HOUSE BILL 823

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO ENERGY COST ASSISTANCE; PROVIDING FOR THE HUMAN SERVICES DEPARTMENT TO ADMINISTER THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM; PROVIDING FOR A DISTRIBUTION TO THE GASOLINE AND HOME HEATING RELIEF FUND FROM THE GROSS RECEIPTS TAX; EXTENDING THE TIME FOR EXPENDITURE FROM AN APPROPRIATION; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 6-4-25 NMSA 1978 (being Laws 2005 (1st S.S.), Chapter 2, Section 1) is amended to read:

     "6-4-25. GASOLINE AND HOME HEATING RELIEF FUND--CREATED.--The "gasoline and home heating relief fund" is created in the state treasury. The fund consists of distributions, appropriations, gifts, grants and donations. Balances in the fund at the end of a fiscal year shall not revert to the general fund. Money in the fund is appropriated to and administered by the [department of finance and administration and money in the fund is subject to appropriation by the legislature] following departments for the following purposes:

          A. to the department of finance and administration to provide gasoline price rebates to New Mexico taxpayers burdened as a result of extremely high gasoline prices;

          B. to the department of finance and administration to provide economic relief, in accordance with programs existing within New Mexico law, to New Mexico taxpayers suffering from rapidly increasing home heating costs; and

          C. to the human services department for the low-income home energy assistance program."

     Section 2. A new section of the Tax Administration Act is enacted to read:

     "[NEW MATERIAL] GROSS RECEIPTS TAX DISTRIBUTION TO THE GASOLINE AND HOME HEATING RELIEF FUND.--From July 1, 2006 through June 30, 2011, a distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the gasoline and home heating relief fund for the human services department's low-income home energy assistance program in an amount equal to one million dollars ($1,000,000) from the net receipts attributable to the gross receipts tax otherwise distributable to the general fund."

     Section 3. Laws 2005 (1st S.S.), Chapter 2, Section 3 is amended to read:

     "Section 3. APPROPRIATIONS.--

          A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2006 for the following purposes:

                (1) twenty-three million dollars ($23,000,000) to the human services department for the low-income home energy assistance program;

                (2) two million five hundred thousand dollars ($2,500,000) to the department of finance and administration for weatherization programs statewide;

                (3) one million five hundred thousand dollars ($1,500,000) to the department of public safety for fuel costs;

                (4) two million five hundred thousand dollars ($2,500,000) to the public education department for increased heating costs for public schools;

                (5) two million five hundred thousand dollars ($2,500,000) to the public education department for increased school transportation costs for public schools;

                (6) three million five hundred thousand dollars ($3,500,000) to the higher education department for increased heating costs of public post-secondary educational institutions, to be distributed to each institution on a pro rata basis of the difference between fiscal year 2005 actual expenditures for that item and the fiscal year 2006 projections of expenditures as of October 5, 2005; and

                (7) two million dollars ($2,000,000) to the state fire marshal to be divided among the volunteer and predominantly volunteer fire departments to be used for increased fuel and heating costs; provided that the distribution shall be based on ten percent of each department's current-year distribution from the fire protection fund. 

          B. Any unexpended or unencumbered balance remaining in Paragraphs (1) and (2) of Subsection A of this section at the end of fiscal year 2006 shall not revert to the general fund.

          [B.] C. Any unexpended or unencumbered balance in Paragraphs (3) through (7) of Subsection A of this section remaining at the end of fiscal year 2006 shall revert to the general fund."

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