HOUSE MEMORIAL 53

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Rick Miera

A MEMORIAL

REQUESTING THE LEGISLATIVE EDUCATION STUDY COMMITTEE TO STUDY THE FEASIBILITY AND DESIRABILITY OF PERMITTING MUNICIPALITIES AND COUNTIES TO CEDE A PORTION OF THEIR PROPERTY TAX AUTHORITY TO LOCAL SCHOOL DISTRICTS.

     WHEREAS, a maximum rate of seven and sixty-five hundredths mills of property tax is authorized for the use of each municipality for general purposes, and a maximum rate of eleven and eighty-five hundredths mills of property tax is authorized for the use of each county for general purposes; and

     WHEREAS, some municipalities and counties have chosen not to use the full amount of authorized millage; and

     WHEREAS, the maximum rate authorized for the use of each school district for general operating purposes is only one-half mill of property tax; and

     WHEREAS, it may be beneficial for public school districts to have the authority to impose additional property tax for construction or maintenance of buildings; and

     WHEREAS, some municipalities and counties might be willing to cede a portion of their authorized property tax millage to a public school district that serves their residents;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the legislative education study committee be requested to study the legality, feasibility and desirability of permitting municipalities and counties to cede a portion of their authorized property tax millage to school districts and the potential consequences of such action on the public school funding formula and on state obligations pursuant to the Zuni lawsuit; and

     BE IT FURTHER RESOLVED that if the legislative education study committee determines that ceding of the unused property tax authority to public schools would create insurmountable problems, then the committee suggest other options for utilizing the unauthorized millage to benefit children from preschool through high-school age in educational and recreational programs; and

     BE IT FURTHER RESOLVED that the results of this study be reported by the legislative education study committee to the first session of the forty-eighth legislature; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the legislative education study committee.

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