0001| SENATE BILL 1129
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| BEN D. ALTAMIRANO
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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| AN ACT
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0011| RELATING TO THE TAXATION AND REVENUE DEPARTMENT; AUTHORIZING
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0012| THE WITHHOLDING OF AN ADMINISTRATIVE FEE ON CERTAIN
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0013| DISTRIBUTIONS; PROVIDING FOR THE DISTRIBUTION OF THE
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0014| ADMINISTRATIVE FEE WITHHELD; AUTHORIZING THE NEW MEXICO FINANCE
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0015| AUTHORITY TO ISSUE REVENUE BONDS; AMENDING AND ENACTING
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0016| SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS; DECLARING AN
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0017| EMERGENCY.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. A new section of the Tax Administration Act is
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0021| enacted to read:
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0022| "[NEW MATERIAL] ADMINISTRATIVE FEE IMPOSED--
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0023| APPROPRIATION.--
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0024| A. The taxation and revenue department is directed
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0025| to withhold an administrative fee of three percent of the net
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0001| amount to be distributed under the provisions of:
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0002| (1) Section 7-1-6.4 NMSA 1978;
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0003| (2) Section 7-1-6.5 NMSA 1978;
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0004| (3) Section 7-1-6.32 NMSA 1978;
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0005| (4) Section 66-12-20 NMSA 1978; and
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0006| (5) Section 74-1-13 NMSA 1978.
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0007| B. The administrative fee shall be withheld on
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0008| distributions made on or after July 1, 1997 and shall continue
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0009| until the earlier of June 30, 2003 or the date on which the New
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0010| Mexico finance authority certifies to the taxation and revenue
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0011| department that all obligations for bonds issued pursuant to
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0012| Section 8 of this act have been fully discharged and directs
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0013| the department to cease distributing money to the authority
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0014| pursuant to this section.
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0015| C. The administrative fee shall be distributed
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0016| monthly to the New Mexico finance authority to be pledged
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0017| irrevocably for the payment of principal, interest and any
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0018| expenses or obligations related to the bonds issued by the
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0019| authority to finance the taxation and revenue information
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0020| management systems project."
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0021| Section 2. Section 7-1-6.4 NMSA 1978 (being Laws 1983,
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0022| Chapter 211, Section 9, as amended) is amended to read:
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0023| "7-1-6.4. DISTRIBUTION--MUNICIPALITY FROM GROSS RECEIPTS
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0024| TAX.--
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0025| A. Except as provided in Subsection B of this
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0001| section, a distribution pursuant to Section 7-1-6.1 NMSA 1978
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0002| shall be made to each municipality in an amount, subject to any
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0003| increase or decrease made pursuant to Section 7-1-6.15 NMSA
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0004| 1978, and deduction of any administrative fee pursuant to
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0005| Section 1 of this act, equal to the product of the quotient of
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0006| one and two hundred twenty-five thousandths percent divided by
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0007| the tax rate imposed by Section 7-9-4 NMSA 1978 times the net
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0008| receipts for the month attributable to the gross receipts tax
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0009| from business locations:
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0010| (1) within that municipality;
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0011| (2) on land owned by the state, commonly known
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0012| as the "state fair grounds", within the exterior boundaries of
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0013| that municipality;
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0014| (3) outside the boundaries of any municipality
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0015| on land owned by that municipality; and
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0016| (4) on an Indian reservation or pueblo grant
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0017| in an area that is contiguous to that municipality and in which
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0018| the municipality performs services pursuant to a contract
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0019| between the municipality and the Indian tribe or Indian pueblo
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0020| if:
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0021| (a) the contract describes an area in
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0022| which the municipality is required to perform services and
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0023| requires the municipality to perform services that are
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0024| substantially the same as the services the municipality
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0025| performs for itself; and
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0001| (b) the governing body of the
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0002| municipality has submitted a copy of the contract to the
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0003| secretary.
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0004| B. If the reduction made by Laws 1991, Chapter 9,
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0005| Section 9 or by Section 1 of this 1997 act to the
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0006| distribution under this section impairs the ability of a
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0007| municipality to meet its principal or interest payment
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0008| obligations for revenue bonds outstanding prior to [July 1,
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1991] the effective date of the applicable act that are
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0010| secured by the pledge of all or part of the municipality's
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0011| revenue from the distribution made under this section, then the
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0012| amount distributed pursuant to this section to that
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0013| municipality shall be increased by an amount sufficient to meet
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0014| any required payment, provided that the distribution amount
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0015| does not exceed the amount that would have been due that
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0016| municipality under this section as it was in effect on [June
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30, 1992] the date prior to the effective date of the
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0018| applicable act."
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0019| Section 3. Section 7-1-6.5 NMSA 1978 (being Laws 1983,
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0020| Chapter 214, Section 6, as amended) is amended to read:
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0021| "7-1-6.5. DISTRIBUTION--SMALL COUNTIES ASSISTANCE FUND.--
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0022| A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be
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0023| made to the small counties assistance fund in an amount equal
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0024| to ten percent of the net receipts attributable to the
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0025| compensating tax less any administrative fee deducted pursuant
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0001| to Section 1 of this act."
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0002| Section 4. Section 7-1-6.32 NMSA 1978 (being Laws 1990,
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0003| Chapter 99, Section 44) is amended to read:
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0004| "7-1-6.32. DISTRIBUTION--SOLID WASTE ASSESSMENT FEE.--A
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0005| distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be
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0006| made to the solid waste facility grant fund of the net receipts
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0007| attributable to the solid waste assessment fee authorized under
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0008| the Solid Waste Act less any administrative fee deducted
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0009| pursuant to Section 1 of this act."
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0010| Section 5. Section 7-2C-12 NMSA 1978 (being Laws 1985,
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0011| Chapter 106, Section 12, as amended) is amended to read:
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0012| "7-2C-12. ADMINISTRATIVE COSTS--CHARGES APPROPRIATED TO
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0013| DEPARTMENT.--
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0014| A. The department [may] shall charge claimant
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0015| agencies [for the costs incurred by the department in setting
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off] an administrative fee of three percent of the debts for
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0017| the claimant agencies pursuant to the Tax Refund Intercept
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0018| Program Act. [The department shall determine those costs, and
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the determination of the department shall be conclusive.
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Claimant agencies shall pay to the department any charges made,
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and these payments are appropriated to the department for use
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in administering the Tax Refund Intercept Program Act.]
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0023| B. The administrative fee authorized pursuant to
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0024| Subsection A of this section shall be withheld on all debts set
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0025| off and collected by the department on or after July 1, 1997
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0001| and shall be distributed monthly to the New Mexico finance
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0002| authority to be pledged irrevocably for the payment of the
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0003| principal, interest and expenses or other obligations related
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0004| to the bonds for the taxation and revenue information
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0005| management systems project. That distribution shall continue
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0006| until the earlier of June 30, 2003 or the date on which the New
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0007| Mexico finance authority certifies to the department that all
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0008| obligations for bonds issued pursuant to Section 8 of this act
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0009| have been fully discharged or provision has been made for their
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0010| discharge and directs the department to cease distributing the
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0011| money from the fee pursuant to Subsection A of this section to
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0012| the authority. Thereafter, the administrative fees are
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0013| appropriated to the department for use in administering the Tax
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0014| Refund Intercept Program Act."
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0015| Section 6. Section 66-12-20 NMSA 1978 (being Laws 1959,
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0016| Chapter 338, Section 19, as amended) is amended to read:
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0017| "66-12-20. DISPOSITION OF FEES.--The fees collected under
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0018| the provisions of the Boat Act, after deduction of any
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0019| administrative fee pursuant to Section 1 of this act, shall be
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0020| covered into the state park and recreation fund."
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0021| Section 7. Section 74-1-13 NMSA 1978 (being Laws 1993,
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0022| Chapter 317, Section 2) is amended to read:
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0023| "74-1-13. WATER CONSERVATION FEE--IMPOSITION--
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0024| DEFINITIONS.--
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0025| A. There is imposed on every person who operates a
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0001| public water supply system a water conservation fee in an
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0002| amount equal to three cents ($.03) per thousand gallons of
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0003| water produced on which the fee imposed by this subsection has
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0004| not been paid.
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0005| B. The "water conservation fund" is created in the
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0006| state treasury and shall be administered by the department of
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0007| environment. The fund shall consist of water conservation fees
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0008| collected pursuant to this section. Balances in the fund at
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0009| the end of any fiscal year shall not revert to the general fund
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0010| but shall accrue to the credit of the fund. Earnings on the
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0011| fund shall be credited to the fund.
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0012| C. Money in the water conservation fund is
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0013| appropriated to the department of environment for
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0014| administration of a public water supply program to:
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0015| (1) test public water supplies for the
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0016| contaminants required to be tested pursuant to the provisions
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0017| of Section 1412 of the federal Safe Drinking Water Act, [and]
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0018| as finalized through July 1, 1992, and collect chemical
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0019| compliance samples as required by those provisions of the
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0020| federal act;
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0021| (2) perform vulnerability assessments which
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0022| will be used to assess a public water supply's susceptibility
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0023| to those contaminants; and
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0024| (3) implement new requirements of the Utility
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0025| Operators Certification Act and provide training for all public
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0001| water supply operators.
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0002| D. The taxation and revenue department shall
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0003| provide by regulation for the manner and form of collection of
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0004| the water conservation fee. All water conservation fees
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0005| collected by the taxation and revenue department, less any
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0006| administrative fee imposed pursuant to Section 1 of this act,
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0007| shall be deposited in the water conservation fund.
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0008| E. The fee imposed by this section shall be
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0009| administered in accordance with the provisions of the Tax
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0010| Administration Act and shall be paid to the taxation and
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0011| revenue department by each person who operates a public water
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0012| supply system in the manner required by the department on or
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0013| before the twenty-fifth day of the month following the month in
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0014| which the water is produced.
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0015| F. Each operator of a public water supply system
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0016| shall register and comply with the provisions of Section 7-1-12
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0017| NMSA 1978 and furnish such information as may be required by
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0018| the taxation and revenue department.
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0019| G. As used in this section:
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0020| (1) "person" means any individual or legal
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0021| entity and also means, to the extent permitted by law, any
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0022| federal, state or other governmental unit or subdivision or an
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0023| agency, department or instrumentality thereof; and
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0024| (2) "public water supply system" means a
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0025| system that provides piped water to the public for human
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0001| consumption and that has at least fifteen service connections
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0002| or regularly services an average of at least twenty-five
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0003| individuals at least sixty days per year."
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0004| Section 8. NEW MEXICO FINANCE AUTHORITY REVENUE BONDS--
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0005| PURPOSE--APPROPRIATION.--
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0006| A. The New Mexico finance authority may issue and
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0007| sell revenue bonds in compliance with the New Mexico Finance
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0008| Authority Act in installments or at one time in a total amount
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0009| not exceeding thirty-three million seven hundred nine thousand
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0010| eight hundred dollars ($33,709,800) for the purpose of
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0011| financing the taxation and revenue information management
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0012| systems project.
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0013| B. The New Mexico finance authority may issue and
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0014| sell revenue bonds authorized by this section from time to time
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0015| when the secretary of taxation and revenue, with the
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0016| concurrence of the legislative finance committee, certifies the
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0017| need for issuance of the bonds. The net proceeds from the sale
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0018| of the bonds are appropriated to the taxation and revenue
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0019| department for the purpose of financing the taxation and
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0020| revenue information management systems project.
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0021| C. The revenue from administrative fees distributed
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0022| monthly to the New Mexico finance authority shall be pledged
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0023| irrevocably for the payment of the principal, interest and any
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0024| expenses or other obligations related to the bonds.
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0025| D. The administrative fees distributed to the New
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0001| Mexico finance authority shall be deposited in a separate fund
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0002| or account of the authority. Upon payment of all principal,
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0003| interest and any other expenses or obligations related to the
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0004| bonds, the authority shall certify to the taxation and revenue
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0005| department that all obligations for the bonds issued pursuant
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0006| to this section have been fully discharged or provision has
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0007| been made for their discharge and direct the department to
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0008| cease the distributions to the authority of administrative fees
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0009| pursuant to Sections 1 and 5 of this act.
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0010| E. Any law authorizing the imposition or
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0011| distribution of the administrative fees or that affects the
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0012| administrative fees shall not be amended, repealed or otherwise
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0013| directly or indirectly modified so as to impair any outstanding
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0014| revenue bonds that may be secured by a pledge of the
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0015| administrative fees, unless the revenue bonds have been
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0016| discharged in full or provision has been made for a full
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0017| discharge.
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0018| F. The New Mexico finance authority is authorized
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0019| to make an interim cash loan from the public project revolving
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0020| fund in an amount not to exceed two million five hundred
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0021| thousand dollars ($2,500,000) prior to issuance of the bonds
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0022| pursuant to this section.
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0023| Section 9. EFFECTIVE DATE.--The effective date of the
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0024| provisions of Sections 1 through 7 of this act is July 1, 1997.
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0025| Section 10. EMERGENCY.--It is necessary for the public
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0001| peace, health and safety that this act take effect immediately.
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 5, 1997
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0012|
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0013| Mr. President:
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0014|
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0015| Your FINANCE COMMITTEE, to whom has been referred
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0016|
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0017| SENATE BILL 1129
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002| __________________________________
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0003| Ben D. Altamirano, Chairman
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0004|
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0005|
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0006|
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0007| Adopted_______________________ Not
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0008| Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012|
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0013| Date ________________________
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0014|
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0015|
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0016| The roll call vote was 6 For 0 Against
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0017| Yes: 6
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0018| No: None
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0019| Excused: Aragon, Ingle, Lyons, McKibben, Romero
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0020| Absent: None
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0021|
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0022|
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0023| S1129FC1
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0024|
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| March 10, 1997
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0006|
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0007| Mr. President:
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0008|
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0009| Your FINANCE COMMITTEE, to whom has been referred
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0010|
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0011| SENATE BILL 1129
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO NOT PASS, but that
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0015|
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0016| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0017| SENATE BILL 1129
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0018|
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0019| DO PASS.
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024| __________________________________
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0025| Ben D. Altamirano, Chairman
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0001|
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0002|
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0003| Adopted_______________________ Not Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010| The roll call vote was 7 For 1 Against
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0011| Yes: 7
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0012| No: McKibben
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0013| Excused: Eisenstadt, Ingle, Lyons
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0014| Absent: None
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0015|
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0016|
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0017| S1129FC2
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0018| FORTY-THIRD LEGISLATURE
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0019| FIRST SESSION
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0020|
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0021|
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0022| March 14, 1997
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0023|
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0024|
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0025| SENATE FLOOR AMENDMENT number _______ to
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0001| S
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0002| E
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0003| N
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0020| T
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0021| E
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0022| E
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0023| S
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0024| U
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0025| B
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0002| T
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0003| I
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0004| T
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0021| 1
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0023| 2
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0024| 9
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0025|
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0001| Amendment sponsored by Senator Pete Campos
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0002|
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0003|
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0004| 1. On page 2, line 7, strike "2005" and insert in lieu thereof
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0005| "2006".
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0006|
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0007| 2. On page 2, strike lines 13 through 17 and insert in lieu
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0008| thereof:
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0009|
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0010| "C. The taxation and revenue department is directed to
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0011| withhold an additional administrative fee at the following
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0012| percentage of the net amount to be distributed pursuant to the
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0013| following provisions of law:
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0014|
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0015| (1) two percent of the net amount to be distributed
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0016| pursuant to Section 7-1-6.12 NMSA 1978; and
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0017|
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0018| (2) six-tenths of one percent of the net amount to be
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0019| distributed pursuant to Section 7-1-6.13 NMSA 1978.".
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0020|
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0021| 3. On page 3, strike lines 2 through 6 and insert in lieu
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0022| thereof:
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0023|
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0024| "E. The administrative fee to be withheld by the taxation
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0025| and revenue department under Section 7-1-6.12 and 7-1-6.13 NMSA 1978
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0001| shall be set at three percent of the net amount to be distributed
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0002| pursuant to the provisions of those sections.".
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0003|
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0004| 4. On page 3, line 10, strike "2005" and insert in lieu
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0005| thereof "2006".
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0006|
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0007| 5. On page 4, lines 8 through 11, strike the brackets and
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0008| line-through, and on line 11, before "administrative" insert "and
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0009| any additional".
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0010|
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0011| 6. On page 4, line 12, before "Section" insert "Subsection C
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0012| of".
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0013|
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0014| 7. On page 4, lines 22 through 24, strike the brackets and
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0015| line-through and on line 25, before "administrative" insert "and any
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0016| additional".
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0017|
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0018| 8. On page 4, line 25, before "Section" insert "Subsection C
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0019| of".
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0020|
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0021|
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0022|
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0023|
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0024| __________________________
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0025| Pete Campos
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0001|
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0002|
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0003|
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0004| Adopted ___________________ Not Adopted _______________________
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007|
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0008| Date _________________
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0009| State of New Mexico
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0010| House of Representatives
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| March 18, 1997
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom
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0022| has been referred
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0023|
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0024| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0025| SENATE BILL 1129, as amended
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0001|
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0002| has had it under consideration and reports same with
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0003| recommendation that it DO PASS.
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0004|
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0005| Respectfully submitted,
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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| Max Coll, Chairman
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0011|
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0012|
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0013| Adopted Not Adopted
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0014| (Chief Clerk)
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0015| (Chief Clerk)
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0016|
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0017| Date
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0018|
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0019| The roll call vote was 12 For 0 Against
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0020| Yes: 12
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0021| Excused: Abeyta, Picraux, Salazar, Taylor,J.P., Wallace
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0022| Absent: None
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0023|
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0024|
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0025| G:\BILLTEXT\BILLW_97\S1129
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