NM Stat § 7-35-3 (2021)
2021 New Mexico Statutes|Chapter 7 - Taxation|Article 35 - Property Tax|Section 7-35-3 - Director's supervisory power over county assessors; duty to evaluate performance and provide technical assistance; property valuation fund created.

A. The director has general supervisory authority over county assessors for the purposes of assuring implementation of and compliance with the provisions of the Property Tax Code and applicable regulations, orders, rulings and instructions of the department. He shall implement procedures for evaluation of the performance of county assessors' functions on a regular basis and shall also provide, subject to the availability of resources within the department and from the property valuation fund created in Subsection B of this section, appropriate technical assistance to county assessors. B. A revolving fund, to be called the "property valuation fund", is created. (1) The fund shall consist of: (a) all money which on January 1, 1975 remained in the special reappraisal fund which was created pursuant to Section 72-2-21.1 NMSA 1953 [repealed] and the reappraisal loan fund which was created pursuant to Section 72-2-21.11 NMSA 1953 [repealed]; (b) all repayments of outstanding loans made or committed to be made from the special reappraisal fund and the reappraisal loan fund; and (c) all money appropriated to the fund. (2) The fund shall not be used to supplement the general operating budget of the department. The fund may be used by the department for: (a) providing a county with technical assistance services pursuant to Section 7-36-19 NMSA 1978 in the valuation of major industrial or commercial properties subject to valuation by the assessor; (b) providing a county with technical assistance services in keeping appraised values current for valuation purposes; (c) providing other major technical assistance to a county; (d) installing necessary maps and other increments of the property description system in a county pursuant to Section 7-38-10 NMSA 1978; and (e) meeting prior commitments for loans of money in the reappraisal loan fund for assistance to a county in which reappraisal has not been completed. (3) Amounts from the property valuation fund may be expended by the director only after approval by the state board of finance. Approval by the state board of finance, fully setting forth the reasons for the expenditure, must be requested in writing by either the director or the county assessor of the county requesting department assistance. A request by the county assessor must be concurred in by the board of county commissioners and the director. (4) Any amount in the property valuation fund not currently needed for the purpose of the fund shall be invested by the state treasurer in such manner and for such times as will make the funds available when needed for the purposes of the fund. (5) Any amount expended from the property valuation fund shall be reimbursed in full to the fund by the county requesting assistance or to which assistance has been provided; the reimbursement shall not be reduced by the director pursuant to Section 7-35-8 NMSA 1978; and the reimbursement shall be upon terms and conditions prescribed by the director and approved by the state board of finance. (6) In any county which has not completed reappraisal by June 30, 1977, no political subdivision shall be eligible to receive any funds distributed from the following unless specific appropriations are made by the legislature: (a) public school fund, supplemental distributions pursuant to Section 22-8-30 NMSA 1978; or (b) any discretionary distributions made by the board of finance. (7) There is appropriated to the property valuation fund all money which on January 1, 1975 remained in the special reappraisal fund and the reappraisal loan fund and all repayments of outstanding loans made or committed to be made from the special reappraisal fund and the reappraisal loan fund. History: 1953 Comp., § 72-28-6, enacted by Laws 1973, ch. 258, § 6; 1975, ch. 153, § 1; 1989, ch. 324, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1974, ch. 92, § 34 repealed 72-2-21.1 and 72-2-21.11, 1953 Comp., referred to in Subsection B(1)(a). Cross references. — For appraisers' certificates, property valuation and tax administration courses, see 4-39-2 to 4-39-5 NMSA 1978. The 1989 amendment, effective April 7, 1989, in Subsection B, deleted former Paragraph (1)(c), which read "all money earned by the investment or loan of the money in the property valuation fund; and" and redesignated former Paragraph (1)(d) as Paragraph (1)(c), in Paragraph (2)(a), substituted "Section 7-36-19 NMSA 1978" for "Section 72-29-8 NMSA 1953", in Paragraph (2)(d), substituted "Section 7-38-10 NMSA 1978; and" for "Section 72-31-10 NMSA 1953", deleted former Paragraph (2)(e), which read "carrying out the functions from which a county assessor has been suspended pursuant to Section 72-28-9 NMSA 1953; and", redesignated former Paragraph (2)(f) as Paragraph (2)(e), in Paragraph (4) deleted "in such a manner and for such times as will make the funds available when needed for the purposes of the fund, and earnings from such investment shall be retained in the fund" from the end of the paragraph, in Paragraph (5), substituted "Section 7-35-8 NMSA 1978" for "Section 72-28-11 NMSA 1953", and in Paragraph (6)(a), substituted "Section 22-8-30 NMSA 1978" for "Section 77-6-29 NMSA 1953".