44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO DETENTION FACILITIES; PROVIDING FUNDING FOR EMERGENCY NEEDS; CREATING A FUND; PROVIDING FOR DISTRIBUTIONS; PROVIDING POWERS AND DUTIES; MAKING APPROPRIATIONS.

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

Section 1. [NEW MATERIAL] RURAL DETENTION FACILITIES EMERGENCY FUND--CREATED--ALLOCATIONS--CRITERIA.--

A. The "rural detention facilities emergency fund" is created in the state treasury. The fund shall include transfers from the small counties assistance fund and the law enforcement protection fund as provided by law. Earnings from investment of the fund shall be credited to the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year. The fund shall be administered by the state board of finance, and money in the fund is appropriated to the board to provide funding for emergencies at local government detention facilities.

B. A local government may apply to the state board of finance for funding from the fund for emergency capital improvements or operational shortfalls. The board shall by rule provide for the criteria used to evaluate applications for funding from the rural detention facilities emergency fund. The criteria shall include:

(1) the application addresses an emergency;

(2) the project for which funding is sought addresses a health, safety or public welfare threat;

(3) conditions at the detention facility warrant an urgent response;

(4) the project for which funding is sought is designed to comply with fire code, the federal Americans with Disabilities Act of 1990 requirements and American correctional association minimal standards; and

(5) the local government does not have the capacity to raise the revenue needed for the emergency capital improvement or operational shortfall.

C. As used in this section, "local government" means a municipality under fifty thousand in population or a county other than a class A county.

Section 2. Section 4-61-3 NMSA 1978 (being Laws 1982, Chapter 44, Section 3, as amended) is amended to read:

"4-61-3. SMALL COUNTIES ASSISTANCE FUND--DISTRIBUTION.--

A. The "small counties assistance fund" is created within the state treasury.

B. On [July 1, 1982 and on] July 1 of each year [thereafter], the local government division of the department of finance and administration shall certify to the state treasurer the population of the state and the population of each county in the state.

C. On [September 1, 1982 and on] September 1 of each year [thereafter], the local government division of the department of finance and administration shall certify to the state treasurer the revenue amounts received by each qualifying county in the fiscal year ended on the preceding June 30 from property taxes for general county purposes imposed [under] pursuant to the Property Tax Code and taxes imposed [under] pursuant to the Oil and Gas Ad Valorem Production Tax Act, the Oil and Gas Production Equipment Ad Valorem Tax Act and the Copper Production Ad Valorem Tax Act for general county purposes.

D. On or before [September l5, l982 and on or before] September l5 of each year [thereafter], the state treasurer shall distribute to each qualifying county from the small counties assistance fund an amount certified to him by the director of the local government division of the department of finance and administration. The distribution to a qualifying county shall be an amount equal to the amount by which the product of multiplying a county's population by twenty-five dollars ($25.00) exceeds thirty percent of the total of the revenue amounts certified for that county [under] pursuant to Subsection C of this section, subject to the following:

(1) if the calculated distribution for a class C or first class county exceeds two hundred thousand dollars ($200,000), it shall be reduced to two hundred thousand dollars ($200,000);

(2) if the calculated distribution for a class B county exceeds one hundred fifty thousand dollars ($150,000), it shall be reduced to one hundred fifty thousand dollars ($150,000);

(3) if the calculated distribution for a first class county is:

(a) zero or less than zero or that county has a population of not more than twelve thousand five hundred, it shall be two hundred thousand dollars ($200,000); or

(b) greater than zero but less than two hundred thousand dollars ($200,000), it shall be increased to two hundred thousand dollars ($200,000);

(4) if the calculated distribution for a class C county is greater than zero but less than two hundred thousand dollars ($200,000) or that county has a population of not more than twelve thousand five hundred, it shall be increased to two hundred thousand dollars ($200,000); and

(5) if the calculated distribution for a class B county is greater than zero but less than one hundred thousand dollars ($100,000) or that county has a population of not more than twelve thousand five hundred, it shall be increased to one hundred thousand dollars ($100,000).

E. If the balance in the small counties assistance fund as of the preceding August 31 is less than the sum of the distributions to be made to qualifying counties, the director of the local government division of the department of finance and administration shall reduce each qualifying county's calculated distribution by a percentage computed by dividing the amount by which the fund is insufficient by the sum of all the calculated distributions and [he] shall certify the reduced amounts as the qualifying counties' distributions.

F. Any interest accruing from the temporary investment of the small counties assistance fund prior to September 15 shall be credited to the general fund.

G. Immediately after distribution to qualifying counties from the small counties assistance fund, but no later than September 20 of each year, the unexpended or unencumbered balance in the fund shall revert to the [general] rural detention facilities emergency fund."

Section 3. Section 29-13-3 NMSA 1978 (being Laws 1983, Chapter 289, Section 3, as amended) is amended to read:

"29-13-3. DISTRIBUTION OF CERTAIN INSURANCE [DEPARTMENT] COLLECTIONS--LAW ENFORCEMENT PROTECTION FUND CREATED.--There is created in the state treasury the "law enforcement protection fund". Ten percent of all money received for fees, licenses, penalties and taxes from life, general casualty and title insurance business pursuant to the New Mexico Insurance Code shall be paid daily to the state treasurer and by him credited to the fund. On or before June 30 of each year, the state treasurer shall transfer to the [general] rural detention facilities emergency fund any balance in the law enforcement protection fund in excess of one hundred thousand dollars ($100,000) that is not obligated and that is in excess of the amount certified by the division to be distributed from that fund."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.