mexico;
(6) policy loans to residents of New Mexico; and
(7) preferred and common stock of corporations
having at least fifty percent of their assets located within New Mexico.
D. Nothing contained in Subsection C of this
section shall be construed to affect any provision of Chapter 59A, Article 9
NMSA 1978.
E. Exempted from the tax imposed by Subsection B
of this section are premiums attributable to insurance or contracts purchased
by the state or any political subdivision and payments received by a health
maintenance organization from the federal secretary of health and human
services pursuant to a contract issued under the provisions of 42 U.S.C.
Section 1395 mm(g)."
Section 19. Section 59A-6-5 NMSA 1978 (being Laws 1984,
Chapter 127, Section 105, as amended) is amended to read:
"59A-6-5. DISTRIBUTION OF INSURANCE DEPARTMENT
COLLECTIONS.--
A. All money received by the insurance
department for fees, licenses, penalties and taxes shall be paid daily by the
superintendent to the state treasurer and by him credited to the
"insurance department suspense fund" except as provided by:
(1) the Law Enforcement Protection Fund Act;
(2) Section 59A-6-1.1 NMSA 1978; and
(3) the Voter Action Act.
B. The superintendent may authorize refund of
money erroneously paid as fees, licenses, penalties or taxes from the insurance
department suspense fund under request for refund made within three years after
the erroneous payment.
C. At the end of every month, the treasurer
shall transfer to the "fire protection fund" the balance remaining in
the insurance department suspense fund after applicable refunds made pursuant
to Subsection B of this section, and derived from property and vehicle insurance
business, and transfer to the general fund the balance remaining in the
insurance department suspense fund derived from all other kinds of insurance
business."
Section 20. Section 63-7-20 NMSA 1978 (being Laws 1951,
Chapter 194, Section 1, as amended) is amended to read:
"63-7-20. UTILITY AND CARRIER INSPECTION--FEE.--Each
utility and carrier doing business in this state which is subject to the
control and jurisdiction of the commission by virtue of the provisions of
Article 11 of the constitution of New Mexico with respect to its rates and
service shall pay annually to the commission a fee in performance of its duties
as now provided by law. The fee for
carriers shall not exceed two hundred fifty-six thousandths percent of its gross
receipts from business transacted in New Mexico for the preceding calendar
year. The fee for utilities shall not
exceed five hundred eleven thousandths percent of its gross receipts from
business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or
before January 20 or in equal quarterly installments on or before January 20,
April 20, July 20 and October 20 in each year.
No similar fee shall be imposed upon the utility or carrier. In the case of utilities or carriers engaged
in interstate business, the fees shall be measured by the gross receipts of the
utilities or carriers from intrastate business only for the preceding calendar
year and not in any respect upon receipts derived wholly or in part from
interstate business. As used in this
section, "utility" includes telephone companies and transmission
companies."
Section 21. Section 62-8-8 NMSA 1978 (being Laws 1967,
Chapter 96, Section 6, as amended) is amended to read:
"62-8-8. INSPECTION AND SUPERVISION FEE.--Each utility
doing business in this state and subject to the control and jurisdiction of the
commission with respect to its rates or service regulations shall pay annually
to the state a fee for the inspection and supervision of such business in an
amount equal to five hundred six thousandths percent of its gross receipts from
business transacted in New Mexico for the preceding calendar year. That sum shall be payable on or before the
last day of February in each year. An
inspection and supervision fee shall be paid by utilities in addition to all
property, franchise, license, intangible and other taxes, fees and charges
provided by law. No similar inspection
and supervision fee shall be measured by the amount of the gross receipts of
such utility for the calendar year next preceding the date fixed in this
section for the payment of the fee. In
the case of utilities engaged in interstate business, the inspection and
supervision fee shall be measured by the gross receipts of those utilities from
intrastate business only for that preceding calendar year and not in any
respect upon receipts derived wholly or in part from interstate business. No inspection and supervision fee shall be
charged on the gross receipts from the sale of gas, water or electricity to a
utility regulated by the commission for resale to the public."
Section 22. SEVERABILITY.--If any part of or application
of the Voter Action Act is held invalid, the remainder of its provisions or its
application to other situations or persons shall not be affected.
Section 23. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB
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