NMSA 1978, § 7-1-6.9 — 7-1-6.9

Distribution of gasoline taxes to municipalities and
counties.

# A.

A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made in an
amount, subject to any increase or decrease made pursuant to Section 7-1-6.15 NMSA
1978, equal to ten and thirty-eight hundredths percent of the net receipts attributable to
the taxes, exclusive of penalties and interest, imposed by the Gasoline Tax Act [Chapter
7, Article 13 NMSA 1978].

# B.

The amount determined in Subsection A of this section shall be distributed as
follows:
(1) ninety percent of the amount shall be paid to the treasurers of
municipalities and H class counties in the proportion that the taxable motor fuel sales in
each of the municipalities and H class counties bears to the aggregate taxable motor
fuel sales in all of these municipalities and H class counties; and
(2) ten percent of the amount shall be paid to the treasurers of the counties,
including H class counties, in the proportion that the taxable motor fuel sales outside of
incorporated municipalities in each of the counties bears to the aggregate taxable motor
fuel sales outside of incorporated municipalities in all of the counties.

# C.

Except as provided in Subsection D of this section, this distribution shall be paid
into a separate road fund in the municipal treasury or county road fund for expenditure
only for construction, reconstruction, resurfacing or other improvement or maintenance
of public roads, streets, alleys or bridges, including right-of-way and materials
acquisition. Money distributed pursuant to this section may be used by a municipality or
county to provide matching funds for projects subject to cooperative agreements
entered into with the department of transportation pursuant to Section 67-3-28 NMSA
1978. Any municipality or H class county that has created or that creates a "street
improvement fund" to which gasoline tax revenues or distributions are irrevocably
pledged under Sections 3-34-1 through 3-34-4 NMSA 1978 or that has pledged all or a
portion of gasoline tax revenues or distributions to the payment of bonds shall receive
its proportion of the distribution of revenues under this section impressed with and
subject to these pledges.

# D.

This distribution may be paid into a separate road fund or the general fund of the
municipality or county if the municipality has a population less than three thousand or
the county has a population less than four thousand.