0001| SENATE BILL 486
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| GLORIA HOWES
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO THE LOCAL GOVERNMENTS ROAD FUND; PROVIDING THAT
|
0013| COUNTY ARTERIAL PROGRAM BALANCES REMAIN FOR DISTRIBUTION IN THE
|
0014| SUBSEQUENT FISCAL YEAR.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 67-3-28.2 NMSA 1978 (being Laws 1986,
|
0018| Chapter 20, Section 125, as amended) is amended to read:
|
0019| "67-3-28.2. LOCAL GOVERNMENTS ROAD FUND CREATED--USES.--
|
0020| A. There is created in the state treasury the "local
|
0021| governments road fund" to be administered by the department.
|
0022| All income received from investment of the fund shall be
|
0023| credited to the fund. No money in the fund shall be used by the
|
0024| department to administer any program, and no entity receiving a
|
0025| distribution pursuant to a program requiring matching funds
|
0001| shall use another distribution made pursuant to this section to
|
0002| meet the match required.
|
0003| B. No more than five hundred thousand dollars
|
0004| ($500,000) annually from the local governments road fund shall
|
0005| be used by the department to purchase at fair market value, for
|
0006| municipalities and counties that can demonstrate financial
|
0007| hardship as determined by the department, automotive, major road
|
0008| and miscellaneous equipment that would otherwise be sold at
|
0009| auction by the department as unusable for department purposes.
|
0010| The department shall adopt rules setting the procedure to carry
|
0011| out the purposes of this subsection.
|
0012| C. Except for the amount in Subsection B of this
|
0013| section, money in the local governments road fund shall be
|
0014| distributed in the following amounts for the specified purposes:
|
0015| (1) forty-two percent for the cooperative
|
0016| agreements program, to be used solely for the cooperative
|
0017| agreements entered into pursuant to Section 67-3-28 NMSA 1978
|
0018| and in accordance with the match authorized pursuant to Section
|
0019| 67-3-32 NMSA 1978; provided, however, that distribution amounts
|
0020| made pursuant to this paragraph in each year shall be based on
|
0021| the following allocations:
|
0022| (a) thirty-three percent for agreements
|
0023| entered into with counties;
|
0024| (b) forty-nine percent for agreements
|
0025| entered into with municipalities;
|
0001| (c) fourteen percent for agreements
|
0002| entered into with school districts; and
|
0003| (d) four percent for agreements entered
|
0004| into with other entities;
|
0005| (2) sixteen percent for the municipal arterial
|
0006| program, to be used solely for the necessary project
|
0007| development, construction, reconstruction, improvement,
|
0008| maintenance, repair and right-of-way and material acquisition of
|
0009| and for those streets that are principal extensions of rural
|
0010| state highways and of other streets not on the state highway
|
0011| system but that qualify under the designated criteria
|
0012| established by the department. In entering into agreements with
|
0013| municipalities to provide funds for any project qualifying for
|
0014| the municipal arterial program, the department shall give
|
0015| preference to municipalities that contribute an amount equal to
|
0016| at least twenty-five percent of the project cost;
|
0017| (3) sixteen percent for school bus routes, to
|
0018| be used solely for cooperative agreements entered into pursuant
|
0019| to Section 67-3-28 NMSA 1978 and in accordance with the match
|
0020| authorized pursuant to Section 67-3-32 NMSA 1978 for acquiring
|
0021| rights of way and constructing, maintaining, repairing,
|
0022| improving and paving school bus routes and public school parking
|
0023| lots; and
|
0024| (4) twenty-six percent for the county arterial
|
0025| program, to be used for project development, construction,
|
0001| reconstruction, improvement, maintenance, repair and right-of-way and material acquisition of and for county roads for which
|
0002| individual counties have prioritized road projects. Prior to
|
0003| entering into any agreements for projects with the counties for
|
0004| the following fiscal year, in June of each year the department
|
0005| shall determine and certify the amount to which each county is
|
0006| entitled pursuant to the following schedule:
|
0007| Road Mileage Category Based on
|
0008| Number of Miles Maintained
|
0009| By a County: Entitlement to County:
|
0010| 400 miles or under $250 for each mile
|
0011| 401 to 800 miles $100,000 plus $200 for each
|
0012| mile over 400 miles
|
0013| 801 to 1,200 miles $180,000 plus $150 for each
|
0014| mile over 800 miles
|
0015| 1,201 to 1,600 miles $240,000 plus $100 for each
|
0016| mile over 1,200 miles
|
0017| Over 1,600 miles $300,000 plus $50 for each
|
0018| mile over 1,600 miles.
|
0019| If in any year there is an insufficient amount in the fund
|
0020| of the county arterial program to certify the total amount to
|
0021| which all counties are entitled, the department shall decrease
|
0022| the entitlement amount due to each county in the same proportion
|
0023| as the insufficiency is to the total entitlements to all
|
0024| counties. Distribution of an entitlement amount and an
|
0025| agreement entered into with a county for any of the purposes for
|
0001| which the money may be spent requires an amount from the county
|
0002| equal to at least twenty-five percent of the entitlement. Any
|
0003| uncommitted or unencumbered balance remaining in the county
|
0004| arterial program fund at the end of a fiscal year shall [be
|
0005| transferred to the cooperative agreement program specified in
|
0006| Paragraph (1) of this subsection] remain in the fund for
|
0007| additional funding of that program in the next fiscal year.
|
0008| D. The department may transfer funds from the state
|
0009| road fund to the local governments road fund to facilitate cash
|
0010| flow for the funding of these local governments road projects.
|
0011| The administrator of the local governments road fund shall
|
0012| reimburse the state road fund in a timely manner for any such
|
0013| transfers."
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| FORTY-SECOND LEGISLATURE
|
0020| SECOND SESSION, 1996
|
0021|
|
0022|
|
0023| JANUARY 30, 1996
|
0024|
|
0025| Mr. President:
|
0001|
|
0002| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0003|
|
0004| SENATE BILL 486
|
0005|
|
0006| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0007| TO CONSTITUTIONAL PROVISIONS, and thence referred to the INDIAN AND
|
0008| CULTURAL AFFAIRS COMMITTEE.
|
0009|
|
0010| Respectfully submitted,
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| __________________________________
|
0016| SENATOR MANNY M. ARAGON, Chairman
|
0017|
|
0018|
|
0019|
|
0020| Adopted_______________________ Not Adopted_______________________
|
0021| (Chief Clerk) (Chief Clerk)
|
0022|
|
0023|
|
0024| Date ________________________
|
0025|
|
0001|
|
0002|
|
0003| S0486CC1
|
0004|
|
0005| FORTY-SECOND LEGISLATURE
|
0006| SECOND SESSION, 1996
|
0007|
|
0008|
|
0009| February 1, 1996
|
0010|
|
0011| Mr. President:
|
0012|
|
0013| Your INDIAN & CULTURAL AFFAIRS COMMITTEE, to whom has
|
0014| been referred
|
0015|
|
0016| SENATE BILL 486
|
0017|
|
0018| has had it under consideration and reports same with recommendation that
|
0019| it DO PASS, and thence referred to the FINANCE COMMITTEE.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025| __________________________________
|
0001| John Pinto, Chairman
|
0002|
|
0003|
|
0004|
|
0005| Adopted_______________________ Not Adopted_______________________
|
0006| (Chief Clerk) (Chief Clerk)
|
0007|
|
0008|
|
0009|
|
0010| Date ________________________
|
0011|
|
0012|
|
0013| The roll call vote was 5 For 0 Against
|
0014| Yes: 5
|
0015| No: 0
|
0016| Excused: Maes, McKibben & Kysar
|
0017| Absent: None
|
0018|
|
0019|
|
0020| S0486IC1
|
0021|
|
0022|
|
0023| FORTY-SECOND LEGISLATURE
|
0024| SECOND SESSION, 1996
|
0025|
|
0001|
|
0002| February 8, 1996
|
0003|
|
0004| Mr. President:
|
0005|
|
0006| Your FINANCE COMMITTEE, to whom has been referred
|
0007|
|
0008| SENATE BILL 486
|
0009|
|
0010| has had it under consideration and reports same with recommendation that
|
0011| it DO PASS.
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017| __________________________________
|
0018| Ben D. Altamirano, Chairman
|
0019|
|
0020|
|
0021|
|
0022| Adopted_______________________ Not Adopted_______________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025|
|
0001|
|
0002| Date ________________________
|
0003|
|
0004|
|
0005| The roll call vote was 9 For 0 Against
|
0006| Yes: 9
|
0007| No: 0
|
0008| Excused: Fidel, Donisthorpe, Macias, Nava
|
0009| Absent: None
|
0010|
|
0011|
|
0012| S0486FC1
|
0013|
|