Otero County, NM Article VIII Correctional Facility Gross Receipts Tax

[Adopted 8-23-2011 by Ord. No. 11-07]

§ 205-37 Imposition of tax.

There is imposed on any person engaging in business in this County for the privilege of engaging in business in this County an excise tax equal to 0.125% of the gross receipts reported or required to be reported by the person pursuant to the New Mexico Gross Receipts and Compensating Tax Act as it now exists or as it may be amended.[1] The tax imposed under this article is pursuant to the County Correctional Facility Gross Receipts Tax Act as it now exits or as it may be amended[2] and shall be known as the "County correctional facility gross receipts tax."

[1] Editor's Note: See NMSA 1978, § 7-9-1 et seq.

[2] Editor's Note: See NMSA 1978, § 7-20F-1 et seq.

§ 205-38 General provisions.

This article hereby adopts by reference all definitions, exemptions and deductions contained in the Gross Receipts and Compensating Tax Act as it now exits or as it may be amended.

§ 205-39 Specific exemptions.

No County corrections facility gross receipts tax shall be imposed on the gross receipts arising from:

A. Transporting persons or property for hire by railroad, motor vehicle, air transportation or any other means from one point within the County to another point outside of the County; or

B. Direct broadcast satellite services.

§ 205-40 Dedication.

Revenue from the County correctional facility gross receipts tax will be used for the following purpose(s): operating, maintaining, constructing, purchasing, furnishing, equipping, rehabilitating, expanding or improving a judicial correctional or a County correctional facility or the grounds thereof, including acquiring and improving parking lots, landscaping or any combination of the foregoing; for the purpose of transporting or extraditing prisoners; or for the payment of principal and interest on revenue bonds or refunding bonds issued pursuant to the provisions of the County Correctional Facility Gross Receipts Tax Act.

§ 205-41 Effective date.

The effective date of the County correctional facility gross receipts tax shall either be January 1 or July 1, whichever date occurs first after the expiration of at least three months from the date of this article is adopted, unless an election is held on the question of approving the ordinance, in which case the effective date shall be either January 1 or July 1, whichever date occurs first after the expiration of three months from the date when the results of the election are certified to be in favor of the ordinance's adoption.