HOUSE BILL 561

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO MOTOR VEHICLES; REQUIRING REGISTRATION PLATES TO INCLUDE LAW ENFORCEMENT-READABLE EMBEDDED CHARACTERISTICS; CREATING A HERITAGE SERIES OF REGISTRATION PLATES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] HERITAGE REGISTRATION PLATES--PROCEDURES--FEES.--

          A. The department shall issue a series of heritage registration plates with logos designed in accordance with this section. The series of heritage registration plates symbolizes some of the major factors, events, persons and natural resources that have ushered the state into its second century of statehood. The series of heritage registration plates shall include:

                (1) New Mexico agriculture, represented by an image of one or more chile peppers, the fruit from Capsicum annuum;

                (2) the space age, represented by an image of the green alien figure represented on the seal of the city of Roswell; 

                (3) the atomic age, represented by an image of a circular representation of orbiting atomic molecules;

                (4) aviation, represented by an image of the Double Eagle II hot air balloon;

                (5) cattlemen, represented by an image of two cowboy boots and a cowboy hat, a depiction of Theodore Roosevelt in uniform as a rough rider, the first United States volunteer cavalry or an image celebrating the rough riders;

                (6) the duke of Albuquerque, represented by a depiction of Don Francisco Fernández de la Cueva, the eighth duke of Albuquerque;

                (7) the horned lizard, represented by a depiction of horned lizards of the Phrynosoma genus;

                (8) Las Cruces, represented by a depiction of three crosses on a hillside marking the graves of bandits;

                (9) lawmen, represented by a depiction of Sheriff Pat Garrett with his solid gold sheriff's badge;

                (10) Merriam's wild turkey, represented by a depiction of Meleagris gallopavo merriami;

                (11) oilmen, represented by a depiction of an oil wildcatter;

                (12) railroaders, represented by a depiction of a railroad worker;

                (13) the roadrunner, represented by a depiction of the state bird;

                (14) a butterfly, represented by a depiction of a butterfly that can be found in the state;

                (15) route 66, using the logo depicted on the route 66 commemorative registration plate issued pursuant to Section 66-3-424.8 NMSA 1978;

                (16) the yucca, represented by a depiction of the state flower;

                (17) the zia symbol, represented by a depiction of the zia sun symbol;

                (18) a Navajo code talker, represented by a depiction of a Navajo code talker; and

                (19) others as the secretary may determine.

          B. The design of registration plates in the heritage registration plate series shall be at the discretion of the secretary, provided that all plates in the series display:

                (1) the colors of the state flag, red lettering and a border stripe on a yellow background; provided that the particular heritage registration plate logo may contain colors other than yellow and red;

                (2) the words "Land of Enchantment" between the top mounting holes, provided that, as determined by the secretary, the registration plate with the route 66 logo may display the words "The Mother Road" in lieu of "Land of Enchantment" between the top mounting holes;

                (3) the words "New Mexico" between the bottom mounting holes;

                (4) "15" on the lower left;

                (5) five letters, numbers, characters or spaces; and

                (6) law enforcement machine-readable embedded characteristics.

          C. The secretary shall make at least five new heritage registration plates available each calendar year beginning in 2015 until the list of heritage registration plates described in Subsection A of this section is exhausted. Once the current supply of route 66 commemorative registration plates issued pursuant to Section 66-3-424.8 NMSA 1978 is exhausted, the secretary shall no longer issue route 66 commemorative registration plates pursuant to Section 66-3-424.8 NMSA 1978 but shall issue route 66 registration plates issued pursuant to this section.

          D. For a fee of fifteen dollars ($15.00), which is in addition to the regular motor vehicle registration fee, the owner of a vehicle may apply for issuance of a heritage registration plate in a theme designed by the secretary and for which the secretary has issued a plate.

          E. For a fee of ten dollars ($10.00), in addition to the fee charged pursuant to Subsection D of this section, the owner of a vehicle may apply for the issuance of a heritage registration plate with personalized letters, numbers, characters or spaces, subject to the approval of the secretary.

          F. The secretary may provide for the issuance of souvenir heritage registration plates for the same fees charged for standard heritage registration plates, except no additional fee shall be charged for personalization.

          G. Except as provided in Subsection H of this section, revenue from the additional fees for a heritage registration plate is appropriated to the department.

          H. Revenue received from a heritage registration plate with the route 66 theme is appropriated to the department of transportation for the purpose of funding the revitalization and preservation of historic route 66 in New Mexico pursuant to the national scenic byways program.

          I. The secretary may conform a previously authorized special registration plate to be consistent with the manner in which plates are issued pursuant to this section, if the secretary finds that conforming that plate will result in increased efficiency, cost savings or branding benefits.

          J. The secretary shall consult with other states to determine the most efficient, inexpensive and cost-effective method to implement this section, with the goal of making the plates affordable to all residents and with proceeds to benefit the department and not private organizations.

          K. The department may promulgate rules for implementation of the provisions of this section."

     SECTION 2. Section 66-3-14 NMSA 1978 (being Laws 1978, Chapter 35, Section 34, as amended) is amended to read:

     "66-3-14. REGISTRATION PLATES OR VALIDATING STICKERS TO BE FURNISHED BY DEPARTMENT--REFLECTIVE MATERIAL.--

          A. The department upon registering a vehicle shall issue a registration plate or a validating sticker to the owner of the vehicle. The validating sticker may be designed and required to be placed on the registration plate or elsewhere on the vehicle as prescribed by the department.

          B. Each registration plate shall have a background of reflective material such that the registration number assigned to the vehicle is plainly legible from a distance of one hundred feet at night. The colors shall include those of the state flag, except prestige and special plates.

          C. Each registration plate shall have displayed upon it:

                (1) the registration number assigned to the person to whom it was issued; and

                (2) the name of this state.

          D. The department shall issue no registration plates for privately owned vehicles that contain the words "staff officer" or any other title except as otherwise provided by law.

          E. Except as provided by law, all registration plates for private vehicles shall be alike in form except for the owner's registration number. The department shall adopt registration number systems for registration plates.

          F. All registration plates for private vehicles shall display law enforcement-readable embedded characteristics. Data or metadata collected based on law enforcement-readable embedded characteristics on registration plates shall be retained for no more than five days unless as required for investigative purposes by a law enforcement agency, in which case it shall be retained for no more than thirty days or as provided by judicial warrant or court order. Data or metadata collected based on law enforcement-readable embedded characteristics on registration plates shall not be provided to out-of-state or federal agencies unless as required for specific investigative purposes or pursuant to judicial warrant or court order.

          [F.] G. In lieu of or in addition to a registration plate or sticker for commercial motor vehicles, the department may issue an electronic identifying device."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

- 8 -