FORTY-EIGHTH LEGISLATURE

FIRST SPECIAL SESSION

March 29, 2007

SENATE FLOOR AMENDMENT number ___1___ to HOUSE BILL 2

Amendment sponsored by Senator

    1.  On page 1, line 12, after the first semicolon insert "APPROPRIATING THE PROCEEDS FOR CERTAIN ROAD PROJECTS; MAKING GENERAL FUND APPROPRIATIONS FOR CERTAIN ROAD PROJECTS;".

    2. On page 1, line 22, strike "2012" and insert in lieu thereof "2009".

    3. On page 1, lines 24 and 25, strike "two hundred eight million dollars ($208,000,000)" and insert in lieu thereof "one hundred fifty million dollars ($150,000,000)".

    4. On page 2, line 1, after "that" strike the remainder of the line, strike lines 2 through 4 and strike line 5 through the period and insert in lieu thereof a colon and the following paragraphs:

             "(1) in fiscal year 2007, no more than fifty million dollars ($50,000,000) in bonds shall be issued; and

             (2) in each of fiscal years 2008 and 2009, no more than the lesser of fifty million dollars ($50,000,000) or twelve and one-half percent of severance tax bonding capacity, as determined pursuant to Section 7-27-10.1 NMSA 1978, shall be issued.".

    5. On page 2, line 5, before "The" insert the subsection designation "B.".

    6. Reletter the succeeding subsections accordingly.

    7. On page 2, line 16, after the period strike the remainder of the line and strike lines 17 through 19.

    8. On page 2, line 21, after "appropriated" strike the remainder of the line, strike lines 22 and 23 and insert in lieu thereof the following:

"as follows:

             (1) proceeds of the bonds issued in fiscal year 2007 are appropriated to the local government transportation fund for distribution as directed by the department of transportation for projects pursuant to Section 6-21-6.12 NMSA 1978;

             (2) twenty percent of the proceeds of the bonds issued in fiscal years 2008 and 2009 are appropriated to the department of transportation to perform routine maintenance on state highways;

             (3) forty percent of the proceeds of the bonds issued in fiscal years 2008 and 2009 are appropriated to the local government transportation fund for distribution as directed by the department of transportation for projects pursuant to Section 6-21-6.12 NMSA 1978; and

             (4) forty percent of the proceeds of the bonds issued in fiscal years 2008 and 2009 are appropriated to the department of transportation for the purpose of completing those projects authorized in Paragraphs (1) and (3) through (38) of Subsection A of Laws 2003 (1st S.S.), Chapter 3, Section 27, provided that the department shall comply with the requirements of Subsections C, D and E of Section 67-3-59.4 NMSA 1978.".

    9. On page 3, line 2, strike "April 1, 2012" and insert in lieu thereof "July 1, 2009".

    10. On page 3, line 6, strike "SEVERANCE TAX" and insert in lieu thereof "LOCAL GOVERNMENT".

    11. On page 3, line 8, strike "severance tax" and insert in lieu thereof "local government".

    12. On page 3, line 12, after "consist of" insert "general fund appropriations and".

    13. On page 4, strike lines 2 through 5 and insert in lieu thereof the following new paragraph:

             "(1) projects shall be funded in the order that a completed application from a local government is received if the application shows, to the satisfaction of the department, that the project is ready to proceed and that the local government has, or will timely have, the required match for the distribution;".

    14. On page 4, line 16, strike "severance tax" and insert in lieu thereof "local government".

    15. On page 6, line 1, strike the colon, strike lines 2 through 9 and on line 10, strike "(2)".

    16. On page 6, lines 15 and 16, strike "may be distributed by the authority" and insert in lieu thereof "are subject to appropriation by the legislature".

    17. On page 6, line 21, strike "severance tax" and insert in lieu thereof "local government".

    18. On page 6, after line 25, insert the following new section:

    "Section 3. GENERAL FUND APPROPRIATIONS--ROAD PROJECTS.--

         A. Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the department of transportation for expenditure in fiscal years 2007 through 2010 for the purpose of completing those projects authorized in Paragraphs (1) and (3) through (38) of Subsection A of Laws 2003 (1st S.S.), Chapter 3, Section 27, provided that the department shall comply with the requirements of Subsections C, D and E of Section 67-3-59.4 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.

         B. Twenty-five million dollars ($25,000,000) is appropriated from the general fund to the local government transportation fund for distribution in fiscal years 2007 through 2010 as directed by the department of transportation for projects pursuant to Section 6-21-6.12 NMSA 1978.

         C. Ten million dollars ($10,000,000) is appropriated from the general fund to the department of transportation for expenditure in fiscal years 2007 through 2010 for the acquisition of rights of way, planning, design and construction of drainage and paving improvements and transportation infrastructure improvements related to the spaceport in Sierra county and Dona Ana county. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.".

    19. Renumber the succeeding sections accordingly.

    20. On page 7, line 2, strike "SEVERANCE TAX" and insert in lieu thereof "LOCAL GOVERNMENT".

    21. On page 7, line 5, strike "severance tax" and insert in lieu thereof "local government".

                                      __________________________

Adopted ___________________ Not Adopted _______________________

          (Chief Clerk)                (Chief Clerk)

                  Date _________________