SENATE BILL 759
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Shannon Robinson
AN ACT
RELATING TO COMMUTER RAIL; GRANTING POWERS AND DUTIES TO THE DEPARTMENT OF TRANSPORTATION; PROVIDING FOR THE NEGOTIATION OF AGREEMENTS WITH OTHER STATES TO FACILITATE COMMUTER RAIL TRANSPORTATION; CREATING THE COMMUTER RAIL ENTERPRISE FUND; PROVIDING FOR USE OF APPROPRIATIONS; CREATING AN EXEMPTION TO THE PROCUREMENT CODE; PROVIDING FOR EMINENT DOMAIN; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2005; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 9 of this act may be cited as the "Commuter Rail Act".
Section 2. [NEW MATERIAL] PURPOSE OF ACT.--It is the purpose of the Commuter Rail Act to give the department of transportation all functions and powers necessary to develop a coordinated program of commuter rail transportation within the state and to authorize the department to negotiate with neighboring states to expand commuter rail service outside of the state.
Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Commuter Rail Act:
A. "commuter rail system" means a system of railroad transportation, and any expansion of that system, designated and controlled by the department for the transportation of persons, including tracks, rights of way, easements, equipment, communication and transportation structures, terminals, facilities and other real property owned, purchased or otherwise acquired by the department, either alone or in cooperation with other governmental entities or other persons; and
B. "department" means the department of transportation.
Section 4. [NEW MATERIAL] DEPARTMENT--POWERS AND DUTIES--OWNERSHIP AND OPERATION OF COMMUTER RAIL SYSTEM--AGREEMENTS--INTERSTATE COMPACT--SALE AND LEASE OF PROPERTY--ESTABLISHMENT AND COLLECTION OF FARES.--
A. In addition to the power granted to the department in the Public Mass Transportation Act, the department may plan, design, construct, maintain, own, operate, equip, manage and supervise a commuter rail system.
B. In exercising the authority granted in Subsection A of this section, the department may enter into agreements with:
(1) a bureau, department or agency of the federal government;
(2) an Indian nation, tribe or pueblo;
(3) another state, subject to the provisions of Subsection C of this section;
(4) a bureau, department or agency of this state;
(5) a municipality, county, school district or other political subdivision of this state; or
(6) any person.
C. An agreement between the department and another state pursuant to the Commuter Rail Act shall be negotiated as an agreement or compact between this state and the other state and shall not become effective until ratified by the New Mexico legislature.
D. The department may sell, lease or grant easements or rights of way or other property interests over or otherwise dispose of real or personal property directly related to a commuter rail system, for reasonable consideration, to a state or local government entity within this state or to a person. Money received from the disposition of real or personal property pursuant to this subsection shall be deposited in the commuter rail enterprise fund.
E. The department shall determine, charge and collect fares and set schedules and all other terms and conditions of the operation of a commuter rail system. Money from the collection of fares shall be deposited in the commuter rail enterprise fund.
Section 5. [NEW MATERIAL] COMMUTER RAIL ENTERPRISE FUND-- CREATED--PURPOSE.--
A. The "commuter rail enterprise fund" is created in the state treasury and shall be administered by the department. The fund shall consist of money from commuter rail system fares, appropriations, gifts, grants, donations and bequests and from other sources distributed to the fund. Earnings on investment of the fund shall be credited to the fund. Balances in the fund at the end of any fiscal year shall not revert to another fund and shall remain in the commuter rail enterprise fund for the purposes authorized in this section. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary of transportation or the secretary's authorized representative.
B. Money in the commuter rail enterprise fund is appropriated to the department to be used solely to effectuate the purposes of the Commuter Rail Act, including paying the costs of:
(1) planning, design, construction, maintenance, ownership, operation, management and supervision of a commuter rail system; and
(2) acquisition of real and personal property interests, facilities and equipment for a commuter rail system.
Section 6. [NEW MATERIAL] USE OF APPROPRIATED FUNDS.--The department may expend any portion of funds appropriated to it pursuant to the Commuter Rail Act as it deems necessary to effectuate the purposes of that act.
Section 7. [NEW MATERIAL] PROCUREMENT.--The provisions of the Procurement Code do not apply to an acquisition of goods, services, construction or professional services by the department pursuant to the Commuter Rail Act if the department has promulgated a procurement rule for the Commuter Rail Act.
Section 8. [NEW MATERIAL] ACQUISITION OF PROPERTY FOR COMMUTER RAIL SYSTEM--POWER OF EMINENT DOMAIN.--The department may:
A. acquire property by purchase, lease, exchange, donation, gift, bequest, devise or eminent domain for the purpose of construction and operation of a commuter rail system; and
B. negotiate for the acquisition of property from any person, governmental entity or Indian nation, tribe or pueblo for the construction and operation of a commuter rail system.
Section 9. [NEW MATERIAL] LIBERAL CONSTRUCTION.--In order to accomplish its purpose, the Commuter Rail Act shall be liberally construed.
Section 10. Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended by Laws 2005, Chapter 23, Section 2 and by Laws 2005, Chapter 317, Section 2 and by Laws 2005, Chapter 318, Section 1 and also by Laws 2005, Chapter 334, Section 8) is amended to read:
"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:
A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections
13-1-135 through 13-1-137 NMSA 1978;
B. procurement of tangible personal property or services for the governor's mansion and grounds;
C. printing and duplicating contracts involving materials that are required to be filed in connection with proceedings before administrative agencies or state or federal courts;
D. purchases of publicly provided or publicly regulated gas, electricity, water, sewer and refuse collection services;
E. purchases of books and periodicals from the publishers or copyright holders [thereof];
F. travel or shipping by common carrier or by private conveyance or to meals and lodging;
G. purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;
H. contracts with businesses for public school transportation services;
I. procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to rules adopted by the corrections industries commission, which shall be reviewed by the purchasing division of the general services department prior to adoption;
J. minor purchases not exceeding five thousand dollars ($5,000) consisting of magazine subscriptions, conference registration fees and other similar purchases where prepayments are required;
K. municipalities having adopted home rule charters and having enacted their own purchasing ordinances;
L. the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;
M. contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections
33-3-26 and 33-3-27 NMSA 1978;
N. contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;
O. contracts and expenditures for services or items of tangible personal property to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;
P. contracts for retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
Q. contracts with professional entertainers;
R. contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;
S. contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county improvement districts pursuant to Subsection L of Section
4-55A-12.1 NMSA 1978;
T. works of art for museums or for display in public buildings or places;
U. contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;
V. purchases of advertising in all media, including radio, television, print and electronic;
W. purchases of promotional goods intended for resale by the tourism department;
X. procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act; provided that the exemption applies only to procurement of services not to exceed two hundred thousand dollars ($200,000);
Y. procurement of services from community rehabilitation programs or qualified individuals pursuant to
the State Use Act; [and]
Z. purchases of products or services for eligible persons with disabilities pursuant to the federal Rehabilitation Act of 1973;
[Y.] AA. procurement of an agreement, pursuant to Section 9-7-6.5 NMSA 1978, to operate Fort Bayard medical center or to provide and operate in Grant county a replacement facility for Fort Bayard medical center;
[Y.] BB. contracts for investment advisory services, investment management services or other investment-related services entered into by the [education] educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act; and
CC. the acquisition of goods, services, construction or professional services by the department of transportation pursuant to the Commuter Rail Act."
Section 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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