New Mexico 2025 Regular Session

New Mexico Senate Bill SB348 Compare Versions

Only one version of the bill is available at this time.
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2828 SENATE BILL 348
2929 57
3030 TH LEGISLATURE
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3939 MEXICO
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 James G. Townsend and Gabriel Ramos and Jay C. Block
4848 AN ACT
4949 RELATING TO PUBLIC FUNDS; REQUIRING THE STATE TO MAKE PAYMENTS
5050 IN LIEU OF TAXES TO POLITICAL SUBDIVISIONS WHEN ACQUIRING REAL
5151 PROPERTY; PROVIDING AN EXEMPTION FOR THE DEPARTMENT OF
5252 TRANSPORTATION; CREATING THE PAYMENTS IN LIEU OF TAXES FUND;
5353 MAKING AN APPROPRIATION.
5454 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5555 SECTION 1. [NEW MATERIAL] PAYMENTS IN LIEU OF TAXES FOR
5656 STATE-ACQUIRED REAL PROPERTY--ADJUSTMENTS IN PAYMENTS.--
5757 A. Whenever the state acquires fee simple ownership
5858 of real property by purchase or eminent domain, the state shall
5959 annually make payments in lieu of taxes to any political
6060 subdivision of the state that imposed and received the revenues
6161 of a property tax on the acquired real property prior to
6262 acquisition by the state. The payments in lieu of taxes shall
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9090 commence with the calendar year following state acquisition and
9191 shall continue so long as the state retains ownership.
9292 B. A state agency that intends to acquire fee
9393 simple ownership of real property shall inquire with the clerk
9494 of the county in which the property is situated as to the
9595 annual property tax liability of the property for the prior
9696 year. Annually, that state agency shall remit to the state
9797 treasurer for deposit in the payments in lieu of taxes fund an
9898 amount equal to the annual property tax liability for the
9999 property being acquired.
100100 C. All payments in lieu of taxes are contingent
101101 upon sufficient appropriations and authorization being made by
102102 the New Mexico legislature for the performance of the
103103 provisions of this section. If sufficient appropriations and
104104 authorization are not made by the legislature in any year, the
105105 provisions of this section are suspended for that year.
106106 D. The property tax division of the taxation and
107107 revenue department shall promulgate rules to specify how
108108 payments in lieu of taxes shall be paid pursuant to Subsection
109109 A of this section and shall be adjusted from year to year,
110110 taking into consideration factors that include changes in
111111 property values and tax rates.
112112 E. The provisions of this section shall not apply
113113 to property purchased by or on behalf of the department of
114114 transportation for the purposes of a public roadway or highway.
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143143 SECTION 2. [NEW MATERIAL] PAYMENTS IN LIEU OF TAXES FUND
144144 CREATED--AUTHORIZED PAYMENTS IN LIEU OF TAXES.--The "payments
145145 in lieu of taxes fund" is created as a nonreverting fund within
146146 the state treasury. The fund consists of appropriations,
147147 gifts, grants, donations, income from investment of the fund
148148 and any other money distributed or otherwise allocated to the
149149 fund. The taxation and revenue department shall administer the
150150 fund, and money in the fund is appropriated to the taxation and
151151 revenue department to make payments to political subdivisions
152152 of the state in lieu of taxes for state-acquired real property
153153 pursuant to Section 1 of this 2025 act. Disbursements from the
154154 fund shall be made by warrant of the secretary of finance and
155155 administration pursuant to vouchers signed by the secretary of
156156 taxation and revenue or the secretary's authorized
157157 representative.
158158 SECTION 3. EFFECTIVE DATE.--The effective date of the
159159 provisions of this act is July 1, 2025.
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