44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO MOTOR VEHICLES; AMENDING CERTAIN SECTIONS OF THE MOTOR VEHICLE CODE CONCERNING REGISTRATION AND VEHICLE EMISSION INSPECTION PROGRAMS.

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

Section 1. Section 66-2-14.1 NMSA 1978 (being Laws 1985, Chapter 95, Section 2, as amended) is amended to read:

"66-2-14.1. FEE AGENT DESIGNATION--TERMINATION.--

A. Any class A county or municipality within a class A county which has adopted an ordinance for a vehicle emission inspection and maintenance program pursuant to Subsection [C] E of Section 74-2-4 NMSA 1978 may be designated by the department as an agent for the registration and re-registration of motor vehicles whose registered owner's address, as shown in the records of the department, is within the class A county or municipality within the class A county.

B. When designated as an agent pursuant to this section, the county or municipality shall provide for effective enforcement to ensure compliance with the state motor vehicle registration laws [and the vehicle emission inspection and maintenance program. Enforcement shall include but not be limited to denial of motor vehicle registration to any vehicle which fails to pass the vehicle emission inspection].

C. When designated as an agent pursuant to this section, the county or municipality shall reimburse the department for any additional costs incurred by the department as a result of the designation of the county or municipality as an agent. Money reimbursed to the department is appropriated to the department for administration and enforcement of the Motor Vehicle Code.

D. The department may terminate the designation of any agent for failure of the agent to perform to the secretary's satisfaction the agent's duties by notifying the agent of the termination. Agency agreements may provide for the form of notice and the length of the period, if any, between the notice and the effective date of the termination."

Section 2. Section 66-3-7 NMSA 1978 (being Laws 1978, Chapter 35, Section 27, as amended) is amended to read:

"66-3-7. GROUNDS FOR REFUSING REGISTRATION OR

CERTIFICATE OF TITLE.--The division may refuse registration or issuance of a certificate of title or any transfer of registration upon the ground that:

A. the application contains any false or fraudulent statement or that the applicant has failed to furnish the required information or reasonable additional information requested by the division or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under the Motor Vehicle Code;

B. the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;

C. the division has reasonable ground to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle;

D. the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;

E. the required fee has not been paid;

F. the motor vehicle excise tax has not been paid; or

G. if the vehicle is a mobile home, the property tax has not been paid

[H. the owner's address, as shown in the records of the division, is within a class A county or within any municipality that has a vehicle emission inspection and maintenance program and the applicant has applied at an office outside the designated county or municipality; or

I. the owner is required to but has failed to provide proof of compliance with a vehicle emission inspection and maintenance program, if required in the county or municipality in which the owner resides]."

Section 3. Section 66-3-7.1 NMSA 1978 (being Laws 1988, Chapter 103, Section 1, as amended) is amended to read:

"66-3-7.1. [REGISTRATION IF VEHICLE EMISSION INSPECTION TEST REQUIRED--REQUIRING A CERTIFICATE--REGISTRATION IN CLASS A COUNTIES] MUNICIPAL VEHICLE INSPECTION PROGRAMS.--

[A. No vehicle required by county or municipal ordinance to pass a vehicle emission inspection test shall be registered with the division until such time as a valid vehicle emission inspection certificate is presented, unless the ordinance of the municipality or county specifically excludes enforcement by the division. The provisions of this section shall apply to a class A county or municipality within a class A county that has a vehicle emission inspection program, and the provisions of this section may apply to a municipality in an adjoining or contiguous county to a class A county that adopts a vehicle emission inspection program.] Any municipality may adopt a voluntary or mandatory vehicle emission inspection program by ordinance. The ordinance may exempt or exclude certain categories or classifications of vehicles and may exempt or exclude a vehicle because of age or type of vehicle.

[B. It shall be a misdemeanor for any person to register a vehicle in a county or municipality which does not conduct a vehicle emission testing program if the registered owner of that vehicle resides in a county or municipality conducting a vehicle emissions inspection program and the person registering the vehicle does so for the purpose of evading a vehicle emissions inspection program.]"