0001|      HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0002|                            HOUSE BILL 502
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0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
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0004|                                   
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0005|     
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0006|     
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0007|                                   
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING
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0013|     THE SMALL COUNTIES ASSISTANCE ACT TO RAISE THE POPULATION
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0014|     ELIGIBILITY THRESHOLD.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 4-61-3 NMSA 1978 (being Laws 1982,
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0018|     Chapter 44, Section 3, as amended) is amended to read:
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0019|          "4-61-3.  SMALL COUNTIES ASSISTANCE FUND--DISTRIBUTION.--
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0020|               A.  The "small counties assistance fund" is created
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0021|     within the state treasury.
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0022|               B.  On <s>[July 1, 1982 and on]</s> July 1 of each year
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0023|     <s>[thereafter]</s>, the local government division of the
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0024|     department of finance and administration shall certify to the
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0025|     state treasurer the population of the state and the population
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<center>- 1 -</center>0001|     of each county in the state.
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0002|               C.  On <s>[September 1, 1982 and on]</s> September 1 of
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0003|     each year <s>[thereafter]</s>, the local government division of the
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0004|     department of finance and administration shall certify to the
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0005|     state treasurer the revenue amounts received by each
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0006|     qualifying county in the fiscal year ended on the preceding
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0007|     June 30 from property taxes for general county purposes
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0008|     imposed under the Property Tax Code and taxes imposed under
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0009|     the Oil and Gas Ad Valorem Production Tax Act, the Oil and Gas
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0010|     Production Equipment Ad Valorem Tax Act and the Copper
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0011|     Production Ad Valorem Tax Act for general county purposes.
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0012|               D.  On or before <s>[September l5, l982 and on or
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<s></s>0013| <s>    before]</s> September l5 of each year <s>[thereafter]</s>, the state
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0014|     treasurer shall distribute to each qualifying county from the
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0015|     small counties assistance fund an amount certified to him by
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0016|     the director of the local government division of the
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0017|     department of finance and administration.  The distribution to
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0018|     a qualifying county shall be an amount equal to the amount by
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0019|     which the product of multiplying a county's population by
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0020|     twenty-five dollars ($25.00) exceeds thirty percent of the
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0021|     total of the revenue amounts certified for that county under
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0022|     Subsection C of this section, subject to the following:
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0023|                    (1)  if the calculated distribution for a
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0024|     class C or first class county exceeds two hundred thousand
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0025|     dollars ($200,000), it shall be reduced to two hundred
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<center>- 2 -</center>0001|     thousand dollars ($200,000);
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0002|                    (2)  if the calculated distribution for a class
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0003|     B county exceeds one hundred fifty thousand dollars ($150,000),
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0004|     it shall be reduced to one hundred fifty thousand dollars
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0005|     ($150,000);
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0006|                    (3)  if the calculated distribution for a first
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0007|     class county is:
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0008|                         (a)  zero or less than zero or that county
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0009|     has a population of not more than <s>[twelve thousand five
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<s></s>0010| <s>    hundred]</s> <u>fifteen thousand</u>, it shall be two hundred thousand
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0011|     dollars ($200,000); or
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0012|                         (b)  greater than zero but less than two
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0013|     hundred thousand dollars ($200,000), it shall be increased to two
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0014|     hundred thousand dollars ($200,000);
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0015|                    (4)  if the calculated distribution for a class
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0016|     C county is greater than zero but less than two hundred thousand
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0017|     dollars ($200,000) or that county has a population of not more
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0018|     than <s>[twelve thousand five hundred]</s> <u>fifteen thousand</u>, it
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0019|     shall be increased to two hundred thousand dollars ($200,000);
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0020|     and
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0021|                    (5)  if the calculated distribution for a class
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0022|     B county is greater than zero but less than one hundred thousand
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0023|     dollars ($100,000) or that county has a population of not more
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0024|     than <s>[twelve thousand five hundred]</s> <u>fifteen thousand</u>, it
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0025|     shall be increased to one hundred thousand dollars ($100,000).
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<center>- 3 -</center>0001|               E.  If the balance in the small counties assistance
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0002|     fund as of the preceding August 31 is less than the sum of the
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0003|     distributions to be made to qualifying counties, the director of
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0004|     the local government division of the department of finance and
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0005|     administration shall reduce each qualifying county's calculated
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0006|     distribution by a percentage computed by dividing the amount by
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0007|     which the fund is insufficient by the sum of all the calculated
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0008|     distributions and <s>[he]</s> shall certify the reduced amounts as the
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0009|     qualifying counties' distributions.
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0010|               F.  Any interest accruing from the temporary
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0011|     investment of the small counties assistance fund prior to
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0012|     September 15 shall be credited to the general fund.
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0013|               G.  Immediately after distribution to qualifying
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0014|     counties from the small counties assistance fund, but no later
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0015|     than September 20 of each year, the unexpended or unencumbered
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0016|     balance in the fund shall revert to the general fund."
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0017|                               
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