FORTY-NINTH LEGISLATUREHB 55/a

FIRST SESSION, 2009

March 16, 2009

Madam President:

    Your FINANCE COMMITTEE, to whom has been referred

HOUSE BILL 55

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, line 14, after "IMPOSED", insert "; EXTENDING THE PERIOD FOR WHICH THE COUNTY HOSPITAL EMERGENCY GROSS RECEIPTS TAX MAY BE IMPOSED IN CERTAIN COUNTIES".

    2. On page 9, between lines 23 and 24, insert the following new section:

    "Section 2. Section 7-20E-12.1 NMSA 1978 (being Laws 1994, Chapter 14, Section 1, as amended) is amended to read:

    "7-20E-12.1. COUNTY HOSPITAL EMERGENCY GROSS RECEIPTS TAX--AUTHORITY TO IMPOSE--USE OF PROCEEDS.--

         A. A majority of the members of a governing body may enact an ordinance imposing an excise tax on a person engaging in business in the county for the privilege of engaging in business. The rate of the tax shall be one-fourth of one percent of the gross receipts of the person engaging in business. The tax shall be imposed for a period of not more than two years from the effective date of the ordinance imposing the tax. The tax may be imposed for an additional period not to exceed three years from the date of the ordinance imposing the tax for that period. On or after July 1, 1997:

             (1) in a county described in Paragraph (1) of Subsection D of this section, the tax may be imposed for the period necessary for payment of bonds or a loan for acquisition, equipping, remodeling or improvement of a county hospital facility, but the period shall not exceed [twenty] thirty years from the effective date of the ordinance imposing the tax for that period; and

             (2) in a county described in Paragraph (2) of Subsection D of this section, the tax may be imposed for the period necessary for payment of bonds or a loan for acquisition, equipping, remodeling or improvement of a county health facility, but the period shall not exceed twenty years from the effective date of the ordinance imposing the tax for that period.

         B. The tax imposed by this section may be referred to as the "county hospital emergency gross receipts tax".

         C. At the time of enacting the ordinance imposing the tax authorized in this section:

             (1) if the effective date of the tax is prior to July 1, 1997, the governing body shall dedicate the revenue for current operations and maintenance of a hospital owned by the county or a hospital with which the county has entered into a health care facilities contract; provided that a majority of the members of a governing body may enact an ordinance to change the purposes for which the revenue from a previously imposed tax is dedicated and to dedicate that revenue during the remainder of the tax imposition period to payment of bonds or a loan for acquisition, equipping, remodeling or improvement of a county hospital facility; and

             (2) if the effective date of the tax is on or after July 1, 1997:

                  (a) the governing body of a county described in Paragraph (1) of Subsection D of this section shall dedicate the revenue for the period of time the tax is imposed to payment of a bond or loan for acquisition, equipping, remodeling and improvement of a county hospital facility; and

                  (b) the governing body of a county described in Paragraph (2) of Subsection D of this section shall dedicate the revenue for the period of time the tax is imposed to payment of a bond or loan for acquisition, equipping, remodeling and improvement of a county health facility.

         D. As used in this section, "county" means:

             (1) a class B county with a population of less than ten thousand according to the 1990 federal decennial census and with a net taxable value for rate-setting purposes for the 1993 property tax year in excess of one hundred million dollars ($100,000,000); or

             (2) a class B county with a population of less than ten thousand according to the 1990 federal decennial census and with a net taxable value for rate-setting purposes for the 1997 property tax year of more than one hundred million dollars ($100,000,000) but less than one hundred twenty million dollars ($120,000,000)."".

    3. Renumber the succeeding section accordingly.

                               Respectfully submitted,

                               __________________________________

                               John Arthur Smith, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 10 For 0 Against

Yes:     10

No:      0

Excused: Adair

Absent:  None

HB0055FC1                                                  .178845.1