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