0001|                           SENATE BILL 319
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           WILLIAM H. PAYNE
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO MOTOR VEHICLE REGISTRATION; ENACTING NEW SECTIONS
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0012|     OF THE MOTOR VEHICLE CODE; IMPOSING A SAFETY SURCHARGE ON THE
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0013|     REGISTRATION OF VEHICLES OWNED BY PERSONS CONVICTED OF DRIVING
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0014|     WHILE INTOXICATED; PROVIDING FOR DISPOSITION OF FEE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Motor Vehicle Code is
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0018|     enacted to read:
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0019|          "[<u>NEW MATERIAL</u>]  RENEWAL OF REGISTRATION AFTER DRIVING
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0020|     WHILE INTOXICATED CONVICTION OF OWNER.--In addition to the
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0021|     registration fees prescribed by the Motor Vehicle Code, each
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0022|     motor vehicle registered in the name of a person convicted of
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0023|     driving while intoxicated shall upon the renewal of the motor
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0024|     vehicle's registration be subject to payment of a safety
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0025|     surcharge as follows:
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0001|               A.  renewal for one year after first conviction,
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0002|     seven hundred fifty dollars ($750); and
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0003|               B.  renewal for the next three years after a second
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0004|     and subsequent convictions, one thousand five hundred dollars
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0005|     ($1,500)."
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0006|          Section 2.  A new section of the Motor Vehicle Code is
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0007|     enacted to read:
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0008|          "[<u>NEW MATERIAL</u>]  DISPOSITION OF FEES.--Safety surcharge
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0009|     fees shall be distributed as follows:
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0010|               A.  to the municipality, county or fee agent
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0011|     operating the field office renewing the registration of the
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0012|     motor vehicle subject to the surcharge, thirty-three and one-
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0013|     third percent of the surcharge fee;
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0014|               B.  to the office of the district attorney
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0015|     prosecuting the driving while intoxicated conviction of the
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0016|     registered owner, thirty-three and one-third percent of the
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0017|     surcharge fee; and
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0018|               C.  to the police agency making the arrest leading
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0019|     to the driving while intoxicated conviction of the registered
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0020|     owner, thirty-three and one-third percent of the surcharge
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0021|     fee."
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0022|          Section 3.  A new section of the Motor Vehicle Code is
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0023|     enacted to read:
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0024|          "[<u>NEW MATERIAL</u>]  CIVIL PENALTY.--Any person who is the
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0025|     registered owner of a motor vehicle subject to the safety
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0001|     surcharge imposed by Section 1 of this act who willfully seeks
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0002|     to avoid the surcharge registration fee by the subterfuge of
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0003|     retitling as a result of sale of the motor vehicle to an
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0004|     immediate member of his family for less than the reasonable
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0005|     market value of the motor vehicle is, after notice, hearing and
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0006|     finding by the director or his designee, subject to a penalty
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0007|     of not less than two thousand dollars ($2,000) nor more than
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0008|     five thousand dollars ($5,000)."
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0009|                              
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