46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TAXATION; IMPOSING A PERSONAL INCOME TAX SURTAX; EARMARKING THE SURTAX FOR WILDLIFE CONSERVATION PROGRAMS AND PURPOSES; CREATING A FUND; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Tax Administration Act is enacted to read:

"[NEW MATERIAL] DISTRIBUTION--WILDLIFE CONSERVATION FUND.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the wildlife conservation fund of the net receipts attributable to the wildlife conservation surtax imposed pursuant to Section 2 of this act."

Section 2. A new section of the Income Tax Act is enacted to read:

"[NEW MATERIAL] WILDLIFE CONSERVATION SURTAX.--In addition to the tax imposed pursuant to the Income Tax Act, a surtax is imposed on every taxpayer who files an individual New Mexico income tax return. The surtax shall be an amount equal to two dollars ($2.00) for each federal exemption allowable for federal income tax purposes for each individual included in the return, or twelve dollars ($12.00), whichever is less. The surtax imposed by this section may be referred to as the "wildlife conservation surtax"."

Section 3. [NEW MATERIAL] WILDLIFE CONSERVATION FUND ESTABLISHED--PURPOSE--APPROPRIATION.--

A. The "wildlife conservation fund" is established in the state treasury. The fund shall be administered by the department of game and fish. Income earned on the fund shall accrue to the fund and balances at the end of any fiscal year shall not revert to the general fund.

B. Prior to July 1, 2004, money in the fund shall not be expended or appropriated for any purpose. For fiscal year 2005 and subsequent fiscal years, money in the fund may be appropriated by the legislature to the conservation services division of the department of game and fish to provide supplemental funds to:

(1) support and staff native wildlife programs established and operated by the division, as described in Section 17-1-5.1 NMSA 1978 and in the Wildlife Conservation Act; and

(2) acquire, lease, develop or improve aquatic or terrestrial native wildlife habitat pursuant to

Section 17-4-1 NMSA 1978.

Section 4. APPLICABILITY.--The provisions of Section 2 of this act apply to taxable years beginning on or after January 1, 2003.