AN ACT
RELATING TO COUNTIES; AMENDING THE
SMALL COUNTIES ASSISTANCE ACT.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 4-61-1 NMSA 1978 (being Laws 1982,
Chapter 44, Section 1) is amended to read:
"4-61-1. SHORT TITLE.--Chapter 4, Article 61 NMSA 1978
may be cited as the "Small Counties Assistance Act"."
Section 2. Section 4-61-2 NMSA 1978 (being Laws 1982,
Chapter 44, Section 2, as amended) is amended to read:
"4-61-2. DEFINITIONS.--As used in the Small Counties
Assistance Act:
A. "ceiling valuation" means:
(1) for the 2002 property tax year, one billion
four hundred million dollars ($1,400,000,000); and
(2) for each subsequent property tax year, an
amount equal to the product obtained by multiplying one billion four hundred
million dollars ($1,400,000,000) by a fraction, the numerator of which is the
total valuation for the state for that property tax year and the denominator of
which is the total valuation for the state for the 2002 property tax year;
B. "demographer" means the bureau of
business and economic research at the university of New Mexico;
C. "population" means the official
population shown by the most recent federal decennial census or, if there is a
change in boundaries after the date of the census, "population" for
each affected unit shall be the most current
estimated population for that unit
provided in writing by the demographer; provided that after five years from the
first day of the calendar year of the most recent federal decennial census,
that census shall not be used, and "population" for the period from
that date until the date when the next following official final decennial
census population data are available shall be the most current estimated
population provided in writing by the demographer;
D. "qualifying county" means a class
B, class C or first class county that has:
(1) for the property tax year in which any
distribution under the Small Counties Assistance Act is made to the county,
imposed a property tax rate for general county purposes pursuant to Paragraph
(1) of Subsection B of Section 7-37-7 NMSA 1978 as limited by Section 7-37-7.1
NMSA 1978 of at least eight dollars eighty-five cents ($8.85) per one thousand
dollars ($1,000) of net taxable value;
(2) by July 1 of the property tax year in which
any distribution under the Small Counties Assistance Act is made to the county,
received a written certification from the director of the property tax division
of the taxation and revenue department that the county assessor of that county
has implemented an acceptable program of maintaining current and correct
property values for property taxation purposes as required by Section 7-36-16
NMSA 1978 or has submitted to the director an acceptable plan for the
implementation of such a program;
(3) on July 1 of the year in which any distribution
under the Small Counties Assistance Act is made to the county, a population of
not more than forty-eight thousand;
(4) imposed all county gross receipts tax
increments authorized pursuant to Section 7-20E-9 NMSA 1978 and has those
increments in effect on July 1 of the year in which a distribution is made,
provided that the county's valuation for property taxation purposes exceeds two
hundred million dollars ($200,000,000); and
(5) a total valuation for the
property tax year preceding the year in which a distribution pursuant to the
Small Counties Assistance Act for that county is to be made that is no greater
than the ceiling valuation for that property tax year; and
E. "total valuation" means the sum for
a jurisdiction for a property tax year of the net taxable value determined
pursuant to the Property Tax Code, the assessed value determined pursuant to
the Oil and Gas Ad Valorem Production Tax Act, the assessed value determined
pursuant to the Oil and Gas Production Equipment Ad Valorem Tax Act and the
taxable value determined pursuant to the Copper Production Ad Valorem Tax
Act."
Section 3. Section 4-61-3 NMSA 1978 (being Laws 1982,
Chapter 44, Section 3, as amended) is amended to read:
"4-61-3. SMALL COUNTIES ASSISTANCE FUND--DISTRIBUTION.‑‑
A.
The "small counties assistance fund" is created within the
state treasury.
B.
On or before September 1, 2003 and on or before September 1 of each
subsequent year, the demographer shall certify in writing to the department of
finance and administration the population of the state and of each county as of
June 30 of the year.
C.
On or before September 15, 2003 and on or before September 15 of each
subsequent year, the secretary of finance and administration shall certify to
the state treasurer with respect to each qualifying county:
(1)
its population as certified by the demographer;
(2)
its total valuation for the preceding property tax year; and
(3)
the distribution amount calculated for it.
D.
The distribution amount for each qualifying county shall be determined
for 2003 and each subsequent year in accordance with the following table;
provided that the bracket amounts in the first two columns of the table shall
be adjusted annually after 2003 by the same fraction used to adjust the ceiling
valuation pursuant to the provisions of Paragraph (2) of Subsection A of
Section 4-61-2 NMSA 1978.
If the county's total valuation for
the preceding property tax year is:
at least: |
but less than: |
and the county population is: |
then the distribution amount is: |
$ 0 |
$100,000,000 |
under 4,000 |
$250,000 |
$ 0 |
$100,000,000 |
over 4,000 |
$225,000 |
$ 100,000,000 |
$210,000,000 |
under 12,000 |
$150,000 |
$ 100,000,000 |
$210,000,000 |
over
12,000 |
$100,000 |
$ 210,000,000 |
$1,400,000,000 |
under 48,000 |
$ 45,000. |
E.
If the balance in the small counties assistance fund as of the preceding
August 31 is less than the sum of the distributions to be made to qualifying
counties, the department of finance and administration shall reduce each
qualifying county's calculated distribution by a percentage computed by
dividing the amount by which the fund is insufficient by the sum of all the
calculated distributions and shall certify the reduced amounts as the
qualifying counties' distributions.
F.
Any interest accruing from the temporary investment of the small
counties assistance fund shall be credited to the general fund.
G.
On or before September 30, 2003 and on or before September 30 of each
subsequent year, the state treasurer shall distribute to each county for whom a
distribution has been certified for that year the amount certified for that
county for that year. If the balance in
the fund as of the preceding August 31 exceeds the amount to be distributed,
the difference shall revert to the general fund.
H.
If any date specified in Subsection B, C or G of this section falls on a
Saturday or Sunday, any action required to be performed as provided in those
subsections is timely if performed on the next day that is not a Saturday or
Sunday."
HB 229
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