SB 114: LOCAL GOV’T SPECIAL FUELS TAXES

An Act Relating To Taxation; Authorizing A Municipality Or County To Impose A Tax On Special Fuel; Repealing A Section Of The Nmsa 1978.

Add to My Bills

MILD SB 114
LOCAL GOV’T SPECIAL FUELS TAXES

Legislative URL:

SB 114 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

Vetoed

Action:

SPREF [3] SCORC/SFC-SCORC [9] DP-SFC [15] DP/a [23] PASSED/S (25-16) [25] HTPWC/HWMC-HTPWC [34] DP-HWMC [44] DP [46] PASSED/H (59-2) VETO.

Issue(s):

Transportation

Related Legislators

Bill Sponsor:

Ron Griggs

Related Documents

Downloads:

Introduced
SCORC Committee Report
SFC Committee Report
Final Senate Vote
HTPWC Committee Report
HTPWC Committee Report
Final House Vote
Fiscal Impact Report
LESC Analysis
Final Version
Governor's Message

Summary

This bill, for the interim Transportation Infrastructure Revenue Subcommittee, authorizes a municipality or county to impose a tax on special fuel.

The bill renames the “County and Municipal Gasoline Tax Act” as the “County and Municipal Gasoline and Special Fuel Tax Act,” and defines “special fuel” to mean any diesel-engine fuel, biodiesel, blended biodiesel or kerosene used for the generation of power to propel a motor vehicle, except for gasoline, liquefied petroleum gas, compressed or liquefied natural gas and products specially prepared and sold for use in aircraft propelled by turbo-prop or jet engines.

Two new sections of the County and Municipal Gasoline and Special Fuel Tax Act are enacted providing that the majority of the members of the governing body of a county or municipality may adopt an ordinance imposing a tax of up to two cents ($.02) per gallon on special fuel sold at retail within the boundaries of the county or municipality.

If the governing body of a county or municipality adopts an ordinance imposing a special fuel tax, the governing body will submit the question of levying the tax to the qualified electors in the county or municipality. The ordinance imposing a special fuel tax will not go into effect until after an election is held and a simple majority of the qualified electors of the county or municipality votes in favor of imposing the tax.

The proceeds of a county or municipal special fuel tax will be used for bridge and road projects or for road, street or highway construction, repair or maintenance in the county or municipality. The proceeds may be pledged for the payment of bonds issued pursuant to the County and Municipal Gasoline and Special Fuel Tax Act; provided that the bonds were issued to enable the county or municipality to acquire land, buildings or other equipment required for bridge, road, street or highway construction, repair or maintenance or for refunding bonds previously issued for such purposes.

On February 24th the Senate Finance Committee amended the bill’s summary language to make it clear that the bill expands the authorization to impose a tax on gasoline to all municipalities and counties, not just class A and H counties and the municipalities within class A and H counties.