A. The "excess extraction taxes suspense fund" is created as a nonreverting fund in the state treasury. Money in the fund shall only be used to make transfers by the department of finance and administration as required by this section.
B. At the end of each fiscal year, the department of finance and administration shall transfer the balance of the fund attributable to that fiscal year as follows:
(1) to the tax stabilization reserve, the amount necessary to bring the balance of state reserves to a level equal to twenty-five percent of the aggregate recurring appropriations for that fiscal year from the general fund, as determined by the department; provided that, if the balance in the excess extraction taxes suspense fund is not sufficient to meet that level, the entire balance shall be transferred to the tax stabilization reserve; and
(2) to the early childhood education and care fund, the balance remaining in the excess extraction taxes suspense fund, if any, after the transfer is made pursuant to Paragraph (1) of this subsection.
C. As used in this section, "state reserves" means the general fund balances, as determined by the department of finance and administration, including all authorized revenues and transfers to the general fund and balances in the appropriation contingency fund, the general fund operating reserve, the state-support reserve fund, the tax stabilization reserve and the tobacco settlement permanent fund.
History: Laws 2020, ch. 3, § 4.
Effective dates. — Laws 2020, ch. 3, § 8 made Laws 2020, ch. 3, § 4 effective July 1, 2020.
Structure New Mexico Statutes
Article 4 - State Funds and Capital Programs
Section 6-4-1 - Capital programs; preparation; duties.
Section 6-4-2 - [General fund created.]
Section 6-4-2.1 - General fund operating reserve created; authorizing expenditures.
Section 6-4-2.2 - General fund tax stabilization reserve.
Section 6-4-2.3 - Appropriation contingency fund.
Section 6-4-2.5 - New Mexico recovery and reinvestment fund.
Section 6-4-3 - State revenue-sharing trust fund created.
Section 6-4-4 - Transfers between general fund reserves.
Section 6-4-6 - Expenditures authorized to maintain cash flow.
Section 6-4-7 - Computer systems enhancement fund; created.
Section 6-4-9 - Tobacco settlement permanent fund; investment; distribution.
Section 6-4-10 - Tobacco settlement program fund created; purpose.
Section 6-4-13 - Requirements. (Contingent repeal.)
Section 6-4-13.1 - Severability.
Section 6-4-15 - Findings and purpose.
Section 6-4-17 - Certification by tobacco product manufacturer.
Section 6-4-18 - Directory of tobacco product manufacturers and cigarette brands.
Section 6-4-19 - Maintenance of directory; notice.
Section 6-4-20 - Agent for service of process.
Section 6-4-20.1 - Joint and several liability.
Section 6-4-21 - Reporting of information; escrow installments.
Section 6-4-22 - Penalties and other remedies.
Section 6-4-23 - General provisions.
Section 6-4-24 - Construction of act.
Section 6-4-24.1 - Attorney general authority; audit and investigation.
Section 6-4-24.2 - Presumption.
Section 6-4-25 - Gasoline and home heating relief fund; created.
Section 6-4-26 - Governor's contingency fund; created; purpose; audits.