0001| HOUSE BILL 244
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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| LYNDA M. LOVEJOY
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0005|
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0006|
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0007|
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0008| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO TAXATION; PROVIDING A CREDIT AGAINST THE SEVERANCE
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0012| TAX ON COAL AND CERTAIN OTHER TAXES WITH RESPECT TO COAL
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0013| PRODUCTION; ENACTING A NEW SECTION OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. INTERGOVERNMENTAL COAL TAX CREDIT.--
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0017| A. With respect to products severed on or after
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0018| July 1, 1997 from a new mine on Indian tribal land, the person
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0019| who is liable for the payment of the severance tax on coal, the
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0020| surtax on coal, the oil and gas conservation tax and the coal
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0021| resource excise tax may claim a credit against the sum of the
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0022| severance tax on coal, the surtax on coal, the oil and gas
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0023| conservation tax and the coal resource excise tax for the
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0024| production month if a severance, ad valorem, possessory
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0025| interest or similar tax is imposed on coal by an Indian nation,
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0001| tribe or pueblo. The credit provided by this subsection may be
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0002| referred to as the "intergovernmental coal tax credit".
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0003| B. For the purposes of this section:
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0004| (1) "Indian tribal land" means all land that
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0005| on March 1, 1997 was:
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0006| (a) within the exterior boundaries of an
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0007| Indian reservation or pueblo grant, except land held in fee by
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0008| a person who is not a tribal member; or
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0009| (b) lands held in trust by the United
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0010| States for an Indian nation, tribe or pueblo;
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0011| (2) "new mine" means a mining operation that
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0012| receives its initial permit pursuant to the federal Surface
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0013| Mining Control and Reclamation Act of 1977 on or after July 1,
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0014| 1997 and that commences production on or after July 1, 1997;
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0015| (3) "person" means any individual, estate,
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0016| trust, receiver, business trust, corporation, firm,
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0017| copartnership, cooperative, joint venture, association, limited
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0018| liability company or other group or combination acting as a
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0019| unit;
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0020| (4) "production month" means the month for
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0021| which the severance tax on coal, the surtax on coal, the oil
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0022| and gas conservation tax and the coal resource excise tax are
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0023| being reported and paid; and
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0024| (5) "tribal member" means an individual whose
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0025| name properly appears on the official roll of an Indian nation,
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0001| tribe or pueblo.
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0002| C. The intergovernmental coal tax credit shall be
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0003| determined separately for each production month for each new
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0004| mine and shall be equal to seventy-five percent of the lesser
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0005| of:
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0006| (1) the aggregate amount of severance tax on
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0007| coal, surtax, ad valorem tax, possessory interest tax or
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0008| similar tax in effect on March 1, 1997 imposed by the Indian
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0009| nation, tribe or pueblo upon the coal severed from a new mine;
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0010| or
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0011| (2) the amount of severance tax on coal, the
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0012| surtax on coal, the oil and gas conservation tax and the coal
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0013| resource excise tax due for the production month with respect
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0014| to the coal severed from a new mine.
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0015| D. If, after March 1, 1997, an Indian nation, tribe
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0016| or pueblo increases any severance, privilege, ad valorem or
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0017| similar tax applicable to coal to which the tax credits
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0018| provided by this section apply, the amount of the
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0019| intergovernmental coal tax credit for any production month to
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0020| which the increase applies shall be reduced by the difference
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0021| between the aggregate amount of tax due to the Indian nation,
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0022| tribe or pueblo and the aggregate amount of tax that would have
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0023| been imposed by the terms of the tax or taxes in effect on
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0024| March 1, 1997.
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0025| E. Notwithstanding any other provision of law to
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0001| the contrary, the amount of credit taken and allowed shall be
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0002| applied proportionately against the amount of the severance tax
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0003| on coal, the surtax on coal, the oil and gas conservation tax
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0004| and the coal resource excise tax due with respect to the coal
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0005| to which the tax credit applies.
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0006| F. The taxation and revenue department shall
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0007| administer and interpret the provisions of this section in
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0008| accordance with the provisions of the Tax Administration Act.
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0009| G. The burden of showing entitlement to a credit
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0010| authorized by this section is on the taxpayer claiming it, and
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0011| the taxpayer shall furnish to the appropriate tax collecting
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0012| agency, in the manner determined by the taxation and revenue
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0013| department, proof of payment of any tribal tax on which the
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0014| credit is based.
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0015| Section 2. EFFECTIVE DATE.--The effective date of the
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0016| provisions of this act is July 1, 1997.
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0017|
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 3, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0006| been referred
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0007|
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0008| HOUSE BILL 244
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS, amended as follows:
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0012|
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0013| 1. On page 1, line 24, after "interest" insert ",
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0014| privilege".
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0015|
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0016| 2. On page 3, line 7, before "or" insert ", privilege tax".
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0017|
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0018| 3. On page 3, line 15, after "valorem" insert ", possessory
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0019| interest".
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0020|
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0021| 4. On page 4, between lines 12 and 13, insert the following
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0022| new subsection:
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0023|
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0024| "H. As used in this section, "coal resource excise
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0025| tax" means any tax imposed on coal pursuant to the Resources
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0001| Excise Tax Act.".,
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0002|
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0003| and thence referred to the APPROPRIATIONS AND FINANCE
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0004| COMMITTEE.
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0005|
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0006| Respectfully submitted,
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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|
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0012| Jerry W. Sandel, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 11 For 0 Against
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0022| Yes: 11
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0023| Excused: Gonzales, Lujan
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0024| Absent: None
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0025|
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0001|
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0002| .115980.1
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0003| G:\BILLTEXT\BILLW_97\H0244 State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 5, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0016| whom has been referred
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0017|
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0018| HOUSE BILL 244, as amended
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003|
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0004| Max Coll, Chairman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008|
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 12 For 0 Against
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0014| Yes: 12
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0015| Excused: Bird, Marquardt, Picraux, Salazar, Watchman
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0016| Absent: None
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0017|
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0018|
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0019| G:\BILLTEXT\BILLW_97\H0244
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 10, 1997
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0001|
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0002| Mr. President:
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0003|
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0004| Your WAYS AND MEANS COMMITTEE, to whom has been
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0005| referred
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0006|
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0007| HOUSE BILL 244, as amended
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO PASS, and thence referred to the
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0011| FINANCE COMMITTEE.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017|
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0018| __________________________________
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0019| Carlos R. Cisneros, Chairman
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0020|
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0021|
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0022|
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0023| Adopted_______________________ Not
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0024| Adopted_______________________
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002|
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0003| Date ________________________
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0004|
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0005|
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0006| The roll call vote was 8 For 0 Against
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0007| Yes: 8
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0008| No: 0
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0009| Excused: Duran
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0010| Absent: None
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0011|
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0012|
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0013| H0244WM1
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0014|
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