NMSA 1978, § 7-9E-3 — Definitions

As used in the Laboratory Partnership with Small Business Tax Credit Act:

# A.

"contractor":
(1) means a person that:
(a) has the capability to provide small business assistance; and
(b) may enter into a contract with a national laboratory to provide small
business assistance; and
(2) includes:
(a) a gas, water or electric utility owned or operated by a county, municipality
or other political subdivision of the state;
(b) a national, federal, state, Indian or other governmental unit or subdivision,
or an agency, department or instrumentality of any of the foregoing; or
(c) an organization that: 1) demonstrates to the department that the
organization has been granted exemption from the federal income tax by the United
States commissioner of internal revenue as organizations described in Section
501(c)(3) of the United States Internal Revenue Code of 1986, as that section may be
amended or renumbered; and 2) has a place of business in New Mexico;

# B.

"department" means the taxation and revenue department, the secretary of
taxation and revenue or an employee of the department exercising authority lawfully
delegated to that employee by the secretary;

# C.

"national laboratory" means a prime contractor designated as a national
laboratory by act of congress that is operating a facility in New Mexico;

# D.

"qualified expenditure" means an expenditure by a national laboratory in
providing small business assistance, limited to the following expenditures incurred in
providing the assistance:
(1) employee salaries, wages, fringe benefits and employer payroll taxes;
(2) administrative costs related directly to the provision of small business
assistance, the total of which is limited to forty-nine percent of employee salaries,
wages, fringe benefits and employer payroll taxes;
(3) in-state travel expenses, including per diem and mileage at the internal
revenue service standard rates; and
(4) supplies and services of contractors related to the provision of small
business assistance;

# E.

"rural area" means an area of the state outside of the exterior boundaries of a
class A county that has a net taxable value for rate-setting purposes for any property tax
year of more than seven billion dollars ($7,000,000,000);

# F.

"small business" means a business in New Mexico that conforms to the definition
of small business found in the federal Small Business Act; and

# G.

"small business assistance" means assistance rendered by a national laboratory
related to the transfer of technology, including software, manufacturing, mining, oil and
gas, environmental, agricultural, information and solar and other alternative energy
source technologies. "Small business assistance" includes nontechnical assistance
related to expanding the New Mexico base of suppliers, including training and
mentoring individual small businesses; assistance in developing business systems to
meet audit, reporting and quality assurance requirements; and other supplier
development initiatives for individual small businesses.