FORTY-SIXTH LEGISLATURESB 114/a

SECOND SESSION, 2004

February 3, 2004

Madam President:

    Your FINANCE COMMITTEE, to whom has been referred

SENATE BILL 114

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, between lines 15 and 16, insert the following section:

    "Section 1. Section 7-1-6.10 NMSA 1978 (being Laws 1983, Chapter 211, Section 15, as amended) is amended to read:

    "7-1-6.10. DISTRIBUTIONS--STATE ROAD FUND.--

         A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state road fund in an amount equal to the net receipts attributable to the taxes, surcharges, penalties and interest imposed pursuant to the Gasoline Tax Act and to the taxes, surtaxes, fees, penalties and interest imposed pursuant to the Special Fuels Supplier Tax Act and the Alternative Fuel Tax Act less:

             (1) the amount distributed to the state aviation fund pursuant to Subsection B of Section 7-1-6.7 NMSA 1978;

             (2) the amount distributed to the motorboat fuel tax fund pursuant to Section 7-1-6.8 NMSA 1978;

             (3) the amount distributed to municipalities and counties pursuant to Subsection A of Section 7-1-6.9 NMSA 1978;

             (4) the amount distributed to the county government road fund pursuant to Section 7-1-6.19 NMSA 1978;

             (5) the amount distributed to the local governments road fund pursuant to Section 7-1-6.39 NMSA 1978;

             (6) the amount distributed to the municipalities pursuant to Section 7-1-6.27 NMSA 1978;

             (7) the amount distributed to the municipal arterial program of the local governments road fund pursuant to Section 7-1-6.28 NMSA 1978; [and]

             (8) the amount distributed to a qualified tribe pursuant to a gasoline tax sharing agreement entered into between the secretary of transportation and the qualified tribe pursuant to the provisions of Section 67-3-8.1 NMSA 1978; and

             (9) the amount distributed to the general fund pursuant to Section 7-1-6.44 NMSA 1978.

         B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state road fund in an amount equal to the net receipts attributable to the taxes, interest and penalties from the Weight Distance Tax Act."".

    2. Renumber the succeeding sections accordingly.

    3. On page 1, line 21, strike "a" and insert in lieu thereof "each".

    4. On page 1, line 25, after "distribution" insert "to each qualified tribe".

    5. On page 2, line 2, strike "a" and insert in lieu thereof "the".

     6. On page 2, between lines 4 and 5, insert the following new subsections:

         "B. From the balance remaining each month from the gasoline tax revenue on two million five hundred thousand gallons of gasoline per qualified tribe after distributions made pursuant to Subsection A of this section, a distribution of thirty-three thousand three hundred thirty-three dollars ($33,333) shall be made to the general fund.

         C. The balance remaining after the distributions from gasoline tax revenue from two million five hundred thousand gallons of gasoline per qualified tribe pursuant to Subsections A and B of this section shall be distributed pursuant to Section 7-1-6.10 NMSA 1978.".

    7. Reletter the succeeding subsection accordingly.

    8. On page 2, line 10, before the period insert "and has entered into a gasoline tax sharing agreement pursuant to Section 67-3-8.1 NMSA 1978".

                               Respectfully submitted,

                               __________________________________

                               Ben D. Altamirano, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 6 For 0 Against

Yes:      6

No:       0

Excused: Campos, Carraro, Jennings, Tsosie

Absent:   None

SB0114FC1                                                  .150380.3