HOUSE BILL 649
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO TAXATION; INCREASING THE MOTOR VEHICLE EXCISE TAX; MAKING DISTRIBUTIONS; CREATING THE STATE TRANSIT FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 7-14-4 NMSA 1978 (being Laws 1988, Chapter 73, Section 14) is amended to read:
"7-14-4. DETERMINATION OF AMOUNT OF MOTOR VEHICLE EXCISE TAX.--The rate of the motor vehicle excise tax is [three] four percent and is applied to the price paid for the vehicle. If the price paid does not represent the value of the vehicle in the condition that existed at the time it was acquired, the tax rate shall be applied to the reasonable value of the vehicle in such condition at such time. However, allowances granted for vehicle trade-ins may be deducted from the price paid or the reasonable value of the vehicle purchased."
Section 2. Section 7-14-10 NMSA 1978 (being Laws 1988, Chapter 73, Section 20, as amended) is amended to read:
"7-14-10. MOTOR VEHICLE SUSPENSE FUND--DISTRIBUTION OF PROCEEDS.--[The receipts from the tax and any associated interest and penalties shall be deposited in the "motor vehicle suspense fund", hereby created in the state treasury. As of the end of each month, the net receipts attributable to the tax and associated penalties and interest shall be distributed to the general fund.]
A. The receipts from the tax and any associated interest and penalties shall be deposited in the motor vehicle suspense fund, created in Section 66-6-22.1 NMSA 1978.
B. By the end of each month:
(1) one-fourth of the net receipts attributable to the tax deposited in the motor vehicle suspense fund shall be distributed to the state transit fund; and
(2) three-fourths of the net receipts attributable to the tax deposited in the motor vehicle suspense fund shall be distributed to the general fund.
C. By the end of each month, all of the penalties and interest associated with the tax shall be distributed to the general fund.
D. By the end of each month, all earnings on the motor vehicle suspense fund attributable to the tax shall be distributed to the general fund."
Section 3. A new section of Chapter 65 NMSA 1978 is enacted to read:
"[NEW MATERIAL] STATE TRANSIT FUND--CREATED--PURPOSE--SOURCE OF FUNDS--ADMINISTRATION.--
A. The "state transit fund" is created in the state treasury. The fund shall be administered by the department.
B. The state transit fund shall consist of appropriations made by the legislature, distributions from the federal government, gifts, grants, donations, bequests and the net receipts of the motor vehicle excise tax allocated to the state transit fund. Earnings on the fund shall be credited to the fund.
C. Money in the state transit fund is appropriated to the department and shall be used in the following percentages and for the following purposes:
(1) twenty-five hundredths percent for administration of the fund and for programs receiving money from the fund;
(2) ten percent for special needs transportation for the elderly and for individuals with a disability, pursuant to a funding distribution plan developed by the department;
(3) sixty percent, pursuant to guidelines established by the department, for public transit service providers that are eligible entities as follows:
(a) for a regional transit district, the distribution shall be in an amount equal to the percent represented by the regional transit district's population when compared to the population of the state; and
(b) for eligible entities that are not located within a regional transit district, the distribution shall be in an amount equal to the percent represented by the population of the service area of the transit provider when compared to the population of the state;
(4) fourteen and eighty-eight hundredths percent for department park-and-ride services; and
(5) fourteen and eighty-seven hundredths percent to the rio metro regional transit district for commuter rail services, of which:
(a) three-fourths is for operations, maintenance or direct service functions; and
(b) one-fourth is for commuter rail planning and development.
D. A municipality, county or tribe that is located within a regional transit district shall only receive funds from the state transit fund from money distributed to the regional transit district in which the municipality, county or tribe is located.
E. Expenditures that may be made from the state transit fund for special needs transportation of persons who are elderly or individuals with a disability, public transit service, department park and ride service and commuter rail service include expenditures for operating, maintaining, administering, managing, acquiring capital, construction or reconstruction of facilities, contracting for transit services and acquisition of land or rights of way.
F. Expenditures that may be made from the state transit fund for commuter rail service planning include expenditures for planning, designing, consultant services, legal services, administration, management, engineering and acquisition of land or rights of way.
G. As used in this section:
(1) "department" means the department of transportation;
(2) "eligible entity" means an entity that provides public transportation services and may receive money from the state transit fund either directly or indirectly through a regional transit district, and includes a regional transit district, county, municipality or tribe;
(3) "individual with a disability" means an individual who because of illness, injury, age, congenital malfunction or other incapacity or temporary or permanent disability, including a person who is a wheelchair user or has semi-ambulatory capability, is unable to effectively use a public transportation service or facility without special facilities, planning or design;
(4) "regional transit district" means a political subdivision of the state created pursuant to the Regional Transit District Act that may include counties, municipalities and tribes; and
(5) "tribe" means a federally recognized Indian nation, tribe or pueblo located wholly or partially within New Mexico.
H. Any unexpended or unencumbered balance remaining in the state transit fund at the end of a fiscal year shall not revert to the general fund but shall remain in the fund."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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