NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.



Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.





F I S C A L I M P A C T R E P O R T





SPONSOR: Russell DATE TYPED: 01/28/00 HB 63
SHORT TITLE: Property Tax Debt Rates SB
ANALYST: Williams


REVENUE



Estimated Revenue
Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY00 FY01
See Text



(Parenthesis ( ) Indicate Revenue Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



Taxation and Revenue Department (TRD)

Department of Finance and Administration (DFA)



SUMMARY



Synopsis of Bill



Endorsed by the Revenue Stabilization and Tax Policy Committee. This bill would require separate property tax rates for operating and debt service and requires the appropriate use of funds according to the type of tax rate. Effectively, this bill would not permit local governments to switch a general operating levy to pay debt service on general obligation bonds. The bill would require the established debt levy to be sufficient to meet debt service requirements to prohibit local governments from over taxing property owners. Also prohibits local governments from establishing an artificially high operating levy with the intent of using the operating revenue to pay debt service. Effective date would be 90 days following close of the session and would first apply to tax levies issued in November 2000.



Significant Issues



By switching components of levies from one category to another, local governments can avoid yield control limits. According to DFA, Bernalillo County is the only local government that sets a zero debt service levy and increases the operating levy by the same amount, then wipes out the debt service cash balance to pay debt service payments in order to increase revenue in the general fund.



FISCAL IMPLICATIONS



According to the Taxation and Revenue Department, no direct fiscal impact on state government. Potential effects on local governments are discussed in attached their fiscal impact report. According to DFA, over a four year period, Bernalillo County taxpayers paid approximately $14,000.0 more in property taxes due to this type of swap arrangement.



ADMINISTRATIVE IMPLICATIONS



None for the Taxation and Revenue Department.



AW/njw