February 26, 1999
Mr. Speaker:
Your TAXATION AND REVENUE COMMITTEE, to whom has been referred
HOUSE BILL 750
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. On page 1, line 11, strike "MUNICIPALITIES" and insert in lieu thereof "TAXATION; AMENDING THE COUNTY AND MUNICIPAL GASOLINE TAX ACT".
2. On page 1, line 11, after "TAX" insert "FOR NON-TRANSIT ROUTE ROAD PROJECTS AND".
3. On page 1, line 12, before "MUNICIPAL" insert "COUNTY OR".
4. On page 1, between lines 14 and 15, insert the following new section:
"Section 1. Section 7-24A-3 NMSA 1978 (being Laws 1978, Chapter 182, Section 3, as amended) is amended to read:
"7-24A-3. USE OF PROCEEDS.--
A. The proceeds of [the] a county or municipal gasoline
tax shall be used for bridge and road projects [on transit routes]
or public transportation related trails and for expenses of
purchasing, maintaining and operating transit operations and
facilities, for the operation of a transit authority established
by the Municipal Transit Law or as provided in the County and
Municipal Gasoline Tax Act, for operation of a vehicle emission
inspection program or for road, street or highway construction,
repair or maintenance [on transit routes] in the county or
municipality. The proceeds of a county or municipal gasoline tax
may be pledged for the payment of bonds issued pursuant to the
County and Municipal Gasoline Tax Act. A county or municipality
may engage in the business of transportation of passengers and
property within the political subdivision by whatever means it may
decide and may acquire cars, motor buses and other equipment
necessary for carrying on the business. It may acquire land and
erect buildings and equip them with all necessary machinery and
facilities for operation, maintenance, modification, repair and
storage of any buses, cars, trucks or other equipment needed. It
may do all things necessary for the acquisition and conduct of the
business of public transportation.
B. [The] A governing body may enact ordinances and
resolutions and promulgate rules [and regulations] as it may deem
necessary and proper for the conduct of the business of
transportation and for fixing and collecting all fares, rates and
charges for services rendered.
C. Any county or municipality engaging in the business of transportation may extend any system of transportation to points outside its boundaries where necessary and incidental to furnishing efficient transportation to points within the county or municipality.
D. [The] A governing body may lease any system of
transportation in whole or in part to any person who will contract
to operate it according to the rules, time tables and other
requirements established by the governing body.
E. Any county or municipality may furnish transportation service to areas located outside its boundaries, provided that prior contracts have been entered into with the county or municipality in which the areas are located covering the schedules, rates, service and other pertinent matters before initiation of such service.
F. The power of eminent domain is granted to a participating county or municipality for the purpose of acquiring lands and buildings necessary to provide efficient public transit or a vehicle emission inspection program to be exercised in the manner provided by law.
G. [The] A county or municipality, as an operating
entity, may enter into contracts for special transportation
service, charter buses, advertising and any other function that a
private enterprise operating a public transit facility could do or
perform for revenue.
H. [The] A governing body may spend any public funds to
pay the costs of operation of public transit or a vehicle emission
inspection program if revenues of the system prove to be
insufficient.
I. A county or municipality is authorized to enter into
binding agreements with the United States or any of its officers
or agencies or the state or any of its officers or agencies or any
combination of agencies, departments or officers of both the
United States and the state [of New Mexico] for planning,
developing, modernizing, studying, improving, financing, operating
or otherwise affecting public transit; to accept any loans, grants
or payments from any of these agencies; and to make any
commitments or assume any obligations required by any of these
agencies as a condition of receiving the benefits thereof."".
5. Renumber the succeeding sections accordingly.
6. On page 1, line 23, strike "on transit routes".
7. On page 1, line 24, strike "both" and insert in lieu thereof "any".
8. On page 2, line 20, before "gasoline" insert "county or municipal".
9. On page 2, line 21, after "any" insert "one or a".
Respectfully submitted,
Jerry W. Sandel, Chairman
Adopted Not Adopted
(Chief Clerk) (Chief Clerk)
The roll call vote was 11 For 0 Against
Yes: 11
Excused: Gubbels, Lujan, Sandel
Absent: Hawkins
.128318.1
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