2021 New Mexico Statutes
Article 15 - Tax Increment for Development
Section 5-15-20 - General bonding authority of a tax increment development district; other limitations.

A. A district board shall not issue bonds against gross receipts tax increments attributable to:
(1) the state gross receipts tax without:
(a) the state board of finance adopting a resolution dedicating a gross receipts tax increment attributable to the state gross receipts tax for the purpose of securing the gross receipts tax increment bonds pursuant to Subsection G of Section 5-15-15 NMSA 1978; and
(b) the approval required by Section 5-15-21 NMSA 1978; and
(2) a gross receipts tax imposed by a taxing entity without the agreement of the taxing entity as evidenced by a resolution adopted pursuant to Subsection B or C of Section 5-15-15 NMSA 1978.
B. Except as otherwise provided in this section, a district board shall not issue bonds against either gross receipts tax increments or property tax increments without the express written authorization of the department of finance and administration, as evidenced by a letter signed by the secretary of finance and administration. A district formed and approved by a class A county or by a municipality within a class A county if the municipality has a population of more than sixty-five thousand persons, according to the most recent federal decennial census, is not required to obtain express written authorization of the department of finance and administration for the issuance of gross receipts tax increment bonds or property tax increment bonds.
C. Prior to the issuance of indebtedness evidenced by the gross receipts tax increment bonds or property tax increment bonds issued by a district pursuant to the Tax Increment for Development Act, the property owners within the district shall contribute a minimum of twenty percent of the initial public infrastructure costs, which may be reimbursed with proceeds of gross receipts tax increment or property tax increment bonds; unless the project to be financed with gross receipts tax increment bonds or property tax increment bonds is a metropolitan redevelopment project pursuant to the Metropolitan Redevelopment Code [Chapter 3, Article 60A NMSA 1978].
D. The amount of indebtedness evidenced by the gross receipts tax increment bonds or property tax increment bonds issued pursuant to the Tax Increment for Development Act shall not exceed the estimated cost of the public improvements plus all costs connected with the public infrastructure purposes and the issuance and sale of bonds, including, without limitation, formation costs, credit enhancement and liquidity support fees and costs.
E. The indebtedness evidenced by the gross receipts tax increment bonds or property tax increment bonds shall not affect the general obligation bonding capacity of the municipality or county in which the tax increment development district is located.
F. The indebtedness evidenced by the gross receipts tax increment bonds or property tax increment bonds shall be payable only from the special funds into which are deposited the gross receipts tax increments and property tax increments as set forth in the Tax Increment for Development Act.
G. Bonds issued by a tax increment development district shall not be a general obligation of the state, the county or the municipality in which the tax increment development district is located and shall not pledge the full faith and credit of the state, the county or the municipality in which the tax increment development district is located.
History: Laws 2006, ch. 75, § 20; 2019, ch. 275, § 5.
Cross references. — For the classification of counties for salary purposes, see 4-44-1 NMSA 1978.
The 2019 amendment, effective July 1, 2019, provided that a district board shall not issue bonds against gross receipts tax increments attributable to the state gross receipts tax without the board of finance dedication of a portion of the state gross receipts tax increment for the purpose of securing the gross receipts tax increment bonds and legislative approval of the bonds or to gross receipts tax imposed by a taxing entity without the taxing entity's agreement as evidenced by a resolution; in Subsection A, added "A district board shall not issue bonds against gross receipts tax increment attributable to:", and added new Paragraphs A(1) and A(2); added new subsection designation "B" and redesignated former Subsections B through F as Subsections C through G, respectively.
Applicability. — Laws 2019, ch. 275, § 10 provided that the provisions of this act shall not apply to dedications of gross receipts tax increments by the state board of finance made prior to the effective date of this act.