B. Rates subject to yield control:

1. (1) Every rate or imposition authorized under Paragraph (2) or (3) of Subsection C of Section 7-37-7 NMSA 1978 and every benefit assessment authorized by law is subject to the provisions of Section 7-37-7.1 NMSA 1978 except for:

   1. (a) any rate, imposition or benefit assessment specifically exempted by law from the provisions of Section 7-37-7.1 NMSA 1978;
   2. (b) any rate or imposition of an assessment for the payment of a definite amount for a specific benefit;
   3. (c) any rate not imposed against the value of the property.

2. (2) Example 1: The following rates, impositions and benefit assessments are some of the rates subject to the provisions of Section 7-37-7.1 NMSA 1978:

   1. (a) the rates for general operating purposes authorized under Subsection B of Section 7-37-7 NMSA 1978;
   2. (b) the municipal flood control rate authorized by Section 3-41-2 NMSA 1978;
   3. (c) the special hospital district rate authorized by Section 4-48A-16 NMSA 1978;
   4. (d) the rates for branch community colleges authorized by Sections 21-14-6 and 21-14-6.1 NMSA 1978;
   5. (e) the rate for technical and vocational institutes authorized by Section 21-16-12 NMSA 1978; and
   6. (f) the portion of an assessment for general operations of a conservancy district authorized by Items 3 and 4 of Subsection A of Section 73-18-8 NMSA 1978 to be imposed against Class B property.

3. (3) Example 2: The following rates, impositions and benefit assessments are not subject to the provisions of Section 7-37-7.1 NMSA 1978 because they are specifically exempted:

   1. (a) rates used to pay principal and interest on public general obligation debt, which includes rates authorized to guarantee payment of indebtedness such as the rate authorized by Section 73-16-42 NMSA 1978 for a “guarantee fund”; and
   2. (b) the portion of the rate authorized for Class A counties in Paragraph (1) of Subsection A of Section 4-48B-12 NMSA 1978 to meet the requirements of the Statewide Health Care Act but the rest of the rate is subject to Section 7-37-7.1 NMSA 1978.

4. (4) Example 3: Some rates are imposed to pay, or to reimburse a public entity the amount of, a specific sum for a benefit to the persons upon whom the rate is levied. Such impositions are not subject to the provisions of Section 7-37-7.1 NMSA 1978 because the rate necessary is calculated by dividing the fixed amount to be raised by the net taxable value or taxable value of the property against which the rate is imposed. The necessary rate varies inversely with changes in net taxable value or taxable value. Thus the result achieved by yield control is achieved without its application. Further, application of the provisions of Section 7-37-7.1 NMSA 1978 in such cases would produce a revenue insufficient to meet the purposes of the imposition, possibly impairing contracts. Examples of such rates are:

   1. (a) the assessment for county improvement districts authorized by Section 4-55A-17 NMSA 1978;
   2. (b) the assessment for drainage districts authorized by Section 73-7-14 NMSA 1978; and
   3. (c) the assessment for conservancy districts authorized by Item 2 of Subsection A of Section 73-18-8 NMSA 1978 for amounts due under contract with the United States.

5. (5) Example 4: Rates not subject to the provisions of Section 7-37-7.1 NMSA 1978 because they are imposed on a basis other than the value of the property include:

   1. (a) an assessment for business improvement districts authorized by Section 3-63-13 NMSA 1978 when imposed on a square footage, street frontage or similar basis; and

   2. (b) the portion of an assessment for general operations of a conservancy district authorized by Items 3 and 4 of Subsection A of Section 73-18-8 NMSA 1978 to be imposed against Class A property when assessed on a per acre basis.

      [3.6.6.1.13 NMAC - Rp, 3 NMAC 6.6.13, 07/30/2024]

      HISTORY 3.6.6 NMAC:

      Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:

      PTD Rule No. 82, Regulations Pertaining to the Property Tax Code, filed 3/23/1983.

      TRD Rule No. PTC-95, Regulations Pertaining to the Property Tax Code, Sections 7-35-1 to 7-38-90 NMSA 1978, filed 12/29/1994.

      History of Repealed Material: 3 NMAC 6.6, Provisions for Imposition of Tax - Applicability, filed 8/19/1996 Repealed 07/30/2024.

      Other History:

      3 NMAC 6.6, Provisions for Imposition of Tax - Applicability, filed 8/19/1996 was recompiled 4/17/2001.

      3.6.6 NMAC, Provisions for Imposition of Tax - Applicability, filed 4/17/2001 Replaced by 3.6.6 NMAC, Provisions for Imposition of Tax - Applicability effective 07/30/2024.