SENATE BILL 348

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

James G. Townsend and Gabriel Ramos and Jay C. Block

 

 

 

 

 

AN ACT

RELATING TO PUBLIC FUNDS; REQUIRING THE STATE TO MAKE PAYMENTS IN LIEU OF TAXES TO POLITICAL SUBDIVISIONS WHEN ACQUIRING REAL PROPERTY; PROVIDING AN EXEMPTION FOR THE DEPARTMENT OF TRANSPORTATION; CREATING THE PAYMENTS IN LIEU OF TAXES FUND; MAKING AN APPROPRIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] PAYMENTS IN LIEU OF TAXES FOR STATE-ACQUIRED REAL PROPERTY--ADJUSTMENTS IN PAYMENTS.--

          A. Whenever the state acquires fee simple ownership of real property by purchase or eminent domain, the state shall annually make payments in lieu of taxes to any political subdivision of the state that imposed and received the revenues of a property tax on the acquired real property prior to acquisition by the state. The payments in lieu of taxes shall commence with the calendar year following state acquisition and shall continue so long as the state retains ownership.

          B. A state agency that intends to acquire fee simple ownership of real property shall inquire with the clerk of the county in which the property is situated as to the annual property tax liability of the property for the prior year. Annually, that state agency shall remit to the state treasurer for deposit in the payments in lieu of taxes fund an amount equal to the annual property tax liability for the property being acquired.

          C. All payments in lieu of taxes are contingent upon sufficient appropriations and authorization being made by the New Mexico legislature for the performance of the provisions of this section. If sufficient appropriations and authorization are not made by the legislature in any year, the provisions of this section are suspended for that year.

          D. The property tax division of the taxation and revenue department shall promulgate rules to specify how payments in lieu of taxes shall be paid pursuant to Subsection A of this section and shall be adjusted from year to year, taking into consideration factors that include changes in property values and tax rates.

          E. The provisions of this section shall not apply to property purchased by or on behalf of the department of transportation for the purposes of a public roadway or highway.

     SECTION 2. [NEW MATERIAL] PAYMENTS IN LIEU OF TAXES FUND CREATED--AUTHORIZED PAYMENTS IN LIEU OF TAXES.--The "payments in lieu of taxes fund" is created as a nonreverting fund within the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and any other money distributed or otherwise allocated to the fund. The taxation and revenue department shall administer the fund, and money in the fund is appropriated to the taxation and revenue department to make payments to political subdivisions of the state in lieu of taxes for state-acquired real property pursuant to Section 1 of this 2025 act. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of taxation and revenue or the secretary's authorized representative.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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