44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO GOVERNMENT ORGANIZATION; TRANSFERRING THE BUREAU OF BUSINESS AND ECONOMIC RESEARCH TO THE ECONOMIC DEVELOPMENT DEPARTMENT; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 4-61-2 NMSA 1978 (being Laws 1982, Chapter 44, Section 2, as amended) is amended to read:

"4-61-2. DEFINITIONS.--As used in the Small Counties Assistance Act:

A. "population" means the official population shown by the most recent federal decennial census or, if there is a change in boundaries after the date of the census, "population" for each affected unit shall be the most current

estimated population for that unit provided in writing by the bureau of business and economic research [at the university of New Mexico] of the economic development department; provided that after five years from the first day of the calendar year of the most recent federal decennial census, that census shall not be used and "population" for the period from that date until the date when the next following official final decennial census population data are available shall be the most current estimated population provided in writing by the bureau of business and economic research [at the university of New Mexico] of the economic development department; and

B. "qualifying county" means a county that has:

(1) for the property tax year in which any distribution under the Small Counties Assistance Act is made to the county, imposed a property tax rate for general county purposes pursuant to Paragraph (1) of Subsection B of Section 7-37-7 NMSA 1978 as limited by Section 7-37-7.1 NMSA 1978 of at least eight dollars eighty-five cents ($8.85) per one thousand dollars ($1,000) of net taxable value;

(2) by July 1 of the property tax year in which any distribution under the Small Counties Assistance Act is made to the county, received a written certification from the director of the property tax division of the taxation and revenue department that the county assessor of that county has implemented an acceptable program of maintaining current and correct property values for property taxation purposes as required by Section 7-36-16 NMSA 1978 or has submitted to the director an acceptable plan for the implementation of such a program; and

(3) on July 1 of the year in which any distribution under the Small Counties Assistance Act is made to the county, a population of not more than forty-five thousand five hundred."

Section 2. Section 7-1-6.16 NMSA 1978 (being Laws 1983, Chapter 213, Section 27, as amended) is amended to read:

"7-1-6.16. COUNTY EQUALIZATION DISTRIBUTION.--

A. Beginning on September 15, 1989 and on September 15 of each year thereafter, the department shall distribute to any county that has imposed or continued in effect during the state's preceding fiscal year a county gross receipts tax pursuant to [the County Gross Receipts Tax Act] Section 7-20E-9 NMSA 1978 an amount equal to:

(1) the product of a fraction, the numerator of which is the county's population and the denominator of which is the state's population, multiplied by the annual sum for the county; less

(2) the net receipts received by the department during the report year, including any increase or decrease made pursuant to Section 7-1-6.15 NMSA 1978, attributable to the county gross receipts tax at a rate of one-eighth percent. Provided that for any month in the report year, if no county gross receipts tax was in effect in the county in the previous month, the net receipts, for the purposes of this section, for that county for that month shall be zero.

B. If the amount determined by the calculation in Subsection A of this section is zero or a negative number for a county, no distribution shall be made to that county.

C. As used in this section:

(1) "annual sum" means for each county the sum of the monthly amounts for those months in the report year which follow a month in which the county had in effect a county gross receipts tax;

(2) "monthly amount" means an amount equal to the product of the net receipts received by the department in the month attributable to the state gross receipts tax multiplied by a fraction, the numerator of which is one-eighth percent and the denominator of which is the tax rate imposed by Section 7-9-4 NMSA 1978 in effect on the last day of the previous month;

(3) "population" means the most recent official census or estimate determined by the bureau of the census for the unit or, if neither is available, the most current estimated population for the unit provided in writing by the bureau of business and economic research [at the university of New Mexico] of the economic development department; and

(4) "report year" means the twelve-month period ending on the July 31 immediately preceding the date upon which a distribution pursuant to this section is required to be made."

Section 3. A new section of the Economic Development Department Act is enacted to read:

"[NEW MATERIAL] BUREAU OF BUSINESS AND ECONOMIC RESEARCH--ESTABLISHED.--A "bureau of business and economic research" is established in the economic development department."

Section 4. TEMPORARY PROVISION--TRANSFERS OF PERSONNEL, PROPERTY, CONTRACTS AND OBLIGATIONS.--

A. On July 1, 1999, all personnel and money, appropriations, records, equipment, furniture, supplies and other property belonging to the bureau of business and economic research at the university of New Mexico are transferred to the bureau of business and economic research of the economic development department.

B. On July 1, 1999, all existing contracts and other obligations of the bureau of business and economic research at the university of New Mexico are transferred to the bureau of business and economic research of the economic development department.