0001| . HOUSE BILL 275
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| ROBERT A. PERLS
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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|
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0011| AN ACT
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0012| RELATING TO TAXATION; AUTHORIZING IMPOSITION OF A MUNICIPAL
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0013| TOBACCO PRODUCTS TAX FOR THE PURPOSE OF RAISING REVENUES FOR
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0014| PUBLIC SCHOOL CONSTRUCTION; ENACTING THE MUNICIPAL TOBACCO
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0015| PRODUCTS TAX ACT.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section l. SHORT TITLE.--This act may be cited as the
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0019| "Municipal Tobacco Products Tax Act".
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0020| Section 2. DEFINITIONS.--As used in the Municipal Tobacco
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0021| Products Tax Act:
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0022| A. "cigarette" means any roll of tobacco or any
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0023| substitute therefor wrapped in paper or any substance other than
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0024| tobacco;
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0025| B. "engaging in business" means carrying on or
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0001| causing to be carried on any activity with the purpose of direct
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0002| or indirect benefit;
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0003| C. "governing body" means the city council or city
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0004| commission of a city, the board of trustees of a town or village
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0005| or the board of county commissioners of an H class county;
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0006| D. "municipality" means any incorporated city, town
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0007| or village and H class county;
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0008| E. "person" means any individual or other legal
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0009| entity;
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0010| F. "price" means the total amount of money or the
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0011| reasonable value or other consideration or both paid to a
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0012| retailer for tobacco products;
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0013| G. "retailer" means any person engaging in business
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0014| who sells, offers for sale or possesses for the purpose of
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0015| selling cigarettes at retail; and
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0016| H. "tobacco product" means any product, including
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0017| cigarettes, made from or containing tobacco.
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0018| Section 3. IMPOSITION OF MUNICIPAL TOBACCO PRODUCTS
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0019| TAX--RATE--ELECTION REQUIRED.--
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0020| A. The majority of the members of the governing body
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0021| of a municipality may enact an ordinance imposing an excise tax
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0022| on the sale of tobacco products by a retailer within the
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0023| boundaries of the municipality at a rate not to exceed thirty
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0024| percent of the price paid for the tobacco products upon which
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0025| the tax imposed by this subsection has not been paid. The tax
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0001| may be imposed in increments of one percent.
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0002| B. The tax imposed by this section may be referred
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0003| to as the "municipal tobacco products tax" and is in addition to
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0004| the cigarette tax imposed pursuant to the Cigarette Tax Act and
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0005| the tobacco products tax imposed pursuant to the Tobacco
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0006| Products Tax Act.
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0007| C. The ordinance imposing the municipal tobacco
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0008| products tax or any increment of the tax shall not go into
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0009| effect until after the governing body submits the question of
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0010| imposing the tax to the voters in the municipality and a
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0011| majority of the voters voting on the question votes in favor of
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0012| imposing the municipal tobacco products tax.
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0013| D. The governing body shall hold the election on the
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0014| question of imposing the municipal tobacco products tax within
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0015| sixty days after the adoption of the ordinance. The question
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0016| may be submitted to the voters at any regular or special
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0017| election or at any special election called for that purpose by
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0018| the governing body. Any special election shall be called,
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0019| conducted and canvassed as provided for special municipal
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0020| elections in the Municipal Election Code. If a majority of
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0021| voters voting on the question votes in favor of adoption of the
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0022| ordinance, the municipal tobacco products tax or increment of
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0023| the tax shall be imposed. If the question of imposing a
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0024| municipal tobacco products tax fails, the governing body shall
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0025| not again adopt an ordinance imposing a municipal tobacco
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0001| products tax or increment of the tax for a period of one year
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0002| after the election.
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0003| E. Upon approval by the voters of the municipality
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0004| of imposition of a municipal tobacco products tax, the governing
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0005| body shall submit a certified copy of the ordinance to the
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0006| taxation and revenue department.
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0007| Section 4. REGISTRATION REQUIRED.--Every retailer engaging
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0008| in business within the boundaries of a municipality that imposes
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0009| a municipal tobacco products tax shall register with the
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0010| municipality as a retailer.
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0011| Section 5. COLLECTION OF MUNICIPAL TOBACCO PRODUCTS
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0012| TAX--DATE TAX DUE.--
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0013| A. The municipality shall collect the municipal
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0014| tobacco products tax imposed by the Municipal Tobacco Products
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0015| Tax Act.
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0016| B. Every retailer subject to the municipal tobacco
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0017| products tax shall file a tax return on forms provided by and
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0018| with such information as may be required by the municipality.
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0019| The municipal tobacco products tax shall be due on or before the
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0020| twenty-fifth day of the month following the month in which the
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0021| tobacco products are sold at retail within the boundaries of the
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0022| municipality.
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0023| Section 6. USE OF MUNICIPAL TOBACCO PRODUCTS TAX--DISTRIBUTION TO SCHOOL DISTRICTS.--
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0024| A. The net receipts from the municipal tobacco
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0025| products tax shall be used for the design, construction,
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0001| remodeling, renovation, equipping or furnishing of public
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0002| schools. To carry out this purpose, the municipality shall
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0003| distribute the net receipts from the tax at least quarterly to
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0004| the school district within the boundaries of the municipality or
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0005| in equal amounts to the school districts, if there are more than
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0006| one, within the municipality.
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0007| B. The municipality may retain an amount not to
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0008| exceed five percent of the proceeds from the municipal tobacco
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0009| products tax as an administrative fee.
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0010| C. The local school board of each school district
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0011| receiving municipal tobacco products tax proceeds shall report
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0012| annually to the governing body of the municipality on the public
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0013| school projects funded with the proceeds.
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0014| Section 7. ENFORCEMENT OF MUNICIPAL TOBACCO PRODUCTS
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0015| TAX.--To enforce the provisions of the Municipal Tobacco
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0016| Products Tax Act and prevent evasion of the municipal tobacco
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0017| products tax, the municipality shall require that all tobacco
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0018| products sold by any retailer within the boundaries of the
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0019| municipality bear a municipal stamp. Each person who sells
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0020| tobacco products to a retailer for resale within the boundaries
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0021| of the municipality shall affix a municipal stamp to each
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0022| package or container of tobacco products sold to the retailer
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0023| for resale and report to the governing body of the municipality
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0024| the quantities of municipal-stamped tobacco products sold to
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0025| each retailer for resale in the municipality.
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0001| Section 8. EXEMPTION.--
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0002| A. Exempted from the municipal tobacco products tax
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0003| are sales of tobacco products:
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0004| (l) to the United States or any agency or
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0005| instrumentality thereof or the state of New Mexico or any
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0006| political subdivision thereof;
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0007| (2) to the governing body or to any enrolled
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0008| tribal member licensed by the governing body of any Indian
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0009| nation, tribe or pueblo for use or sale on that reservation or
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0010| pueblo grant; and
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0011| (3) sales that the state is prohibited from
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0012| taxing by a provision of the United States constitution or the
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0013| constitution of New Mexico.
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0014| B. As used in this section, "agency or
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0015| instrumentality" does not include persons who are agents or
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0016| instrumentalities of the United States for a particular purpose
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0017| or only when acting in a particular capacity or corporate
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0018| agencies or instrumentalities.
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0019| Section 9. PENALTIES.--
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0020| A. The governing body of a municipality imposing a
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0021| municipal tobacco products tax may provide by ordinance for
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0022| penalties not exceeding ninety days in jail or a fine of three
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0023| hundred dollars ($300) for failure to pay the municipal tobacco
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0024| products tax due, to remit the proceeds of the tax to the
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0025| municipality or to account for the tobacco products subject to
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0001| the tax and the tax proceeds as required by the municipality.
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0002| B. The governing body of the municipality may
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0003| provide by ordinance that a retailer is liable for the payment
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0004| of the proceeds of the municipal tobacco products tax that the
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0005| retailer failed to remit to the municipality and may provide for
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0006| a civil penalty for any such failure in an amount not exceeding
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0007| ten percent of the tax due but not remitted to the municipality
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0008| but in an amount not less than one hundred dollars ($l00).
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0009| C. The municipality may bring an action in district
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0010| court for the collection of any amount due, including without
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0011| limitation penalties on that amount, interest on the unpaid
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0012| balance at a rate not exceeding one percent a month, the costs
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0013| of collection and reasonable attorneys' fees incurred in
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0014| connection with the action.
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| February 7, 1996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0003| whom has been referred
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0004|
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0005| HOUSE BILL 275
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO NOT PASS, and thence referred to
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0009| the BUSINESS AND INDUSTRY COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| Lynda M. Lovejoy, Chairwoman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 6 For 2 Against
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0001| Yes: 6
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0002| No: Pederson, Perls
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0003| Excused: Macko, Roberts, Wallace
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0004| Absent: None
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0007|
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0008|
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0009| H0275GU1
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