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

SPONSOR Crook

ORIGINAL DATE

LAST UPDATED

2/3/08

HB 140

SHORT TITLE Soil & Water Supervisor Assessment Extension

SB

ANALYST Cox/Wilson

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

HB 140 duplicates SB 512

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Department of Agriculture (NMDA)

SUMMARY

Synopsis of Bill

House Bill 140 amends the Soil and Water Conservation District Act to allow soil and water

conservation districts (SWCD) to extend mill levy assessments by resolution of the board of

supervisors, subject to approval of the soil and water conservation commission.

This Bill relates to Soil and Water Conservation Districts and their ability to make a continuing

monetary assessment, in times of needs.

This House Bill requests the removal of certain language. The requested removal relates to the

requirement of calling another ‘District Election’ when Districts are unable to meet expenses.

The new language requests striking the old ’election’ provisions mentioned above. This Bill

would then add an ‘extension of time to the period authorized’ as determined by the District’s

supervisors.

FISCAL IMPLICATIONS

Valuable time and money might be saved in these Soil and Water Conservation Districts by

eliminating ‘election provisions’. These would relate to costs and timing of elections.

House Bill 140 – Page

2

SIGNIFICANT ISSUES

This Bill strikes the need for elections when Soil and/or Water Conservation Districts cannot

meet expenses, relating to previous Assessments.

The striking of these election provisions begins on Page 2, line 16 after the words “new

resolution, and continues to Page 3, line 4, including the words “renewal is necessary".

On Page 3, line 4, the phrase “extending the period of time originally authorized." has been

added.

This Bill strengthens the powers of the supervisors in each Soil and/or Water conservation

Districts. At the same time, this Bill also diminishes the powers of each District’s voters.

NMDA notes:

A majority of the supervisors on any SWCD board are elected by voters in the district. District

funds, regardless of origin, are spent according to a budget approved by the Local Government

Division of the Department of Finance and Administration.

TECHNICAL ISSUES

The exact language of this Bill contemplated deletions and insertions are as follows:

On Page 2, line 11 below:

After the initial authorization is approved by referendum, the supervisors shall adopt a

resolution in each following year authorizing the levy. To extend an assessment beyond

the period of time originally authorized and approved by referendum, the supervisors

shall adopt a new resolution [and the district voters shall approve it in a referendum. The

extension shall be for the same period of time as originally approved, but the rate of the

tax may be different as long as it does not exceed on

e dollar ($1.00) on each one

tho

u

sand dollars ($1,000) of net taxable value of real property within the district, except

that real property within incorporated municipalities in the district may be excluded. If

the district is indebted to the United States

or the state or any of their respective agencies

or instrumentalities, including the New Mexico finance authority, at the time of the

expir

a

tion of the original authorization, the supervisors may renew the assessment by

resolution for a period not to exce

ed the maturity date of the indebtedness, and no

referendum for that renewal is necessary

] extending the period of time originally

authorized

.

DUPLICATE RELATIONSHIP

House Bill 140 is a duplicate to Senate Bill 512

PRC/mt