SENATE BILL 250

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO STATE AIRCRAFT; LIMITING USE TO AUTHORIZED PASSENGERS; PROVIDING FOR JOINT USE BY THE DEPARTMENT OF PUBLIC SAFETY; ALLOWING ASSESSMENT OF CERTAIN TRAVEL CHARGES.

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

     SECTION 1. Section 15-9-2 NMSA 1978 (being Laws 1994, Chapter 135, Section 2) is amended to read:

     "15-9-2. DEFINITIONS.--As used in the State Aircraft Act:

          A. "authorized passenger" means a person authorized by the department to use state aircraft, including the governor, lieutenant governor, secretary of state, attorney general, state auditor and state treasurer; members of the public regulation commission; state legislators; members of the state's congressional delegation and their staff members when accompanying their congressional delegates; officials and employees of the executive, legislative and judicial branches of government; and medical personnel; 

          [A.] B. "department" means the general services department; [and

          B.] C. "state aircraft" means [all state] the department's airplanes used primarily to transport passengers; and

          D. "travel charges" means amounts charged by the department, including fuel surcharges and other fees, incidental to the use of state aircraft."

     SECTION 2. Section 15-9-3 NMSA 1978 (being Laws 1994, Chapter 135, Section 3) is amended to read:

     "15-9-3. AIRCRAFT CONSOLIDATION--DEPARTMENT DUTIES.--

          A. [All] State aircraft shall be consolidated in the department for the use of the state's agencies [departments, branches and institutions] and other persons authorized by the department.

          B. The department shall:

                (1) adopt and file in accordance with the State Rules Act rules and regulations to carry out the provisions of the State Aircraft Act;

                (2) own, operate and maintain the state's aircraft fleet;

                (3) provide centralized statewide scheduling of aircraft;

                (4) designate destination airports;

                (5) determine travel charges for the use of state aircraft and associated aircraft services and personnel;

                (6) determine use requirements, including the number of required passengers per flight and under what conditions persons other than [state officers and employees] authorized passengers are allowed to travel in state aircraft; and

                (7) determine other requirements it deems appropriate or fiscally responsible.

          C. The department may enter into agreements, including cost-sharing agreements, with the department of public safety for joint use of state aircraft.

          [C.] D. The director of the transportation services division of the department or the secretary of general services may refuse a request for state aircraft scheduling for any reason."

     SECTION 3. Section 15-9-4 NMSA 1978 (being Laws 1994, Chapter 135, Section 4, as amended) is amended to read:

     "15-9-4. TRAVEL CHARGES.--The department shall charge for the use of state aircraft. The department may assess fuel surcharges and other travel charges for fees incidental to the use of state aircraft. The department shall establish the amount of travel charges each year pursuant to applicable rules and with consideration given to any legislative appropriations for the operation and maintenance of state aircraft for that fiscal year. Travel charges shall be sufficient to offset the costs of operation and maintenance [and depreciation] of state aircraft. Money collected for travel charges shall be deposited in the aviation services fund."

     SECTION 4. Section 15-9-4.1 NMSA 1978 (being Laws 1995, Chapter 49, Section 3) is amended to read:

     "15-9-4.1. AVIATION SERVICES FUND.--There is created in the state treasury the "aviation services fund". Money in the fund is appropriated to the [general services] department for the purpose of operating, maintaining and repairing state aircraft, including fuel, insurance, pilot compensation and other basic support costs. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the [motor pool] transportation services division of the [general services] department or the director's authorized representative. Money in the fund shall not revert at the end of any fiscal year."

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