A. Each year the board of county commissioners of each county shall at its first meeting after the return of the assessment of the property for taxation by the county assessors of each county, levy a special tax at a rate to be fixed each year by the New Mexico livestock board. Subject to the provisions of Section 7-37-7.1 NMSA 1978, the New Mexico livestock board shall, in each year, order the levy of a tax on livestock at a rate not to exceed ten dollars ($10.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of the livestock. The New Mexico livestock board may set different rates for individual classes of livestock.

B. The order imposing the levy of the tax shall be made on or before June 30 in each year and shall be certified to the department of finance and administration by the director. The department of finance and administration shall certify the amount of the levy to the board of county commissioners of each county, and the board of county commissioners shall include the levy in its annual levy of taxes. The special tax shall be collected in each county and paid to the state treasurer in the manner provided by law for the collection and payment of other state taxes. Such funds shall be remitted to the New Mexico livestock board for deposit in the interim receipts and disbursements fund.

History: Laws 1937, ch. 205, § 2; 1939, ch. 15, § 1; 1941, ch. 151, § 1; 1941 Comp., § 49-211; 1953 Comp., § 47-2-11; Laws 1961, ch. 142, § 1; 1986, ch. 32, § 42; 1993, ch. 248, § 7; 1999, ch. 282, § 7.

Cross references. — For brand fees to be placed to credit of fund, see 77-2-7.5 NMSA 1978.

The 1999 amendment, effective July 1, 1999, deleted "indemnity funds" preceding "collection" in the section heading; in Subsection A, substituted the levy of a tax on livestock in general, and allowing the board to set different rates for individual classes of livestock, for Paragraphs (1) to (3), which set forth the levy of a tax for beef cattle, horses, mules, asses and buffalo, for dairy cattle, and for sheep and goats, respectively; and in Subsection B, deleted "executive" preceding "director" in the first sentence, and inserted "New Mexico livestock" preceding "board" in the last sentence.

The 1993 amendment, effective June 18, 1993, inserted the subsection designation "A"; rewrote Subsection A; and added Subsection B.

The 1986 amendment added the present catchline; substituted references to the New Mexico livestock board for references to the cattle sanitary board in three places in the section; in the first sentence, substituted "ten dollars ($10.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the special tax, on each one thousand dollars ($1,000) of net taxable value" for "ten mills on each dollar of the appraised value" in two places and inserted "as that term is defined in the Property Tax Code"; and made minor stylistic changes throughout the section.

Soldier not subject to special tax. — Owner of livestock who is a soldier and head of a family and thus exempt from taxation is not subject to special tax levied under this section. 1937 Op. Att'y Gen. No. 37-1821.