A. Each utility and carrier doing business in this state which is subject to the control and jurisdiction of the commission by virtue of the provisions of Article 11 of the constitution of New Mexico with respect to its rates and service shall pay annually to the commission a fee in performance of its duties as now provided by law. The fee for carriers shall not exceed two hundred fifty-six thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. The fee for utilities shall not exceed five hundred eleven thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 1 in each year. No similar fee shall be imposed upon the utility or carrier. In the case of utilities or carriers engaged in interstate business, the fees shall be measured by the gross receipts of the utilities or carriers from intrastate business only for the preceding calendar year and not in any respect upon receipts derived wholly or in part from interstate business. As used in this section, "utility" includes telephone companies and transmission companies but does not include public utilities subject to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978].

B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and shall continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month.

C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it is due. The penalty imposed shall be two percent of the amount of the fee due.

D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid.

History: 1941 Comp., § 74-722, enacted by Laws 1951, ch. 194, § 1; 1953 Comp., § 69-7-22; Laws 1989, ch. 233, § 1; 1993, ch. 311, § 11; 2003, ch. 14, § 20; 2005, ch. 339, § 7.

The 2005 amendment, effective July 1, 2005, changed the date in Subsection A when the sum is payable from on or before January 20 or in quarterly installments on or before January 20, April 20, July 20 and October 20 to on or before April 1 of each year; provided in Subsection A that "utility" does not include public utilities subject to the Public Utility Act; added Subsection B to provide for the payment of interest on late payments of fees; added Subsection C to provide for a penalty on late payments of fees; and added Subsection D to provide that the attorney general shall collect fees, interest and penalties that are unpaid.

The 2003 amendment, effective July 1, 2003, substituted "two hundred fifty-six thousandths" for "one-fourth of one" in the second and third sentences.

The 1993 amendment, effective July 1, 1993, substituted "one-half" for "three-eighths" in the third sentence.

The 1989 amendment, effective January 1, 1990, added the present catchline, restructured the former first sentence as the present first and second sentences, added the present third and last sentences, and made minor stylistic changes throughout the section.

Collection of fees should be based strictly upon intrastate business, receipts not derived in whole or in part from interstate business. 1952 Op. Att'y Gen. No. 52-5533.