0001| HOUSE BILL 16 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DONALD L. WHITAKER | 0005| | 0006| | 0007| | 0008| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO SMALL CITIES ASSISTANCE; INCREASING THE ANNUAL | 0012| DISTRIBUTIONS TO QUALIFYING SMALL CITIES FROM THE SMALL CITIES | 0013| ASSISTANCE FUND. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 3-37A-3 NMSA 1978 (being Laws 1979, | 0017| Chapter 284, Section 3, as amended) is amended to read: | 0018| "3-37A-3. SMALL CITIES ASSISTANCE FUND--DISTRIBUTION.-- | 0019| A. The "small cities assistance fund" is created | 0020| within the state treasury. | 0021| B. On January 31 of each year, the local government | 0022| division of the department of finance and administration shall | 0023| certify to the taxation and revenue department the population | 0024| of each municipality in the state. | 0025| C. On or before June 10 of each year, the taxation | 0001| and revenue department shall compute the distribution share of | 0002| each qualifying municipality. The distribution share shall be | 0003| an amount equal to the product of the qualifying municipality's | 0004| population multiplied by the difference between the statewide | 0005| per capita average and the municipal per capita average less | 0006| the local tax effort of the qualifying municipality; provided | 0007| that the distribution share shall not exceed [thirty thousand | 0008| dollars ($30,000)] the maximum amount allowed; and provided | 0009| that any municipality with a population of less than ten | 0010| thousand which does not qualify for a distribution or any | 0011| qualifying municipality which qualifies for a distribution of | 0012| less than [fifteen thousand dollars ($15,000)] the minimum | 0013| amount shall receive a distribution of [fifteen thousand | 0014| dollars ($15,000)] the minimum amount; and provided further | 0015| that if the balance in the small cities assistance fund on the | 0016| preceding May 30 is less than the sum of the distribution | 0017| shares, [then] the taxation and revenue department shall | 0018| first reduce the distribution share of each municipality whose | 0019| distribution share is in excess of [fifteen thousand dollars | 0020| ($15,000)] the minimum amount in an amount calculated | 0021| according to the following formula: | 0022| municipal distribution share | 0023| in excess of [$15,000] the minimum amount X deficiency in | 0024| fund | 0025| _________________________________________ | 0001| | 0002| sum of municipal distribution | 0003| shares in excess of [$15,000] the minimum amount | 0004| | 0005| so long as no municipality's distribution share is reduced | 0006| below [fifteen thousand dollars ($15,000)] the minimum | 0007| amount, and until each municipality's distribution share is | 0008| reduced to [fifteen thousand dollars ($15,000)] the minimum | 0009| amount, if necessary; and provided further that if the sum of | 0010| the distribution shares when each share is reduced to [fifteen | 0011| thousand dollars ($15,000)] the minimum amount is still in | 0012| excess of the balance in the small cities assistance fund on | 0013| the preceding May 30, [then] the taxation and revenue de- | 0014| | 0015| partment shall reduce each municipality's [fifteen thousand | 0016| dollar ($15,000)] distribution share by a percentage equal to | 0017| a percentage computed by dividing the amount by which the fund | 0018| is insufficient by the sum of all the distribution shares. The | 0019| taxation and revenue department shall certify the amount of the | 0020| distribution shares to the state treasurer. | 0021| D. The state treasurer shall distribute from the | 0022| small cities assistance fund on or before June 15 of each year | 0023| to each qualifying municipality the amount certified by the | 0024| taxation and revenue department for each qualifying | 0025| municipality for the period ending May 30 of the preceding | 0001| year. | 0002| E. Immediately after distribution to municipalities | 0003| from the small cities assistance fund but no later than June 30 | 0004| of each year, the unexpended or unencumbered balance in the | 0005| small cities assistance fund remaining after the distribution | 0006| to the qualifying municipalities shall revert to the general | 0007| fund. | 0008| F. Funds distributed under this section shall be | 0009| placed in the general fund of the qualifying municipalities | 0010| receiving distributions. | 0011| G. As used in this section: | 0012| (1) "maximum amount" means for fiscal year | 0013| 1998, thirty-seven thousand dollars ($37,000); for fiscal year | 0014| 1999, forty-four thousand dollars ($44,000); and for fiscal | 0015| year 2000 and each fiscal year thereafter fifty thousand | 0016| dollars ($50,000); and | 0017| (2) "minimum amount" means for fiscal year 1998, | 0018| twenty thousand dollars ($20,000); for fiscal year 1999, | 0019| twenty-five thousand dollars ($25,000); and for fiscal year | 0020| 2000 and each fiscal year thereafter thirty thousand dollars | 0021| ($30,000)." | 0022| Section 2. EFFECTIVE DATE.--The effective date of the | 0023| provisions of this act is July 1, 1997. | 0024|  State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 3, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your TAXATION AND REVENUE COMMITTEE, to whom has | 0012| been referred | 0013| | 0014| HOUSE BILL 16 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, and thence referred to the | 0018| APPROPRIATIONS AND FINANCE COMMITTEE. | 0019| | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| | 0003| Jerry W. Sandel, Chairman | 0004| | 0005| | 0006| Adopted Not Adopted | 0007| (Chief Clerk) | 0008| (Chief Clerk) | 0009| | 0010| Date | 0011| | 0012| The roll call vote was 10 For 0 Against | 0013| Yes: 10 | 0014| Excused: Gonzales, Lujan, Porter | 0015| Absent: None | 0016| | 0017| | 0018| G:\BILLTEXT\BILLW_97\H0016 |