HOUSE BILL 265
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO STATE PARKS; REQUIRING A ONE DOLLAR ($1.00) INCREASE TO THE COST OF A DAY-USE PERMIT PER VEHICLE FOR EACH STATE PARK, WHICH SHALL BE DISTRIBUTED TO MUNICIPALITIES ADJACENT TO STATE PARKS FOR THE REPAIR, REPLACEMENT AND CONSTRUCTION OF CRITICAL INFRASTRUCTURE THAT PROVIDES ACCESS TO THE STATE PARK; CREATING THE STATE-PARK-ADJACENT MUNICIPALITY FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 16-2-19 NMSA 1978 (being Laws 1935, Chapter 57, Section 16, as amended) is amended to read:
"16-2-19. STATE PARK AND RECREATION REVENUES--SOURCE AND DISBURSEMENT--CRITICAL INFRASTRUCTURE FEE.--
A. Except as provided in Subsection B of this section, all money derived from the operation of state parks or recreation areas or from the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978 appropriated to the energy, minerals and natural resources department for state park and recreation capital improvements or from gifts, donations, bequests or endowments, except as the money may be pledged for the retirement of bonds issued under the State Park and Recreation Bond Act or appropriated for state park and recreation purposes by the legislature or acquired from any other source whatsoever, shall not at any time or in any event revert or be transferred to general or other state funds; and such funds shall be used solely for the purpose of acquiring, developing, operating and maintaining state parks or recreation areas and maintenance, operation and expenditures of the state [park and recreation] parks division of the energy, minerals and natural resources department, the payment of traveling expenses and salaries of officers, park superintendents and employees and the retirement of state park and recreation bonds. Expenditures shall be made in accordance with budgets approved by the department of finance and administration.
B. The director of the state parks division shall add a one dollar ($1.00) critical infrastructure fee to the cost of a day-use permit per motor vehicle for each state park. The division shall remit the money collected pursuant to this subsection to the state treasury for credit to the state-park-adjacent municipality fund."
SECTION 2. [NEW MATERIAL] STATE-PARK-ADJACENT MUNICIPALITY FUND.--
A. The "state-park-adjacent municipality fund" is created as a nonreverting fund in the state treasury. The fund consists of critical infrastructure fees, appropriations, gifts, grants, donations, bequests, income from investment of the fund and other money distributed or otherwise allocated to the fund. The local government division of the department of finance and administration shall administer the fund. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the local government division. Money in the fund is appropriated to the local government division:
(1) to be distributed upon request to adjacent municipalities in proportion to the fees collected from the state park, pursuant to Subsection B of Section 16-2-19 NMSA 1978, to which the municipality is adjacent and provides public access; and
(2) for the repair, replacement and construction of critical infrastructure, including roads and bridges, that provides access to the state park.
B. For the purposes of this section, "adjacent municipality" means a municipality that is geographically adjacent to a state park and provides public access to the state park.
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