0001|                           SENATE BILL 674
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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|                            R. L. STOCKARD
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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 MOTORBOATS; ALLOWING MUNICIPALITIES, COUNTIES AND
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0012|     FEE AGENTS OPERATING MOTOR VEHICLE FIELD OFFICES TO RECEIVE
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0013|     PAYMENTS FOR MOTORBOAT REGISTRATIONS AND TITLE TRANSACTIONS;
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0014|     AMENDING A SECTION OF THE MOTOR VEHICLE CODE.
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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.  Section 66-6-23 NMSA 1978 (being Laws 1978,
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0018|     Chapter 35, Section 358, as amended) is amended to read:
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0019|          "66-6-23.  DISPOSITION OF FEES.--
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0020|               A.  After the necessary disbursements for refunds
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0021|     and other purposes have been made, the money remaining, except
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0022|     for remittances received within the previous two months that
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0023|     are unidentified as to source or disposition, shall be
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0024|     distributed as follows:
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0025|                    (1)  to each municipality, county or fee agent
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0001|     operating a motor vehicle field office, an amount equal to six
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0002|     dollars ($6.00) per driver's license and three dollars ($3.00)
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0003|     per identification card <u>or motor vehicle or motorboat</u>
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0004|     registration or title transaction performed;
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0005|                    (2)  to each municipality or county, other than
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0006|     a class A county with a population in excess of three hundred
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0007|     thousand or a municipality with a population in excess of three
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0008|     hundred thousand within a class A county, operating a motor
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0009|     vehicle field office, an amount equal to fifty cents ($.50) for
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0010|     each administrative service fee remitted by that county or
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0011|     municipality to the department pursuant to the provisions of
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0012|     Section 66-2-16 NMSA 1978;
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0013|                    (3)  to the state road fund:
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0014|                         (a)  an amount equal to one-half of each
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0015|     fee received from motorcycle endorsements; and
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0016|                         (b)  the remainder of each driver's
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0017|     license fee collected by the department employees from an
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0018|     applicant to whom a license is granted after deducting from the
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0019|     driver's license fee the amount of the distribution authorized
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0020|     in Paragraph (1) of this subsection with respect to that
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0021|     collected driver's license fee;
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0022|                    (4)  to the local governments road fund, the
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0023|     amount of the fees provided for in Subsection A of Section
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0024|     66-5-408 NMSA 1978;
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0025|                    (5)  to the division:
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0001|                         (a)  an amount equal to one-half of each
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0002|     fee received from motorcycle endorsements;
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0003|                         (b)  an amount equal to two dollars
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0004|     ($2.00) of each motorcycle registration fee collected pursuant
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0005|     to Section 66-6-1 NMSA 1978; and
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0006|                         (c)  an amount equal to the fees provided
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0007|     for in Subsection C of Section 66-5-44 NMSA 1978 and Subsection
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0008|     B of Section 66-5-408 NMSA 1978; 
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0009|                    (6)  to the state equalization guarantee
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0010|     distribution made annually pursuant to the general
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0011|     appropriation act, an amount equal to one hundred percent of
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0012|     the driver safety fee collected pursuant to Section 66-5-44
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0013|     NMSA 1978;
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0014|                    (7)  to the rubberized asphalt fund, forty-five
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0015|     percent of all tire recycling fees collected pursuant to the
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0016|     provisions of Sections 66-6-1, 66-6-2, 66-6-4, 66-6-5 and
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0017|     66-6-8 NMSA 1978; and
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0018|                    (8)  to the tire recycling fund, the amount
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0019|     remaining, after distributions pursuant to Paragraph (7) of
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0020|     this subsection have been made to the rubberized asphalt fund,
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0021|     <u>from all</u> annual tire recycling fees collected pursuant to the
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0022|     provisions of Sections 66-6-1, 66-6-2, 66-6-4, 66-6-5 and
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0023|     66-6-8 NMSA 1978.
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0024|               B.  The balance, exclusive of unidentified
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0025|     remittances, after having been reduced by the distributions
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0001|     required by Subsection A of this section, shall be further
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0002|     reduced by a distribution of forty-three percent of the balance
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0003|     to the state road fund, and the remainder of the balance shall
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0004|     be transferred or distributed by the state treasurer on or
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0005|     before the last day of the month next after its receipt, as
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0006|     follows:
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0007|                    (1)  forty-one and three-tenths percent shall
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0008|     be distributed to the state road fund;
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0009|                    (2)  seventeen and six-tenths percent shall be
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0010|     transferred to each county in the proportion, determined by the
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0011|     department in accordance with Subsection C of this section,
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0012|     that the registration fees for vehicles in that county are to
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0013|     the total registration fees for vehicles in all counties;
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0014|                    (3)  seventeen and six-tenths percent shall be
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0015|     transferred to the counties, each county receiving an amount
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0016|     equal to the proportion, determined by the secretary of highway
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0017|     and transportation in accordance with Subsection E of this
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0018|     section, that the mileage of public roads maintained by the
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0019|     county is to the total mileage of public roads maintained by
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0020|     all counties of the state.  Amounts distributed to each county
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0021|     in accordance with this paragraph shall be credited to the
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0022|     respective county road fund and be used for the improvement and
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0023|     maintenance of the public roads in the county and to pay for
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0024|     the acquisition of rights of way and material pits.  For this
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0025|     purpose, the board of county commissioners of each of the
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0001|     respective counties shall certify by April 1 of each year to
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0002|     the secretary of highway and transportation the total mileage
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0003|     as of April 1 of that year; provided that in their report, the
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0004|     boards of county commissioners shall identify each of the
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0005|     public roads maintained by them by name, route and location. 
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0006|     By agreement and in cooperation with the state highway and
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0007|     transportation department, the boards of county commissioners
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0008|     of the various counties may use or designate any of the funds
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0009|     provided in this paragraph for any federal aid program;
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0010|                    (4)  nine and four-tenths percent shall be
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0011|     allocated among the counties in the proportion, determined by
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0012|     the department in accordance with Subsection C of this section,
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0013|     that the registration fees for vehicles in that county are to
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0014|     the total registration fees for vehicles in all counties.  The
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0015|     amount allocated to each county shall be transferred to the
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0016|     incorporated municipalities within the county in the
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0017|     proportion, determined by the department of finance and
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0018|     administration in accordance with Subsection C of this section,
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0019|     that the sum of net taxable value, as that term is defined in
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0020|     the Property Tax Code, plus the assessed value, as that term is
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0021|     used in the Oil and Gas Ad Valorem Production Tax Act and in
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0022|     the Oil and Gas Production Equipment Ad Valorem Tax Act,
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0023|     determined for the incorporated municipality is to the sum of
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0024|     net taxable value plus assessed value determined for all
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0025|     incorporated municipalities within the county.  Amounts
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0001|     transferred to incorporated municipalities under the provisions
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0002|     of this paragraph shall be used for the construction,
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0003|     maintenance and repair of streets within the municipality and
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0004|     for payment of paving assessments against property owned by
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0005|     federal, county or municipal governments.  In any county in
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0006|     which there are no incorporated municipalities, the amount
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0007|     allocated under this paragraph shall be transferred to the
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0008|     county road fund and used in accordance with the provisions of
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0009|     Paragraph (3) of this subsection; and
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0010|                    (5)  fourteen and one-tenth percent shall be
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0011|     allocated among the counties in the proportion, determined by
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0012|     the department in accordance with Subsection C of this section,
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0013|     that the registration fees for vehicles in that county are to
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0014|     the total registration fees for vehicles in all counties.  The
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0015|     amount allocated to each county shall be transferred to the
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0016|     county and incorporated municipalities within the county in the
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0017|     proportion, determined by the department of finance and
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0018|     administration in accordance with Subsection C of this section,
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0019|     that the computed taxes due for the county and each
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0020|     incorporated municipality within the county bear to the total
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0021|     computed taxes due for the county and incorporated
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0022|     municipalities within the county.  For the purposes of this
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0023|     paragraph, the term "computed taxes due" for any jurisdiction
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0024|     means the sum of the net taxable value, as that term is defined
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0025|     in the Property Tax Code, plus the assessed value, as that term
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0001|     is used in the Oil and Gas Ad Valorem Production Tax Act and in
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0002|     the Oil and Gas Production Equipment Ad Valorem Tax Act, for
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0003|     that jurisdiction multiplied by an average of the rates for
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0004|     residential and nonresidential property imposed for that
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0005|     jurisdiction pursuant to Subsection B of Section 7-37-7 NMSA
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0006|     1978.

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0007|               C.  To carry out the provisions of this section,
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0008|     during the month of June of each year:
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0009|                    (1)  the department shall determine and certify
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0010|     to the department of finance and administration the proportions
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0011|     which the department is required to determine by Subsection B
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0012|     of this section using information for the preceding calendar
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0013|     year on the number of vehicles registered in each county based
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0014|     on the address of the owner or place where the vehicle is
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0015|     principally located, the registration fees for the vehicles
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0016|     registered in each county, the total number of vehicles
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0017|     registered in the state and the total registration fees for all
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0018|     vehicles registered in the state; and
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0019|                    (2)  the department of finance and
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0020|     administration shall determine the proportions that the
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0021|     department of finance and administration is required to
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0022|     determine by Subsection B of this section based upon the net
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0023|     taxable value, as that term is defined in the Property Tax
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0024|     Code, and assessed value, as that term is used in the Oil and
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0025|     Gas Ad Valorem Production Tax Act and the Oil and Gas
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0001|     Production Equipment Ad Valorem Tax Act, for the preceding tax
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0002|     year and the tax rates imposed pursuant to Subsection B of
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0003|     Section 7-37-7 NMSA 1978 in the preceding September.
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0004|               D.  By June 30 of each year, the department of
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0005|     finance and administration shall determine the appropriate
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0006|     percentage of money to be transferred to each county and
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0007|     municipality for each purpose in accordance with Subsection A
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0008|     of this section based upon the proportions determined by or
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0009|     certified to the department of finance and administration.  The
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0010|     percentages determined shall be used to compute the amounts to
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0011|     be transferred to the counties and municipalities during the
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0012|     succeeding fiscal year.
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0013|               E.  The board of county commissioners of each of the
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0014|     respective counties shall, by April 1 of every year, certify
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0015|     reports to the secretary of highway and transportation of the
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0016|     total mileage of public roads maintained by each county as of
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0017|     April 1 of every year; provided that in their reports, the
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0018|     boards of county commissioners shall identify each of the
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0019|     public roads maintained by them by name, route and location. 
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0020|     By July 1 of every year, the secretary of highway and
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0021|     transportation shall verify the reports of the counties and
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0022|     revise, if necessary, the total mileage of public roads
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0023|     maintained by each county and the mileage verified by the
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0024|     secretary of highway and transportation shall be the official
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0025|     mileage of public roads maintained by each county. 
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0001|     Distribution of amounts to any county for road purposes shall
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0002|     be made in accordance with this section.
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0003|               F.  If a county has not made the required mileage
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0004|     certification pursuant to Section 67-3-28.3 NMSA 1978 by April
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0005|     1 of any year, the secretary of highway and transportation
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0006|     shall estimate the mileage maintained by those counties for the
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0007|     purpose of making distribution to all counties, and the amount
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0008|     calculated to be distributed each month to those counties not
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0009|     certifying mileage shall be reduced by one-third each month for
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0010|     that fiscal year and that amount not distributed to those
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0011|     counties shall be distributed equally to all counties that have
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0012|     certified mileages.
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0013|               G.  The secretary shall review, at the end of each
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0014|     fiscal year, the aggregate total of motor vehicle transactions
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0015|     performed by each municipality, county or fee agent operating a
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0016|     motor vehicle field office, and for each office exceeding ten
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0017|     thousand aggregate transactions per year, that municipality,
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0018|     county or fee agent shall be paid an additional one dollar
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0019|     ($1.00) per identification card, driver's license, registration
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0020|     or title transaction performed during the next fiscal year."
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0021|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0022|     provisions of this act is July 1, 1997.
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0023|                                                         State of New Mexico
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0024|                      House of Representatives
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0025|   
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0001|                      FORTY-THIRD LEGISLATURE
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0002|                        FIRST SESSION, 1997
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0003|   
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0004|   
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0005|                                                  March 13, 1997
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0006|   
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0007|   
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0008|   Mr. Speaker:
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0009|   
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0010|        Your TRANSPORTATION COMMITTEE, to whom has been
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0011|   referred
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0012|   
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0013|                       SENATE BILL 674
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0014|                               
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0015|   has had it under consideration and reports same with
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0016|   recommendation that it DO PASS, and thence referred to the
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0017|   APPROPRIATIONS AND FINANCE COMMITTEE.
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0018|   
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0019|                                 Respectfully submitted,
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0020|   
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0021|   
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0022|   
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0023|                                 <u>                                
</u>    |
<u></u>0024| <u>  
</u>    |
<u></u>0025| <u>                                </u>                             Daniel P. Silva, Chairman
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0001|   
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0002|   
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0003|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0004| <u>   </u>
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0005|             (Chief Clerk)                       (Chief Clerk)
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0006|   
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0007|                        Date <u>            </u>
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0008|   
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0009|   The roll call vote was<u> 11 </u> For<u> 0 </u> Against
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0010|   Yes:      11
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0011|             Excused:  Russell
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0012|             Absent:   None
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0013|   
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0014|   
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0015|   G:\BILLTEXT\BILLW_97\S0674                         State of New Mexico
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0016|                      House of Representatives
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0017|   
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0018|                      FORTY-THIRD LEGISLATURE
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0019|                        FIRST SESSION, 1997
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0020|   
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0021|   
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0022|                                                  March 19, 1997
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0023|   
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0024|   
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0025|   Mr. Speaker:
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0001|   
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0002|        Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0003|   whom has been referred
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0004|   
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0005|                       SENATE BILL 674
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0006|                               
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0007|   has had it under consideration and reports same with
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0008|   recommendation that it DO PASS.
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0009|   
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0010|                                 Respectfully submitted,
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0011|   
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0012|   
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0013|   
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0014|                                 <u>                                
</u>    |
<u></u>0015| <u>  
</u>    |
<u></u>0016| <u>                                </u>                             Max Coll, Chairman
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0017|   
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0018|   
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0019|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0020| <u>   </u>
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0021|             (Chief Clerk)                       (Chief Clerk)
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0022|   
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0023|                        Date <u>            </u>
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0024|   
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0025|   The roll call vote was<u> 13 </u> For<u> 3 </u> Against
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0001|   Yes:      13
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0002|             No:       Bird, Buffett, Wallace
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0003|             Excused:  Watchman
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0004|             Absent:   None
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0005|   
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0006|   
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0007|   G:\BILLTEXT\BILLW_97\S0674
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