New Mexico § 7-1-6.26 - County government road fund; distribution

§ 7-1-6.26. County government road fund; distribution

A. For the purposes of this section, “ distributable amount ” means the amount in the county government road fund as of the last day of any month

for which a distribution is required to be made pursuant to this section in excess

of the balance in that fund as of the last day of the preceding month after reduction

for any required distributions for the preceding month. B. The secretary of transportation shall determine and certify on or before July 1

of each year the total miles of public roads maintained by each county pursuant to Section 66-6-23 NMSA 1978 . For the purposes of this subsection, if the certified mileage of public roads maintained

by a county is less than four hundred miles, the state treasurer shall increase the

number of miles of public roads maintained by that county by fifty percent and revise

the total miles of public roads maintained by all counties accordingly. Except as provided otherwise in Subsection D of this section, each county shall

receive an amount equal to its proportionate share of miles of public roads maintained,

as the number of miles for the county may have been revised pursuant to this subsection,

to the total miles of public roads maintained by all counties, as that total may have

been revised pursuant to this subsection, times fifty percent of the distributable

amount in the county government road fund. C. Except as provided otherwise in Subsection D of this section, each county shall

receive a share of fifty percent of the distributable amount in the county government

road fund as determined in this subsection. The amount for each county shall be the greater of: (1) twenty-one cents ($.21) multiplied by the county's population as shown by the

most recent federal decennial census; or (2) the proportionate share that the taxable gallons of gasoline reported for that

county for the preceding fiscal year bear to the total taxable gallons of gasoline

for all counties in the preceding fiscal year, as determined by the department, multiplied

by fifty percent of the distributable amount in the county government road fund. If the sum of the amounts to be distributed pursuant to Paragraphs (1) and (2) of

this subsection exceeds fifty percent of the distributable amount in the county government

road fund, the excess shall be eliminated by multiplying the amount determined in

Paragraphs (1) and (2) of this subsection for each county by a fraction, the numerator

of which is fifty percent of the distributable amount in the county government road

fund, and the denominator of which is the sum of amounts determined for all counties

in Paragraphs (1) and (2) of this subsection. D. If the distribution for a class A county or for an H class county determined pursuant

to Subsections B and C of this section exceeds an amount equal to one-twelfth of the

product of the total taxable gallons of gasoline reported for the county for the preceding

fiscal year times one cent ($.01), the distribution for that county shall be reduced

to an amount equal to one-twelfth of the product of the total taxable gallons of gasoline

reported for the county for the preceding fiscal year times one cent ($.01). Any amount of the reduction shall be shared among the counties whose distribution

has not been reduced pursuant to this subsection in the ratio of the amounts computed

in Subsections B and C of this section. E. If a county has not made the required mileage certification pursuant to Section 67-3-28.3 NMSA 1978 by April 1 of every year of the year for which distribution is being made, the secretary

of transportation shall estimate the mileage maintained by those counties for the

purpose of making distribution to all counties, and the amount calculated to be distributed

each month to those counties not certifying mileage shall be reduced by one-third

each month for that fiscal year and that amount not distributed to those counties

shall be distributed equally to all counties that have certified mileages. F. Distributions made to counties pursuant to this section shall be deposited in the

county road fund to be used for the construction, reconstruction, resurfacing or other

improvement or maintenance of the public roads and bridges in the county, including

right-of-way and materials acquisition. Money distributed pursuant to this section may be used by the 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 .