SENATE BILL 332
55th legislature - STATE OF NEW MEXICO - first session, 2021
Gregory A. Baca
RELATING TO SPECIAL DISTRICTS; PROVIDING THAT A SOIL AND WATER CONSERVATION DISTRICT LEVY SHALL NOT EXCEED A PERIOD OF TEN YEARS AND THAT THE SUPERVISORS SHALL NOT AUTHORIZE THE CONTINUATION OF A LEVY FOR CAPITAL OBLIGATIONS THAT WERE NOT PROVIDED FOR IN THE ORIGINAL RESOLUTION ADOPTED BY THE SUPERVISORS; PROVIDING THAT LEVIES OF SOIL AND WATER CONSERVATION DISTRICTS APPROVED PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL EXPIRE WITHIN TEN YEARS OF THE DATE OF APPROVAL; PROVIDING EXCEPTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 73-20-46 NMSA 1978 (being Laws 1965, Chapter 137, Section 20, as amended) is amended to read:
"73-20-46. DISTRICT ASSESSMENTS.--
A. In the event a district is unable to meet or bear the expense of the duties imposed upon it by the Soil and Water Conservation District Act, the supervisors may adopt a resolution that, to be effective, shall be approved by referendum in the district and that shall provide for an annual levy for a stated period of up to ten years in a stated amount not exceeding five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of real property within the district, except that real property within incorporated cities and towns in the district may be excluded. The referendum held to approve or reject the resolution of the supervisors shall be conducted pursuant to the Local Election Act. After the initial authorization is approved by referendum, the supervisors shall adopt a resolution in each following year authorizing the levy, except that no levy shall be authorized for the purpose of providing funding for capital obligations that were not provided for in the original resolution adopted by the supervisors.
B. A resolution authorized under Subsection A of this section shall not be effective, and neither a referendum nor a levy is authorized, unless the resolution is submitted to and approved in writing by the commission.
C. In the event a resolution of the supervisors is adopted and approved in accordance with the provisions of Subsection A of this section, the supervisors of the district shall certify by the fifteenth of July of each year to the county assessor of each county in which there is situate land subject to the district assessment:
(1) a copy of the resolution of the supervisors;
(2) the results of any referendum held in the year the certification is made; and
(3) a list of landowners of the district and a description of the land owned by each that is subject to assessment.
D. A county assessor shall indicate the information on the tax schedules, compute the assessment and present the district assessment by regular tax bill.
E. The district assessment shall be collected by the county treasurer of each county in which taxable district land is situate in the same manner and at the same time that county ad valorem taxes are levied. The conditions, penalties and rates of interest applicable to county ad valorem taxation apply to the levy and collection of district assessments. A county treasurer shall be entitled to a collection fee equal to the actual costs of collection or four percent of the money collected from the levy of the district assessment, whichever is the lesser.
F. District funds, regardless of origin, shall be transferred to and held by the supervisors and shall be expended for district obligations and functions. The supervisors shall prepare an annual budget and submit it for approval to the commission and to the local government division of the department of finance and administration. All district funds shall be expended in accordance with the approved budgets.
G. In the event the supervisors of a district determine that there are or will be sufficient funds available for the operation of the district for any year for which an assessment is to be levied, they shall, by resolution, direct the assessor of each county in which taxable district land is situate, by July 15 of each year, to decrease the district assessment or to delete the district assessment reflected on the tax schedules.
H. Any levy authorized by the Soil and Water Conservation District Act, and any loan or other indebtedness authorized by that act that will require a levy, shall be based exclusively on or levied exclusively on the real property in the district, except that real property within incorporated cities and towns may be excluded."
SECTION 2. TEMPORARY PROVISION--LEVIES OF SOIL AND WATER CONSERVATION DISTRICTS APPROVED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.--
A. Except as provided in Subsection B of this section, any levy imposed pursuant to Section 73-20-46 NMSA 1978 beginning July 1, 2018 and prior to the effective date of this act shall expire within ten years of the imposition or earlier pursuant to the provisions of Subsection G of Section 73-20-46 NMSA 1978.
B. If the supervisors of a soil and water conservation district have dedicated any amount of revenue attributable to a levy imposed pursuant to Section 73-20-46 NMSA 1978, the supervisors shall continue to dedicate the same amount of revenue attributable to the levy until the resolution dedicating the revenue expires, the term of the dedication expires or, in the case of indebtedness, the debt is fully discharged or otherwise provided for in full.
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