46th legislature - STATE OF NEW MEXICO - first session, 2003
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.--[Sections 1 through 3 of this act]
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;
[A.] 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
[bureau of business and economic research at the university of
New Mexico] 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 [bureau of business and
economic research at the university of New Mexico; and]
demographer;
[B.] 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; [and]
(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-five thousand
five hundred] forty-eight thousand; and
(4) 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 July 1, 1982 and on July 1 of each year
thereafter, the local government division of the department of
finance and administration shall certify to the state treasurer
the population of the state and the population of each county
in the state.
C. On September 1, 1982 and on September 1 of each
year thereafter, the local government division of the
department of finance and administration shall certify to the
state treasurer the revenue amounts received by each qualifying
county in the fiscal year ended on the preceding June 30 from
property taxes for general county purposes imposed under the
Property Tax Code and taxes imposed under the Oil and Gas Ad
Valorem Production Tax Act, the Oil and Gas Production
Equipment Ad Valorem Tax Act and the Copper Production Ad
Valorem Tax Act for general county purposes.
D. On or before September l5, l982 and on or before
September l5 of each year thereafter, the state treasurer shall
distribute to each qualifying county from the small counties
assistance fund an amount certified to him by the director of
the local government division of the department of finance and
administration. The distribution to a qualifying county shall
be an amount equal to the amount by which the product of
multiplying a county's population by twenty-five dollars
($25.00) exceeds thirty percent of the total of the revenue
amounts certified for that county under Subsection C of this
section, subject to the following:
(1) if the calculated distribution for a class
C or first class county exceeds two hundred thousand dollars
($200,000), it shall be reduced to two hundred thousand dollars
($200,000);
(2) if the calculated distribution for a class
B county exceeds one hundred fifty thousand dollars ($150,000),
it shall be reduced to one hundred fifty thousand dollars
($150,000);
(3) if the calculated distribution for a first
class county is:
(a) zero or less than zero or that
county has a population of not more than twelve thousand five
hundred, it shall be two hundred thousand dollars ($200,000);
or
(b) greater than zero but less than two
hundred thousand dollars ($200,000), it shall be increased to
two hundred thousand dollars ($200,000);
(4) if the calculated distribution for a class
C county is greater than zero but less than two hundred
thousand dollars ($200,000) or that county has a population of
not more than twelve thousand five hundred, it shall be
increased to two hundred thousand dollars ($200,000); and
(5) if the calculated distribution for a class
B county is greater than zero but less than one hundred
thousand dollars ($100,000) or that county has a population of
not more than twelve thousand five hundred, it shall be
increased to one hundred thousand dollars ($100,000).]
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 The distribution
amount is
$0 $100,000,000 $300,000
$100,000,000 $200,000,000 $250,000
$200,000,000 $300,000,000 $200,000
$300,000,000 $400,000,000 $150,000
$400,000,000 $500,000,000 $100,000
$500,000,000 $1,400,000,000 $50,000.
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 director
of the local government division of] 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 [he] shall certify the reduced
amounts as the qualifying counties' distributions.
F. Any interest accruing from the temporary
investment of the small counties assistance fund [prior to
September 15] shall be credited to the general fund.
[G. Immediately after distribution to qualifying
counties from the small counties assistance fund, but no later
than September 20 of each year, the unexpended or unencumbered
balance in the fund shall revert 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."