New Mexico 2025 Regular Session

New Mexico House Bill HB292 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 292
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3030 TH LEGISLATURE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Elaine Sena Cortez and Jonathan A. Henry and Mark B. Murphy
4848 and Jay C. Block and John Block
4949 AN ACT
5050 RELATING TO TAXATION; CREATING THE ALL CITIES AND COUNTIES FUND
5151 TO TRANSFER A PORTION OF GROSS RECEIPTS TAX REVENUE TO
5252 MUNICIPALITIES AND COUNTIES; DISTRIBUTING A PORTION OF GROSS
5353 RECEIPTS TAX REVENUE TO THE ALL CITIES AND COUNTIES FUND.
5454 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5555 SECTION 1. [NEW MATERIAL] ALL CITIES AND COUNTIES FUND--
5656 CREATED.--
5757 A. The "all cities and counties fund" is created in
5858 the state treasury.
5959 B. The taxation and revenue department shall
6060 calculate an amount to be transferred to each municipality in
6161 an amount equal to the result of the following formula, where
6262 "municipality" is the municipality receiving the transfer and
6363 "county" is the county in which the municipality is located;
6464 .229176.1 underscored material = new
6565 [bracketed material] = delete
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9191 provided that if a municipality is located in more than one
9292 county, a transfer shall be calculated for each county in which
9393 the municipality is located:
9494 municipality population * (0.7 * (fund balance/state
9595 population) + 0.3 * (((county EGRTR/all county EGRTR) *
9696 fund balance)/county population)).
9797 C. The taxation and revenue department shall
9898 calculate an amount to be transferred to each county in an
9999 amount equal to the result of the following formula:
100100 county area population * (0.7 * (fund balance/state
101101 population) + 0.3 * (((county EGRTR/all county EGRTR) *
102102 fund balance)/county population)).
103103 D. By October 1, 2026 and October 1 of each year
104104 thereafter, the taxation and revenue department shall certify
105105 to the state treasurer the amounts to be transferred to each
106106 municipality and county as calculated pursuant to Subsections B
107107 and C of this section.
108108 E. By November 1, 2026 and November 1 of each year
109109 thereafter, the state treasurer shall transfer from the all
110110 cities and counties fund to each municipality and county the
111111 amounts certified by the taxation and revenue department.
112112 F. As used in this section:
113113 (1) "all county EGRTR" means the equalized
114114 gross receipts tax revenue of all counties;
115115 (2) "county area population" means the
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144144 population in that portion of a county located outside the
145145 boundaries of any municipality according to the most recent
146146 estimate of the resident population for incorporated places as
147147 published by the United States census bureau, except that for H
148148 class counties, "county area population" means the population
149149 of the entire county;
150150 (3) "county EGRTR" means the equalized gross
151151 receipts tax revenue of the county receiving a transfer
152152 pursuant to this section or, in the case of a municipality
153153 receiving a transfer pursuant to this section, of the county in
154154 which the municipality is located;
155155 (4) "county population" means the population
156156 of a county according to the most recent estimate of the
157157 resident population of incorporated places as published by the
158158 United States census bureau;
159159 (5) "equalized gross receipts tax revenue"
160160 means the net receipts received by the taxation and revenue
161161 department in the prior fiscal year, subject to any increase or
162162 decrease made pursuant to Section 7-1-6.15 NMSA 1978,
163163 attributable to a county local option gross receipts tax rate
164164 of one-fourth percent;
165165 (6) "fund balance" means the amount of money
166166 in the all cities and counties fund as of the end of the fiscal
167167 year that precedes the date a transfer is required to be made
168168 pursuant to this section;
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197197 (7) "municipality population" means the
198198 population of a municipality according to the most recent
199199 estimate of the resident population for incorporated places as
200200 published by the United States census bureau; provided that if
201201 a municipality is located in more than one county,
202202 "municipality population" means the population of the
203203 municipality within each of the counties; and
204204 (8) "state population" means the population of
205205 the state of New Mexico according to the most recent estimate
206206 of the resident population for incorporated places as published
207207 by the United States census bureau.
208208 SECTION 2. A new section of the Tax Administration Act is
209209 enacted to read:
210210 "[NEW MATERIAL] DISTRIBUTION--ALL CITIES AND COUNTIES
211211 FUND.--A distribution pursuant to Section 7-1-6.1 NMSA 1978
212212 shall be made to the all cities and counties fund in an amount
213213 equal to eight percent of the net receipts attributable to the
214214 gross receipts tax distributable to the general fund."
215215 SECTION 3. EFFECTIVE DATE.--The effective date of the
216216 provisions of this act is July 1, 2025.
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