SENATE BILL 221

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO RAILROAD SERVICE; CREATING A FUND; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of Chapter 67, Article 3 NMSA 1978 is enacted to read:  

     "[NEW MATERIAL] SOUTHWEST CHIEF RAIL SERVICE FUND--CREATED.--

          A. The "southwest chief rail service fund" is created in the state treasury. The fund shall be administered by the department and is appropriated for the purposes set out in this section. The fund shall consist of money appropriated, donated or otherwise accrued to the fund. Earnings on investment of the fund shall be credited to the fund. Balances in the fund shall not revert to any other fund at the end of a fiscal year.

          B. Money in the fund shall be used solely for acquisition of rights of way or planning, design, engineering, construction or improvement of the railroad track and infrastructure within New Mexico used by the Amtrak southwest chief train from the state line to Albuquerque as identified in the southwest chief routing publication for route miles under review and is appropriated to the department for expenditure for those purposes; provided that no funds may be expended from the fund until the states of Colorado and Kansas establish similar funds for the corresponding southwest chief railroad track within their borders and the department has entered into a binding agreement with Amtrak and the states of Colorado and Kansas to maintain the southwest chief train service on the northern route in New Mexico through fiscal year 2055. The department may begin negotiations for an interstate compact or other agreement between New Mexico, Colorado and Kansas pertaining to rail improvements along the northern route of the Amtrak southwest chief and the funding of those improvements and a service agreement with Amtrak and the Burlington northern Santa Fe railway. Any agreement is subject to legislative approval."

     SECTION 2. APPROPRIATION.--Four million dollars ($4,000,000) is appropriated from the general fund to the southwest chief rail service fund for expenditure in fiscal year 2015 and subsequent fiscal years for the purposes of the southwest chief rail service fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

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