AN ACT

RELATING TO AVIATION; CHANGING FEE AND REGISTRATION REQUIREMENTS PURSUANT TO THE AIRCRAFT REGISTRATION ACT; CHANGING DISTRIBUTION OF FEES.

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

Section 1. Section 64-4-4 NMSA 1978 (being Laws 1965, Chapter 122, Section 4, as amended) is amended to read:

"64-4-4. AIRCRAFT REGISTRATION.--

A. All aircraft based or hangared within this state shall be registered annually with the division, and a registration fee shall be paid as approved in the Aircraft Registration Act.

B. Aircraft that are within the state for maintenance, overhaul, storage or repair, but that are habitually or permanently based in another state, may be registered pursuant to the provisions of the Aircraft Registration Act."

Section 2. Section 64-4-11 NMSA 1978 (being Laws 1978, Chapter 43, Section 1) is amended to read:

"64-4-11. REGISTRATION FEES.--

A. The division shall collect the following registration fees:

(1) when the model of the aircraft is one year or less old immediately prior to the year for which it is being registered, two cents ($.02) a pound of manufacturer's maximum gross weight;

(2) when the model of the aircraft is two years old immediately prior to the year for which it is being registered, one and three-fourths cents ($.0175) a pound of manufacturer's maximum gross weight;

(3) when the model of the aircraft is three years old immediately prior to the year for which it is being registered, one and one-half cents ($.0150) a pound of manufacturer's maximum gross weight;

(4) when the model of the aircraft is four years old immediately prior to the year for which it is being registered, one and one-fourth cents ($.0125) a pound of manufacturer's maximum gross weight;

(5) when the model of the aircraft is five years or more old immediately prior to the year for which it is being registered, one cent ($.01) a pound of manufacturer's maximum gross weight;

(6) surplus military aircraft over five years old from date of manufacture, one cent ($.01) a pound of military placarded or certificated gross weight; and (7) hot air balloons, a flat fee of ten dollars ($10.00) regardless of the age and weight of aircraft.

B. The fees charged in Subsection A of this section shall not exceed three hundred dollars ($300) per engine regardless of the weight or age of the aircraft.

C. The fees set by this section are in lieu of all personal property taxes on aircraft authorized by any law of this state. Registration certificates for part of the year issued after July 1 shall be issued at the rate of fifty percent of the annual fee."

Section 3. Section 64-4-14 NMSA 1978 (being Laws 1965, Chapter 122, Section 14, as amended) is amended to read:

"64-4-14. DISPOSITION OF FEES.--

A. Except as provided in Subsection B of this section, all fees collected under the provisions of the Aircraft Registration Act shall be remitted to the state treasurer by the division for credit to the state aviation fund.

B. Eighty percent of registration fees collected with respect to aircraft registered pursuant to Subsection B of Section 64-4-4 NMSA 1978 and that are located on airports owned by a local government shall be distributed to the local government. The fees so distributed shall be used by the local government for airport upgrades, including repair, reconstruction and maintenance of runways and related facilities. Local government funding to the airport shall not be replaced in whole or in part by this distribution."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.