0001| HOUSE BILL 241
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| LUCIANO "LUCKY" VARELA
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0005|
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0006|
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0007|
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0008| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO DEPOSIT OF PUBLIC MONEY; EXTENDING THE TIME FOR
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0012| DEPOSIT OF CERTAIN RECEIPTS OF THE TAXATION AND REVENUE
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0013| DEPARTMENT; AMENDING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 6-10-3 NMSA 1978 (being Laws 1923,
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0017| Chapter 76, Section 2, as amended) is amended to read:
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0018| "6-10-3. PAYMENT OF STATE MONEY INTO TREASURY--SUSPENSE
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0019| FUNDS.--[Thirty days from the taking effect of Chapter 6,
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Article 10 NMSA 1978]
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0021| A. All public money in the custody or under the
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0022| control of any state official or agency obtained or received
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0023| by any official or agency from any source, except as
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0024| provided in Section 6-10-54 NMSA 1978 [provided], shall be
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0025| paid into the state treasury. It is the duty of every
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0001| official or person in charge of any state agency receiving any
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0002| money in cash or by check, draft or otherwise for or on behalf
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0003| of the state or any agency thereof from any source, except as
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0004| provided otherwise in this section or in Section 6-10-54
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0005| NMSA 1978, [provided, to forthwith and] to deliver or remit
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0006| it to the state treasurer before the close of the next
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0007| succeeding business day after the receipt of the money. [to
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deliver or remit it to the state treasurer. Provided,
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however, that]
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0010| B. The following are exceptions to the provisions
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0011| of Subsection A of this section:
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0012| (1) the money collected by the state
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0013| [park and recreation] parks division of the energy,
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0014| minerals and natural resources department shall be deposited
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0015| into the state treasury no later than ten days following
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0016| collection; [Provided that]
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0017| (2) county treasurers shall remit all money
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0018| received for taxes for state purposes or which are by law
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0019| required to be remitted to the state treasurer on or before
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0020| the tenth day of the next succeeding month following the
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0021| receipt or collection thereof; [Provided further that]
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0022| (3) every official or person in charge of
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0023| any state agency receiving any money, except as provided in
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0024| Section 6-10-54 NMSA 1978 [provided], in cash or by check,
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0025| draft or otherwise, on deposit, in escrow or in evidence of
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0001| good faith to secure the performance of any contract or
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0002| agreement with the state or with any department, institution
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0003| or agency of the state, which money has not yet been earned so
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0004| as to become the absolute property of the state, shall deliver
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0005| or remit to the state treasurer within the times and in the
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0006| manner provided in this section [provided], which money
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0007| shall be by the state treasurer deposited in a suspense
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0008| account to the credit of the proper official, person, board or
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0009| bureau in charge of any state agency so receiving the money;
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0010| provided, however, that all money held by the commissioner of
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0011| public lands on deposit, in escrow or in evidence of good
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0012| faith to secure the performance of any contract or agreement
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0013| with the state shall be delivered or remitted to the state
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0014| treasurer within six months from the date this act is approved
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0015| and at those times, in the amounts and from the various banks
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0016| in which it is deposited as may be directed by the state board
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0017| of finance; and
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0018| (4) money received by the taxation and
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0019| revenue department at any of its offices other than offices
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0020| located in Santa Fe county or in Bernalillo county shall be
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0021| deposited into the state treasury no later than five days
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0022| following receipt."
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0023| Section 2. Section 7-1-6 NMSA 1978 (being Laws 1978,
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0024| Chapter 55, Section 1, as amended) is amended to read:
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0025| "7-1-6. RECEIPTS--DISBURSEMENTS--FUNDS CREATED.--
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0001| A. All money received by the department with
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0002| respect to laws administered under the provisions of the Tax
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0003| Administration Act shall be deposited with the state treasurer
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0004| before the close of the next succeeding business day after
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0005| receipt of the money, except that:
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0006| (1) for 1989 and every subsequent year,
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0007| money received with respect to the Income Tax Act during the
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0008| period starting with the fifth day prior to the due date for
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0009| payment of income tax for the year and ending on the tenth day
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0010| following that due date shall be deposited before the close of
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0011| the tenth business day after receipt of the money; and
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0012| (2) money received by the department at any
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0013| of its offices other than offices located in Santa Fe county
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0014| or in Bernalillo county shall be deposited with the state
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0015| treasurer before the close of the fifth business day after
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0016| receipt of the money.
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0017| B. Money received or disbursed by the department
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0018| shall be accounted for by the department as required by law or
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0019| regulation of the secretary of finance and administration.
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0020| C. Disbursements for tax credits, tax rebates,
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0021| refunds, the payment of interest, the payment of fees charged
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0022| by attorneys or collection agencies for collection of accounts
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0023| as agent for the department, the payment of credit card
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0024| service charges on payments of taxes by use of credit cards,
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0025| distributions and transfers shall be made by the department of
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0001| finance and administration upon request and certification of
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0002| their appropriateness by the secretary or the secretary's
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0003| delegate. There are hereby created in the state treasury the
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0004| "tax administration suspense fund", the "extraction taxes
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0005| suspense fund" and the "workers' compensation collections
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0006| suspense fund" for the purpose of making the disbursements
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0007| authorized by the Tax Administration Act.
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0008| D. All revenues collected or received by the
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0009| department pursuant to the provisions of the taxes and tax
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0010| acts administered under Subsection A of Section 7-1-2 NMSA
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0011| 1978 shall be credited to the tax administration suspense fund
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0012| and are appropriated for the purpose of making the
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0013| disbursements authorized under this section or otherwise
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0014| authorized or required by law to be made from the tax
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0015| administration suspense fund.
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0016| E. All revenues collected or received by the
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0017| department pursuant to the taxes or tax acts administered
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0018| under Subsection B of Section 7-1-2 NMSA 1978, other than
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0019| amounts required to be credited to the oil and gas protested
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0020| payments suspense fund, shall be credited to the extraction
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0021| taxes suspense fund and are appropriated for the purpose of
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0022| making the disbursements authorized under this section or
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0023| otherwise authorized or required by law to be made from the
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0024| extraction taxes suspense fund.
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0025| F. All revenues collected or received by the
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0001| department pursuant to the taxes or tax acts administered
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0002| under Subsection C of Section 7-1-2 NMSA 1978 may be credited
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0003| to the tax administration suspense fund, unless otherwise
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0004| directed by law to be credited to another fund or agency, and
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0005| are appropriated for the purpose of making disbursements
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0006| authorized under this section or otherwise authorized or
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0007| required by law.
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0008| G. All revenues collected or received by the
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0009| department pursuant to the provisions of Section 52-5-19 NMSA
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0010| 1978 shall be credited to the workers' compensation
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0011| collections suspense fund and are appropriated for the purpose
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0012| of making the disbursements authorized under this section or
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0013| otherwise authorized or required by law to be made from the
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0014| workers' compensation collections suspense fund.
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0015| H. Disbursements to cover expenditures of the
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0016| department shall be made only upon approval of the secretary
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0017| or the secretary's delegate.
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0018| I. Miscellaneous receipts from charges made by the
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0019| department to defray expenses pursuant to the provisions of
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0020| Section 7-1-5 NMSA 1978 and similar charges are appropriated
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0021| to the department for its use.
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0022| J. From the tax administration suspense fund,
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0023| there may be disbursed each month amounts approved by the
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0024| secretary or the secretary's delegate necessary to maintain a
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0025| fund hereby created and to be known as the "income tax
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0001| suspense fund". The income tax suspense fund shall be used
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0002| for the payment of income tax refunds."
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0003| Section 3. Section 66-6-22.1 NMSA 1978 (being Laws 1990,
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0004| Chapter 120, Section 34) is amended to read:
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0005| "66-6-22.1. MOTOR VEHICLE SUSPENSE FUND CREATED--
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0006| RECEIPTS--DISBURSEMENTS.--
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0007| A. There is created in the state treasury a fund
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0008| to be known as the "motor vehicle suspense fund".
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0009| B. The fees collected under the provisions of
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0010| Sections 66-1-1 through 66-6-18 NMSA 1978 shall be paid to the
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0011| state treasurer for the credit of the motor vehicle suspense
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0012| fund not later than the close of the [second] next
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0013| business day after their receipt with respect to fees
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0014| collected at department offices in Santa Fe county and in
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0015| Bernalillo county and no later than the close of the fifth
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0016| business day following their receipt at department offices in
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0017| all other counties.
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0018| C. Money deposited to the credit of or disbursed
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0019| from the motor vehicle suspense fund shall be accounted for as
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0020| provided by law or regulation of the secretary of finance and
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0021| administration. Disbursements from the motor vehicle suspense
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0022| fund shall be made by the department of finance and
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0023| administration upon request and certification of their
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0024| appropriateness by the secretary of finance and administration
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0025| or the secretary's delegate.
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0001| D. The balance of the motor vehicle suspense fund
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0002| is appropriated for the purpose of making refunds,
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0003| distributions and other disbursements authorized or required
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0004| by law to be made from the motor vehicle suspense fund,
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0005| provided that no distribution shall be made to a municipality,
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0006| county or fee agent operating a motor vehicle field office
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0007| with respect to money collected and remitted to the department
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0008| by that municipality, county or fee agent until the report of
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0009| the municipality, county or fee agent is audited and accepted
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0010| by the department."
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0011| Section 4. EFFECTIVE DATE.--The effective date of the
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0012| provisions of this act is July 1, 1998.
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0013|
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