us-nm/stat
NMSA 1978, § 7-1-6.27 — Distribution; municipal roads
A.
A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to
municipalities for the purposes and amounts specified in this section in an aggregate
amount, subject to any increase or decrease made pursuant to Section 7-1-6.15 NMSA
1978, equal to five and seventy-six hundredths percent of the net receipts attributable to
the gasoline tax.
B.
The distribution authorized in this section shall be used for the following
purposes:
(1) reconstructing, resurfacing, maintaining, repairing or otherwise improving
existing alleys, streets, roads or bridges, or any combination of the foregoing; or laying
off, opening, constructing or otherwise acquiring new alleys, streets, roads or bridges, or
any combination of the foregoing; provided that any of the foregoing improvements may
include, but are not limited to, the acquisition of rights of way;
(2) to provide matching funds for projects subject to cooperative agreements
with the department of transportation pursuant to Section 67-3-28 NMSA 1978; and
(3) for expenses of purchasing, maintaining and operating transit operations
and facilities, for the operation of a transit authority established by the Municipal Transit
Law [3-52-1 through 3-52-13 NMSA 1978] and for the operation of a vehicle emission
inspection program. A municipality may engage in the business of the transportation of
passengers and property within the political subdivision by whatever means the
municipality may decide and may acquire cars, trucks, motor buses and other
equipment necessary for operating the business. A municipality may acquire land, erect
buildings and equip the buildings with all the necessary machinery and facilities for the
operation, maintenance, modification, repair and storage of the cars, trucks, motor
buses and other equipment needed. A municipality may do all things necessary for the
acquisition and the conduct of the business of public transportation.
C.
For the purposes of this section:
(1) "computed distribution amount" means the distribution amount calculated
for a municipality for a month pursuant to Paragraph (2) of Subsection D of this section
prior to any adjustments to the amount due to the provisions of Subsections E and F of
this section;
(2) "floor amount" means four hundred seventeen dollars ($417);
(3) "floor municipality" means a municipality whose computed distribution
amount is less than the floor amount; and
(4) "full distribution municipality" means a municipality whose population at
the last federal decennial census was at least two hundred thousand.
D.
Subject to the provisions of Subsections E and F of this section, each
municipality shall be distributed a portion of the aggregate amount distributable under
this section in an amount equal to the greater of:
(1) the floor amount; or
(2) eighty-five percent of the aggregate amount distributable under this
section times a fraction, the numerator of which is the municipality's reported taxable
gallons of gasoline for the immediately preceding state fiscal year and the denominator
of which is the reported total taxable gallons for all municipalities for the same period.
E.
Fifteen percent of the aggregate amount distributable under this section shall be
referred to as the "redistribution amount". Beginning in August 1990, and each month
thereafter, from the redistribution amount there shall be taken an amount sufficient to
increase the computed distribution amount of every floor municipality to the floor
amount. In the event that the redistribution amount is insufficient for this purpose, the
computed distribution amount for each floor municipality shall be increased by an
amount equal to the redistribution amount times a fraction, the numerator of which is the
difference between the floor amount and the municipality's computed distribution
amount and the denominator of which is the difference between the product of the floor
amount multiplied by the number of floor municipalities and the total of the computed
distribution amounts for all floor municipalities.
F.
If a balance remains after the redistribution amount has been reduced pursuant
to Subsection E of this section, there shall be added to the computed distribution
amount of each municipality that is neither a full distribution municipality nor a floor
municipality an amount that equals the balance of the redistribution amount times a
fraction, the numerator of which is the computed distribution amount of the municipality
and the denominator of which is the sum of the computed distribution amounts of all
municipalities that are neither full distribution municipalities nor floor municipalities.
Source: official text