N.M. Stat. § 3-37A-3
Small cities assistance fund; distribution.
A. The "small cities assistance fund" is created within the state treasury.
B. On or before January 31, 2004 and on or before January 31 of each subsequent
year, the bureau of business and economic research located at the university of New
Mexico shall certify to the taxation and revenue department the population of each
municipality in the state.
C. On or before the last day of February of 2004 and of each subsequent year, the
taxation and revenue department shall compute the amount to be distributed to each
qualifying municipality as follows:
(1)
the department first shall compute a distribution share for each qualifying
municipality. The distribution share shall be an amount equal to the product of the
qualifying municipality's population multiplied by the difference between the statewide
per capita average and the municipal per capita average less the local tax effort of the
qualifying municipality;
(2)
in 2004 and subsequent years, the balance in the small cities assistance
fund in February immediately after the distribution to the fund pursuant to Section 7-1-
6.2 NMSA 1978 for the preceding January will be divided by the number of qualifying
municipalities. The quotient will be rounded down to the nearest dollar and may be cited
as the "target amount";
(3)
if the target amount determined in Paragraph (2) of this subsection is less
than or equal to the minimum amount, the target amount is the amount to be distributed
to each qualifying municipality; and
(4)
if the target amount exceeds the minimum amount, the amount to be
distributed to all qualifying municipalities whose distribution share equals or is less than
the minimum amount shall equal the minimum amount. The sum to be distributed to
such municipalities shall be subtracted from the amount in the fund. The target amount
then shall be increased by dividing the balance remaining in the fund by the number of
remaining qualifying municipalities. The amount to be distributed to each remaining
qualifying municipality shall equal the lesser of the municipality's distribution share or
the increased target amount. If the distribution share of one or more of these remaining
qualifying municipalities is less than the increased target amount, the balance of the
fund is to be further reduced by the amount necessary to provide for a distribution to
those municipalities of their distribution shares. The target amount is to be increased
again by dividing the recomputed fund balance by the number of qualifying
municipalities not yet provided for. Successive iterations of the process to increase the
target amount shall occur until no remaining municipality's distribution share is less than
the increased target amount.
D. The state treasurer shall distribute from the small cities assistance fund on or
before March 1, 2004 and March 1 of each subsequent year to each qualifying
municipality the amount certified by the taxation and revenue department for each
qualifying municipality for the year.
E. Funds distributed in accordance with this section shall be placed in the general
fund of the qualifying municipalities receiving distributions.