0001| HOUSE BILL 487
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| ROBERT S. LIGHT
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO THE PETROLEUM PRODUCTS LOADING FEE; INCREASING THE
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0013| PETROLEUM PRODUCTS LOADING FEE; PROVIDING FOR DECREASES AND
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0014| REMOVAL OF THE PETROLEUM PRODUCTS LOADING FEE UNDER CERTAIN
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0015| CIRCUMSTANCES; AMENDING SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 7-1-6.25 NMSA 1978 (being Laws 1988,
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0019| Chapter 70, Section 9, as amended) is amended to read:
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0020| "7-1-6.25. DISTRIBUTION OF PETROLEUM PRODUCTS LOADING
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0021| FEE--CORRECTIVE ACTION FUND [LOCAL GOVERNMENTS ROAD FUND].--[A.]
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0022| A distribution pursuant to Section 7-1-6.1 NMSA 1978 of the net
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0023| receipts attributable to the petroleum products loading fee
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0024| shall be made [to each of the following funds in the following
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amounts:
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(1)] to the corrective action fund [an amount
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equal to fifty percent of the net receipts; and
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(2) to the local governments road fund an
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amount equal to fifty percent of the net receipts.
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B. Imposition of the petroleum products loading fee
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shall cease on the first day of the month following the
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expiration of ninety days from the end of the month for which
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the unencumbered balance of the corrective action fund is
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certified to equal or exceed fifty million dollars ($50,000,000)
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and for every month thereafter until the unencumbered balance is
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certified by the secretary of environment to be less than or
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equal to twelve million dollars ($12,000,000) as of the end of
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any month, in which event the imposition of the petroleum
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products loading fee shall be reinstated on the first day of the
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month following the expiration of ninety days after the end of
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the month for which the certification was made and the
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distribution of the fee shall be returned to the corrective
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action fund]."
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0019| Section 2. Section 7-13A-3 NMSA 1978 (being Laws 1990,
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0020| Chapter 124, Section 16) is amended to read:
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0021| "7-13A-3. IMPOSITION AND RATE OF FEE--DENOMINATION AS
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0022| "PETROLEUM PRODUCTS LOADING FEE".--
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0023| A. For the privilege of loading gasoline or special
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0024| fuel from a rack at a refinery or pipeline terminal in this
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0025| state into a cargo tank, there is imposed a fee on the
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0001| distributor at a rate provided in Subsection C of this section
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0002| on each gallon of gasoline or special fuel loaded in New Mexico
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0003| on which the petroleum products loading fee has not been
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0004| previously paid.
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0005| B. For the privilege of importing gasoline or
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0006| special fuel into this state for resale or consumption in this
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0007| state there is imposed a fee determined as provided in
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0008| Subsection C of this section on each load of gasoline or special
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0009| fuel imported into New Mexico for resale or consumption on which
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0010| the petroleum products loading fee has not been previously paid.
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0011| For the purposes of this section, "load" means eight thousand
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0012| gallons of gasoline or special fuel. To determine how many
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0013| loads a person is to report under the provisions of this
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0014| section, the person shall divide by eight thousand the total
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0015| gallons of gasoline reported for the purposes of Section 7-13-3
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0016| NMSA 1978 as adjusted under the provisions of Section 7-13-4
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0017| NMSA 1978 and the total gallons of special fuels received in New
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0018| Mexico less any gallons exempted under Section 7-13A-4 NMSA
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0019| 1978. Loads shall be calculated to the nearest one-hundredth of
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0020| a load.
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0021| C. The fee imposed by this section is and may be
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0022| referred to as the "petroleum products loading fee" and shall be
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0023| [eighty dollars ($80.00)] one hundred twenty dollars ($120)
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0024| per load or whichever of the following applies:
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0025| (1) in the event the secretary of environment
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0001| certifies that expenditures from and obligations against the
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0002| corrective action fund do not exceed twelve million dollars
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0003| ($12,000,000) in a single fiscal year, on and after the first
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0004| day of the month following the expiration of ninety days from
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0005| the end of the month in which the certification was made, the
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0006| fee shall be reduced to eighty dollars ($80.00) per load;
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0007| (2) in the event the secretary of environment
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0008| certifies that expenditures from and obligations against the
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0009| corrective action fund do not exceed six million dollars
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0010| ($6,000,000) in a single fiscal year, on and after the first day
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0011| of the month following the expiration of ninety days from the
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0012| end of the month in which the certification was made, the fee
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0013| shall be reduced to forty dollars ($40.00) per load;
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0014| (3) in the event the secretary of environment
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0015| certifies that the unobligated balance of the corrective action
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0016| fund equals or exceeds eighteen million dollars ($18,000,000) at
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0017| the end of any month, on and after the first day of the month
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0018| following the expiration of ninety days from the end of the
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0019| month in which the certification was made, the fee shall not be
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0020| imposed; or
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0021| (4) in the event that during any period the
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0022| fee is not imposed, the secretary of environment certifies that
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0023| the unobligated balance of the corrective action fund equals or
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0024| is less than six million dollars ($6,000,000) at the end of any
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0025| month, on and after the first day of the month following the
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0001| expiration of ninety days from the end of the month in which the
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0002| certification was made, the fee shall be reinstated at eighty
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0003| dollars ($80.00) per load.
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0004| D. As used in this section, "unobligated balance of
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0005| the corrective action fund" means corrective action fund equity
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0006| less all known or anticipated liabilities against the fund."
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0007| Section 3. EFFECTIVE DATE.--The effective date of the
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0008| provisions of this act is July 1, 1996.
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0009| State of New Mexico
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0010| House of Representatives
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0011|
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0012| FORTY-SECOND LEGISLATURE
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0013| SECOND SESSION, 1996
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0014|
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0015|
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0016| February 9, 1996
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0022| been referred
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0023|
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0024| HOUSE BILL 487
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0025|
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0001| has had it under consideration and reports same WITHOUT
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0002| RECOMMENDATION, amended as follows:
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0003|
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0004| 1. On page 1, lines 12 and 13, strike "DECREASES AND REMOVAL
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0005| OF" and insert in lieu thereof "CHANGES IN".
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0006|
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0007| 2. On page 1, line 20, after the first occurrence of "FUND"
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0008| insert a dash and remove the brackets and line through "LOCAL
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0009| GOVERNMENTS ROAD FUND".
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0010|
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0011| 3. On page 1, lines 23 and 24, strike the brackets and line-through, and on line 25 strike "to the corrective action fund" and
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0012| insert in lieu thereof:
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0013|
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0014| "A. to the local governments road fund an amount equal
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0015| to the net receipts attributable to a fee of forty dollars
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0016| ($40.00) per load; and
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0017|
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0018| B. to the corrective action fund the balance, if any,
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0019| of the net receipts.".
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0020|
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0021| 4. On page 3, line 22, strike "one hundred twenty dollars
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0022| ($120)" and insert in lieu thereof "one hundred fifty dollars
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0023| ($150)".
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0024|
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0025| 5. On page 3, strike lines 24 and 25, strike all of page 4
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0001| and on page 5, strike lines 1 and 2 and insert in lieu thereof:
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0002|
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0003| "(1) in the event the secretary of environment
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0004| certifies that the unobligated balance of the corrective action
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0005| fund at the end of the prior fiscal year equals or exceeds
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0006| eighteen million dollars ($18,000,000) the fee shall be set at
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0007| forty dollars ($40.00) per load;
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0008|
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0009| (2) in the event the secretary of environment
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0010| certifies that the unobligated balance of the corrective action
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0011| fund at the end of the prior fiscal year exceeds twelve million
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0012| dollars ($12,000,000) but is less than eighteen million dollars
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0013| ($18,000,000) the fee shall be set at eighty dollars ($80.00) per
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0014| load;
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0015|
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0016| (3) in the event the secretary of environment
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0017| certifies that the unobligated balance of the corrective action
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0018| fund at the end of the prior fiscal year exceeds six million
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0019| dollars ($6,000,000) but is less than twelve million dollars
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0020| ($12,000,000) the fee shall be set at one hundred twenty dollars
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0021| ($120) per load; and
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0022|
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0023| (4) in the event the secretary of environment
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0024| certifies that the unobligated balance of the corrective action
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0025| fund at the end of the prior fiscal year is less than six million
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0001| dollars ($6,000,000) the fee shall be set at one hundred fifty
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0002| dollars ($150) per load.
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0003|
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0004| D. The amount of the petroleum products loading fee
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0005| set pursuant to Paragraph (1), (2), (3) or (4) of Subsection C of
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0006| this
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0007| section shall be imposed on the first day of the month following
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0008| expiration of ninety days after the end of the fiscal year for
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0009| which the certification was made.".
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0010|
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0011| 6. Reletter the succeeding subsection accordingly.,
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0012|
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0013| and thence referred to the TRANSPORTATION COMMITTEE.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020| Jerry W. Sandel, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
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0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 7 For 4 Against
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0005| Yes: 7
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0006| No: Gonzales, Lovejoy, Lujan, Sandoval
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0007| Excused: Crook, Hawkins
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0008| Absent: None
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0009|
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0010|
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0011| .111970.2
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0012| H0487TR1
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0013|
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