0001| HOUSE BILL 669
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| DANIEL P. SILVA
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO TRANSPORTATION; ENACTING THE REGIONAL TRANSIT
|
0012| AUTHORITY ACT; AUTHORIZING THE CREATION OF REGIONAL TRANSIT
|
0013| AUTHORITIES; PROVIDING THE POWERS AND DUTIES OF A REGIONAL
|
0014| TRANSIT AUTHORITY; AUTHORIZING THE IMPOSITION OF A GROSS
|
0015| RECEIPTS TAX; AUTHORIZING ISSUANCE OF REGIONAL TRANSIT REVENUE
|
0016| BONDS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
|
0017|
|
0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
|
0020| through 28 of this act may be cited as the "Regional Transit
|
0021| Authority Act".
|
0022| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the
|
0023| Regional Transit Authority Act is to:
|
0024| A. serve the public welfare by providing for the
|
0025| creation of a comprehensive network of safe, efficient and
|
0001| affordable public transportation within a metropolitan area;
|
0002| B. provide a public transit system to reduce the
|
0003| congestion of single-occupancy motor vehicle passenger traffic
|
0004| in a metropolitan area by providing transportation options for
|
0005| residents;
|
0006| C. decrease automobile accidents by reducing
|
0007| traffic congestion on freeways and streets;
|
0008| D. reduce noise and air pollution produced by motor
|
0009| vehicles; and
|
0010| E. provide residents with a choice of
|
0011| transportation alternatives, so that seniors, youth, low-income
|
0012| and mobility-impaired residents and others unable to drive or
|
0013| to afford an automobile continue to have full access to the
|
0014| goods, services and activities of the community.
|
0015| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0016| Regional Transit Authority Act:
|
0017| A. "authority" means a regional transit authority
|
0018| created pursuant to the provisions of the Regional Transit
|
0019| Authority Act;
|
0020| B. "board" means a regional transit authority
|
0021| board;
|
0022| C. "condemn" or "condemnation" means the
|
0023| acquisition of property or an interest in property by a
|
0024| regional transit authority through the exercise of the power of
|
0025| eminent domain;
|
0001| D. "department" means the taxation and revenue
|
0002| department, the secretary of taxation and revenue or any
|
0003| employee of the department exercising authority lawfully
|
0004| delegated to that employee by the secretary;
|
0005| E. "high-occupancy vehicle" means any vehicle
|
0006| carrying more than one person, including buses, vans, cars and
|
0007| passenger trains;
|
0008| F. "metropolitan area" means an area consisting of
|
0009| at least two contiguous counties, one of which has a
|
0010| municipality with a population in excess of twenty thousand;
|
0011| G. "motor vehicle" means a self-propelled vehicle
|
0012| suitable for operation on highways;
|
0013| H. "municipality" means any incorporated city, town
|
0014| or village, whether incorporated under general act, special act
|
0015| or special charter;
|
0016| I. "person" means an individual or any other legal
|
0017| entity;
|
0018| J. "principal city" means the city of largest
|
0019| population within a metropolitan area;
|
0020| K. "public transit system" means a public transit
|
0021| network that transports passengers by means of high-occupancy
|
0022| vehicles that is created and administered by an authority;
|
0023| L. "secretary" means the secretary of taxation and
|
0024| revenue; and
|
0025| M. "regional transit gross receipts tax" means the
|
0001| gross receipts tax imposed pursuant to the Regional Transit and
|
0002| Authority Act.
|
0003| Section 4. [NEW MATERIAL] CREATION OF TRANSIT
|
0004| AUTHORITY--NOTICE AND HEARING.--
|
0005| A. The governing body of a principal city in a
|
0006| metropolitan area may institute proceedings to create an
|
0007| authority in the manner prescribed in the Regional Transit
|
0008| Authority Act.
|
0009| B. The proposed authority consists of the county in
|
0010| which the principal city is located and may include additional
|
0011| adjacent counties or municipalities in the metropolitan area
|
0012| outside of the county where the principal city is located,
|
0013| provided that the entirety of the territory of each county or
|
0014| municipality is included.
|
0015| C. Upon a finding that a metropolitan area lacks
|
0016| adequate public transportation infrastructure, a majority of
|
0017| the members of the governing body of the principal city may
|
0018| adopt a resolution proposing to create an authority,
|
0019| determining the territorial area of the proposed authority and
|
0020| fixing the time and place that the governing body will conduct
|
0021| a public hearing on the proposal. The governing body of the
|
0022| principal city shall not adopt a resolution proposing creation
|
0023| of an authority without the concurrence of a majority of the
|
0024| members of the governing body of each county and municipality
|
0025| it proposes to include within that area.
|
0001| D. Notice of the time and place of the public
|
0002| hearing, including a copy of the resolution setting out the
|
0003| territorial area of the proposed authority, shall be sent by
|
0004| registered mail to the governing body and chief executive
|
0005| officer of each county and municipality included in the
|
0006| proposed authority area. Notice of the public hearing and a
|
0007| copy of the resolution shall be published by each county and
|
0008| municipality once a week for two consecutive weeks in at least
|
0009| one newspaper of general circulation in the metropolitan area.
|
0010| The first publication shall be not less than fifteen days prior
|
0011| to the date fixed for the hearing. Copies of the notice and
|
0012| resolution shall also be available upon request to interested
|
0013| persons in the metropolitan area.
|
0014| E. At the public hearing, representatives of
|
0015| municipalities and counties in the metropolitan area and other
|
0016| interested persons may present evidence for or against the
|
0017| creation of the proposed authority and for or against the need
|
0018| for construction or expansion of a public transit system in the
|
0019| metropolitan area.
|
0020| F. If, after hearing all evidence at the public
|
0021| hearing, the governing body of the principal city finds that
|
0022| the creation of an authority and the construction and operation
|
0023| of a public transit system is necessary for the public health
|
0024| and welfare and will benefit residents of the area, the
|
0025| governing body shall adopt a resolution proposing creation of
|
0001| the authority subject to approval by the voters at a
|
0002| confirmation election, naming the authority, prescribing the
|
0003| territorial area of the authority and providing for appointment
|
0004| of an interim board.
|
0005| G. If, after hearing all evidence at the public
|
0006| hearing, the governing body of the principal city finds that
|
0007| the creation of the authority and the construction and
|
0008| operation of a public transit system in the metropolitan area
|
0009| are not necessary for the public health and welfare and would
|
0010| not benefit the residents of the metropolitan area, it shall
|
0011| not create the authority. The governing body shall not again
|
0012| adopt a resolution proposing creation of an authority for at
|
0013| least two years after the disapproval of the resolution by the
|
0014| voters.
|
0015| H. If the principal city adopts a resolution
|
0016| proposing creation of an authority, it shall submit that
|
0017| resolution to the governing body of each county and
|
0018| municipality it proposes to include within the area of the
|
0019| authority. Each governing body included shall, within sixty
|
0020| days, approve or disapprove by resolution their inclusion in
|
0021| the proposed authority. Failure to adopt a resolution in favor
|
0022| of inclusion shall result in that jurisdiction being excluded
|
0023| in the initial confirmation election.
|
0024| Section 5. [NEW MATERIAL] REGIONAL TRANSIT AUTHORITY
|
0025| BOARD.--The construction and operation of an authority and its
|
0001| properties shall be vested in a regional transit authority
|
0002| board. Board members shall be qualified electors who reside
|
0003| within the boundaries of the political subdivision of the
|
0004| authority that they represent.
|
0005| Section 6. [NEW MATERIAL] REGIONAL TRANSIT AUTHORITY
|
0006| BOARD--MEMBERSHIP AND TERMS OF OFFICE.--
|
0007| A. An interim board shall be appointed by the
|
0008| political subdivision that it represents within thirty days
|
0009| after the date of the adoption of the resolution by the voters
|
0010| at the confirmation election. Interim board members shall
|
0011| serve until January 1 of the year following the general
|
0012| election at which the initial regular board members are
|
0013| elected. The appointed interim board members shall have the
|
0014| same proportional representation as the elected regular board
|
0015| members, and shall have the same powers and duties and be
|
0016| subject to the same provisions of the Regional Transit
|
0017| Authority Act as regular board members. Each interim board
|
0018| member serves at the pleasure of the appointing political
|
0019| subdivision.
|
0020| B. Regular board members shall be elected at a
|
0021| special election to be conducted at the same time as the
|
0022| general election, with the initial regular members being
|
0023| elected at a special election conducted at the same time as the
|
0024| first general election after the confirmation election provided
|
0025| for in Section 7 of the Regional Transit Authority Act. Board
|
0001| members shall serve terms of four years. Prior to the election
|
0002| of the permanent board, the interim board shall determine by
|
0003| lot which half of the regular members shall serve initial two-
|
0004| and four-year terms. After the initial election, all board
|
0005| members shall be elected for four-year terms.
|
0006| C. A board shall consist of at least five members.
|
0007| The number of principal city members shall be no more than one
|
0008| less than a majority of membership on the board. Each
|
0009| political subdivision shall have one member. A municipality
|
0010| having a population of at least fifty thousand, as determined
|
0011| in the most recent federal decennial census shall have one
|
0012| additional member for each additional fifty thousand persons in
|
0013| the municipality.
|
0014| D. Vacancies on the board shall be filled for the
|
0015| remainder of the term in the manner provided for the original
|
0016| appointment of the interim board. Upon expiration of the term
|
0017| of office of each member of the board, a member may seek office
|
0018| for the succeeding term.
|
0019| E. Board members shall be reimbursed for per diem
|
0020| and mileage as provided for public officers in the Per Diem and
|
0021| Mileage Act.
|
0022| F. Board members shall be residents of the
|
0023| political subdivisions that they represent, and qualified
|
0024| voters of the authority.
|
0025| G. Members shall select annually from among their
|
0001| membership a chairman, a vice chairman and a secretary, and
|
0002| other officers as it deems necessary. No member of the board
|
0003| or officer of the authority shall have pecuniary interest in or
|
0004| benefit directly or indirectly from any contract or agreement
|
0005| to which the authority is a party.
|
0006| H. The board shall meet at least once a month for
|
0007| the purpose of transacting the business of the authority. In
|
0008| addition to regularly scheduled meetings, the chairman may call
|
0009| special meetings as may be necessary upon written notice at
|
0010| least ten days prior to the meeting. A majority of the members
|
0011| shall constitute a quorum of the board for the purpose of
|
0012| conducting its business and exercising its powers.
|
0013| I. A member of the board may be removed from office
|
0014| for nonfeasance, misfeasance or malfeasance in office by the
|
0015| governing body that appointed that member or that represents
|
0016| the political subdivision that elected that member, or by a
|
0017| majority of the permanent board.
|
0018| Section 7. [NEW MATERIAL] CONFIRMATION ELECTION.--
|
0019| A. Within thirty days of its appointment, the
|
0020| interim board shall adopt a resolution calling for a
|
0021| confirmation election to be held within one hundred eighty days
|
0022| of the date the resolution calling for the election is adopted.
|
0023| The confirmation election shall be for the purpose of
|
0024| determining whether the creation of the authority shall be
|
0025| confirmed and the board authorized to impose a regional transit
|
0001| gross receipts tax at a rate not to exceed one-half of one
|
0002| percent of the gross receipts of persons engaging in business
|
0003| in the authority area, to fund a public transit system and
|
0004| provide public transit services in the metropolitan area.
|
0005| B. The question submitted to the voters at the
|
0006| confirmation election shall be:
|
0007| "Shall the creation of the (name of the authority)
|
0008| , consisting of (names of counties and municipalities to
|
0009| be included), be confirmed and shall the board of the
|
0010| authority be authorized to impose a regional transit gross
|
0011| receipts tax in the amount of _______ percent of gross receipts
|
0012| not to exceed one-half of one percent of the gross receipts of
|
0013| persons engaging in business in the authority area, to fund a
|
0014| public transit system and provide public transit services in
|
0015| the metropolitan area? _____ Yes _____
|
0016| No".
|
0017| C. The election shall be conducted so that votes
|
0018| are separately tabulated and canvassed in each separate
|
0019| political subdivision in which the election is held.
|
0020| D. Those counties or municipalities in which a
|
0021| majority of the voters voting on the question votes against the
|
0022| confirmation of the creation of the authority and the levy of
|
0023| the proposed tax shall not become part of the authority. Those
|
0024| political subdivisions where a majority of the voters voting on
|
0025| the question votes in favor of the creation of the authority
|
0001| and the levy of the proposed tax shall become part of the
|
0002| authority.
|
0003| E. If the vote is not favorable in the principal
|
0004| city that initiated the confirmation election, the authority
|
0005| shall not be created, and the principal city shall not again
|
0006| propose to create an authority for a period of at least two
|
0007| years from the date of the confirmation election.
|
0008| F. The expense of calling and conducting the
|
0009| confirmation election shall be borne by the principal city
|
0010| proposing the authority. However, if the election results in
|
0011| the creation of an authority, the authority shall reimburse the
|
0012| principal city for all expenditures made in the course of
|
0013| calling and conducting the election within twelve months after
|
0014| the date on which collection of the tax for the authority
|
0015| begins.
|
0016| G. At any time after the confirmation election, the
|
0017| board may call an election to increase the gross receipts tax
|
0018| levy for the purpose of expanding transit services. The
|
0019| expense of calling and conducting this election shall be borne
|
0020| by the authority. If a majority of the votes cast in the
|
0021| election favors an increase in the gross receipts tax, that
|
0022| additional tax shall be imposed. If a majority of the votes
|
0023| cast in the election does not favor an increase in the gross
|
0024| receipts tax, the additional tax shall not be imposed, and the
|
0025| authority shall not again propose to increase the tax for a
|
0001| period of at least two years from the date of that election.
|
0002| H. The dates on which the authority shall be
|
0003| established, additional jurisdictions can join an authority or
|
0004| a jurisdiction can withdraw from an authority shall be January
|
0005| 1 or July 1 immediately following the election.
|
0006| Section 8. [NEW MATERIAL] POWERS OF THE AUTHORITY.--
|
0007| A. An authority, when created and confirmed, shall
|
0008| constitute a public body corporate and politic, exercising
|
0009| governmental functions, having the power necessary to carry out
|
0010| the purposes of the Regional Transit Authority Act.
|
0011| B. An authority may sue and be sued in all courts
|
0012| of competent jurisdiction.
|
0013| C. An authority may adopt and use a seal of the
|
0014| authority.
|
0015| D. An authority may fix the fiscal year for the
|
0016| authority.
|
0017| E. An authority may acquire property by grant,
|
0018| purchase, gift, devise, lease or otherwise and may hold, use,
|
0019| sell, lease or dispose of real and personal property as it
|
0020| deems necessary for the full exercise of any of its powers
|
0021| pursuant to the provisions of the Regional Transit Authority
|
0022| Act.
|
0023| F. An authority may acquire, construct, complete,
|
0024| develop, own, operate and maintain a public transit system
|
0025| within its boundaries, and both within and without the
|
0001| boundaries of municipalities. For the purpose of the system,
|
0002| the authority shall have the right to use the streets, highways
|
0003| and other public ways, and, with permission of the owner, to
|
0004| relocate or alter the construction of any street, highway,
|
0005| other public way, electric and telephone lines and properties,
|
0006| pipelines, conduits and other properties, whether publicly or
|
0007| privately owned, if deemed necessary by the authority in the
|
0008| construction, reconstruction, repair, maintenance and operation
|
0009| of the system. Any damage that may occur to the property shall
|
0010| be borne by the authority.
|
0011| G. An authority may enter into agreements with any
|
0012| other public or private utility, communication system, common
|
0013| carrier or transportation system for the joint use of their
|
0014| respective facilities or properties within the authority and to
|
0015| establish routes, joint fares or transfer of passengers.
|
0016| H. An authority may enter into contracts, leases
|
0017| and agreements with and accept grants and loans from the
|
0018| federal government, its departments and agencies, and the state
|
0019| and any of its political subdivisions. A revenue bond
|
0020| indenture may provide limitations upon the exercise of the
|
0021| powers stated in this section, and the limitations shall apply
|
0022| as long as any revenue bonds issued pursuant to this indenture
|
0023| are outstanding and unpaid.
|
0024| I. An authority may propose for the construction,
|
0025| operation and maintenance of a public transit system, the
|
0001| imposition of an excise tax on any person engaging in business
|
0002| in the authority area, which shall not exceed a rate of one-
|
0003| half of one percent of the gross receipts of persons engaging
|
0004| in business in the authority.
|
0005| J. An authority may sell, lease, convey or
|
0006| otherwise dispose of any of its rights, interests or real or
|
0007| personal properties or surplus material not needed for the
|
0008| efficient operation and maintenance of the public transit
|
0009| system.
|
0010| K. An authority may lease the public transit system
|
0011| or any part of the system, or contract for the use or operation
|
0012| of the system by an operator; provided that a lease for
|
0013| operation of the entire system shall be subject to the written
|
0014| consent and approval of the governing body of the principal
|
0015| city.
|
0016| L. An authority shall establish and maintain rates,
|
0017| fares, tolls, charges, rents or other compensation for the use
|
0018| of the facilities of the public transit system constructed,
|
0019| operated and maintained by the authority, which shall be
|
0020| reasonable and nondiscriminatory, and shall, together with the
|
0021| transit gross receipts tax, be adequate to meet its financial
|
0022| obligations.
|
0023| M. An authority shall, by resolution, adopt rules
|
0024| governing the use, operation and maintenance of the public
|
0025| transit system and shall determine all routings whenever it is
|
0001| deemed advisable by the authority.
|
0002| N. An authority may contract with any municipality
|
0003| or county to provide public transit services to any area
|
0004| outside the boundaries of the authority.
|
0005| O. An authority may acquire by purchase real
|
0006| property and equipment necessary to develop a public transit
|
0007| system, including station stops and complexes, maintenance and
|
0008| operating facilities, transfer locations, bus stations and
|
0009| stops, intermodal facilities and office buildings.
|
0010| P. An authority may borrow money, issue bonds and
|
0011| enter into contracts and finance leasing.
|
0012| Q. An authority may invest funds of the authority
|
0013| in direct or indirect obligations of the United States, the
|
0014| state or any of its political subdivisions.
|
0015| Section 9. [NEW MATERIAL] POWER OF EMINENT DOMAIN.--
|
0016| The authority may exercise in the state the power of eminent
|
0017| domain, either within the authority or up to a five-mile radius
|
0018| outside the boundaries of the authority, and in the manner
|
0019| provided by law for the condemnation of private property for
|
0020| public use, may take any property necessary to carry out the
|
0021| purposes of the Regional Transit Authority Act.
|
0022| Section 10. [NEW MATERIAL] ADDITION OR WITHDRAWAL OF
|
0023| TERRITORY BY AN AUTHORITY.--
|
0024| A. After the creation of the authority, a governing
|
0025| body of a municipality or county adjacent to but not part of
|
0001| the authority may, upon concurrence of the board, propose to
|
0002| join the authority, determine the territorial area to become a
|
0003| part of that authority and fix the time and place that the
|
0004| governing body will conduct a public hearing on the proposal.
|
0005| If, after hearing all evidence at the public hearing, the
|
0006| governing body of the municipality or county finds that joining
|
0007| the authority would benefit residents of the area, an election
|
0008| shall be held by the municipality or county on the question of
|
0009| whether the municipality or county shall be annexed to the
|
0010| authority. If a majority of voters voting on the question
|
0011| votes in favor of the annexation, the municipal or county clerk
|
0012| shall certify the results of the election to the board, and the
|
0013| area shall become a part of the authority.
|
0014| B. If a city or town that is a part of an authority
|
0015| lawfully annexes additional territory that is not a part of the
|
0016| authority, the annexed territory shall become a part of the
|
0017| authority.
|
0018| C. A jurisdiction that is a part of the authority
|
0019| can withdraw from the authority by submitting to the voters the
|
0020| question: "Should (name of jurisdiction) withdraw from the
|
0021| (name of authority)?". If a majority of voters voting on the
|
0022| question votes in favor of withdrawal, the municipal or county
|
0023| clerk shall certify the results of the election to the board
|
0024| and the jurisdiction shall cease to be a member of the
|
0025| authority. The regional transit gross receipts tax shall
|
0001| continue until either the bonds that are outstanding at the
|
0002| time of withdrawal are paid in full, or the jurisdiction
|
0003| negotiates an agreement with the authority to provide funds
|
0004| sufficient to pay its pro rata share of the debt service on
|
0005| bonds previously issued to finance capital, and to acquire
|
0006| authority property lying within the bounds of the jurisdiction
|
0007| but outside the new boundaries of the authority. The
|
0008| provisions shall be negotiated and agreed to by the authority
|
0009| board, the governing body of the jurisdiction and the
|
0010| department.
|
0011| D. After the initial confirmation election to
|
0012| establish the authority, elections to join or withdraw shall be
|
0013| paid for by the jurisdiction that initiates the election.
|
0014| Section 11. [NEW MATERIAL] STATION OR TERMINAL
|
0015| COMPLEXES.--
|
0016| A. Before a station or terminal complex may be
|
0017| included in the system, the board shall determine that the
|
0018| proposed station or terminal complex will provide efficient and
|
0019| economical public transit service, will reduce vehicular
|
0020| congestion and air pollution in the metropolitan area and is
|
0021| reasonably essential to the successful operation of the system.
|
0022|
|
0023| B. A station or terminal complex shall include
|
0024| adequate provisions to transfer passengers between the various
|
0025| modes of transportation available to the complex. A proposed
|
0001| station or terminal complex located within the city limits or
|
0002| extraterritorial jurisdiction of a municipality shall first be
|
0003| approved by the governing body of the municipality as to
|
0004| conformity with the general plan of the municipality.
|
0005| Section 12. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0006| RECEIPTS TAX--IMPOSITION--RATE AUTHORIZED.--
|
0007| A. Upon voter approval pursuant to the Regional
|
0008| Transit Authority Act, the board may impose by resolution an
|
0009| excise tax on any person engaging in business in the authority
|
0010| area for the privilege of engaging in business. The rate of
|
0011| the tax shall not exceed the rate approved by the voters. The
|
0012| tax shall be referred to as the "regional transit gross
|
0013| receipts tax".
|
0014| B. A tax imposed pursuant to this section may be
|
0015| imposed in one-sixteenth of one percent, one-eighth of one
|
0016| percent or one-fourth of one percent increments or any number
|
0017| of such increments by the enactment of one or more resolutions,
|
0018| but the total regional transit gross receipts tax rate imposed
|
0019| by all resolutions shall not exceed an aggregate rate of one-
|
0020| half of one percent of the gross receipts of a person engaging
|
0021| in business in the authority area.
|
0022| C. The board, at the time of enacting a resolution
|
0023| imposing or changing the tax authorized in Subsection A of this
|
0024| section, shall dedicate the revenue for the management,
|
0025| construction or operation of the public transit system or
|
0001| regional public transit services or for specific public transit
|
0002| projects or services of the authority pursuant to the Regional
|
0003| Transit Authority Act.
|
0004| D. Any law that imposes or authorizes the
|
0005| imposition of a regional transit gross receipts tax or that
|
0006| affects that tax, or any law supplemental to or otherwise
|
0007| pertaining to that tax, shall not be repealed or amended or
|
0008| otherwise directly or indirectly modified in such a manner as
|
0009| to impair adversely any outstanding regional transit revenue
|
0010| bonds that may be secured by a pledge of that tax, unless those
|
0011| outstanding revenue bonds have been discharged in full or
|
0012| provisions have been fully made for the discharge.
|
0013| Section 13. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0014| RECEIPTS TAX--EFFECTIVE DATE OF RESOLUTION--COMPLIANCE WITH
|
0015| GROSS RECEIPTS AND COMPENSATING TAX ACT AND REQUIREMENTS OF
|
0016| DEPARTMENT--SUBMISSION OF COPY TO DEPARTMENT.--
|
0017| A. Unless another date is approved by the
|
0018| department, a resolution imposing, amending or repealing a
|
0019| regional transit gross receipts tax or an increment of the tax
|
0020| pursuant to the Regional Transit Authority Act shall be
|
0021| effective on July 1 or January 1, whichever date occurs first,
|
0022| after the expiration of at least three months from the date the
|
0023| adopted resolution is mailed or delivered to the department.
|
0024| The resolution shall include the effective date.
|
0025| B. A resolution imposing a regional transit gross
|
0001| receipts tax pursuant to the Regional Transit Authority Act
|
0002| shall adopt by reference the same definitions and the same
|
0003| provisions relating to exemptions and deductions as are
|
0004| contained in the Gross Receipts and Compensating Tax Act then
|
0005| in effect and as it may be amended from time to time.
|
0006| C. The board imposing the regional transit gross
|
0007| receipts tax pursuant to the Regional Transit Authority Act
|
0008| shall impose the tax by adopting the model resolution with
|
0009| respect to the tax furnished to the authority by the
|
0010| department. A resolution that does not conform substantially
|
0011| to the model resolution of the department is not valid.
|
0012| D. A certified copy of the resolution imposing or
|
0013| repealing a regional transit gross receipts tax authorized
|
0014| under the Regional Transit Authority Act or changing the tax
|
0015| rate imposed shall be mailed or delivered to the department
|
0016| within five days after the resolution is adopted.
|
0017| Section 14. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0018| RECEIPTS TAX--SPECIFIC EXEMPTIONS.--No regional transit gross
|
0019| receipts tax authorized under the Regional Transit Authority
|
0020| Act shall be imposed on the gross receipts arising from
|
0021| transporting persons or property for hire by railroad, motor
|
0022| vehicle, air transportation or any other means from one point
|
0023| within the authority to another point outside the authority,
|
0024| nor shall the tax be imposed on direct satellite broadcasting
|
0025| or on gross receipts that are exempt by federal law.
|
0001| Section 15. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0002| RECEIPTS TAX--COLLECTION BY DEPARTMENT--TRANSFER OF PROCEEDS--
|
0003| DEDUCTION.--
|
0004| A. The department shall collect the regional
|
0005| transit gross receipts tax imposed pursuant to the provisions
|
0006| of the Regional Transit Authority Act in the same manner and at
|
0007| the same time it collects the state gross receipts tax.
|
0008| B. The department may deduct an amount not to
|
0009| exceed three percent of the regional transit gross receipts tax
|
0010| collected under the provisions of the Regional Transit
|
0011| Authority Act as a charge for the administrative costs of
|
0012| collection. That amount shall be remitted to the state
|
0013| treasurer for deposit in the state general fund each month.
|
0014| C. The department shall transfer to each authority
|
0015| for which it is collecting a regional transit gross receipts
|
0016| tax pursuant to the provisions of the Regional Transit
|
0017| Authority Act the amount of the tax collected for that
|
0018| authority, less any disbursement for administrative charges
|
0019| made pursuant to Subsection B of this section, tax credits,
|
0020| refunds and the payment of interest applicable to the tax. The
|
0021| transfer to the authority shall be made within the month
|
0022| following the month in which the tax is collected.
|
0023| Section 16. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0024| RECEIPTS TAX--ADMINISTRATION AND ENFORCEMENT OF ACT.--
|
0025| A. The department shall interpret the provisions of
|
0001| the Regional Transit Authority Act with respect to the regional
|
0002| transit gross receipts tax authorized under that act.
|
0003| B. The department shall administer and enforce the
|
0004| collection of the regional transit gross receipts tax
|
0005| authorized pursuant to the Regional Transit Authority Act, and
|
0006| the Tax Administration Act applies to the administration and
|
0007| enforcement of the regional transit gross receipts tax.
|
0008| Section 17. [NEW MATERIAL] BONDS OF THE AUTHORITY--
|
0009| USE--SECURITY.--
|
0010| A. The authority may issue and sell revenue bonds
|
0011| from time to time in principal amounts it considers necessary
|
0012| to provide sufficient funds for any purpose of the Regional
|
0013| Transit Authority Act, including:
|
0014| (1) the acquisition of real and personal
|
0015| property whether by purchase or by exercising the power of
|
0016| eminent domain;
|
0017| (2) the purchase, construction,
|
0018| reconstruction, repair, equipping, improvement or extension of
|
0019| a public transit system;
|
0020| (3) the payment, funding, refinancing or
|
0021| refunding of the principal of or interest or redemption
|
0022| premiums on bonds and other indebtedness issued or incurred by
|
0023| the authority whether the bonds or interest to be paid, funded,
|
0024| refinanced or refunded have or have not become due;
|
0025| (4) the establishment or increase of reserves
|
0001| or sinking funds to secure or to pay principal, premium, if
|
0002| any, or interest on bonds and reserves relating to the
|
0003| operation, maintenance and repair of a public transit system;
|
0004| and
|
0005| (5) all other costs or expenses of the
|
0006| authority necessary or convenient to carry out its corporate
|
0007| purposes and powers.
|
0008| B. Except as otherwise provided in the Regional
|
0009| Transit Authority Act, all bonds or other obligations issued by
|
0010| the authority shall be obligations of the authority payable
|
0011| solely from, and the authority is authorized to pledge,
|
0012| transfer and assign for the payment of the bonds:
|
0013| (1) all or part of the net receipts of the
|
0014| regional transit gross receipts tax that is dedicated for the
|
0015| purpose for which the bonds are issued;
|
0016| (2) any other revenue, income, money or funds
|
0017| of the authority from any source available for the payment of
|
0018| the bonds; or
|
0019| (3) any grant, subsidy or contribution from
|
0020| the United States or any of its agencies or instrumentalities
|
0021| that may be used for the payment of bonds of the authority.
|
0022| C. The bonds and other obligations of the authority
|
0023| shall not create an obligation, debt or liability of the state
|
0024| or any political subdivision of the state, including any
|
0025| municipality or county that is a part of the authority. No
|
0001| breach of any pledge, obligation or agreement of the authority
|
0002| shall impose a pecuniary liability or a charge upon the general
|
0003| credit or taxing power of the state or any political
|
0004| subdivision of the state, including any municipality or county
|
0005| that is a part of the authority.
|
0006| Section 18. [NEW MATERIAL] BONDS--AUTHORIZATION FOR
|
0007| ISSUANCE--TERMS AND CONDITIONS.--
|
0008| A. Bonds of the authority shall be authorized by
|
0009| resolution of the board and may be issued in one or more
|
0010| series. The bonds shall bear the dates, be in the form, be
|
0011| issued in the denominations, have terms and maturities, bear
|
0012| interest at fixed or variable rates or have appreciated
|
0013| principal, be payable in the manner and at the times, be
|
0014| redeemed with or without premiums prior to maturity, be ranked
|
0015| or assigned priority status and have such other terms as the
|
0016| resolution of the authority or the trust agreement or other
|
0017| document securing the bonds provides.
|
0018| B. The bonds issued by the authority may be sold at
|
0019| any time at private or public sale at prices agreed upon by the
|
0020| authority.
|
0021| C. Bonds may be issued pursuant to the Regional
|
0022| Transit Authority Act without obtaining the consent of any
|
0023| agency of the state and without any other proceeding or
|
0024| condition other than the proceedings or conditions specified in
|
0025| that act.
|
0001| D. The bonds issued by the authority are negotiable
|
0002| instruments for all purposes of the Uniform Commercial Code,
|
0003| subject only to the provisions of the bonds for registration.
|
0004| Section 19. [NEW MATERIAL] TRUST AGREEMENTS--CREDIT
|
0005| FACILITIES--RELATED DOCUMENTS.--
|
0006| A. The authority may enter into trust agreements to
|
0007| better secure the payment of any bonds issued pursuant to the
|
0008| Regional Transit Authority Act with any corporate trustee and
|
0009| provide in the trust agreements for the rights and limitations
|
0010| on rights of the holders and owners of the bonds.
|
0011| B. The authority may enter into credit facilities
|
0012| to provide additional security for its bonds or for a primary
|
0013| or contingent source of payment of or reimbursement for the
|
0014| principal of, interest or any redemption premium on the bonds,
|
0015| or the purchase price upon a tender or call of the bonds. The
|
0016| authority may enter into contracts for the purchase or
|
0017| repurchase of its bonds.
|
0018| C. The authority may enter into reimbursement
|
0019| agreements, credit agreements, escrow agreements and other
|
0020| contracts and agreements as are necessary or appropriate for
|
0021| its bonds.
|
0022| Section 20. [NEW MATERIAL] REFUNDING BONDS.--The
|
0023| authority is authorized to issue its bonds for the purpose of
|
0024| refunding any outstanding bonds, including the payment of any
|
0025| redemption premiums and any interest accrued or to accrue to
|
0001| the date of redemption of the outstanding bonds. Until the
|
0002| proceeds of the refunding bonds are applied to the purchase or
|
0003| retirement of the outstanding bonds or the redemption of the
|
0004| outstanding bonds, the proceeds may be placed in escrow and be
|
0005| invested and reinvested. The interest, income and profits, if
|
0006| any, earned or realized on any such investment may, in the
|
0007| discretion of the authority, also be applied to the payment of
|
0008| the outstanding bonds to be refunded. After the terms of any
|
0009| escrow agreement have been satisfied, any balance remaining in
|
0010| escrow, including investments earnings, may be returned to the
|
0011| authority for use by it in any lawful manner. All refunding
|
0012| bonds shall be issued and secured and shall be subject to the
|
0013| provisions of the Regional Transit Authority Act in the same
|
0014| manner and to the same extent as any other bonds issued
|
0015| pursuant to the Regional Transit Authority Act.
|
0016| Section 21. [NEW MATERIAL] PUBLICATION OF NOTICE--
|
0017| VALIDATION--LIMITATION OF ACTION.--
|
0018| A. After adoption of a resolution authorizing the
|
0019| issuance of bonds, the authority shall publish notice of the
|
0020| adoption of the resolution once in a newspaper of general
|
0021| circulation in the area in which the authority is located.
|
0022| B. After the passage of thirty days from the time
|
0023| of publication, any action attacking the validity of the
|
0024| proceedings or taken by the authority in the authorization and
|
0025| issuance of the bonds described in the notice is perpetually
|
0001| barred.
|
0002| Section 22. [NEW MATERIAL] MANAGEMENT.--
|
0003| A. Responsibility for the management, operation and
|
0004| control of the property belonging to an authority shall be
|
0005| vested in its board. The board may employ qualified persons
|
0006| deemed necessary by the board for the conduct of the affairs of
|
0007| the authority, including a general manager, bookkeeper, auditor
|
0008| and engineer.
|
0009| B. The board shall provide for an annual audit of
|
0010| its affairs by an independent certified public accountant.
|
0011| Section 23. [NEW MATERIAL] ANNUAL BUDGET.--Prior to
|
0012| the beginning of a fiscal year, the board shall adopt an annual
|
0013| operating budget that specifies major expenditures by type and
|
0014| amount. Before the board adopts its annual operating budget,
|
0015| it shall conduct a public hearing and make the proposed budget
|
0016| available to the public at least fourteen days prior to the
|
0017| hearing.
|
0018| Section 24. [NEW MATERIAL] RULES AND REGULATIONS.--
|
0019| A. The board may adopt and enforce reasonable rules
|
0020| and regulations necessary to conduct its business, including:
|
0021| (1) securing and maintaining safety and
|
0022| efficiency in the operation and maintenance of its facilities;
|
0023| (2) governing the use of the authority's
|
0024| facilities and services by the public and the payment of fares;
|
0025| (3) regulating privileges on any land,
|
0001| easement, right of way or other property owned or controlled by
|
0002| the authority; and
|
0003| (4) employing qualified persons as necessary
|
0004| to carry out the purpose of the Regional Transit Authority Act.
|
0005|
|
0006| B. Regulations adopted by the board shall be
|
0007| published once a week for two consecutive weeks in a newspaper
|
0008| of general circulation in the area in which the authority is
|
0009| located. Rules and regulations shall become effective ten days
|
0010| following the last publication.
|
0011| Section 25. [NEW MATERIAL] CONTRACTS FOR CONSTRUCTION,
|
0012| GOODS OR SERVICES.--The board shall establish purchasing
|
0013| guidelines, including rules governing a competitive bid
|
0014| process; provided that the board shall not secure a contract
|
0015| that is not subject to competitive bidding requirements or that
|
0016| is for the purchase of real property or for professional
|
0017| services until an announcement that a contract is being
|
0018| considered is posted in a prominent place in the principal
|
0019| office of the authority for at least two weeks before the
|
0020| contract is awarded.
|
0021| Section 26. [NEW MATERIAL] CONDUCT OF ELECTIONS.--
|
0022| A. Notwithstanding initial elections necessary to
|
0023| confirm the creation of an authority, board elections shall be
|
0024| conducted at the time of the general election under the
|
0025| direction of the municipal or county clerk and in accordance
|
0001| with the provisions of the Election Code.
|
0002| B. Notice of the election shall be given by
|
0003| publication.
|
0004| C. All polling places shall be within the area
|
0005| included within the authority.
|
0006| D. The secretary of the authority shall provide to
|
0007| each municipal or county clerk supplies and assistance
|
0008| necessary to conduct an election for membership on the board,
|
0009| as authorized by the Regional Transit Authority Act.
|
0010| Section 27. [NEW MATERIAL] EXEMPTION FROM TAXES.--The
|
0011| property, revenues and income of an authority and the interest
|
0012| on bonds issued by an authority shall be exempt from all taxes
|
0013| levied by the state and its political subdivisions.
|
0014| Section 28. [NEW MATERIAL] CONSTRUCTION OF ACT.--The
|
0015| Regional Transit Authority Act shall be liberally construed to
|
0016| carry out the purpose of that act.
|
0017| Section 29. A new section of the Tax Administration Act
|
0018| is enacted to read:
|
0019| "[NEW MATERIAL] TRANSFER--REVENUES FROM REGIONAL
|
0020| TRANSIT GROSS RECEIPTS TAXES.--A transfer pursuant to Section
|
0021| 7-1-6.1 NMSA 1978 shall be made to each regional transit
|
0022| authority for which the department is collecting a regional
|
0023| transit gross receipts tax in an amount equal to the net
|
0024| receipts attributable to the regional transit gross receipts
|
0025| tax imposed by that authority pursuant to the Regional Transit
|
0001| Authority Act less any deductions for administrative costs
|
0002| determined and made by the department pursuant to the
|
0003| provisions of that act."
|
0004| Section 30. Section 6-14-2 NMSA 1978 (being Laws 1970,
|
0005| Chapter 10, Section 2, as amended) is amended to read:
|
0006| "6-14-2. DEFINITIONS.--As used in the Public Securities
|
0007| Act:
|
0008| A. "net effective interest rate" means the interest
|
0009| rate based on the actual price paid to a public body for its
|
0010| public securities, calculated to maturity according to standard
|
0011| tables of bond values;
|
0012| B. "public body" means this state or any
|
0013| department, board, agency or instrumentality of the state, any
|
0014| county, city, town, village, school district, other district,
|
0015| educational institution or any other governmental agency or
|
0016| political subdivision of the state; and
|
0017| C. "public securities" means any bonds, notes,
|
0018| warrants or other obligations now or hereafter authorized to be
|
0019| issued by any public body pursuant to the provisions of any
|
0020| general or special law enacted by the legislature, but does not
|
0021| include bonds, notes, warrants or other obligations issued
|
0022| pursuant to:
|
0023| (1) the Industrial Revenue Bond Act;
|
0024| (2) the County Improvement District Act;
|
0025| (3) Sections 3-33-1 through 3-33-43 NMSA 1978;
|
0001| (4) the Pollution Control Revenue Bond Act;
|
0002| (5) the County Pollution Control Revenue Bond
|
0003| Act;
|
0004| (6) the County Industrial Revenue Bond Act;
|
0005| (7) the Metropolitan Redevelopment Code;
|
0006| (8) the Supplemental Municipal Gross Receipts
|
0007| Tax Act;
|
0008| (9) the Regional Transit Authority Act;
|
0009| [(9)] (10) the Hospital Equipment Loan
|
0010| Act; or
|
0011| [(10)] (11) the New Mexico Finance
|
0012| Authority Act."
|
0013| Section 31. Section 6-18-4 NMSA 1978 (being Laws 1983,
|
0014| Chapter 161, Section 4, as amended) is amended to read:
|
0015| "6-18-4. DEFINITIONS.--As used in the Public Securities
|
0016| Short-Term Interest Rate Act, unless the context otherwise
|
0017| requires:
|
0018| A. "bond" means any bond, debenture, note,
|
0019| refunding or renewal bond or note, warrant or other security
|
0020| evidencing an obligation authorized to be issued by a public
|
0021| body pursuant to any provision of law of this state, including
|
0022| the Public Securities Short-Term Interest Rate Act;
|
0023| B. "governing body" means the city council or other
|
0024| body or officer of a public body in which the legislative
|
0025| powers are vested;
|
0001| C. "indebtedness" means any debt evidenced by a
|
0002| bond issued by a public body pursuant to any law of this state
|
0003| that constitutes a debt for the purposes of Section 12 or 13 of
|
0004| Article 9 of the constitution of New Mexico and the issuance of
|
0005| which must be submitted to a vote of the qualified electors of
|
0006| the public body pursuant to those sections and any bond issued
|
0007| for the purpose of paying or refunding any such bond;
|
0008| D. "bond legislation" means an ordinance or a
|
0009| resolution or other appropriate enactment adopted by a
|
0010| governing body [of a public body] providing for the
|
0011| authorization or sale of bonds and any trust agreement, credit
|
0012| agreement, letter of credit, reimbursement agreement or other
|
0013| credit facility, dealer agreement, issuing or paying agent
|
0014| agreement, purchase commitment agreement, escrow agreement,
|
0015| remarketing agreement, index agent agreement or other agreement
|
0016| with respect to the bonds to which the public body or trustee
|
0017| for the bonds is a party; and
|
0018| E. "public body" means any municipality, any
|
0019| county, any school district, any special district, any H class
|
0020| county [located in New Mexico], the New Mexico hospital
|
0021| equipment loan council, state institutions enumerated in
|
0022| Section 6-13-2 NMSA 1978, the water quality control commission,
|
0023| the state board of finance, the New Mexico finance authority,
|
0024| a regional transit authority created pursuant to the Regional
|
0025| Transit Authority Act or the state."
|
0001| Section 32. EFFECTIVE DATE.--The effective date of the
|
0002| provisions of this act is July 1, 1997.
|
0003| - 32 - State of New Mexico
|
0004| House of Representatives
|
0005|
|
0006| FORTY-THIRD LEGISLATURE
|
0007| FIRST SESSION, 1997
|
0008|
|
0009|
|
0010| February 20, 1997
|
0011|
|
0012|
|
0013| Mr. Speaker:
|
0014|
|
0015| Your TRANSPORTATION COMMITTEE, to whom has been
|
0016| referred
|
0017|
|
0018| HOUSE BILL 669
|
0019|
|
0020| has had it under consideration and reports same with
|
0021| recommendation that it DO PASS, amended as follows:
|
0022|
|
0023| 1. On page 3, line 8, strike "municipality" and insert in
|
0024| lieu thereof "principal city".
|
0025|
|
0001| 2. On page 4, line 7, strike "consists" and insert in lieu
|
0002| thereof "may consist".
|
0003|
|
0004| 3. On page 8, strike lines 3 through 8 and insert in lieu
|
0005| thereof:
|
0006|
|
0007| "If only two political subdivisions vote to participate in the
|
0008| authority, the principal city shall have three of the five board
|
0009| members. If three political subdivisions vote to participate in
|
0010| the authority, the principal city shall have one more than the
|
0011| total number of board seats held by the other two participating
|
0012| political subdivisions. If four or more political subdivisions
|
0013| vote to join the authority, each political subdivision shall have
|
0014| at least one member. Each subdivision shall also have one
|
0015| additional member if, based on the last two-year census, that
|
0016| subdivision has a population between fifty thousand one and one
|
0017| hundred thousand residents; two additional members if that
|
0018| subdivision has a population between one hundred thousand one and
|
0019| one hundred fifty thousand residents. However, no political
|
0020| subdivision shall have more than one less than a majority of the
|
0021| membership on the board. For purposes of representation on the
|
0022| board, the population of incorporated municipalities within a
|
0023| county shall not be counted toward the population of the
|
0024| county.".
|
0025|
|
0001| 5. On page 14, line 12, after "tax" insert "and transit
|
0002| revenue bonds".
|
0003|
|
0004| 6. On page 15, line 8, strike "or" and strike the remainder
|
0005| of the line, and strike line 9 through the comma.
|
0006|
|
0007| 7. On page 16, line 21, after "capital" insert
|
0008| "improvements".,
|
0009|
|
0010| and thence referred to the TAXATION AND REVENUE
|
0011| COMMITTEE.
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| Daniel P. Silva, Chairman
|
0020|
|
0021|
|
0022| Adopted Not Adopted
|
0023|
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001| Date
|
0002|
|
0003| The roll call vote was 9 For 0 Against
|
0004| Yes: 9
|
0005| Excused: Carpenter
|
0006| Absent: Russell, Whitaker
|
0007|
|
0008|
|
0009| .116968.1
|
0010| G:\BILLTEXT\BILLW_97\H0669 HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
|
0011| HOUSE BILL 669
|
0012| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| AN ACT
|
0021| RELATING TO TRANSPORTATION; ENACTING THE REGIONAL TRANSIT
|
0022| AUTHORITY ACT; AUTHORIZING THE CREATION OF REGIONAL TRANSIT
|
0023| AUTHORITIES; PROVIDING THE POWERS AND DUTIES OF A REGIONAL
|
0024| TRANSIT AUTHORITY; AUTHORIZING THE IMPOSITION OF A GROSS
|
0025| RECEIPTS TAX; AUTHORIZING ISSUANCE OF REGIONAL TRANSIT REVENUE
|
0001| BONDS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
|
0002|
|
0003| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0004| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
|
0005| through 27 of this act may be cited as the "Regional Transit
|
0006| Authority Act".
|
0007| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the
|
0008| Regional Transit Authority Act is to:
|
0009| A. serve the public welfare by providing for the
|
0010| creation of a comprehensive network of safe, efficient and
|
0011| affordable public transportation within a metropolitan area;
|
0012| B. provide a public transit system to reduce the
|
0013| congestion of single-occupancy motor vehicle passenger traffic
|
0014| in a metropolitan area by providing transportation options for
|
0015| residents;
|
0016| C. decrease automobile accidents by reducing
|
0017| traffic congestion on freeways and streets;
|
0018| D. reduce noise and air pollution produced by motor
|
0019| vehicles; and
|
0020| E. provide residents with a choice of
|
0021| transportation alternatives, so that seniors, youth, low-income
|
0022| and mobility-impaired residents and others unable to drive or
|
0023| to afford an automobile continue to have full access to the
|
0024| goods, services and activities of the community.
|
0025| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0001| Regional Transit Authority Act:
|
0002| A. "authority" means a regional transit authority
|
0003| created pursuant to the provisions of the Regional Transit
|
0004| Authority Act;
|
0005| B. "board" means a regional transit authority
|
0006| board;
|
0007| C. "condemn" or "condemnation" means the
|
0008| acquisition of property or an interest in property by a
|
0009| regional transit authority through the exercise of the power of
|
0010| eminent domain;
|
0011| D. "department" means the taxation and revenue
|
0012| department, the secretary of taxation and revenue or any
|
0013| employee of the department exercising authority lawfully delegated
|
0014| to that employee by the secretary;
|
0015| E. "governing body" means the city council, city
|
0016| commission, board of commissioners, board of trustees, board of
|
0017| directors or other legislative body of a municipality or county in
|
0018| which the legislative powers of the public body are vested;
|
0019| F. "high-occupancy vehicle" means any vehicle carrying
|
0020| more than one person, including buses, vans, cars and passenger
|
0021| trains;
|
0022| G. "metropolitan area" means an area consisting of at
|
0023| least two contiguous counties, one of which has a principal city
|
0024| with a population in excess of twenty thousand or has a principal
|
0025| city with a population of no more than five thousand that
|
0001| currently operates a public transit system;
|
0002| H. "motor vehicle" means a self-propelled vehicle
|
0003| suitable for operation on highways;
|
0004| I. "municipality" means any incorporated city, town or
|
0005| village, whether incorporated under general act, special act or
|
0006| special charter;
|
0007| J. "person" means an individual or any other legal
|
0008| entity;
|
0009| K. "principal city" means the city of largest
|
0010| population within a metropolitan area;
|
0011| L. "public transit system" means a public transit
|
0012| network that transports passengers by means of high-occupancy
|
0013| vehicles that is created and administered by an authority; and
|
0014| M. "regional transit gross receipts tax" means the
|
0015| gross receipts tax imposed pursuant to the Regional Transit
|
0016| Authority Act.
|
0017| Section 4. [NEW MATERIAL] CREATION OF TRANSIT AUTHORITY-
|
0018| -NOTICE AND HEARING.--
|
0019| A. The governing body of a principal city in a
|
0020| metropolitan area may institute proceedings to create an authority
|
0021| in the manner prescribed in the Regional Transit Authority Act.
|
0022| B. The proposed authority may consist of the principal
|
0023| city and additional adjacent counties or municipalities in the
|
0024| metropolitan area outside of the county where the principal city
|
0025| is located, provided that the entirety of the territory of each
|
0001| county or municipality is included.
|
0002| C. Upon a finding that a metropolitan area lacks
|
0003| adequate public transportation infrastructure, a majority of the
|
0004| members of the governing body of the principal city may adopt a
|
0005| resolution proposing to create an authority, determining the
|
0006| territorial area of the proposed authority and fixing the time and
|
0007| place that the governing body will conduct a public hearing on the
|
0008| proposal. The governing body of the principal city shall not
|
0009| adopt a resolution proposing creation of an authority without the
|
0010| concurrence of a majority of the members of the governing body of
|
0011| each county and municipality it proposes to include within that
|
0012| area.
|
0013| D. Notice of the time and place of the public hearing,
|
0014| including a copy of the resolution setting out the territorial
|
0015| area of the proposed authority, shall be sent by registered mail
|
0016| to each governing body included in the proposed authority area.
|
0017| Notice of the public hearing and a copy of the resolution shall be
|
0018| published by each county and municipality once a week for two
|
0019| consecutive weeks in at least one newspaper of general circulation
|
0020| in the metropolitan area. The first publication shall be not less
|
0021| than fifteen days prior to the date fixed for the hearing. Copies
|
0022| of the notice and resolution shall also be available upon request
|
0023| to interested persons in the metropolitan area.
|
0024| E. At the public hearing, representatives of
|
0025| municipalities and counties in the metropolitan area and other
|
0001| interested persons may present evidence for or against the
|
0002| creation of the proposed authority and for or against the need for
|
0003| construction or expansion of a public transit system in the
|
0004| metropolitan area.
|
0005| F. If, after hearing all evidence at the public
|
0006| hearing, the governing body of the principal city finds that the
|
0007| creation of an authority and the construction and operation of a
|
0008| public transit system is necessary for the public health and
|
0009| welfare and will benefit residents of the area, the governing body
|
0010| shall adopt a resolution proposing creation of the authority
|
0011| subject to approval by the voters at a confirmation election,
|
0012| naming the authority, prescribing the territorial area of the
|
0013| authority and providing for appointment of an interim board.
|
0014| G. If, after hearing all evidence at the public
|
0015| hearing, the governing body of the principal city finds that the
|
0016| creation of the authority and the construction and operation of a
|
0017| public transit system in the metropolitan area are not necessary
|
0018| for the public health and welfare and would not benefit the
|
0019| residents of the metropolitan area, it shall not create the
|
0020| authority.
|
0021| H. If the principal city adopts a resolution proposing
|
0022| creation of an authority, it shall submit that resolution to each
|
0023| governing body within the area of the proposed authority. Each
|
0024| governing body included shall, within sixty days, approve or
|
0025| disapprove by resolution their inclusion in the proposed
|
0001| authority. Failure to adopt a resolution in favor of inclusion
|
0002| shall result in that jurisdiction being excluded from the initial
|
0003| confirmation election.
|
0004| I. Nothing in the Regional Transit Authority Act shall
|
0005| be construed to prevent or impair the operation of a public
|
0006| transit system in existence prior to the passage of this act.
|
0007| Section 5. [NEW MATERIAL] REGIONAL TRANSIT AUTHORITY
|
0008| BOARD--MEMBERSHIP AND TERMS OF OFFICE.--
|
0009| A. An interim board representing the governing bodies
|
0010| that have approved, by resolution, their inclusion in the proposed
|
0011| authority shall be appointed within thirty days following the
|
0012| adoption of those resolutions. Interim board members shall serve
|
0013| until January 1 of the year following the general election at
|
0014| which the first regular board members are elected. The appointed
|
0015| interim board members shall have the same proportional
|
0016| representation as the elected regular board members, and shall
|
0017| have the same powers and duties and be subject to the same
|
0018| provisions of the Regional Transit Authority Act as regular board
|
0019| members. Each interim board member serves at the pleasure of the
|
0020| appointing governing body.
|
0021| B. Regular board members shall be elected at a special
|
0022| election held at the same time as the general election, with the
|
0023| initial regular members being elected at a special election
|
0024| conducted at the same time as the first general election after the
|
0025| confirmation election provided for in Section 6 of the Regional
|
0001| Transit Authority Act. Board members shall serve terms of four
|
0002| years. Prior to the election of the permanent board, the interim
|
0003| board shall determine by lot which half of the regular members
|
0004| shall serve initial two- and four-year terms. After the first
|
0005| election, all board members shall be elected for four-year terms.
|
0006| C. A board shall consist of at least five members. If
|
0007| a total of two counties and municipalities participate in an
|
0008| authority, the principal city shall have three of the five board
|
0009| members. If a total of three counties or municipalities vote to
|
0010| participate in an authority, the principal city shall have one
|
0011| more than the total number of board seats held by the other two
|
0012| participants. If a total of four or more counties or
|
0013| municipalities vote to join the authority, each participant shall
|
0014| have at least one member. Each participant shall also have one
|
0015| additional member if, based on the last two-year supplemental
|
0016| federal decennial census, that participant has a population
|
0017| between fifty thousand one and one hundred thousand residents or
|
0018| two additional members if that participant has a population
|
0019| between one hundred thousand one and one hundred fifty thousand
|
0020| residents. No participant shall have a majority of the membership
|
0021| on the board, unless there are only two participants. For
|
0022| purposes of representation on the board, the population of
|
0023| incorporated municipalities within a county shall not be counted
|
0024| toward the population of the county.
|
0025| D. Vacancies on the board shall be filled for the
|
0001| remainder of the term in the manner provided for the original
|
0002| appointment of the interim board. Upon expiration of the term of
|
0003| office of each member of the board, a member may seek office for
|
0004| the succeeding term.
|
0005| E. Board members shall be reimbursed for per diem and
|
0006| mileage as provided for public officers in the Per Diem and
|
0007| Mileage Act.
|
0008| F. Board members shall be residents and qualified
|
0009| voters of the counties or municipalities that they represent.
|
0010| G. Board members shall select annually from among
|
0011| their membership a chairman, a vice chairman and a secretary, and
|
0012| other officers as they deem necessary. No member of the board or
|
0013| officer of the authority shall have pecuniary interest in or
|
0014| benefit directly or indirectly from any contract or agreement to
|
0015| which the authority is a party.
|
0016| H. The board shall meet at least once a month for the
|
0017| purpose of transacting the business of the authority. In addition
|
0018| to regularly scheduled meetings, the chairman may call special
|
0019| meetings as may be necessary upon written notice at least ten days
|
0020| prior to the meeting. A majority of the members shall constitute
|
0021| a quorum of the board for the purpose of conducting its business
|
0022| and exercising its powers.
|
0023| I. A member of the board may be removed from office
|
0024| for nonfeasance, misfeasance or malfeasance in office by the
|
0025| governing body that it represents, or by a majority of the
|
0001| permanent board.
|
0002| Section 6. [NEW MATERIAL] CONFIRMATION ELECTION.--
|
0003| A. Within thirty days of its appointment, the interim
|
0004| board shall adopt a resolution calling for a confirmation election
|
0005| to be held no later than one hundred eighty days from the date of
|
0006| the adoption of that resolution. The confirmation election shall
|
0007| be conducted by the county or municipal clerk of each governing
|
0008| body that has approved, by resolution, their inclusion in the
|
0009| proposed authority. The election shall be held to determine
|
0010| whether a majority of the voters approve the creation of an
|
0011| authority and the imposition of a regional transit gross receipts
|
0012| tax to fund the creation of a regional transit system.
|
0013| B. The question submitted to the voters at the
|
0014| confirmation election shall be:
|
0015| "Shall the creation of the (name of the authority) ,
|
0016| consisting of (names of counties and municipalities to be
|
0017| included), be confirmed and shall the board of the authority be
|
0018| authorized to impose a regional transit gross receipts tax in the
|
0019| amount of _______ percent of gross receipts not to exceed one-
|
0020| fourth of one percent of the gross receipts on persons engaging in
|
0021| business in the authority area, to fund a public transit system
|
0022| and provide public transit services in the metropolitan area?
|
0023| _____ Yes _____ No".
|
0024| C. The election shall be conducted so that votes are
|
0025| separately tabulated and canvassed in each county and municipality
|
0001| where the election is held.
|
0002| D. Those counties or municipalities in which a
|
0003| majority of the voters voting on the question votes against the
|
0004| confirmation of the creation of the authority and the levy of the
|
0005| proposed tax shall not become part of the authority. A
|
0006| municipality that votes against the creation of the authority and
|
0007| the levy of the proposed tax shall not become part of the
|
0008| authority if the county in which the municipality is located votes
|
0009| to join the authority. Those counties or municipalities where a
|
0010| majority of the voters voting on the question votes in favor of
|
0011| the creation of the authority and the levy of the proposed tax
|
0012| shall become part of the authority.
|
0013| E. If the vote is not favorable in the principal city
|
0014| that initiated the confirmation election, the authority shall not
|
0015| be created.
|
0016| F. The expense of calling and conducting the
|
0017| confirmation election shall be borne by the principal city.
|
0018| However, if the election results in the creation of an authority,
|
0019| the authority shall reimburse the principal city for all
|
0020| expenditures made in the course of calling and conducting the
|
0021| election within twelve months after the date on which collection
|
0022| of the tax for the authority begins.
|
0023| G. At any time after the confirmation election, the
|
0024| board may call an election to increase the gross receipts tax levy
|
0025| for the purpose of expanding transit services, subject to the
|
0001| provisions of the Regional Transit Authority Act limiting the
|
0002| aggregate rate of the regional transit gross receipts tax. The
|
0003| expense of calling and conducting the election shall be borne by
|
0004| the authority. If a majority of the voters voting in the election
|
0005| votes in favor of the increase, that additional gross receipts tax
|
0006| shall be imposed. If a majority of the voters voting in the
|
0007| election votes against the increase in the tax, the additional
|
0008| gross receipts tax shall not be imposed, and the authority shall
|
0009| not again propose to increase the tax for a period of at least two
|
0010| years from the date of that election.
|
0011| H. The dates on which the authority may be established
|
0012| or additional counties and municipalities may join or withdraw
|
0013| from an authority shall be January 1 or July 1 immediately
|
0014| following the election.
|
0015| Section 7. [NEW MATERIAL] POWERS OF THE AUTHORITY.--
|
0016| A. An authority, when created and confirmed, shall
|
0017| constitute a public body corporate and politic, exercising
|
0018| governmental functions, having the power necessary to carry out
|
0019| the purposes of the Regional Transit Authority Act.
|
0020| B. An authority may sue and be sued in all courts of
|
0021| competent jurisdiction.
|
0022| C. An authority may adopt and use a seal of the
|
0023| authority.
|
0024| D. An authority may fix the fiscal year for the
|
0025| authority.
|
0001| E. An authority may acquire property by grant,
|
0002| purchase, gift, devise, lease or otherwise and may hold, use,
|
0003| sell, lease or dispose of real and personal property as it deems
|
0004| necessary for the full exercise of any of its powers pursuant to
|
0005| the provisions of the Regional Transit Authority Act.
|
0006| F. An authority may acquire, construct, complete,
|
0007| develop, own, operate and maintain a public transit system within
|
0008| its boundaries, and both within and without the boundaries of
|
0009| municipalities. For the purpose of the system, the authority
|
0010| shall have the right to use the streets, highways and other public
|
0011| ways, and, with permission of the owner, to relocate or alter the
|
0012| construction of any street, highway, other public way, electric
|
0013| and telephone lines and properties, pipelines, conduits and other
|
0014| properties, whether publicly or privately owned, if deemed
|
0015| necessary by the authority in the construction, reconstruction,
|
0016| repair, maintenance and operation of the system. Any damage that
|
0017| may occur to the property shall be borne by the authority.
|
0018| G. An authority may enter into agreements with any
|
0019| other public or private utility, communication system, common
|
0020| carrier or transportation system for the joint use of their
|
0021| respective facilities or properties within the authority and to
|
0022| establish routes, joint fares or transfer of passengers.
|
0023| H. An authority may enter into contracts, leases and
|
0024| agreements with and accept grants and loans from the federal
|
0025| government, its departments and agencies, and the state and any of
|
0001| its political subdivisions. A revenue bond indenture may provide
|
0002| limitations upon the exercise of the powers stated in this
|
0003| section, and the limitations shall apply as long as any revenue
|
0004| bonds issued pursuant to this indenture are outstanding and
|
0005| unpaid.
|
0006| I. An authority may propose, for the construction,
|
0007| operation and maintenance of a public transit system, the
|
0008| imposition of a gross receipts tax on any person engaging in
|
0009| business in the authority area, which shall not exceed an
|
0010| aggregate rate of one-fourth of one percent.
|
0011| J. An authority may sell, lease, convey or otherwise
|
0012| dispose of any of its rights, interests or real or personal
|
0013| properties or surplus material not needed for the efficient
|
0014| operation and maintenance of the public transit system.
|
0015| K. An authority may lease the public transit system or
|
0016| any part of the system, or contract for the use or operation of
|
0017| the system by an operator.
|
0018| L. An authority shall establish and maintain rates,
|
0019| fares, tolls, charges, rents or other compensation for the use of
|
0020| the facilities of the public transit system constructed, operated
|
0021| and maintained by the authority, which shall be reasonable and
|
0022| nondiscriminatory, and shall, together with the regional transit
|
0023| gross receipts tax and regional transit revenue bonds, be adequate
|
0024| to meet its financial obligations.
|
0025| M. An authority shall, by resolution, adopt rules
|
0001| governing the use, operation and maintenance of the public transit
|
0002| system and shall determine all routings whenever it is deemed
|
0003| advisable by the authority.
|
0004| N. An authority may contract with a governing body to
|
0005| provide public transit services to any area outside the boundaries
|
0006| of the authority.
|
0007| O. An authority may acquire by purchase real property
|
0008| and equipment necessary to develop a public transit system,
|
0009| including station stops and complexes, maintenance and operating
|
0010| facilities, transfer locations, bus stations and stops, internodal
|
0011| facilities and office buildings.
|
0012| P. An authority may borrow money, issue bonds and
|
0013| enter into contracts and finance leasing.
|
0014| Q. An authority may invest funds of the authority in
|
0015| direct or indirect obligations of the United States, the state or
|
0016| any of its political subdivisions.
|
0017| Section 8. [NEW MATERIAL] POWER OF EMINENT DOMAIN.--The
|
0018| authority may exercise in the state the power of eminent domain,
|
0019| within the authority and in the manner provided by law for the
|
0020| condemnation of private property for public use, and may take any
|
0021| property necessary to carry out the purposes of the Regional
|
0022| Transit Authority Act.
|
0023| Section 9. [NEW MATERIAL] ADDITION OR WITHDRAWAL OF
|
0024| TERRITORY BY AN AUTHORITY.--
|
0025| A. After the creation of the authority, a governing
|
0001| body adjacent to but not part of the authority may, by resolution,
|
0002| propose to join the authority, determine the territorial area to
|
0003| become a part of that authority and fix the time and place that
|
0004| the governing body will conduct a public hearing on the proposal,
|
0005| as provided for in Section 4 of the Regional Transit Authority
|
0006| Act. If a majority of voters voting on the question votes in
|
0007| favor of the annexation, the municipal or county clerk shall
|
0008| certify the results of the election to the board, and the area
|
0009| shall become a part of the authority.
|
0010| B. If a city or town that is a part of an authority
|
0011| lawfully annexes additional territory that is not a part of the
|
0012| authority, the annexed territory shall become a part of the
|
0013| authority.
|
0014| C. A county or municipality that is a part of the
|
0015| authority can withdraw from the authority by submitting to the
|
0016| voters the question: "Should (name of county or municipality)
|
0017| withdraw from the (name of authority)?". If a majority of
|
0018| voters voting on the question votes in favor of withdrawal, the
|
0019| municipal or county clerk shall certify the results of the
|
0020| election to the board and the county or municipality shall cease
|
0021| to be a member of the authority and a board member from that
|
0022| county or municipality shall cease to be a member of the board.
|
0023| The regional transit gross receipts tax shall continue until
|
0024| either the bonds that are outstanding at the time of withdrawal
|
0025| are paid in full, or the county or municipality negotiates an
|
0001| agreement with the authority to provide funds sufficient to pay
|
0002| its pro rata share of the debt service on bonds previously issued
|
0003| to finance capital improvements, and to acquire authority property
|
0004| lying within the bounds of the county or municipality but outside
|
0005| the new boundaries of the authority. Real property owned by the
|
0006| authority that is within the boundaries of a withdrawing county or
|
0007| municipality shall remain the property of the authority. The
|
0008| provisions of withdrawal shall be negotiated and agreed to by the
|
0009| board, the withdrawing governing body and the department; however,
|
0010| a municipality with a population of ten thousand or less shall not
|
0011| be obligated for payment on outstanding bonds existing at the time
|
0012| of withdrawal.
|
0013| D. After the initial confirmation election to
|
0014| establish the authority, elections to join or withdraw shall be
|
0015| paid for by the governing body that initiates the election.
|
0016| Section 10. [NEW MATERIAL] STATION OR TERMINAL
|
0017| COMPLEXES.--
|
0018| A. Before a station or terminal complex may be
|
0019| included in the system, the board shall determine that the
|
0020| proposed station or terminal complex will provide efficient and
|
0021| economical public transit service, will reduce vehicular
|
0022| congestion and air pollution in the metropolitan area and is
|
0023| reasonably essential to the successful operation of the system.
|
0024| B. A station or terminal complex shall include
|
0025| adequate provisions to transfer passengers between the various
|
0001| modes of transportation available to the complex. A proposed
|
0002| station or terminal complex located within the city limits or
|
0003| extraterritorial jurisdiction of a municipality shall first be
|
0004| approved by the governing body of the municipality as to
|
0005| conformity with the general plan of the municipality.
|
0006| Section 11. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0007| RECEIPTS TAX--IMPOSITION--RATE AUTHORIZED.--
|
0008| A. Upon voter approval pursuant to the Regional
|
0009| Transit Authority Act, the board may impose by resolution an
|
0010| excise tax on any person engaging in business in the authority
|
0011| area for the privilege of engaging in business, provided that
|
0012| where a majority of voters in the county approves, by confirmation
|
0013| election, their participation in the authority, the county clerk
|
0014| shall not tax a municipality within that county that has not opted
|
0015| to participate. The rate of the tax shall not exceed the rate
|
0016| approved by the voters. The tax shall be referred to as the
|
0017| "regional transit gross receipts tax".
|
0018| B. A tax imposed pursuant to this section may be
|
0019| imposed in one-sixteenth of one percent or one-eighth of one
|
0020| percent or any number of such increments by the enactment of one
|
0021| or more resolutions, but the total regional transit gross receipts
|
0022| tax rate imposed by all resolutions shall not exceed an aggregate
|
0023| rate of one-fourth of one percent of the gross receipts on a
|
0024| person engaging in business in the authority area.
|
0025| C. The board, at the time of enacting a resolution
|
0001| imposing or changing the tax authorized in Subsection A of this
|
0002| section, shall dedicate the revenue for the management,
|
0003| construction or operation of the public transit system or for
|
0004| specific public transit projects or services of the authority
|
0005| pursuant to the Regional Transit Authority Act.
|
0006| D. Any law that imposes or authorizes the imposition
|
0007| of a regional transit gross receipts tax or that affects that tax,
|
0008| or any law supplemental to or otherwise pertaining to that tax,
|
0009| shall not be repealed or amended or otherwise directly or
|
0010| indirectly modified in such a manner as to impair adversely any
|
0011| outstanding regional transit revenue bonds that may be secured by
|
0012| a pledge of that tax, unless those outstanding revenue bonds have
|
0013| been discharged in full or provisions have been fully made for the
|
0014| discharge.
|
0015| Section 12. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0016| RECEIPTS TAX--EFFECTIVE DATE OF RESOLUTION--COMPLIANCE WITH GROSS
|
0017| RECEIPTS AND COMPENSATING TAX ACT AND REQUIREMENTS OF DEPARTMENT--
|
0018| SUBMISSION OF COPY TO DEPARTMENT.--
|
0019| A. Unless another date is approved by the department,
|
0020| a resolution imposing, amending or repealing a regional transit
|
0021| gross receipts tax or an increment of the tax pursuant to the
|
0022| Regional Transit Authority Act shall be effective on July 1 or
|
0023| January 1, whichever date occurs first, after the expiration of at
|
0024| least three months from the date the adopted resolution is mailed
|
0025| or delivered to the department. The resolution shall include the
|
0001| effective date.
|
0002| B. A resolution imposing a regional transit gross
|
0003| receipts tax pursuant to the Regional Transit Authority Act shall
|
0004| adopt by reference the same definitions and the same provisions
|
0005| relating to exemptions and deductions as are contained in the
|
0006| Gross Receipts and Compensating Tax Act then in effect and as it
|
0007| may be amended from time to time.
|
0008| C. The board imposing the regional transit gross
|
0009| receipts tax pursuant to the Regional Transit Authority Act shall
|
0010| impose the tax by adopting the model resolution with respect to
|
0011| the tax furnished to the authority by the department. A
|
0012| resolution that does not conform substantially to the model
|
0013| resolution of the department is invalid.
|
0014| D. A certified copy of the resolution imposing or
|
0015| repealing a regional transit gross receipts tax authorized under
|
0016| the Regional Transit Authority Act or changing the tax rate
|
0017| imposed shall be mailed or delivered to the department within five
|
0018| days after the resolution is adopted.
|
0019| Section 13. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0020| RECEIPTS TAX--SPECIFIC EXEMPTIONS.--No regional transit gross
|
0021| receipts tax authorized under the Regional Transit Authority Act
|
0022| shall be imposed on the gross receipts arising from transporting
|
0023| persons or property for hire by railroad, motor vehicle, air
|
0024| transportation or any other means from one point within the
|
0025| authority to another point outside the authority, nor shall the
|
0001| tax be imposed on direct satellite broadcasting or on gross
|
0002| receipts that are exempt by federal law.
|
0003| Section 14. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0004| RECEIPTS TAX--COLLECTION BY DEPARTMENT--TRANSFER OF PROCEEDS--
|
0005| DEDUCTION.--
|
0006| A. The department shall collect the regional transit
|
0007| gross receipts tax imposed pursuant to the provisions of the
|
0008| Regional Transit Authority Act in the same manner and at the same
|
0009| time it collects the state gross receipts tax.
|
0010| B. The department may deduct an amount not to exceed
|
0011| three percent of the regional transit gross receipts tax collected
|
0012| under the provisions of the Regional Transit Authority Act as a
|
0013| charge for the administrative costs of collection. That amount
|
0014| shall be remitted to the state treasurer for deposit in the state
|
0015| general fund each month.
|
0016| C. The department shall transfer to each authority for
|
0017| which it is collecting a regional transit gross receipts tax
|
0018| pursuant to the provisions of the Regional Transit Authority Act
|
0019| the amount of the tax collected for that authority, less any
|
0020| disbursement for administrative charges made pursuant to
|
0021| Subsection B of this section, tax credits, refunds and the payment
|
0022| of interest applicable to the tax. The transfer to the authority
|
0023| shall be made within the month following the month in which the
|
0024| tax is collected.
|
0025| Section 15. [NEW MATERIAL] REGIONAL TRANSIT GROSS
|
0001| RECEIPTS TAX--ADMINISTRATION AND ENFORCEMENT OF ACT.--
|
0002| A. The department shall interpret the provisions of
|
0003| the Regional Transit Authority Act with respect to the regional
|
0004| transit gross receipts tax authorized under that act.
|
0005| B. The department shall administer and enforce the
|
0006| collection of the regional transit gross receipts tax authorized
|
0007| pursuant to the Regional Transit Authority Act, and the Tax
|
0008| Administration Act applies to the administration and enforcement
|
0009| of the regional transit gross receipts tax.
|
0010| Section 16. [NEW MATERIAL] BONDS OF THE AUTHORITY--USE--
|
0011| SECURITY.--
|
0012| A. The authority may issue and sell revenue bonds from
|
0013| time to time in principal amounts it considers necessary to
|
0014| provide sufficient funds for any purpose of the Regional Transit
|
0015| Authority Act, including:
|
0016| (1) the acquisition of real and personal
|
0017| property whether by purchase or by exercising the power of eminent
|
0018| domain;
|
0019| (2) the purchase, construction, reconstruction,
|
0020| repair, equipping, improvement or extension of a public transit
|
0021| system;
|
0022| (3) the payment, funding, refinancing or
|
0023| refunding of the principal of or interest or redemption premiums
|
0024| on bonds and other indebtedness issued or incurred by the
|
0025| authority whether the bonds or interest to be paid, funded,
|
0001| refinanced or refunded have or have not become due;
|
0002| (4) the establishment or increase of reserves or
|
0003| sinking funds to secure or to pay principal, premium, if any, or
|
0004| interest on bonds and reserves relating to the operation,
|
0005| maintenance and repair of a public transit system; and
|
0006| (5) all other costs or expenses of the authority
|
0007| necessary or convenient to carry out its corporate purposes and
|
0008| powers.
|
0009| B. Except as provided in Subsection D of this section,
|
0010| all bonds or other obligations issued by the authority shall be
|
0011| obligations of the authority payable solely from, and the
|
0012| authority is authorized to pledge, transfer and assign for the
|
0013| payment of the bonds:
|
0014| (1) all or part of the net receipts of the
|
0015| regional transit gross receipts tax that is dedicated for the
|
0016| purpose for which the bonds are issued;
|
0017| (2) any other revenue, income, money or funds of
|
0018| the authority from any source available for the payment of the
|
0019| bonds; or
|
0020| (3) any grant, subsidy or contribution from the
|
0021| United States or any of its agencies or instrumentalities that may
|
0022| be used for the payment of bonds of the authority.
|
0023| C. The bonds and other obligations of the authority
|
0024| shall not create an obligation, debt or liability of the state or
|
0025| any political subdivision of the state, including any governing
|
0001| body included in the authority. No breach of any pledge,
|
0002| obligation or agreement of the authority shall impose a pecuniary
|
0003| liability or a charge upon the general credit or taxing power of
|
0004| the state or any political subdivision of the state, including any
|
0005| governing body included in the authority.
|
0006| D. Revenues received by a municipality with a
|
0007| population of ten thousand or less, as determined by the last
|
0008| federal decennial census, from the levy of the gross receipts tax
|
0009| pursuant to the Regional Transit Authority Act shall not be
|
0010| pledged for bonds issued by an authority, but may be used for the
|
0011| operation and maintenance of the authority.
|
0012| Section 17. [NEW MATERIAL] BONDS--AUTHORIZATION FOR
|
0013| ISSUANCE--TERMS AND CONDITIONS.--
|
0014| A. Bonds of the authority shall be authorized by
|
0015| resolution of the board and may be issued in one or more series.
|
0016| The bonds shall bear the dates, be in the form, be issued in the
|
0017| denominations, have terms and maturities, bear interest at fixed
|
0018| or variable rates or have appreciated principal, be payable in the
|
0019| manner and at the times, be redeemed with or without premiums
|
0020| prior to maturity, be ranked or assigned priority status and have
|
0021| such other terms as the resolution of the authority or the trust
|
0022| agreement or other document securing the bonds provides.
|
0023| B. The bonds issued by the authority may be sold at
|
0024| any time at private or public sale at prices agreed upon by the
|
0025| authority. The authority may contract with the New Mexico finance
|
0001| authority for issuance of bonds for short-term investment of
|
0002| funds.
|
0003| C. Bonds may be issued pursuant to the Regional
|
0004| Transit Authority Act without obtaining the consent of any agency
|
0005| of the state and without any other proceeding or condition other
|
0006| than the proceedings or conditions specified in that act.
|
0007| D. The bonds issued by the authority are negotiable
|
0008| instruments for all purposes of the Uniform Commercial Code,
|
0009| subject only to the provisions of the bonds for registration.
|
0010| Section 18. [NEW MATERIAL] TRUST AGREEMENTS--CREDIT
|
0011| FACILITIES--RELATED DOCUMENTS.--
|
0012| A. The authority may enter into trust agreements to
|
0013| better secure the payment of any bonds issued pursuant to the
|
0014| Regional Transit Authority Act with any corporate trustee and
|
0015| provide in the trust agreements for the rights and limitations on
|
0016| rights of the holders and owners of the bonds.
|
0017| B. The authority may enter into credit facilities to
|
0018| provide additional security for its bonds or for a primary or
|
0019| contingent source of payment of or reimbursement for the principal
|
0020| of or interest or any redemption premium on the bonds, or the
|
0021| purchase price upon a tender or call of the bonds. The authority
|
0022| may enter into contracts for the purchase or repurchase of its
|
0023| bonds.
|
0024| C. The authority may enter into reimbursement
|
0025| agreements, credit agreements, escrow agreements and other
|
0001| contracts and agreements as are necessary or appropriate for its
|
0002| bonds.
|
0003| Section 19. [NEW MATERIAL] REFUNDING BONDS.--The
|
0004| authority is authorized to issue its bonds for the purpose of
|
0005| refunding any outstanding bonds, including the payment of any
|
0006| redemption premiums and any interest accrued or to accrue to the
|
0007| date of redemption of the outstanding bonds. Until the proceeds
|
0008| of the refunding bonds are applied to the purchase or retirement
|
0009| of the outstanding bonds or the redemption of the outstanding
|
0010| bonds, the proceeds may be placed in escrow and be invested and
|
0011| reinvested. The interest, income and profits, if any, earned or
|
0012| realized on any such investment may, in the discretion of the
|
0013| authority, also be applied to the payment of the outstanding bonds
|
0014| to be refunded. After the terms of any escrow agreement have been
|
0015| satisfied, any balance remaining in escrow, including investments
|
0016| earnings, may be returned to the authority for use by it in any
|
0017| lawful manner. All refunding bonds shall be issued and secured
|
0018| and shall be subject to the provisions of the Regional Transit
|
0019| Authority Act in the same manner and to the same extent as any
|
0020| other bonds issued pursuant to the Regional Transit Authority Act.
|
0021| Section 20. [NEW MATERIAL] PUBLICATION OF NOTICE--
|
0022| VALIDATION--LIMITATION OF ACTION.--
|
0023| A. After adoption of a resolution authorizing the
|
0024| issuance of bonds, the authority shall publish notice of the
|
0025| adoption of the resolution once in a newspaper of general
|
0001| circulation in the area in which the authority is located.
|
0002| B. After the passage of thirty days from the time of
|
0003| publication, any action attacking the validity of the proceedings
|
0004| or taken by the authority in the authorization and issuance of the
|
0005| bonds described in the notice is perpetually barred.
|
0006| Section 21. [NEW MATERIAL] MANAGEMENT.--
|
0007| A. Responsibility for the construction, management and
|
0008| operation of an authority and for control of the property
|
0009| belonging to an authority shall be vested in its board. The board
|
0010| may employ qualified persons deemed necessary by the board for the
|
0011| conduct of the affairs of the authority, including a general
|
0012| manager, bookkeeper, auditor and engineer.
|
0013| B. The board shall provide for an annual audit of its
|
0014| affairs by an independent certified public accountant.
|
0015| Section 22. [NEW MATERIAL] ANNUAL BUDGET.--Prior to the
|
0016| beginning of a fiscal year, the board shall adopt an annual
|
0017| operating budget that specifies major expenditures by type and
|
0018| amount. The board shall furnish the local government division of
|
0019| the department of finance and administration with a copy of the
|
0020| budget for review and approval no later than June 1 of each year.
|
0021| Section 23. [NEW MATERIAL] RULES AND REGULATIONS.--
|
0022| A. The board may adopt and enforce reasonable rules
|
0023| and regulations necessary to conduct its business, including:
|
0024| (1) securing and maintaining safety and
|
0025| efficiency in the operation and maintenance of its facilities;
|
0001| (2) governing the use of the authority's
|
0002| facilities and services by the public and the payment of fares;
|
0003| (3) regulating privileges on any land, easement,
|
0004| right of way or other property owned or controlled by the
|
0005| authority; and
|
0006| (4) employing qualified persons as necessary to
|
0007| carry out the purpose of the Regional Transit Authority Act.
|
0008| B. Regulations adopted by the board shall be published
|
0009| once a week for two consecutive weeks in a newspaper of general
|
0010| circulation in the area in which the authority is located. Rules
|
0011| and regulations shall become effective ten days following the last
|
0012| publication.
|
0013| Section 24. [NEW MATERIAL] CONTRACTS FOR CONSTRUCTION,
|
0014| GOODS OR SERVICES.--The board shall establish purchasing
|
0015| guidelines, including rules governing a competitive bid process;
|
0016| provided that the board shall not secure a contract that is not
|
0017| subject to competitive bidding requirements or that is for the
|
0018| purchase of real property or for professional services until an
|
0019| announcement that a contract is being considered is posted in a
|
0020| prominent place in the principal office of the authority for at
|
0021| least two weeks before the contract is awarded.
|
0022| Section 25. [NEW MATERIAL] CONDUCT OF ELECTIONS.--
|
0023| A. Notwithstanding initial elections necessary to
|
0024| confirm the creation of an authority, board elections shall be
|
0025| conducted at the time of the general election under the direction
|
0001| of the municipal or county clerk and in accordance with the
|
0002| provisions of the Election Code.
|
0003| B. Notice of the election shall be given by
|
0004| publication.
|
0005| C. All polling places shall be within the area
|
0006| included within the authority.
|
0007| D. The secretary of the authority shall provide to
|
0008| each municipal or county clerk supplies and assistance necessary
|
0009| to conduct an election for membership on the board, as authorized
|
0010| by the Regional Transit Authority Act.
|
0011| Section 26. [NEW MATERIAL] EXEMPTION FROM TAXES.--The
|
0012| property, revenues and income of an authority and the interest on
|
0013| bonds issued by an authority shall be exempt from all taxes levied
|
0014| by the state and its political subdivisions.
|
0015| Section 27. [NEW MATERIAL] CONSTRUCTION OF ACT.--The
|
0016| Regional Transit Authority Act shall be liberally construed to
|
0017| carry out the purpose of that act.
|
0018| Section 28. A new section of the Tax Administration Act is
|
0019| enacted to read:
|
0020| "[NEW MATERIAL] TRANSFER--REVENUES FROM REGIONAL TRANSIT
|
0021| GROSS RECEIPTS TAXES.--A transfer pursuant to Section 7-1-6.1 NMSA
|
0022| 1978 shall be made to each regional transit authority for which
|
0023| the department is collecting a regional transit gross receipts tax
|
0024| in an amount equal to the net receipts attributable to the
|
0025| regional transit gross receipts tax imposed by that authority
|
0001| pursuant to the Regional Transit Authority Act less any deductions
|
0002| for administrative costs determined and made by the department
|
0003| pursuant to the provisions of that act."
|
0004| Section 29. Section 6-14-2 NMSA 1978 (being Laws 1970,
|
0005| Chapter 10, Section 2, as amended) is amended to read:
|
0006| "6-14-2. DEFINITIONS.--As used in the Public Securities
|
0007| Act:
|
0008| A. "net effective interest rate" means the interest
|
0009| rate based on the actual price paid to a public body for its
|
0010| public securities, calculated to maturity according to standard
|
0011| tables of bond values;
|
0012| B. "public body" means this state or any department,
|
0013| board, agency or instrumentality of the state, any county, city,
|
0014| town, village, school district, other district, educational
|
0015| institution or any other governmental agency or political
|
0016| subdivision of the state; and
|
0017| C. "public securities" means any bonds, notes,
|
0018| warrants or other obligations now or hereafter authorized to be
|
0019| issued by any public body pursuant to the provisions of any
|
0020| general or special law enacted by the legislature, but does not
|
0021| include bonds, notes, warrants or other obligations issued
|
0022| pursuant to:
|
0023| (1) the Industrial Revenue Bond Act;
|
0024| (2) the County Improvement District Act;
|
0025| (3) Sections 3-33-1 through 3-33-43 NMSA 1978;
|
0001| (4) the Pollution Control Revenue Bond Act;
|
0002| (5) the County Pollution Control Revenue Bond
|
0003| Act;
|
0004| (6) the County Industrial Revenue Bond Act;
|
0005| (7) the Metropolitan Redevelopment Code;
|
0006| (8) the Supplemental Municipal Gross Receipts
|
0007| Tax Act;
|
0008| (9) the Regional Transit Authority Act;
|
0009| [(9)] (10) the Hospital Equipment Loan Act;
|
0010| or
|
0011| [(10)] (11) the New Mexico Finance Authority
|
0012| Act."
|
0013| Section 30. Section 6-18-4 NMSA 1978 (being Laws 1983,
|
0014| Chapter 161, Section 4, as amended) is amended to read:
|
0015| "6-18-4. DEFINITIONS.--As used in the Public Securities
|
0016| Short-Term Interest Rate Act, unless the context otherwise
|
0017| requires:
|
0018| A. "bond" means any bond, debenture, note, refunding
|
0019| or renewal bond or note, warrant or other security evidencing an
|
0020| obligation authorized to be issued by a public body pursuant to
|
0021| any provision of law of this state, including the Public
|
0022| Securities Short-Term Interest Rate Act;
|
0023| B. "governing body" means the city council or other
|
0024| body or officer of a public body in which the legislative powers
|
0025| are vested;
|
0001| C. "indebtedness" means any debt evidenced by a bond
|
0002| issued by a public body pursuant to any law of this state that
|
0003| constitutes a debt for the purposes of Section 12 or 13 of Article
|
0004| 9 of the constitution of New Mexico and the issuance of which must
|
0005| be submitted to a vote of the qualified electors of the public
|
0006| body pursuant to those sections and any bond issued for the
|
0007| purpose of paying or refunding any such bond;
|
0008| D. "bond legislation" means an ordinance or a
|
0009| resolution or other appropriate enactment adopted by a governing
|
0010| body [of a public body] providing for the authorization or sale
|
0011| of bonds and any trust agreement, credit agreement, letter of
|
0012| credit, reimbursement agreement or other credit facility, dealer
|
0013| agreement, issuing or paying agent agreement, purchase commitment
|
0014| agreement, escrow agreement, remarketing agreement, index agent
|
0015| agreement or other agreement with respect to the bonds to which
|
0016| the public body or trustee for the bonds is a party; and
|
0017| E. "public body" means any municipality, any county,
|
0018| any school district, any special district, any H class county
|
0019| [located in New Mexico], the New Mexico hospital equipment loan
|
0020| council, state institutions enumerated in Section 6-13-2 NMSA
|
0021| 1978, the water quality control commission, the state board of
|
0022| finance, the New Mexico finance authority, a regional transit
|
0023| authority created pursuant to the Regional Transit Authority Act
|
0024| or the state."
|
0025| Section 31. EFFECTIVE DATE.--The effective date of the
|
0001| provisions of this act is July 1, 1997.
|
0002| State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997
|
0007|
|
0008|
|
0009| March 14, 1997
|
0010|
|
0011|
|
0012| Mr. Speaker:
|
0013|
|
0014| Your TAXATION AND REVENUE COMMITTEE, to whom has
|
0015| been referred
|
0016|
|
0017| HOUSE BILL 669, as amended
|
0018|
|
0019| has had it under consideration and reports same with
|
0020| recommendation that it DO NOT PASS, but that
|
0021|
|
0022| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE
|
0023| FOR HOUSE BILL 669
|
0024|
|
0025| be reported WITHOUT RECOMMENDATION.
|
0001|
|
0002|
|
0003| Respectfully submitted,
|
0004|
|
0005|
|
0006|
|
0007|
|
0008| Jerry W. Sandel, Chairman
|
0009|
|
0010|
|
0011| Adopted Not Adopted
|
0012|
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015| Date
|
0016|
|
0017| The roll call vote was 6 For 4 Against
|
0018| Yes: 6
|
0019| No: Gonzales, Porter, Russell, Ryan
|
0020| Excused: Lujan, Sandoval, Sandel
|
0021| Absent: None
|
0022|
|
0023|
|
0024|
|
0025| G:\BILLTEXT\BILLW_97\H0669 State of New Mexico
|
0001| House of Representatives
|
0002|
|
0003| FORTY-THIRD LEGISLATURE
|
0004| FIRST SESSION, 1997
|
0005|
|
0006|
|
0007| March 14, 1997
|
0008|
|
0009|
|
0010| Mr. Speaker:
|
0011|
|
0012| Your TAXATION AND REVENUE COMMITTEE, to whom has
|
0013| been referred
|
0014|
|
0015| HOUSE BILL 669, as amended
|
0016|
|
0017| has had it under consideration and reports same with
|
0018| recommendation that it DO NOT PASS, but that
|
0019|
|
0020| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE
|
0021| FOR HOUSE BILL 669
|
0022|
|
0023| be reported WITHOUT RECOMMENDATION.
|
0024|
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| Jerry W. Sandel, Chairman
|
0007|
|
0008|
|
0009| Adopted Not Adopted
|
0010|
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date
|
0014|
|
0015| The roll call vote was 6 For 4 Against
|
0016| Yes: 6
|
0017| No: Gonzales, Porter, Russell, Ryan
|
0018| Excused: Lujan, Sandoval, Sandel
|
0019| Absent: None
|
0020|
|
0021|
|
0022|
|
0023| G:\BILLTEXT\BILLW_97\H0669
|
0024|
|
0025| FORTY-THIRD LEGISLATURE
|
0001| FIRST SESSION, 1997
|
0002|
|
0003|
|
0004| March 17, 1997
|
0005|
|
0006| Mr. President:
|
0007|
|
0008| Your WAYS AND MEANS COMMITTEE, to whom has been referred
|
0009|
|
0010| HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR
|
0011| HOUSE BILL 669
|
0012|
|
0013| has had it under consideration and reports same with
|
0014| recommendation that it DO PASS, and thence referred to the
|
0015| FINANCE COMMITTEE.
|
0016|
|
0017| Respectfully submitted,
|
0018|
|
0019|
|
0020|
|
0021| __________________________________
|
0022| Carlos R. Cisneros, Chairman
|
0023|
|
0024|
|
0025|
|
0001| Adopted_______________________ Not Adopted_______________________
|
0002| (Chief Clerk) (Chief Clerk)
|
0003|
|
0004|
|
0005| Date ________________________
|
0006|
|
0007|
|
0008| The roll call vote was 7 For 0 Against
|
0009| Yes: 7
|
0010| No: 0
|
0011| Excused: McSorley, Nava
|
0012| Absent: None
|
0013|
|
0014|
|
0015| H0669WM1
|
0016|
|