NMSA 1978, § 7-19D-15 — 7-19D-15

Municipal regional spaceport gross receipts tax;
authority to impose; rate; election required.

# A.

A majority of the members of the governing body of a municipality that desires to
become a member of a regional spaceport district pursuant to the Regional Spaceport
District Act [5-16-1 to 5-16-13 NMSA 1978] shall impose by ordinance an excise tax at a
rate not to exceed one-half percent of the gross receipts of a person engaging in
business in the municipality for the privilege of engaging in business. A tax imposed
pursuant to this section may be imposed by one or more ordinances, each imposing any
number of tax rate increments, but an increment shall not be less than one-sixteenth
percent of the gross receipts of a person engaging in business in the municipality, and
the aggregate of all rates shall not exceed one-half percent of the gross receipts of a
person engaging in business in the municipality. The tax may be referred to as the
"municipal regional spaceport gross receipts tax".

# B.

A governing body, at the time of enacting an ordinance imposing a tax authorized
in Subsection A of this section, shall dedicate a minimum of seventy-five percent of the
revenue to a regional spaceport district for the financing, planning, designing,
engineering and construction of a regional spaceport pursuant to the Regional
Spaceport District Act and may dedicate no more than twenty-five percent of the
revenue for spaceport-related projects as approved by resolution of the governing body
of the municipality.

# C.

An ordinance imposing a municipal regional spaceport gross receipts tax shall
not go into effect until after an election is held and a majority of the voters of the
municipality voting in the election votes in favor of imposing the tax. The governing body
shall adopt a resolution calling for an election within seventy-five days of the date the
ordinance is adopted on the question of imposing the tax. The question shall be
submitted to the voters of the municipality as a separate question at a regular local
election or at a special election called for that purpose by the governing body. An
election shall be called, conducted and canvassed as provided in the Local Election Act
[Chapter 1, Article 22 NMSA 1978]. If a majority of the voters voting on the question
approves the ordinance imposing the municipal regional spaceport gross receipts tax,
the ordinance shall become effective in accordance with the provisions of the Municipal
Local Option Gross Receipts Taxes Act. If the question of imposing the municipal
regional spaceport gross receipts tax fails, the governing body shall not again propose
the imposition of an increment of the tax for a period of one year from the date of the
election.

# D.

The governing body of a municipality imposing the municipal regional spaceport
gross receipts tax shall transfer a minimum of seventy-five percent of all proceeds from
the tax to the regional spaceport district of which it is a member for regional spaceport
purposes in accordance with the provisions of the Regional Spaceport District Act. The
governing body of a municipality imposing the municipal regional spaceport gross
receipts tax may retain no more than twenty-five percent of the municipal regional
spaceport gross receipts tax for spaceport-related projects as approved by resolution of
the governing body.