Section 3-65-7 – Enforcement; penalties.
A. An action to enforce the imposition and collection of a stadium surcharge by a vendor may be brought by a municipality. B. A district court may issue an appropriate judgment, order or remedy to enforce the provisions of a vendor contract. C. Any judgment issued by a district court requiring stadium surcharge receipts to […]
Section 3-65-8 – Authorization of project.
A. Pursuant to the provisions of Section 6-21-6 NMSA 1978, the legislature authorizes the authority to make a loan from the public project revolving fund to a municipality to acquire land for and to design, purchase, construct, remodel, renovate, rehabilitate, improve, equip or furnish a minor league baseball stadium on terms and conditions established by […]
Section 3-65-9 – Cumulative and complete authority.
The Minor League Baseball Stadium Funding Act shall be deemed to provide an additional and alternative method for obtaining funding for a minor league baseball stadium, establishing the stadium surcharge and completing the acts authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws of the state, without reference […]
Section 3-65-10 – Liberal interpretation.
The Minor League Baseball Stadium Funding Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of the act. History: Laws 2001, ch. 231, § 10. ANNOTATIONS Emergency clause. — Laws 2001, ch. 231, § 13 contained an emergency clause and was approved April 3, […]
Section 3-65-1 – Short title.
Sections 1 through 11 [3-65-1 to 3-65-10 NMSA 1978] of this act may be cited as the “Minor League Baseball Stadium Funding Act”. History: Laws 2001, ch. 231, § 1. ANNOTATIONS Cross references. — For exemption to gross receipts tax, see 7-9-13.3 NMSA 1978. Emergency clause. — Laws 2001, ch. 231, § 13 contained an […]
Section 3-65-2 – Findings and purpose.
A. The legislature finds that: (1) the costs of land for and of designing, purchasing, constructing, remodeling, rehabilitating, renovating, improving, equipping, furnishing, operating and maintaining minor league baseball stadiums have increased to a level that local financial resources are inadequate to meet all of the costs; (2) functional and modern minor league baseball stadiums are […]
Section 3-65-3 – Definitions.
As used in the Minor League Baseball Stadium Funding Act: A. “authority” means the New Mexico finance authority; B. “chief executive officer” means the mayor or chief administrative officer of a municipality when designated in writing by the mayor to perform duties required by the Minor League Baseball Stadium Funding Act; C. “governing body” means […]
Section 3-65-4 – Authorization of surcharge; use of proceeds.
A. A municipality may impose a stadium surcharge by majority vote of the governing body. If a stadium surcharge has been imposed, the municipality shall include a stadium surcharge in each vendor contract, and each vendor contract shall be signed by the chief executive officer. B. Before establishing the amount of the stadium surcharge to […]
Section 3-65-5 – Collection of surcharge; remittance to the municipality.
A. Every vendor shall collect the stadium surcharge on behalf of the municipality and shall act as a trustee therefor. B. The stadium surcharge shall be collected by vendors from the users of products or services subject to the surcharge. Users shall be charged separately for the stadium surcharge from the cost of the product […]
Section 3-65-6 – Audits.
A municipality shall provide by ordinance a method to either audit or otherwise ensure that vendors subject to the stadium surcharge collect and remit to the treasurer of the municipality the full amount of the surcharge receipts due to the municipality. History: Laws 2001, ch. 231, § 6. ANNOTATIONS Emergency clause. — Laws 2001, ch. […]