44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

PROPOSING TO AMEND ARTICLE 8 OF THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW SECTION TO REQUIRE THAT REVENUES FROM STATE TAXES AND FEES RELATED TO SALE OR USE OF FUEL TO POWER MOTOR VEHICLES OR FROM REGISTRATION, LICENSE OR OTHER FEES AND TAXES IMPOSED FOR USE OF THE HIGHWAYS IN THE STATE BE USED SOLELY FOR HIGHWAY AND TRANSPORTATION PURPOSES.

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

Section 1. It is proposed to amend Article 8 of the constitution of New Mexico by adding a new section to read:

"A. After June 30, 2002, revenues from the state taxes and fees described in Subsection B of this section shall not be appropriated for any purpose except:

(1) to the state highway and transportation department or its successor agency for construction, improvement or maintenance of public roads, highways and bridges in the state and related administrative, design, engineering, legal, clerical or other necessary services or acquisition of land and rights of way for such roads, highways and bridges;

(2) for other transportation programs or purposes administered by the state highway and transportation department or its successor agency;

(3) for distribution pursuant to law to municipalities or counties for construction, improvement or maintenance of local public streets, roads, highways and bridges and related administrative, design, engineering, legal, clerical or other necessary services or acquisition of land or rights of way for such streets, roads, highways and bridges or for other local transportation purposes; or

(4) for debt service payments, bond issuance costs or other costs necessary for financing projects for any purpose in Paragraphs (1) through (3) of this subsection or to satisfy any debt or meet any payment for which such taxes or fees were pledged or obligated prior to July 1, 2002.

B. The following state taxes and fees are subject to the appropriation limitations of Subsection A of this section:

(1) taxes or fees imposed on the sale of or for the privilege of using, receiving or distributing gasoline or any other fuels used to generate power to propel motor vehicles; and

(2) registration, license or other fees or taxes imposed on owners or operators of motor vehicles or on motor vehicles for the use of the highways in the state, other than taxes or fees imposed on the sale or lease of motor vehicles or for the privilege of engaging in the business of selling or leasing motor vehicles and measured by gross receipts."

Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date which may be called for that purpose.