SENATE BILL 398

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

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO REVENUE SHARING; ENACTING THE LOCAL GOVERNMENT REVENUE-SHARING ACT; DISTRIBUTING AN AMOUNT EQUAL TO A PERCENTAGE OF TRIBAL GAMING REVENUE TO THE LOCAL GOVERNMENT REVENUE-SHARING FUND; PROVIDING FOR DISTRIBUTIONS TO LOCAL GOVERNMENTS IN WHICH INDIAN GAMING FACILITIES ARE LOCATED; MAKING APPROPRIATIONS.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Local Government Revenue-Sharing Act".

     SECTION 2. DEFINITIONS.--As used in the Local Government Revenue-Sharing Act:

          A. "chapter" means a chapter of the Navajo Nation located within the exterior boundaries of McKinley or Cibola county;

          B. "department" means the Indian affairs department;

          C. "fund" means the local government revenue-sharing fund;

          D. "government infrastructure" means a chapter house or chapter buildings, roads, other capital assets of a chapter or other basic physical and organizational structures needed for the operation of a chapter;

          E. "local government" means a class B county with a population of no less than seventy thousand and no more than seventy-five thousand according to the last federal decennial census that has a tribal gaming facility located within the exterior boundaries of the county;

          F. "tribal gaming facility" means a gaming facility on land approved for such a facility by the federal government pursuant to the federal Indian Gaming Regulatory Act controlled by a tribe and operating pursuant to a class III tribal-state gaming compact; and

          G. "tribe" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico that has entered into a class III tribal-state gaming compact with the state.

     SECTION 3. QUARTERLY DISTRIBUTIONS--APPROPRIATIONS.--An amount equal to ten percent of the net receipts of revenue sharing paid quarterly to the state pursuant to a class III tribal-state gaming compact by a tribal government on behalf of a tribal gaming facility located within a local government is appropriated and shall be distributed from the general fund in fiscal year 2014 and in each subsequent fiscal year to the local government revenue-sharing fund for purposes of the Local Government Revenue-Sharing Act.

     SECTION 4. FUND CREATED--ADMINISTRATION.--

          A. The "local government revenue-sharing fund" is created in the state treasury. The department shall administer the fund.

          B. Distributions from the general fund made quarterly by the legislature pursuant to the Local Government Revenue-Sharing Act shall be deposited in the fund. Earnings on the fund shall be credited to the general fund.

          C. Balances in the fund are appropriated to the department to carry out the purposes of the Local Government Revenue-Sharing Act. Distributions from the fund shall be made by warrant issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of Indian affairs or the secretary of Indian affairs' designee.

          D. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall revert to the general fund.

     SECTION 5. AUTHORIZED PURPOSES--USE OF PROCEEDS.--

          A. The department shall adopt rules governing terms, conditions and priorities for providing financial assistance to a chapter, including developing application and evaluation procedures and forms and qualifications for applicants and for projects. The department may establish procedures and adopt rules as required to administer the fund and to originate grants or loans for qualified projects or qualified scholarships.

          B. Financial assistance, grants or loans provided by the department shall be allocated as follows:

                (1) fifty percent of the distribution shall be allocated to educational grants, loans or assistance for tribally enrolled members of a chapter to pursue an education at a tribal college, public post-secondary educational institution, community college or technical and vocational institute; and

                (2) fifty percent of the distribution shall be allocated to government infrastructure.

          C. The department may provide financial assistance to a chapter for qualified projects or qualified scholarships on terms and conditions established by rule. The department shall authorize funding for:

                (1) qualified projects, including:

                     (a) planning, designing, constructing, improving, expanding or equipping water and wastewater facilities, major water systems, electrical power lines, communications infrastructure, roads, health infrastructure, emergency response facilities and infrastructure needed to encourage economic development;

                     (b) developing engineering feasibility reports for infrastructure projects;

                     (c) inspecting construction of qualified projects;

                     (d) providing special engineering services;

                     (e) completing environmental assessments or archaeological clearances and other surveys for infrastructure projects;

                     (f) acquiring land, easements or rights of way; and

                     (g) paying legal costs and fiscal agent fees associated with development of qualified projects; and

                (2) qualified educational scholarships, including:

                     (a) tuition assistance;

                     (b) room and board assistance; and

                     (c) textbook assistance.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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