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 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 state highway and transportation department 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 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.

History: 1978 Comp., § 7-1-6.27, enacted by Laws 1991, ch. 9, § 20; 1992, ch. 55, § 6; 1993, ch. 357, § 6; 1994, ch. 5, § 11; 1995, ch. 6, § 7; 1999, ch. 212, § 3.

Repeals and reenactments. — Laws 1991, ch. 9, § 20 repealed former 7-1-6.27 NMSA 1978, as amended by Laws 1991, ch. 9, § 19 and enacted a new section, effective July 1, 1992.

Compiler's notes. — Subsection A of Laws 1995, ch. 6, § 20 repealed 7-1-6.27 NMSA 1978, as enacted by Laws 1994, ch. 5, § 12, relating to distributions to municipalities for municipal roads and which was to become effective August 1, 1997, effective June 16, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.

The 1999 amendment, effective August 1, 1999, in Subsection B added Paragraph (2), made a related stylistic change, and redesignated former Paragraph (2) as Paragraph (3).

The 1995 amendment, effective August 1, 1995, substituted "five and seventy-six hundredths percent" for "four and nine tenth percents" in Subsection A.

The 1994 amendment, effective August 1, 1994, substituted "four and nine-tenths" for "four and forty-six hundredths" in Subsection A and "amount distributable under this section" for "six and thirteen-hundredths percent of the net receipts attributable to the gasoline tax" in the introductory language of Subsection D, and deleted the former second sentence in Subsection E, relating to the 1989-1990 period.

The 1993 amendment, effective August 1, 1993, substituted "four and forty-six hundredths percent" for "six and thirteen hundredths percent" in Subsection A.

The 1992 amendment, effective July 1, 1992, substituted "thirteen-hundredths percent" for "twenty-five one hundredths percent" in the introductory paragraph of Subsection D and made minor stylistic changes in Subsection F.