New Mexico 2025 Regular Session

New Mexico Senate Bill SB243 Compare Versions

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2828 SENATE BILL 243
2929 57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
3030 INTRODUCED BY
3131 Larry R. Scott and James G. Townsend and Candy Spence Ezzell
3232 AN ACT
3333 RELATING TO TAXATION; CREATING THE ALL CITIES AND COUNTIES FUND
3434 TO TRANSFER A PORTION OF GROSS RECEIPTS TAX REVENUE TO
3535 MUNICIPALITIES AND COUNTIES; DISTRIBUTING A PORTION OF GROSS
3636 RECEIPTS TAX REVENUE TO THE ALL CITIES AND COUNTIES FUND.
3737 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3838 SECTION 1. [NEW MATERIAL
3939 ] ALL CITIES AND COUNTIES FUND--
4040 CREATED.--
4141 A. The "all cities and counties fund" is created in
4242 the state treasury.
4343 B. The taxation and revenue department shall
4444 calculate an amount to be transferred to each municipality in
4545 an amount equal to the result of the following formula, where
4646 "municipality" is the municipality receiving the transfer and
4747 "county" is the county in which the municipality is located;
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7575 provided that if a municipality is located in more than one
7676 county, a transfer shall be calculated for each county in which
7777 the municipality is located:
7878 municipality population * (0.7 * (fund balance/state
7979 population) + 0.3 * (((county EGRTR/all county EGRTR) *
8080 fund balance)/county population)).
8181 C. The taxation and revenue department shall
8282 calculate an amount to be transferred to each county in an
8383 amount equal to the result of the following formula:
8484 county area population * (0.7 * (fund balance/state
8585 population) + 0.3 * (((county EGRTR/all county EGRTR) *
8686 fund balance)/county population)).
8787 D. By October 1, 2026 and October 1 of each year
8888 thereafter, the taxation and revenue department shall certify
8989 to the state treasurer the amounts to be transferred to each
9090 municipality and county as calculated pursuant to Subsections B
9191 and C of this section.
9292 E. By November 1, 2026 and November 1 of each year
9393 thereafter, the state treasurer shall transfer from the all
9494 cities and counties fund to each municipality and county the
9595 amounts certified by the taxation and revenue department.
9696 F. As used in this section:
9797 (1) "all county EGRTR" means the equalized
9898 gross receipts tax revenue of all counties;
9999 (2) "county area population" means the
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128128 population in that portion of a county located outside the
129129 boundaries of any municipality according to the most recent
130130 estimate of the resident population for incorporated places as
131131 published by the United States census bureau, except that for H
132132 class counties, "county area population" means the population
133133 of the entire county;
134134 (3) "county EGRTR" means the equalized gross
135135 receipts tax revenue of the county receiving a transfer
136136 pursuant to this section or, in the case of a municipality
137137 receiving a transfer pursuant to this section, of the county in
138138 which the municipality is located;
139139 (4) "county population" means the population
140140 of a county according to the most recent estimate of the
141141 resident population of incorporated places as published by the
142142 United States census bureau;
143143 (5) "equalized gross receipts tax revenue"
144144 means the net receipts received by the taxation and revenue
145145 department in the prior fiscal year, subject to any increase or
146146 decrease made pursuant to Section 7-1-6.15 NMSA 1978,
147147 attributable to a county local option gross receipts tax rate
148148 of one-fourth percent;
149149 (6) "fund balance" means the amount of money
150150 in the all cities and counties fund as of the end of the fiscal
151151 year that precedes the date a transfer is required to be made
152152 pursuant to this section;
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181181 (7) "municipality population" means the
182182 population of a municipality according to the most recent
183183 estimate of the resident population for incorporated places as
184184 published by the United States census bureau; provided that if
185185 a municipality is located in more than one county,
186186 "municipality population" means the population of the
187187 municipality within each of the counties; and
188188 (8) "state population" means the population of
189189 the state of New Mexico according to the most recent estimate
190190 of the resident population for incorporated places as published
191191 by the United States census bureau.
192192 SECTION 2. A new section of the Tax Administration Act is
193193 enacted to read:
194194 "[NEW MATERIAL
195195 ] DISTRIBUTION--ALL CITIES AND COUNTIES
196196 FUND.--A distribution pursuant to Section 7-1-6.1 NMSA 1978
197197 shall be made to the all cities and counties fund in an amount
198198 equal to eight percent of the net receipts attributable to the
199199 gross receipts tax distributable to the general fund."
200200 SECTION 3. EFFECTIVE DATE.--The effective date of the
201201 provisions of this act is July 1, 2025.
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