HOUSE BILL 197

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Richard J. Berry

AN ACT

RELATING TO TAXATION; PROVIDING FOR A DISTRIBUTION TO THE STATE ROAD FUND BASED ON THE GROSS RECEIPTS TAX PAID ON STATE HIGHWAY CONSTRUCTION PROJECTS; MAKING AN APPROPRIATION.

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

     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;

                (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.

          C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the state road fund in an amount equal to one-twelfth of the total amount of gross receipts tax certified by the department of transportation as having been paid in the prior fiscal year by the department of transportation as a component of contracts for maintenance of state highways or for design or construction of state highway projects. The department of transportation shall provide the certification annually prior to July 10."

     Section 2. Section 67-3-65.1 NMSA 1978 (being Laws 1983, Chapter 211, Section 40, as amended) is amended to read:

     "67-3-65.1. STATE ROAD FUND DISTRIBUTION.--

          A. The amounts distributed to the state road fund pursuant to [Sections] Subsections A and B of Section 7-1-6.10 and Sections 66-6-23 and 66-6-23.1 NMSA 1978 shall be used for maintenance, construction and improvement of state transportation projects and to meet federal allotments under the federal-aid road laws, but sufficient money from the state road fund shall be set aside each year by the state treasurer to pay the principal and interest due each year on state transportation revenue bonds issued to anticipate the collection of this revenue.

          B. The amounts distributed to the state road fund pursuant to Subsection C of Section 7-1-6.10 NMSA 1978 shall be used only for public highway maintenance, construction and improvement."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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