N.M. Stat. § 9-11-12.1
Tribal cooperative agreements.
A. The secretary may enter into cooperative agreements with the Pueblos of
Acoma, Cochiti, Jemez, Isleta, Laguna, Nambe, Ohkay Owingeh, Picuris, Pojoaque,
Sandia, San Felipe, San Ildefonso, Santa Ana, Santa Clara, Santo Domingo, Taos,
Tesuque, Zia and Zuni; the Jicarilla Apache Nation; the Navajo Nation; the Mescalero
Apache Tribe; and the nineteen pueblos acting collectively for the exchange of
information and the reciprocal, joint or common enforcement, administration, collection,
remittance and audit of gross receipts tax and cannabis excise tax revenues of the party
jurisdictions.
B. Money collected by the department on behalf of a tribe in accordance with an
agreement entered into pursuant to this section is not money of this state and shall be
collected and disbursed in accordance with the terms of the agreement, notwithstanding
any other provision of law.
C. The secretary is empowered to promulgate such rules and to establish such
procedures as the secretary deems appropriate for the collection and disbursement of
funds due a tribe and for the receipt of money collected by a tribe for the account of this
state under the terms of a cooperative agreement entered into under the authority of
this section, including procedures for identification of taxpayers or transactions that are
subject only to the taxing authority of the tribe, of this state and of both party
jurisdictions.
D. Nothing in an agreement entered into pursuant to this section shall be construed
as authorizing this state or a tribe to tax a person or transaction that federal law
prohibits that government from taxing, authorizing a state or tribal court to assert
jurisdiction over a person who is not otherwise subject to that court's jurisdiction or
affecting any issue of the respective civil or criminal jurisdictions of this state or the tribe.
Nothing in an agreement entered into pursuant to this section shall be construed as an
assertion or an admission by either this state or a tribe that the taxes of one have
precedence over the taxes of the other when a person or transaction is subject to the
taxing authority of both governments. An agreement entered into pursuant to this
section shall be construed solely as an agreement between the two party governments
and shall not alter or affect the government-to-government relations between this state
and any other tribe.
E. Except as provided in Subsection F of this section, any ordinance of a tribe
imposing, amending or repealing a tax administered by the department pursuant to this
section shall include an effective date of the first July 1 after the expiration of at least
three months from the date that the adopted ordinance is mailed or delivered to the
secretary.
F. If the governor of New Mexico declares a state of emergency, or if there is an
unforeseen occurrence that would cause an undue hardship for a tribe, an ordinance
changing the imposition of a tax shall become effective on the first January 1 after the
expiration of at least three months after such a declaration or event and notification to
the department.
G. As used in this section:
(1)
"tribal" means of or pertaining to a tribe; and
(2)
"tribe" means an Indian nation, tribe or pueblo located entirely in New
Mexico or the Navajo Nation.