HOUSE BILL 1034
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Thomas A. Anderson
AN ACT
RELATING TO AVIATION; TRANSFERRING OWNERSHIP AND ADMINISTRATION OF STATE AIRCRAFT, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY AND CONTRACTUAL OBLIGATIONS FROM THE GENERAL SERVICES DEPARTMENT TO THE DEPARTMENT OF TRANSPORTATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 15-9-2 NMSA 1978 (being Laws 1994, Chapter 135, Section 2) is amended to read:
"15-9-2. DEFINITIONS.--As used in the State Aircraft Act:
A. "department" means the [general services] department of transportation; and
B. "state aircraft" means all state airplanes used primarily to transport passengers."
Section 2. Section 15-9-4.1 NMSA 1978 (being Laws 1995, Chapter 47, Section 3) is amended to read:
"15-9-4.1. AVIATION SERVICES FUND.--There is created in the state treasury the "aviation services fund". Money in the fund is appropriated to the [general services] department for the purpose of operating, maintaining and repairing state aircraft, including fuel, insurance, pilot compensation and other basic support costs. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the [motor pool] aviation division of the [general services] department. Money in the fund shall not revert at the end of any fiscal year."
Section 3. Section 15-9-5 NMSA 1978 (being Laws 1994, Chapter 135, Section 5) is amended to read:
"15-9-5. [TEMPORARY PROVISION] TRANSFER OF AIRCRAFT, PERSONNEL, MONEY, APPROPRIATIONS, FURNITURE, SUPPLIES AND OTHER PROPERTY AND CONTRACTUAL OBLIGATIONS.--On the effective date of [the State Aircraft] this 2005 act, the [passenger] aircraft owned by the [state corporation commission, the energy, minerals and natural resources department and the state highway and transportation] general services department shall be transferred to the [general services] department of transportation, and title to the aircraft shall be transferred to the [general services] department of transportation. On the effective date of [the State Aircraft] this 2005 act, the personnel, money, appropriations, furniture, supplies and other property attributable to the ownership, operation or maintenance of [passenger] aircraft in the [state corporation commission, the energy, minerals and natural resources department and the state highway and transportation] general services department shall be transferred to the [general services] department of transportation. On the effective date of [the State Aircraft] this 2005 act, contractual obligations related to the ownership, operation or maintenance of [passenger] aircraft of the [state corporation commission, the energy, minerals and natural resources department and the state highway and transportation] general services department shall be binding on the [general services] department of transportation."
Section 4. Section 64-1-12 NMSA 1978 (being Laws 1963, Chapter 314, Section 2, as amended) is amended to read:
"64-1-12. DEFINITIONS.--As used in the Aviation Act:
A. "aircraft" means airplane and helicopter;
B. "pilot" means any person participating in the operation of an aircraft while it is in flight;
C. "passenger" means any person riding in an aircraft except a pilot;
D. "department" means the [state highway and transportation] department of transportation;
E. "division" means the aviation division of the department;
F. "director" means the executive head of the division; and
G. "secretary" means the [executive head of the department] secretary of transportation."
Section 5. Section 64-1-13 NMSA 1978 (being Laws 1963, Chapter 314, Section 5, as amended) is amended to read:
"64-1-13. AVIATION DIVISION--POWERS AND DUTIES.--The division shall:
A. cooperate with all public and private agencies and organizations, state, local and federal, to encourage and advance aviation in this state;
B. assemble and distribute to the public information relating to aviation, landing fields, beacons and other matters pertaining to aviation and may accept federal money made available for the advancement of aviation;
C. authorize expenditures of money from the state aviation fund for construction, development and maintenance of public-use airport facilities, except airports serving regularly scheduled interstate airlines using aircraft with a maximum passenger capacity of more than sixty seats or a maximum payload capacity of more than fifteen thousand pounds, including rural landing fields and airstrips. Expenditures shall be made according to the need for airport facilities as determined by the division;
D. operate under a director, appointed by the secretary, with the approval of the governor, who shall have an aviation background and meet other qualifications prescribed by the secretary;
E. establish policies for operation of the division;
F. promulgate rules for proper enforcement of aviation laws, except for those relating to common carriers;
G. provide for a surety bond, paid from the state aviation fund, issued by a corporate surety company licensed to do business in New Mexico, in an amount set by the state board of finance, on a form approved by the attorney general, conditioned upon the faithful performance of the duties of the personnel of the division who expend or authorize the expenditure of state funds;
H. have the following powers with respect to state airports:
(1) the division may, on behalf of and in the name of the state, out of appropriations and other money made available for such purposes, plan, construct, enlarge, improve, maintain, equip and operate airports and air navigation facilities, including the construction, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. For such purposes, the division may, in the name of the state, by purchase, gift, devise, lease or otherwise, acquire property, real or personal, or any interest in property, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or air navigation facilities. The division may enter into any contracts necessary to the execution of the powers granted it by this paragraph; and
(2) the division may accept, receive, receipt for, disburse and expend federal money and other money, public or private, made available to accomplish, in whole or in part, any of the purposes of this subsection. All federal money accepted under this subsection shall be accepted and expended by the division upon such terms and conditions as are prescribed by the United States. The division, on behalf of the state, may enter into contracts with the United States or with any person that may be required in connection with a grant or loan of federal money for airport or air navigation facility purposes. All money received by the division pursuant to this subsection is appropriated for the purpose for which the money was made available, to be disbursed or expended in accordance with the terms and conditions upon which the money was made available; provided that nothing contained in this section shall affect the power of a local government to contract with the United States or any person in connection with a grant or loan of money for airports or air navigation facilities in accordance with the terms and conditions upon which the funds were made available; [and]
I. have the power to engage in planning for the development of a system of public airports within the state; and
J. administer the State Aircraft Act."
Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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