0001|                            SENATE BILL 95
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          JOHN ARTHUR SMITH
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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; AMENDING SECTION 7-9-53 NMSA 1978 (BEING
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0012|     LAWS 1969, CHAPTER 144, SECTION 43, AS AMENDED) TO CLARIFY THE
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0013|     DEDUCTION PERTAINING TO RENTAL OF MANUFACTURED HOMES TO
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0014|     INCLUDE CERTAIN RENTALS OF RECREATIONAL VEHICLES OR SPACE FOR
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0015|     RECREATIONAL VEHICLES; DECLARING AN EMERGENCY.
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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 1.  Section 7-9-53 NMSA 1978 (being Laws 1969,
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0019|     Chapter 144, Section 43, as amended) is amended to read:
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0020|          "7-9-53.  DEDUCTION--GROSS RECEIPTS TAX--SALE OR LEASE OF
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0021|     REAL PROPERTY AND LEASE OF MANUFACTURED HOMES.--
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0022|               A.  Receipts from the sale or lease of real
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0023|     property and from the lease of a manufactured home as provided
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0024|     in Subsection B of this section, other than receipts from the
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0025|     sale or lease of oil, natural gas or mineral interests
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0001|     exempted by Section 7-9-32 NMSA 1978, may be deducted from
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0002|     gross receipts.  However, that portion of the receipts from
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0003|     the sale of real property <s>[which]</s> <u>that</u> is attributable to
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0004|     improvements constructed on the real property by the seller in
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0005|     the ordinary course of his construction business may not be
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0006|     deducted from gross receipts.
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0007|               B.  Receipts from the rental of a manufactured home
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0008|     <u>or recreational vehicle</u> for a period of at least one month
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0009|     may be deducted from gross receipts. Receipts received by
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0010|     hotels, motels, rooming houses, campgrounds, guest ranches,
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0011|     trailer parks or similar facilities, except receipts received
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0012|     by trailer parks from the rental of a space for a manufactured
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0013|     home <u>or recreational vehicle</u> for a period of at least one
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0014|     month, from lodgers, guests, roomers or occupants are not
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0015|     receipts from leasing real property for the purposes of this
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0016|     section.
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0017|               C.  Receipts attributable to the inclusion of
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0018|     furniture or appliances furnished as part of a leased or
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0019|     rented dwelling house, manufactured home or apartment by the
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0020|     landlord or lessor may be deducted from gross receipts."
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0021|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0022|     provisions of this act is April 1, 1998; provided, if this act
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0023|     passes without an emergency clause, the effective date of the
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0024|     provisions of this act is June 1, 1998.
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0025|          Section 3.  EMERGENCY.--It is necessary for the public
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0001|     peace, health and safety that this act take effect
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0002|     immediately.
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0003|                              
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