Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Campos

DATE TYPED

2/6/04

HB

376/aHGUAC

 

SHORT TITLE

Amend Small Counties Assistance Act

SB

 

 

 

ANALYST

Gilbert

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

 

Recurring

General Fund

(Parenthesis ( ) Indicate Revenue Decreases)

 

SOURCES OF INFORMATION

LFC Files

 

Response Received From

Attorney General’s Office (AGO)

 

No Response From

Taxation and Revenue Department (TRD)

 

SUMMARY

 

Synopsis of HGUAC Amendment

 

The House Government and Urban Affairs Committee (HGUAC) amendment to House Bill 376 makes the following change to §4-61-3D NMSA 1978:

 

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 adjustment factor.

 


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:

$230,000,000

$1,400,000,000

under 48,000

$ 45,000.

$ 50,000

 

Synopsis of Original Bill

 

House Bill 376 amends the Small Counties Assistance Act, Section 4-61-2 NMSA 1978, by changing the formula by which the distribution amounts from the small counties assistance fund to qualifying counties are calculated.  To determine ceiling valuation for the property tax year, it eliminates reference to the assessed values determined pursuant the Oil and Gas Ad Valorem Production Tax Act, Oil and Gas Production Equipment Ad Valorem Tax Act, or the taxable value determined pursuant to the Copper Production Ad Valorem Tax Act.

 

Significant Issues

 

HB 376 may encourage growth in smaller counties, without impacting their distribution from the small counties assistance fund.

 

FISCAL IMPLICATIONS

 

The Taxation and Revenue Department (TRD) failed to respond to a January 30th LFC request for a bill analyses for HB 376. This fiscal impact report will be updated when additional information is received from TRD.

 

OTHER SUBSTANTIVE ISSUES

 

According to the AGO, it should be noted that pursuant to NMSA 1978, § 12-2A-10(A), any later-enacted statute amending the same statutory sections in this bill would govern over the provisions contained herein.  See State v. Smith, Ct. App. Nos. 24,253, 24,254, and 24,258 (filed (01/12/04), pet. for cert. pending.

 

 

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