SB 148 — TAX & FEE ADMIN FEES
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 22, 2024. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on March 05, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
229 added · 428 removedPlain-language change summary
The recent changes to SB 148 primarily involve the gradual repeal of administrative fees that have been associated with collecting, distributing, and transferring certain taxes and fees. Specifically, there will no longer be administrative fees withheld from tax distributions to municipalities before July 2028. This amendment is significant because it aims to increase the net funds available to local governments, providing them with more resources to support community services and projects.
SENATE FINANCE COMMITTEE SUBSTITUTE FOR SENATE BILL 148 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 4 6 8 10 AN ACT RELATING TO TAXATION;
167 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e t 17 SECTION 1.
Section 7-1-6.12 NMSA 1978 (being Laws 1983, w l n d 18 Chapter 211, Section 17, as amended) is amended to read:
= = 19 a l "7-1-6.12.
TRANSFER--REVENUES FROM MUNICIPAL LOCAL OPTION i a e r 20 GROSS RECEIPTS AND COMPENSATING TAXES.-- a t m m 21 A.
A transfer pursuant to Section 7-1-6.1 NMSA 1978 d r e 22 shall be made to each municipality for which the department is c e s k 23 collecting a local option gross receipts tax and municipal e a n b 24 compensating tax imposed by that municipality in an amount, u [ subject to any increase or decrease made pursuant to Section .228009.2 SFC/SB 148 7-1-6.15 NMSA 1978, equal to the net receipts attributable to the local option gross receipts tax and municipal compensating tax imposed by that municipality, less [any deduction for administrative cost determined and made by the department pursuant to the provisions of the act authorizing imposition by that municipality of the local option gross receipts tax and municipal compensating tax and any additional] the administrative fee that may be withheld prior to July 1, 2028 pursuant to Section 7-1-6.41 NMSA 1978.
A transfer pursuant to this section may be adjusted for a distribution made to a tax increment development district with respect to a portion of a gross SFC/SB 148 receipts tax increment dedicated by a municipality pursuant Page 1 to the Tax Increment for Development Act.
A transfer pursuant to this section shall be adjusted for a distribution made to the Local Economic e t 17 Development Act fund pursuant to Section 7-1-6.67 NMSA 1978 and w l n d 18 with respect to the amount dedicated by a municipality pursuant = = 19 to Subsection B of Section 5-10-17 NMSA 1978.
a l i a e r 20 D.
A transfer pursuant to this section shall be a t m m 21 adjusted for a distribution made to the metropolitan d r e 22 redevelopment fund pursuant to Section [11 of this 2023 act] c e s k 23 7-1-6.71 NMSA 1978 and with respect to the amount dedicated by e a n b 24 a municipality pursuant to Section 3-60A-23 NMSA 1978." u [ SECTION 2.
Section 7-1-6.13 NMSA 1978 (being Laws 1983, .228009.2 - 2 - SFC/SB 148 Chapter 211, Section 18, as amended) is amended to read:
A transfer pursuant to Section 7-1-6.1 NMSA 1978 shall be made to each county for which the department is collecting a local option gross receipts tax and county compensating tax imposed by that county in an amount, subject to any increase or decrease made pursuant to Section 7-1-6.15 NMSA 1978, equal to the net receipts attributable to the local option gross receipts tax and county compensating tax imposed by that county, less [any deduction for administrative cost determined and made by the department pursuant to the provisions of the act authorizing imposition by that county of the local option gross receipts tax and county compensating tax and any additional] the administrative fee that may be withheld prior to July 1, 2028 pursuant to Section 7-1-6.41 NMSA 1978.
eSFC/SB t148 17Page 2 B.
A transfer pursuant to this section may be w l n d 18 adjusted for a distribution made to a tax increment development = = 19 district with respect to a portion of a gross receipts tax a l i a e r 20 increment dedicated by a county pursuant to the Tax Increment a t m m 21 for Development Act.
d r e 22 C.
A transfer pursuant to this section shall be c e s k 23 adjusted for a distribution made to the Local Economic e a n b 24 Development Act fund pursuant to Section 7-1-6.67 NMSA 1978 and u [ with respect to the amount dedicated by a county pursuant to .228009.2 - 3 - SFC/SB 148 Subsection B of Section 5-10-17 NMSA 1978.
A transfer pursuant to this section shall be adjusted for a distribution made to the metropolitan redevelopment fund pursuant to Section [11 of this 2023 act] 7-1-6.71 NMSA 19871978 and with respect to the amount dedicated by a county pursuant to Section 3-60A-23 NMSA 1978." SECTION 3.
DISTRIBUTION--SOLID WASTE ASSESSMENT FEE.--AFEE.-- A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the solid waste facility grant fund of the net receipts attributable to the solid waste assessment fee authorized under the Solid Waste ActAct." [less any administrative fee withheld pursuant to Section 7-1-6.41 NMSA 1978]." SECTION 4.
e t 17 "7-1-6.41.
ADMINISTRATIVE FEE IMPOSEDIMPOSED.--The [APPROPRIATION].--SFC/SB w148 lPage n3 dadministrative 18fee [A.to be withheld by the department pursuant to Sections 7-1-6.12 and 7-1-6.13 NMSA 1978 shall be set at the following percentages of the net amount to be distributed pursuant to the provisions of those sections, and the money from the fee shall be remitted to the state treasurer for deposit in the general fund each month:
The taxation and revenue department is directed = = 19 a l to withhold an administrative fee of three percent of the net i a e r 20 amount to be distributed under the provisions of:
a t m m 21 (1) Section 7-1-6.32 NMSA 1978;
d r e 22 (2) Section 66-12-20 NMSA 1978;
and c e s k 23 (3) Section 74-1-13 NMSA 1978.
e a n b 24 B.
The administrative fee to be withheld pursuant u [ to Subsection A of this section shall be withheld on .228009.2 - 4 - SFC/SB 148 distributions made on or after July 1, 1997 and shall continue until the earlier of December 31, 2006 or the date on which the New Mexico finance authority certifies to the taxation and revenue department that all obligations for bonds issued pursuant to Section 12 of this 1997 act have been fully discharged and directs the department to cease distributing money to the authority pursuant to this section.
C.
The taxation and revenue department is directed to withhold an additional administrative fee at the following percentage of the net amount to be distributed pursuant to the following provisions of law:
(1) two percent of the net amount to be distributed pursuant to Section 7-1-6.12 NMSA 1978;
and (2) six-tenths of one percent of the net amount to be distributed pursuant to Section 7-1-6.13 NMSA 1978.
e t 17 D.
The administrative fee to be withheld under w l n d 18 Subsection C of this section shall be withheld on distributions = = 19 made on or after July 1, 1997 and shall continue until the a l i a e r 20 earlier of July 1, 2000 or the date on which the New Mexico a t m m 21 finance authority certifies to the taxation and revenue d r e 22 department that all obligations for bonds issued pursuant to c e s k 23 Section 12 of this 1997 act have been fully discharged and e a n b 24 directs the department to cease distributing money to the u [ authority pursuant to this section.
.228009.2 - 5 - SFC/SB 148 E.
The administrative fee to be withheld by the taxation and revenue department under Section 7-1-6.12 and 7-1-6.13 NMSA 1978 shall be set at three percent of the net amount to be distributed pursuant to the provisions of those sections.
F.
The administrative fee to be withheld under Subsection E of this section shall be withheld on distributions made on or after July 1, 2000 and shall continue until the earlier of December 31, 2006 or the date on which the New Mexico finance authority certifies to the taxation and revenue department that all obligations for bonds issued pursuant to Section 12 of this 1997 act have been fully discharged and directs the department to cease distributing money to the authority pursuant to this section.
After the department has been directed by the authority to cease distributing money to the authority pursuant to this section, the administrative fee e t 17 shall be remitted to the state treasurer for deposit in the w l n d 18 state general fund each month.
= = 19 G.
The administrative fee shall be distributed a l i a e r 20 monthly to the New Mexico finance authority to be pledged a t m m 21 irrevocably for the payment of principal, interest and any d r e 22 expenses or obligations related to the bonds issued by the c e s k 23 authority to finance the taxation and revenue information e a n b 24 management systems project.] The administrative fee to be u [ withheld by the department pursuant to Sections 7-1-6.12 and .228009.2 - 6 - SFC/SB 148 7-1-6.13 NMSA 1978 shall be set at the following percentages of the net amount to be distributed pursuant to the provisions of those sections, and the money from the fee shall be remitted to the state treasurer for deposit in the general fund each month:
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A distribution for a tax increment development district shall be made by the department to a special fund of the district, in accordance with a notice that is filed e t 17 pursuant to Section 5-15-27 NMSA 1978 with respect to a w l n d 18 dedication of a gross receipts tax increment, to a special fund = = 19 of the tax increment development district.
a l i a e r 20 B.
The department shall withhold an administrative a t m m 21 fee of three percent of the net amount to be distributed d r e 22 pursuant to Subsection A of this section, and the money from c e s k 23 the fee shall be remitted to the state treasurer for deposit inSFC/SB e148 aPage n4 bin 24 the general fund each month." u [ SECTION 6.
Section 7-1-6.67 NMSA 1978 (being Laws 2021 .228009.2 - 7 - SFC/SB 148 (1st S.S.), Chapter 2, Section 5) is amended to read:
A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the Local Economic Development Act fund equal to the following amounts of the following taxes imposed and paid on the expenses related to the construction of the qualifying entity's economic development project, as determined pursuant to Section [2 of this 2021 act] 5-10-17 NMSA 1978:
and (2) fifty percent of the net receipts attributable to the local option gross receipts tax and county compensating tax imposed by a county and local option gross receipts tax and municipal compensating tax imposed by a e t 17 municipality.
w l n d 18 B.
The department shall withhold an administrative = = 19 fee of three percent of the net amount to be distributed a l i a e r 20 pursuant to Subsection A of this section, and the money from a t m m 21 the fee shall be remitted to the state treasurer for deposit in d r e 22 the general fund each month.
c e s k 23 [B.] C.
eSFC/SB a148 nPage b5 24 (1) "economic development project" means u [ "economic development project" as used in the Local Economic .228009.2 - 8 - SFC/SB 148 Development Act;
The department shall withhold an administrative fee of three percent of the net amount to be distributed pursuant to Subsection A of this section, and the money from e t 17 the fee shall be remitted to the state treasurer for deposit in w l n d 18 the general fund each month." = = 19 SECTION 8.
Section 66-12-20 NMSA 1978 (being Laws 1959, a l i a e r 20 Chapter 338, Section 19, as amended) is amended to read:
a t m m 21 "66-12-20.
DISPOSITION OF FEES.--The fees collected d r e 22 pursuant to the provisions of the Boat Act [less the c e s k 23 administrative fee withheld pursuant to Section 1 of this 1997 e a n b 24 act] shall be [covered] deposited into the state park and u [ recreation fund." .228009.2 - 9 - SFC/SB 148 Page 6 SECTION 9.
e t 17 C.
Money in the water conservation fund is w l n d 18 appropriated to the department for administration of a public = = 19 water supply program to:
a l i a e r 20 (1) test public water supplies for the a t m m 21 contaminants required to be tested pursuant to the provisions d r e 22 of the federal Safe Drinking Water Act, as amended, and collect c e s k 23 chemical compliance samples as required by those provisions of e a n b 24 the federal act;
u [ (2) perform vulnerability assessments that .228009.2 - 10 - SFC/SB 148 Page 7 will be used to assess a public water supply's susceptibility to those contaminants;
All water conservation fees collected by the taxation and revenue department [less the administrative fee withheld pursuant to Section 7-1-6.41 NMSA 1978] shall be deposited in the water conservation fund.
The fee imposed by this section shall be administered in accordance with the provisions of the Tax Administration Act and shall be paid to the taxation and revenue department by each person who operates a public water supply system in the manner required by the department on or e t 17 before the twenty-fifth day of the month following the month in w l n d 18 which the water is produced.
= = 19 F.
Each operator of a public water supply system a l i a e r 20 shall register and comply with the provisions of Section 7-1-12 a t m m 21 NMSA 1978 and furnish such information as may be required by d r e 22 the taxation and revenue department.
c e s k 23 G.
The department shall compile a list of the e a n b 24 contaminants that require testing pursuant to Paragraph (1) of u [ Subsection C of this section.
The list shall be compiled no .228009.2 - 11 - SFC/SB 148 less than once every twelve months and include the SFC/SB 148 Page 8 contaminants that will be tested in the subsequent twelve months.
and (2) "public water supply system" means a e t 17 system that provides piped water to the public for human w l n d 18 consumption and that has at least fifteen service connections = = 19 or regularly services an average of at least twenty-five a l i a e r 20 individuals at least sixty days per year." a t m m 21 SECTION 10.
DELAYED REPEAL.--Section 7-1-6.41 NMSA 1978 d r e 22 (being Laws 1997, Chapter 125, Section 1) is repealed effective c e s k 23 July 1, 2028.
e a n b 24 SECTION 11.
EFFECTIVE DATE.--The effective date of the u [ provisions of this act is July 1, 2025.
.228009.2SFC/SB -148 12Page -9 25
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View plain text versions (3)
- Final Version View text Current pdf
- Substitute FC substitute pdf
- Introduced introduced version pdf
Action History
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Signed
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passed House
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DO PASS committee report adopted
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Sent to House Taxation & Revenue Committee
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passed Senate
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DO NOT PASS, replaced with committee substitute
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DO PASS committee report adopted
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germane
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Sent to Senate Committees' Committee & Senate Tax, Business and Transportation Committee & Senate Finance Committee
Sponsors
- T. Ryan Lane · Primary
- Daniel A. Ivey-Soto · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Lane, T. Ryan
- Ivey-Soto, Daniel A.
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 1 | 0 | 2 |
| Democrat | 29 | 0 | 0 | 7 |
| Republican | 19 | 0 | 0 | 1 |
| Total | 59 | 1 | 0 | 10 |
| % of votes cast | 84% | 1% | 0% | 14% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Alcon | — | Yea |
| Allison | — | Yea |
| Castellano | — | Yea |
| Chasey | — | Yea |
| Gallegos | — | Yea |
| Hembree | — | Yea |
| Hernandez | — | Yea |
| Lane | — | Yea |
| Madrid | — | Yea |
| Sanchez | — | Yea |
| Harper | — | Nay |
| Rehm | — | Not Voting |
| De La Cruz | — | Yea |
| Roybal Caballero | — | Not Voting |
| Andrea Romero | Democrat | Yea |
| Angelica Rubio | Democrat | Yea |
| Charlotte Little | Democrat | Not Voting |
| Christine Chandler | Democrat | Not Voting |
| Cristina Parajón | Democrat | Yea |
| Cynthia Borrego | Democrat | Yea |
| D. Wonda Johnson | Democrat | Yea |
| Dayan Hochman-Vigil | Democrat | Not Voting |
| Debra M. Sariñana | Democrat | Not Voting |
| Derrick J. Lente | Democrat | Yea |
| Eleanor Chávez | Democrat | Yea |
| Elizabeth "Liz" Thomson | Democrat | Yea |
| G. Andrés Romero | Democrat | Yea |
| Janelle Anyanonu | Democrat | Yea |
| Javier Martínez | Democrat | Yea |
| Joanne J. Ferrary | Democrat | Yea |
| Joy Garratt | Democrat | Yea |
| Kathleen Cates | Democrat | Yea |
| Kristina Ortez | Democrat | Yea |
| Leo Jaramillo | Democrat | Yea |
| Linda Serrato | Democrat | Not Voting |
| Marian Matthews | Democrat | Yea |
| Martha Garcia | Democrat | Not Voting |
| Matthew McQueen | Democrat | Yea |
| Meredith A. Dixon | Democrat | Yea |
| Micaela Lara Cadena | Democrat | Not Voting |
| Miguel P. García | Democrat | Yea |
| Natalie Figueroa | Democrat | Yea |
| Nathan P. Small | Democrat | Yea |
| Pamelya Herndon | Democrat | Yea |
| Patricia A. Lundstrom | Democrat | Yea |
| Raymundo Lara | Democrat | Yea |
| Reena Szczepanski | Democrat | Yea |
| Susan K. Herrera | Democrat | Yea |
| Tara L. Lujan | Democrat | Yea |
| Yanira Gurrola | Democrat | Yea |
| Alan T. Martinez | Republican | Yea |
| Andrea Reeb | Republican | Yea |
| Brian G. Baca | Republican | Yea |
| Candy Spence Ezzell | Republican | Yea |
| Cathrynn N. Brown | Republican | Yea |
| Gail Armstrong | Republican | Yea |
| Harlan Vincent | Republican | Yea |
| Jack Chatfield | Republican | Yea |
| James G. Townsend | Republican | Yea |
| Jenifer Jones | Republican | Yea |
| Jimmy G. Mason | Republican | Yea |
| John Block | Republican | Yea |
| Larry R. Scott | Republican | Yea |
| Luis M. Terrazas | Republican | Yea |
| Mark Duncan | Republican | Yea |
| Martin R. Zamora | Republican | Yea |
| Randall T. Pettigrew | Republican | Yea |
| Rod Montoya | Republican | Yea |
| Stefani Lord | Republican | Not Voting |
| Tanya Mirabal Moya | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 1 |
| Unaffiliated | 16 | 0 | 0 | 2 |
| Democrat | 14 | 0 | 0 | 5 |
| Total | 34 | 0 | 0 | 8 |
| % of votes cast | 81% | 0% | 0% | 19% |
How each member voted (42)
| Member | Party | Vote |
|---|---|---|
| BURT | — | Yea |
| GRIGGS | — | Yea |
| HEMPHILL | — | Yea |
| IVEY-SOTO | — | Yea |
| McCUTCHEON | — | Yea |
| McKENNA | — | Yea |
| NEVILLE | — | Yea |
| NIBERT | — | Yea |
| O'NEILL | — | Yea |
| PIRTLE | — | Yea |
| RODRIGUEZ | — | Yea |
| SANCHEZ | — | Yea |
| SCHMEDES | — | Yea |
| SEDILLO-LOPEZ | — | Yea |
| TALLMAN | — | Yea |
| GALLEGOS | — | Not Voting |
| MOORES | — | Not Voting |
| ORTIZ y PINO | — | Yea |
| Antonio Maestas | Democrat | Yea |
| Benny Shendo, Jr. | Democrat | Not Voting |
| Carrie Hamblen | Democrat | Not Voting |
| Elizabeth "Liz" Stefanics | Democrat | Yea |
| George K. Muñoz | Democrat | Yea |
| Harold Pope | Democrat | Yea |
| Jeff Steinborn | Democrat | Yea |
| Joseph Cervantes | Democrat | Yea |
| Katy Duhigg | Democrat | Not Voting |
| Leo Jaramillo | Democrat | Yea |
| Linda M. López | Democrat | Yea |
| Martin Hickey | Democrat | Not Voting |
| Michael Padilla | Democrat | Yea |
| Mimi Stewart | Democrat | Yea |
| Pete Campos | Democrat | Yea |
| Peter Wirth | Democrat | Not Voting |
| Roberto "Bobby" J. Gonzales | Democrat | Yea |
| Shannon D. Pinto | Democrat | Yea |
| William P. Soules | Democrat | Yea |
| Brian G. Baca | Republican | Yea |
| Craig W. Brandt | Republican | Yea |
| Crystal Brantley | Republican | Not Voting |
| Pat Woods | Republican | Yea |
| William E. Sharer | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 148?
- SB 148 is sponsored by Lane, T. Ryan and Ivey-Soto, Daniel A..
- What is the current status of SB 148?
- This bill has been enacted into law. Introduced January 22, 2024. Enacted.
- Where can I track SB 148?
- Track SB 148 free on One Click Politics — get push/email alerts when it moves.
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