0001| SENATE BILL 1183
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| LEONARD TSOSIE
|
0005|
|
0006|
|
0007|
|
0008| FOR THE INDIAN AFFAIRS COMMITTEE
|
0009|
|
0010| AN ACT
|
0011| RELATING TO LAW ENFORCEMENT IN INDIAN COUNTRY; CREATING A FUND;
|
0012| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN
|
0013| APPROPRIATION.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. [NEW MATERIAL] INTERGOVERNMENTAL LAW
|
0017| ENFORCEMENT FUND--CREATED--ADMINISTRATION--DISTRIBUTION.--
|
0018| A. There is created in the state treasury the
|
0019| "intergovernmental law enforcement fund" to be administered by
|
0020| the local government division of the department of finance and
|
0021| administration.
|
0022| B. All balances in the fund are appropriated to the
|
0023| local government division for payment to tribal law enforcement
|
0024| departments whose enforcement jurisdiction is located in whole
|
0025| or in part within the state in exchange for enforcement of New
|
0001| Mexico law in Indian country on non-Indian misdemeanor
|
0002| offenders.
|
0003| C. Beginning July 1, 1997, and for each quarter
|
0004| thereafter, tribal law enforcement departments that wish to
|
0005| receive disbursements from the fund shall maintain records
|
0006| documenting the following activities in each quarter:
|
0007| (1) the officer-hours expended to enforce
|
0008| state law, including time spent in cooperation with state or
|
0009| local law enforcement agencies to provide court testimony or to
|
0010| investigate alleged misdemeanors perpetrated by non-Indians;
|
0011| and
|
0012| (2) the costs of calibrating equipment used to
|
0013| determine the concentration of alcohol in blood or breath or of
|
0014| maintaining or acquiring any equipment or supplies required by
|
0015| the state to be used to enforce state law above and beyond the
|
0016| equipment or supplies already used to enforce tribal law.
|
0017| D. Documentation maintained according to Subsection
|
0018| C of this section shall be submitted to the local government
|
0019| division within fifteen days following the last day of the
|
0020| quarter in which the activities occurred. The chief of the
|
0021| tribal law enforcement department compiling the documented data
|
0022| shall certify that the documented officer-hours and other
|
0023| charges are true and accurate. Disbursements shall be made by
|
0024| the division by the fifteenth day of the second month following
|
0025| the end of each quarter.
|
0001| E. To determine the distribution to a tribal law
|
0002| enforcement department from the fund for any quarter, the local
|
0003| government division shall:
|
0004| (1) determine for each tribal law enforcement
|
0005| department an individual total of costs expended by each tribal
|
0006| law enforcement department in calibrating equipment used to
|
0007| determine the concentration of alcohol in blood or breath or to
|
0008| maintain or acquire any equipment or supplies required by the
|
0009| state to be used to enforce state law, add the individual
|
0010| totals for all tribal law enforcement departments that
|
0011| submitted data to generate a composite total and deduct the
|
0012| composite total from the amount of money in the fund;
|
0013| (2) calculate the individual tribal law
|
0014| enforcement department percentage of the total officer-hours
|
0015| submitted by dividing the officer-hours submitted by a tribal
|
0016| law enforcement department by the total number of officer-hours
|
0017| submitted by all tribes and agencies of the bureau of Indian
|
0018| affairs and then multiply each tribal law enforcement
|
0019| department's percentage by the balance remaining in the fund
|
0020| after the composite total is deducted according to the
|
0021| provisions of Paragraph (1) of this subsection; and
|
0022| (3) add the amounts determined in Paragraphs
|
0023| (1) and (2) of this subsection for each tribal law enforcement
|
0024| department to determine the distribution to that tribe or
|
0025| agency for the quarter for which the data was submitted.
|
0001| F. Payments shall be made on vouchers issued and
|
0002| signed by the secretary of finance and administration.
|
0003| G. As used in this section:
|
0004| (1) "bureau of Indian affairs" means the
|
0005| bureau of Indian affairs of the federal department of the
|
0006| interior;
|
0007| (2) "fund" means the intergovernmental law
|
0008| enforcement fund;
|
0009| (3) "officer-hours" means the number of hours
|
0010| worked by tribal or bureau of Indian affairs agency law
|
0011| enforcement officers who are certified pursuant to the
|
0012| provisions of Section 29-1-11 NMSA 1978 or deputized by a
|
0013| county sheriff to enforce state law rounded to the closest
|
0014| quarter hour;
|
0015| (4) "tribal law enforcement department" means
|
0016| a bureau of Indian affairs agency or any subunit of a tribal
|
0017| government that enforces tribal or state laws and has officers
|
0018| that are certified New Mexico peace officers pursuant to
|
0019| Section 29-1-11 NMSA 1978 or officers that are deputized to
|
0020| enforce state law by a county sheriff; and
|
0021| (5) "tribe" means an Indian nation, tribe or
|
0022| pueblo located in whole or in part in New Mexico.
|
0023| Section 2. A new section of Chapter 12, Article 2 NMSA
|
0024| 1978 is enacted to read:
|
0025| "[NEW MATERIAL] DEFINITIONS.-- For statutory purposes
|
0001| the term "Indian country" means:
|
0002| A. all land within the limits of any reservation of
|
0003| an Indian nation, tribe or pueblo under the jurisdiction of the
|
0004| United States government, notwithstanding the issuance of any
|
0005| patent and including rights of way running through the
|
0006| reservation;
|
0007| B. all dependent Indian communities within the
|
0008| borders of New Mexico whether within the original or
|
0009| subsequently acquired territory;
|
0010| C. all Indian allotments, the Indian titles to
|
0011| which have not been extinguished, including rights of way
|
0012| running through the allotments; and
|
0013| D. any lands, title to which is either held by the
|
0014| United States in trust for the benefit of any Indian nation,
|
0015| tribe, pueblo or tribal member or is held by any Indian nation,
|
0016| tribe, pueblo or tribal member subject to a restriction by the
|
0017| United States against alienation."
|
0018| Section 3. Section 29-1-11 NMSA 1978 (being Laws 1972,
|
0019| Chapter 8, Section 1, as amended) is amended to read:
|
0020| "29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE
|
0021| OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO
|
0022| PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR
|
0023| COMMISSIONED PEACE OFFICERS.--
|
0024| A. All persons who are duly commissioned officers
|
0025| of the [police or sheriff's] law enforcement department of
|
0001| any New Mexico Indian nation, tribe or pueblo or who are law
|
0002| enforcement officers employed by the bureau of Indian affairs
|
0003| and are assigned in New Mexico are, when commissioned under
|
0004| Subsection B of this section, recognized and authorized to act
|
0005| as New Mexico peace officers. These officers have all the
|
0006| powers of New Mexico peace officers to enforce state laws in
|
0007| New Mexico, including [but not limited to] the power to make
|
0008| arrests for violation of state laws.
|
0009| B. The chief of the New Mexico state police is
|
0010| granted authority to issue commissions as New Mexico peace
|
0011| officers to members of the [police or sheriff's] law
|
0012| enforcement department of any New Mexico Indian nation,
|
0013| tribe or pueblo or a law enforcement officer employed by the
|
0014| bureau of Indian affairs to implement the provisions of this
|
0015| section. The procedures to be followed in the issuance and
|
0016| revocation of commissions and the respective rights and
|
0017| responsibilities of the departments shall be set forth in a
|
0018| written agreement to be executed between the chief of the New
|
0019| Mexico state police and the Indian nation, tribe or pueblo or
|
0020| the appropriate federal official.
|
0021| C. The agreement referred to in Subsection B of
|
0022| this section shall contain the following conditions:
|
0023| (1) [the] an Indian nation, tribe or pueblo
|
0024| [but not the bureau of Indian affairs] whose law enforcement
|
0025| officers are not subject to coverage by the Federal Tort Claims
|
0001| Act shall submit proof of adequate public liability and
|
0002| property damage insurance for vehicles operated by the peace
|
0003| officers and police professional liability insurance from a
|
0004| company licensed to sell insurance in the state;
|
0005| (2) each applicant for a commission shall
|
0006| successfully complete four hundred hours of basic police
|
0007| training that is approved by the director of the New Mexico law
|
0008| enforcement academy;
|
0009| (3) the chief of the New Mexico state police
|
0010| shall have the authority to suspend any commission granted
|
0011| pursuant to Subsection B of this section for reasons solely
|
0012| within his discretion;
|
0013| (4) if any provision of the agreement is
|
0014| violated by the Indian nation, tribe or pueblo or any of its
|
0015| agents, the chief of the New Mexico state police shall suspend
|
0016| the agreement on five days' notice, which suspension shall last
|
0017| until the chief is satisfied that the violation has been
|
0018| corrected and will not recur;
|
0019| (5) the goldenrod-colored officer's second
|
0020| copy of any citation issued pursuant to a commission authorized
|
0021| by this section shall be submitted within five days to the
|
0022| chief of the New Mexico state police;
|
0023| (6) any citation issued pursuant to a
|
0024| commission authorized by this section shall be to a magistrate
|
0025| court of New Mexico; except that any citations issued to
|
0001| Indians within the exterior boundaries of an Indian reservation
|
0002| shall be [cited into] to tribal court;
|
0003| (7) the agreement or any commission issued
|
0004| pursuant to it shall not confer any authority on a tribal court
|
0005| or other tribal authority which that court or authority would
|
0006| not otherwise have;
|
0007| (8) the authority conferred by any agreement
|
0008| entered into pursuant to the provisions of this section shall
|
0009| be coextensive with the exterior boundaries of the reservation;
|
0010| except that an officer commissioned under this section may
|
0011| proceed in hot pursuit of an offender beyond the exterior
|
0012| boundaries of the reservation, and the authority conferred in
|
0013| any written agreement between the chief of the New Mexico state
|
0014| police and the Navajo [tribe] nation may extend beyond the
|
0015| exterior boundaries of the Navajo reservation to and including
|
0016| the area [enclosed by the following description:
|
Beginning at a point where the southern boundary line of
|
the Navajo Indian reservation intersects the western
|
right-of-way line of US 666, and running thence; southerly
|
along the western right-of-way line of US 666 to the northerly
|
city limits of Gallup; thence, easterly along the northerly
|
city limits of Gallup to the northern side of the right-of-way
|
of I-40; thence, in an easterly direction along the northerly
|
side of the right-of-way of I-40 to the northerly limits of the
|
village of Prewitt; thence, in a straight line between the
|
northerly boundary of the village of Prewitt to the southerly
|
boundary of Ambrosia Lake; thence in a straight line between
|
the southerly boundary of Ambrosia Lake to the southerly
|
boundary of Hospah; thence, east along a straight line from the
|
southerly boundary of Hospah to the southern boundary of
|
Torreon; thence along the easterly side of the right-of-way of
|
state road 197 to the westerly city limits of Cuba; thence,
|
north along the westerly side of the right-of-way of state road
|
44 to the southerly boundary of the Jicarilla Apache Indian
|
reservation; thence, westerly along the southerly boundary of
|
the Jicarilla Apache Indian reservation to the southwest corner
|
of that reservation; thence, northerly along the westerly
|
boundary of the Jicarilla Apache Indian reservation to a point
|
where the westerly boundary of the reservation intersects the
|
southerly side of the right-of-way of state road 44; thence,
|
northerly along the southerly side of the right-of-way of state
|
road 44 to its intersection with the northerly side of the
|
right-of-way of Navajo road 3003; thence, along the northerly
|
side of the right-of-way of Navajo road 3003 to a point where
|
the northerly side of the right-of-way of Navajo road 3003
|
intersects the westerly side of the right-of-way line of state
|
road 371; thence, northerly along the west side of the
|
right-of-way of state road 371 to the southerly side of the
|
right-of-way of Navajo road 36; thence, westerly along the
|
southerly side of the right-of-way of Navajo road 36 to the
|
eastern border of the Navajo Indian reservation; thence, along
|
the eastern and southerly borders of the Navajo Indian
|
reservation to the point of beginning.
|
The municipalities of Cuba and Gallup and the villages of
|
Thoreau and Prewitt are excluded from the grant of authority
|
that may be conferred in any written agreement entered into
|
pursuant to provisions of this section; provided, however, any
|
written agreement may include under such grant of authority the
|
communities of Ambrosia Lake, Hospah, Torreon, Lybrook,
|
Nageezi, Counselors and Blanco Trading Post and those
|
communities commonly known as the Wingate community; the Navajo
|
Tribe blue water ranch area of the Thoreau community; the
|
Prewitt community, exclusive of the village of Prewitt; the
|
Haystack community; the Desidero community; the Sand Springs
|
community; the Rincon Marquis community; the Charley Jesus
|
Arviso and the Castillo community; and state road 264 beginning
|
at the point where it intersects US 666 and ending where state
|
road 264 intersects the Arizona-New Mexico state line]
|
0019| considered to be Indian country as designated in that
|
0020| agreement;
|
0021| (9) the chief of the New Mexico state police
|
0022| or his designee and the Indian nation, tribe or pueblo or the
|
0023| appropriate federal official shall be required to meet at least
|
0024| quarterly or more frequently at the call of the chief of the
|
0025| New Mexico state police to discuss the status of the agreement
|
0001| and invite other law enforcement or other officials to attend
|
0002| as necessary; and
|
0003| (10) as consideration for law enforcement
|
0004| services rendered for the state by [tribal or pueblo police]
|
0005| law enforcement officers of an Indian nation, tribe or
|
0006| pueblo or the bureau of Indian affairs who are commissioned
|
0007| peace officers pursuant to this section, each Indian nation,
|
0008| tribe or pueblo or bureau of Indian affairs agency shall
|
0009| receive from the law enforcement protection fund three hundred
|
0010| dollars ($300) for each commissioned [peace] law
|
0011| enforcement officer of the Indian nation, tribe or pueblo or
|
0012| the bureau of Indian affairs agency [in the tribe or
|
pueblo]. To be counted as a commissioned peace officer for
|
0014| the purposes of this paragraph, a commissioned peace officer
|
0015| shall have been assigned to duty and have worked in New Mexico
|
0016| [for no fewer than two hundred days in the calendar year
|
immediately prior to the date of payment]. Payments shall be
|
0018| made for only those divisions of the [tribal or pueblo
|
police] law enforcement departments of an Indian nation,
|
0020| tribe or pueblo that perform services in New Mexico. [No
|
Indian nation, tribe or pueblo police department shall be
|
eligible for any disbursement under the fund if officers of
|
that department cite non-Indians into the court of that Indian
|
nation, tribe or pueblo. This eligibility requirement would
|
apply to either civil or criminal citations issued by an Indian
|
nation, tribe or pueblo police department.]
|
0002| D. Nothing in this section impairs or affects the
|
0003| existing status and sovereignty of Indian nations, tribes
|
0004| [and] or pueblos [of Indians] as established under the
|
0005| laws of the United States.
|
0006| E. All persons who are duly commissioned federal
|
0007| law enforcement officers employed by the federal bureau of
|
0008| investigation; drug enforcement administration; bureau of
|
0009| alcohol, tobacco and firearms; United States secret service;
|
0010| United States customs service; immigration and naturalization
|
0011| service; United States marshals service; postal inspection
|
0012| service; and other appropriate federal officers whose primary
|
0013| duty is law enforcement related, as designated by the chief of
|
0014| the New Mexico state police upon a recommendation by a county
|
0015| sheriff, who are assigned in New Mexico, are recognized and
|
0016| authorized to act as New Mexico peace officers and have all the
|
0017| powers of New Mexico peace officers to enforce state laws in
|
0018| New Mexico, including the power to make arrests for violation
|
0019| of state laws. This subsection shall not be construed to
|
0020| impose liability upon or to require indemnification by the
|
0021| state for any act performed by a federal law enforcement
|
0022| officer pursuant to this subsection."
|
0023| Section 4. Section 41-4-3 NMSA 1978 (being Laws 1976,
|
0024| Chapter 58, Section 3, as amended) is amended to read:
|
0025| "41-4-3. DEFINITIONS.--As used in the Tort Claims Act:
|
0001| A. "board" means the risk management advisory
|
0002| board;
|
0003| B. "governmental entity" means the state or any
|
0004| local public body [as defined in Subsections C and H of this
|
section];
|
0006| C. "local public body" means all political
|
0007| subdivisions of the state and their agencies, instrumentalities
|
0008| and institutions and all water and natural gas associations
|
0009| organized pursuant to Chapter 3, Article 28 NMSA 1978;
|
0010| D. "law enforcement officer" means any full-time
|
0011| salaried public employee of a governmental entity whose
|
0012| principal duties under law are to hold in custody any person
|
0013| accused of a criminal offense, to maintain public order or to
|
0014| make arrests for crimes, [or] members of the national guard
|
0015| when called to active duty by the governor or New Mexico peace
|
0016| officers commissioned pursuant to Section 29-1-11 NMSA 1978 or
|
0017| deputized by a county sheriff to enforce state law;
|
0018| E. "maintenance" does not include:
|
0019| (1) conduct involved in the issuance of a
|
0020| permit, driver's license or other official authorization to use
|
0021| the roads or highways of the state in a particular manner; or
|
0022| (2) an activity or event relating to a public
|
0023| building or public housing project that was not foreseeable;
|
0024| F. "public employee" means any officer, employee or
|
0025| servant of a governmental entity, excluding independent
|
0001| contractors except for individuals defined in Paragraphs (7),
|
0002| (8), (10) and (14) of this subsection, or of a corporation
|
0003| organized pursuant to the Educational Assistance Act or the
|
0004| Mortgage Finance Authority Act and including:
|
0005| (1) elected or appointed officials;
|
0006| (2) law enforcement officers;
|
0007| (3) persons acting on behalf or in service of
|
0008| a governmental entity in any official capacity, whether with or
|
0009| without compensation;
|
0010| (4) licensed foster parents providing care for
|
0011| children in the custody of the human services department,
|
0012| corrections department or department of health, but not
|
0013| including foster parents certified by a licensed child
|
0014| placement agency;
|
0015| (5) members of state or local selection panels
|
0016| established pursuant to the Adult Community Corrections Act;
|
0017| (6) members of state or local selection panels
|
0018| established pursuant to the Juvenile Community Corrections Act;
|
0019| (7) licensed medical, psychological or dental
|
0020| arts practitioners providing services to the corrections
|
0021| department pursuant to contract;
|
0022| (8) members of the board of directors of the
|
0023| New Mexico comprehensive health insurance pool;
|
0024| (9) individuals who are members of medical
|
0025| review boards, committees or panels established by the
|
0001| educational retirement board or the retirement board of the
|
0002| public employees retirement association;
|
0003| (10) licensed medical, psychological or dental
|
0004| arts practitioners providing services to the children, youth
|
0005| and families department pursuant to contract;
|
0006| (11) members of the board of directors of the
|
0007| New Mexico educational assistance foundation;
|
0008| (12) members of the board of directors of the
|
0009| New Mexico student loan corporation;
|
0010| (13) members of the New Mexico mortgage
|
0011| finance authority; and
|
0012| (14) volunteers, employees and board members
|
0013| of court-appointed special advocate programs;
|
0014| G. "scope of duties" means performing any duties
|
0015| that a public employee is requested, required or authorized to
|
0016| perform by the governmental entity, regardless of the time and
|
0017| place of performance; and
|
0018| H. "state" or "state agency" means the state of New
|
0019| Mexico or any of its branches, agencies, departments,
|
0020| boards, instrumentalities or institutions."
|
0021| Section 5. Section 66-6-2 NMSA 1978 (being Laws 1978,
|
0022| Chapter 35, Section 337, as amended) is amended to read:
|
0023| "66-6-2. PASSENGER VEHICLES--REGISTRATION FEES.--For
|
0024| registration of each motor vehicle other than motorcycles,
|
0025| trucks, buses and tractors, the division shall collect the
|
0001| following fees for a twelve-month registration period:
|
0002| A. for a vehicle whose gross factory shipping
|
0003| weight is not more than two thousand pounds, [twenty dollars
|
($20.00)] twenty-one dollars ($21.00); provided, however,
|
0005| that after five years of registration, calculated from the date
|
0006| when the vehicle was first registered in this or another state,
|
0007| the fee is [sixteen dollars ($16.00)] seventeen dollars
|
0008| ($17.00);
|
0009| B. for a vehicle whose gross factory shipping
|
0010| weight is more than two thousand but not more than three
|
0011| thousand pounds, [twenty-nine dollars ($29.00)] thirty
|
0012| dollars ($30.00); provided, however, that after five years of
|
0013| registration, calculated from the date when the vehicle was
|
0014| first registered in this or another state, the fee is
|
0015| [twenty-three dollars ($23.00)] twenty-four dollars
|
0016| ($24.00);
|
0017| C. for a vehicle whose gross factory shipping
|
0018| weight is more than three thousand pounds, [forty-two dollars
|
($42.00)] forty-three dollars ($43.00); provided, however,
|
0020| that after five years of registration, calculated from the date
|
0021| when the vehicle was first registered in this or another state,
|
0022| the fee is [thirty-four dollars ($34.00)] thirty-five
|
0023| dollars ($35.00); and
|
0024| D. beginning July 1, 1994, for each vehicle
|
0025| registered pursuant to the provisions of this section, a tire
|
0001| recycling fee of one dollar ($1.00) for a twelve-month
|
0002| registration period."
|
0003| Section 6. Section 66-6-23 NMSA 1978 (being Laws 1978,
|
0004| Chapter 35, Section 358, as amended) is amended to read:
|
0005| "66-6-23. DISPOSITION OF FEES.--
|
0006| A. After the necessary disbursements for refunds
|
0007| and other purposes have been made, the money remaining, except
|
0008| for remittances received within the previous two months that
|
0009| are unidentified as to source or disposition, shall be
|
0010| distributed as follows:
|
0011| (1) to each municipality, county or fee agent
|
0012| operating a motor vehicle field office, an amount equal to six
|
0013| dollars ($6.00) per driver's license and three dollars ($3.00)
|
0014| per identification card, registration or title transaction
|
0015| performed;
|
0016| (2) to each municipality or county, other than
|
0017| a class A county with a population in excess of three hundred
|
0018| thousand or a municipality with a population in excess of three
|
0019| hundred thousand within a class A county, operating a motor
|
0020| vehicle field office, an amount equal to fifty cents ($.50) for
|
0021| each administrative service fee remitted by that county or
|
0022| municipality to the department pursuant to the provisions of
|
0023| Section 66-2-16 NMSA 1978;
|
0024| (3) to the state road fund:
|
0025| (a) an amount equal to one-half of each
|
0001| fee received from motorcycle endorsements; and
|
0002| (b) the remainder of each driver's
|
0003| license fee collected by the department employees from an
|
0004| applicant to whom a license is granted after deducting from the
|
0005| driver's license fee the amount of the distribution authorized
|
0006| in Paragraph (1) of this subsection with respect to that
|
0007| collected driver's license fee;
|
0008| (4) to the local governments road fund, the
|
0009| amount of the fees provided for in Subsection A of Section
|
0010| 66-5-408 NMSA 1978;
|
0011| (5) to the division:
|
0012| (a) an amount equal to one-half of each
|
0013| fee received from motorcycle endorsements;
|
0014| (b) an amount equal to two dollars
|
0015| ($2.00) of each motorcycle registration fee collected pursuant
|
0016| to Section 66-6-1 NMSA 1978; and
|
0017| (c) an amount equal to the fees provided
|
0018| for in Subsection C of Section 66-5-44 NMSA 1978 and Subsection
|
0019| B of Section 66-5-408 NMSA 1978;
|
0020| (6) to the state equalization guarantee
|
0021| distribution made annually pursuant to the general
|
0022| appropriation act, an amount equal to one hundred percent of
|
0023| the driver safety fee collected pursuant to Section 66-5-44
|
0024| NMSA 1978;
|
0025| (7) to the rubberized asphalt fund, forty-five
|
0001| percent of all tire recycling fees collected pursuant to the
|
0002| provisions of Sections 66-6-1, 66-6-2, 66-6-4, 66-6-5 and
|
0003| 66-6-8 NMSA 1978; [and]
|
0004| (8) to the tire recycling fund, the amount
|
0005| remaining, after distributions pursuant to Paragraph (7) of
|
0006| this subsection have been made to the rubberized asphalt fund,
|
0007| from all annual tire recycling fees collected pursuant to the
|
0008| provisions of Sections 66-6-1, 66-6-2, 66-6-4, 66-6-5 and
|
0009| 66-6-8 NMSA 1978; and
|
0010| (9) to the intergovernmental law enforcement
|
0011| fund, an amount equal to one dollar ($1.00) of each vehicle
|
0012| registration fee paid pursuant to Section 66-6-2 NMSA 1978.
|
0013| B. The balance, exclusive of unidentified
|
0014| remittances, after having been reduced by the distributions
|
0015| required by Subsection A of this section, shall be further
|
0016| reduced by a distribution of forty-three percent of the balance
|
0017| to the state road fund, and the remainder of the balance shall
|
0018| be transferred or distributed by the state treasurer on or
|
0019| before the last day of the month next after its receipt, as
|
0020| follows:
|
0021| (1) forty-one and three-tenths percent shall
|
0022| be distributed to the state road fund;
|
0023| (2) seventeen and six-tenths percent shall be
|
0024| transferred to each county in the proportion, determined by the
|
0025| department in accordance with Subsection C of this section,
|
0001| that the registration fees for vehicles in that county are to
|
0002| the total registration fees for vehicles in all counties;
|
0003| (3) seventeen and six-tenths percent shall be
|
0004| transferred to the counties, each county receiving an amount
|
0005| equal to the proportion, determined by the secretary of highway
|
0006| and transportation in accordance with Subsection E of this
|
0007| section, that the mileage of public roads maintained by the
|
0008| county is to the total mileage of public roads maintained by
|
0009| all counties of the state. Amounts distributed to each county
|
0010| in accordance with this paragraph shall be credited to the
|
0011| respective county road fund and be used for the improvement and
|
0012| maintenance of the public roads in the county and to pay for
|
0013| the acquisition of rights of way and material pits. For this
|
0014| purpose, the board of county commissioners of each of the
|
0015| respective counties shall certify by April 1 of each year to
|
0016| the secretary of highway and transportation the total mileage
|
0017| as of April 1 of that year; provided that in their report, the
|
0018| boards of county commissioners shall identify each of the
|
0019| public roads maintained by them by name, route and location.
|
0020| By agreement and in cooperation with the state highway and
|
0021| transportation department, the boards of county commissioners
|
0022| of the various counties may use or designate any of the funds
|
0023| provided in this paragraph for any federal aid program;
|
0024| (4) nine and four-tenths percent shall be
|
0025| allocated among the counties in the proportion, determined by
|
0001| the department in accordance with Subsection C of this section,
|
0002| that the registration fees for vehicles in that county are to
|
0003| the total registration fees for vehicles in all counties. The
|
0004| amount allocated to each county shall be transferred to the
|
0005| incorporated municipalities within the county in the
|
0006| proportion, determined by the department of finance and
|
0007| administration in accordance with Subsection C of this section,
|
0008| that the sum of net taxable value, as that term is defined in
|
0009| the Property Tax Code, plus the assessed value, as that term is
|
0010| used in the Oil and Gas Ad Valorem Production Tax Act and in
|
0011| the Oil and Gas Production Equipment Ad Valorem Tax Act,
|
0012| determined for the incorporated municipality is to the sum of
|
0013| net taxable value plus assessed value determined for all
|
0014| incorporated municipalities within the county. Amounts
|
0015| transferred to incorporated municipalities under the provisions
|
0016| of this paragraph shall be used for the construction,
|
0017| maintenance and repair of streets within the municipality and
|
0018| for payment of paving assessments against property owned by
|
0019| federal, county or municipal governments. In any county in
|
0020| which there are no incorporated municipalities, the amount
|
0021| allocated under this paragraph shall be transferred to the
|
0022| county road fund and used in accordance with the provisions of
|
0023| Paragraph (3) of this subsection; and
|
0024| (5) fourteen and one-tenth percent shall be
|
0025| allocated among the counties in the proportion, determined by
|
0001| the department in accordance with Subsection C of this section,
|
0002| that the registration fees for vehicles in that county are to
|
0003| the total registration fees for vehicles in all counties. The
|
0004| amount allocated to each county shall be transferred to the
|
0005| county and incorporated municipalities within the county in the
|
0006| proportion, determined by the department of finance and
|
0007| administration in accordance with Subsection C of this section,
|
0008| that the computed taxes due for the county and each
|
0009| incorporated municipality within the county bear to the total
|
0010| computed taxes due for the county and incorporated
|
0011| municipalities within the county. For the purposes of this
|
0012| paragraph, the term "computed taxes due" for any jurisdiction
|
0013| means the sum of the net taxable value, as that term is defined
|
0014| in the Property Tax Code, plus the assessed value, as that term
|
0015| is used in the Oil and Gas Ad Valorem Production Tax Act and in
|
0016| the Oil and Gas Production Equipment Ad Valorem Tax Act, for
|
0017| that jurisdiction multiplied by an average of the rates for
|
0018| residential and nonresidential property imposed for that
|
0019| jurisdiction pursuant to Subsection B of Section 7-37-7 NMSA
|
0020| 1978.
|
0021| C. To carry out the provisions of this section,
|
0022| during the month of June of each year:
|
0023| (1) the department shall determine and certify
|
0024| to the department of finance and administration the proportions
|
0025| which the department is required to determine by Subsection B
|
0001| of this section using information for the preceding calendar
|
0002| year on the number of vehicles registered in each county based
|
0003| on the address of the owner or place where the vehicle is
|
0004| principally located, the registration fees for the vehicles
|
0005| registered in each county, the total number of vehicles
|
0006| registered in the state and the total registration fees for all
|
0007| vehicles registered in the state; and
|
0008| (2) the department of finance and
|
0009| administration shall determine the proportions that the
|
0010| department of finance and administration is required to
|
0011| determine by Subsection B of this section based upon the net
|
0012| taxable value, as that term is defined in the Property Tax
|
0013| Code, and assessed value, as that term is used in the Oil and
|
0014| Gas Ad Valorem Production Tax Act and the Oil and Gas
|
0015| Production Equipment Ad Valorem Tax Act, for the preceding tax
|
0016| year and the tax rates imposed pursuant to Subsection B of
|
0017| Section 7-37-7 NMSA 1978 in the preceding September.
|
0018| D. By June 30 of each year, the department of
|
0019| finance and administration shall determine the appropriate
|
0020| percentage of money to be transferred to each county and
|
0021| municipality for each purpose in accordance with Subsection A
|
0022| of this section based upon the proportions determined by or
|
0023| certified to the department of finance and administration. The
|
0024| percentages determined shall be used to compute the amounts to
|
0025| be transferred to the counties and municipalities during the
|
0001| succeeding fiscal year.
|
0002| E. The board of county commissioners of each of the
|
0003| respective counties shall, by April 1 of every year, certify
|
0004| reports to the secretary of highway and transportation of the
|
0005| total mileage of public roads maintained by each county as of
|
0006| April 1 of every year; provided that in their reports, the
|
0007| boards of county commissioners shall identify each of the
|
0008| public roads maintained by them by name, route and location.
|
0009| By July 1 of every year, the secretary of highway and
|
0010| transportation shall verify the reports of the counties and
|
0011| revise, if necessary, the total mileage of public roads
|
0012| maintained by each county and the mileage verified by the
|
0013| secretary of highway and transportation shall be the official
|
0014| mileage of public roads maintained by each county.
|
0015| Distribution of amounts to any county for road purposes shall
|
0016| be made in accordance with this section.
|
0017| F. If a county has not made the required mileage
|
0018| certification pursuant to Section 67-3-28.3 NMSA 1978 by April
|
0019| 1 of any year, the secretary of highway and transportation
|
0020| shall estimate the mileage maintained by those counties for the
|
0021| purpose of making distribution to all counties, and the amount
|
0022| calculated to be distributed each month to those counties not
|
0023| certifying mileage shall be reduced by one-third each month for
|
0024| that fiscal year and that amount not distributed to those
|
0025| counties shall be distributed equally to all counties that have
|
0001| certified mileages.
|
0002| G. The secretary shall review, at the end of each
|
0003| fiscal year, the aggregate total of motor vehicle transactions
|
0004| performed by each municipality, county or fee agent operating a
|
0005| motor vehicle field office, and for each office exceeding ten
|
0006| thousand aggregate transactions per year, that municipality,
|
0007| county or fee agent shall be paid an additional one dollar
|
0008| ($1.00) per identification card, driver's license, registration
|
0009| or title transaction performed during the next fiscal year."
|
0010| Section 7. EFFECTIVE DATE.--The effective date of the
|
0011| provisions of this act is July 1, 1997.
|
0012|
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997
|
0016|
|
0017|
|
0018| March 4, 1997
|
0019|
|
0020| Mr. President:
|
0021|
|
0022| Your INDIAN & CULTURAL AFFAIRS COMMITTEE, to whom
|
0023| has been referred
|
0024|
|
0025| SENATE BILL 1183
|
0001|
|
0002| has had it under consideration and reports same with
|
0003| recommendation that it DO PASS, and thence referred to the
|
0004| JUDICIARY COMMITTEE.
|
0005|
|
0006| Respectfully submitted,
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| __________________________________
|
0012| John Pinto, Chairman
|
0013|
|
0014|
|
0015|
|
0016| Adopted_______________________ Not
|
0017| Adopted_______________________
|
0018| (Chief Clerk) (Chief Clerk)
|
0019|
|
0020|
|
0021| Date ________________________
|
0022|
|
0023|
|
0024| The roll call vote was 6 For 0 Against
|
0025| Yes: 6
|
0001| No: 0
|
0002| Excused: Davis, Maes, Rawson
|
0003| Absent: None
|
0004|
|
0005|
|
0006| S1183IC1
|
0007|
|
0008|
|
0009|
|
0010| FORTY-THIRD LEGISLATURE
|
0011| FIRST SESSION, 1997
|
0012|
|
0013|
|
0014| March 15, 1997
|
0015|
|
0016| Mr. President:
|
0017|
|
0018| Your FINANCE COMMITTEE, to whom has been referred
|
0019|
|
0020| SENATE JUDICIARY COMMITTEE SUBSTITUTE
|
0021| FOR SENATE BILL 1183
|
0022|
|
0023| has had it under consideration and reports same with
|
0024| recommendation that it DO PASS.
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| __________________________________
|
0007| Ben D. Altamirano, Chairman
|
0008|
|
0009|
|
0010|
|
0011| Adopted_______________________ Not
|
0012| Adopted_______________________
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015|
|
0016|
|
0017| Date ________________________
|
0018|
|
0019|
|
0020| The roll call vote was 6 For 0 Against
|
0021| Yes: 6
|
0022| No: None
|
0023| Excused: Carraro, Ingle, Lyons, McKibben, Smith
|
0024| Absent: None
|
0025|
|
0001|
|
0002| S1183FC1
|