SENATE BILL 7

52nd legislature - STATE OF NEW MEXICO - second special session, 2016

INTRODUCED BY

John Arthur Smith and Stuart Ingle

AN ACT

RELATING TO THE STATE FISC; TEMPORARILY SUSPENDING GROWTH OF CERTAIN DISTRIBUTIONS TO THE RETIREE HEALTH CARE FUND; REPEALING A MONTHLY DISTRIBUTION OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) TO THE RETIREE HEALTH CARE FUND PURSUANT TO SECTION 7-1-6.56 NMSA 1978 (BEING LAWS 2007, CHAPTER 168, SECTION 1, AS AMENDED); HALTING THE GRADUAL INCREASES IN THE TRANSFER FROM THE FIRE PROTECTION FUND TO THE FIRE PROTECTION GRANT FUND; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-1-6.30 NMSA 1978 (being Laws 1990, Chapter 6, Section 20, as amended) is amended to read:

     "7-1-6.30. DISTRIBUTION--RETIREE HEALTH CARE FUND.--[For the period ending June 30, 2002, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the retiree health care fund in an amount equal to one-twelfth of one hundred six percent of the total amount distributed to the retiree health care fund in the previous fiscal year. For the fiscal year beginning July 1, 2002 and subsequent fiscal years]

          A. Beginning January 1, 2017 and prior to July 1, 2019, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the retiree health care fund in an amount equal to one-twelfth of the total amount distributed to the retiree health care fund beginning July 1, 2015 and prior to July 1, 2016.

          B. Beginning July 1, 2019, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the retiree health care fund in an amount equal to one-twelfth of one hundred twelve percent of the total amount distributed to the retiree health care fund in the previous fiscal year."

     SECTION 2. Section 59A-53-5.2 NMSA 1978 (being Laws 2007, Chapter 152, Section 1, as amended) is amended to read:

     "59A-53-5.2. APPROPRIATIONS AND TRANSFERS FROM THE FIRE PROTECTION FUND.--

          A. For each fiscal year, the amount to be distributed by the marshal pursuant to Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978 is appropriated from the fire protection fund to the [commission] superintendent for the purpose of making the distributions.

          B. For the purposes of Subsections C and D of this section, the "remaining balance in the fire protection fund" shall be calculated on June 30 of each year and shall equal the balance of the fund on that date less the sum of:

                (1) the total amount to be distributed during the succeeding fiscal year pursuant to Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978; and

                (2) the total amount of other appropriations from the fire protection fund for the succeeding fiscal year.

          C. On the following dates, the following percentages of the remaining balance in the fire protection fund shall be transferred from the fire protection fund to the fire protection grant fund:

                (1) on June 30, 2007, six and seven-tenths percent;

                (2) on June 30, 2008, thirteen and four-tenths percent;

                (3) on June 30, 2009, thirteen and four-tenths percent;

                (4) on June 30, 2010, thirteen and four-tenths percent;

                (5) on June 30, 2011, thirteen and four-tenths percent;

                (6) on June 30, 2012, thirteen and four-tenths percent;

                (7) on June 30, 2013, twenty and one-tenth percent;

                (8) on June 30, 2014, twenty-six and eight-tenths percent;

                (9) on June 30, 2015, thirty-three and five-tenths percent; and

                (10) on June 30, 2016, and on each subsequent June 30, forty and two-tenths percent

                [(11) on June 30, 2017, forty-six and nine-tenths percent 

                (12) on June 30, 2018, fifty-three and six-tenths percent;

                (13) on June 30, 2019, sixty and three-tenths percent;

                (14) on June 30, 2020, sixty-seven percent;

                (15) on June 30, 2021, seventy-three and seven-tenths percent;

                (16) on June 30, 2022, eighty and four-tenths percent;

                (17) on June 30, 2023, eighty-seven and one-tenth percent;

                (18) on June 30, 2024, ninety-three and eight-tenths percent; and

                (19) on June 30, 2025, and on each subsequent June 30, one hundred percent].

          D. On June 30 of each year, the remaining balance in the fire protection fund, less the amount to be transferred on that date pursuant to Subsection C of this section, shall be transferred to the general fund [provided that no transfer shall be made pursuant to this subsection after June 30, 2024]."

     SECTION 3. REPEAL.--Section 7-1-6.56 NMSA 1978 (being Laws 2007, Chapter 168, Section 1, as amended) is repealed effective January 1, 2017.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2017.

     SECTION 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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