SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 905

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING AND ENACTING SECTIONS OF THE MOTOR VEHICLE CODE; REQUIRING BACKGROUND INVESTIGATIONS FOR CERTAIN MOTOR VEHICLE DIVISION EMPLOYEES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2005; PROVIDING PENALTIES; REPEALING SECTIONS OF THE NMSA 1978.

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

     Section 1. Section 7-14-6 NMSA 1978 (being Laws 1988, Chapter 73, Section 16, as amended) is amended to read:

     "7-14-6. EXEMPTIONS FROM TAX.--

          A. [Persons who acquire] A person who acquires a vehicle out of state thirty or more days before establishing a domicile in this state [are] is exempt from the tax if the vehicle was acquired for personal use.

          B. [Persons] A person applying for a certificate of title for a vehicle registered in another state [are] is exempt from the tax if [they have] the person has previously registered and titled the vehicle in New Mexico and [have] has owned the vehicle continuously since that time.

          C. [Certificates] A vehicle with a certificate of title [for all vehicles] owned by this state or any political subdivision [are] is exempt from the tax.

          [D. A vehicle subject to registration under Section 66-3-16 NMSA 1978 is exempt from the tax.

          E. Persons who acquire]

          D. A person is exempt from the tax if the person has a disability at the time the person purchases a vehicle and can prove to the motor vehicle division of the department or its agent that modifications have been made to the vehicle that are:

                (1) due to that person's disability; and

                (2) necessary to enable that person to drive that vehicle or be transported in that vehicle.

          E. A person is exempt from the tax if the person is a bona fide resident of New Mexico who served in the armed forces of the United States and who suffered, while serving in the armed forces or from a service-connected cause, the loss or complete and total loss of use of:

                (1) one or both legs at or above the ankle; or

                (2) one or both arms at or above the wrist.

          F. A person who acquires a vehicle for subsequent lease shall be exempt from the tax if:

                (1) the person does not use the vehicle in any manner other than holding it for lease or sale or leasing or selling it in the ordinary course of business;

                (2) the lease is for a term of more than six months;

                (3) the receipts from the subsequent lease are subject to the gross receipts tax; and

                (4) the vehicle does not have a gross vehicle weight of over twenty-six thousand pounds.

          [F.] G. From July 1, 2004 through June 30, 2009, vehicles that are gasoline-electric hybrid vehicles with a United States environmental protection agency fuel economy rating of at least twenty-seven and one-half miles per gallon are eligible for a one-time exemption from the tax at the time of the issuance of the original certificate of title for the vehicle."

     Section 2. Section 66-1-4.1 NMSA 1978 (being Laws 1990, Chapter 120, Section 2, as amended) is amended to read:

     "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "abandoned vehicle" means a vehicle or motor vehicle that has been determined by a New Mexico law enforcement agency:

                (1) to have been left unattended on either public or private property for at least thirty days;

                (2) not to have been reported stolen;

                (3) not to have been claimed by any person asserting ownership; and

                (4) not to have been shown by normal record- checking procedures to be owned by any person;

          B. "access aisle" means a space designed to allow a person with [severe] a significant mobility [impairment] limitation to safely exit and enter a motor vehicle [and] that is immediately adjacent to a designated [disabled] parking space for persons with significant mobility limitation and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width, and clearly marked with blue striping;

          C. "actual empty weight" means the weight of a vehicle without a load;

          [C.] D. "additional place of business", for dealers and auto recyclers, means locations in addition to an established place of business as defined in Section 66-1-4.5 NMSA 1978 and meeting all the requirements of an established place of business, except Paragraph (5) of Subsection [B] C of Section 66-1-4.5 NMSA 1978, but "additional place of business" does not mean a location used solely for storage and that is not used for wrecking, dismantling, sale or resale of vehicles;

          [D.] E. "alcoholic beverages" means any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol but excluding medicinal bitters;

          [E.] F. "authorized emergency vehicle" means any fire department vehicle, police vehicle, ambulance and any emergency vehicles of municipal departments or public utilities that are designated or authorized as emergency vehicles by the director of the New Mexico state police division of the department of public safety or local authorities; and

          [F.] G. "auto recycler" means a person engaged in this state in an established business that includes acquiring vehicles that are required to be registered under the Motor Vehicle Code for the purpose of dismantling, wrecking, shredding, compacting, crushing or otherwise destroying vehicles for reclaimable parts or scrap material to sell."

     Section 3. Section 66-1-4.4 NMSA 1978 (being Laws 1990, Chapter 120, Section 5, as amended) is amended to read:

     "66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "day" means calendar day, unless otherwise provided in the Motor Vehicle Code;

          B. "dealer", except as [herein] specifically excluded, means any person who sells or solicits or advertises the sale of new or used motor vehicles, manufactured homes or trailers subject to registration in this state; "dealer" does not include:

                (1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;

                (2) public officers while performing their duties as such officers;

                (3) persons making casual sales of their own vehicles;

                (4) finance companies, banks and other lending institutions making sales of repossessed vehicles; or

                (5) licensed brokers under the Manufactured Housing Act who, for a fee, commission or other valuable consideration, engage in brokerage activities related to the sale, exchange or lease purchase of pre-owned manufactured homes on a site installed for a consumer;

          C. "declared gross weight" means the maximum gross vehicle weight or [combination] gross combination vehicle weight at which a vehicle or combination will be operated during the registration period, as declared by the registrant for registration and fee purposes; the vehicle or combination shall have only one declared gross weight for all operating considerations;

          D. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

          E. "designated [disabled] accessible parking space for persons with significant mobility limitation" means any space, including an access aisle, that is marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard [indicating disability] with the international symbol of access issued in accordance with Section 66-3-16 NMSA 1978 and that is designated by a conspicuously posted sign bearing the international [disabled] symbol of [a wheelchair] access and, if the parking space is paved, by a clearly visible depiction of this symbol painted in blue on the pavement of the space;

          F. "director" means the secretary;

          G. "disqualification" means a prohibition against driving a commercial motor vehicle;

          H. "distinguishing number" means the number assigned by the department to a vehicle whose identifying number has been destroyed or obliterated or the number assigned by the department to a vehicle that has never had an identifying number;

          I. "distributor" means [any] a person who distributes or sells new or used motor vehicles to dealers and who is not a manufacturer;

          J. "division", without further specification, "division of motor vehicles" or "motor vehicle division" means the department;

          K. "driver" means every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a highway, who is exercising control over or steering a vehicle being towed by a motor vehicle or who operates or is in actual physical control of an off-highway motor vehicle;

          L. "driver's license" means a license or a class of license issued by a state or other jurisdiction to an individual that authorizes the individual to drive a motor vehicle; and

          M. "driveaway-towaway operation" means [any] an operation in which any motor vehicle, new or used, is the item being transported when one set or more of wheels of any such motor vehicle is on the roadway during the course of transportation, whether or not the motor vehicle furnishes the motive power."

     Section 4. Section 66-1-4.5 NMSA 1978 (being Laws 1990, Chapter 120, Section 6, as amended) is amended to read:

     "66-1-4.5. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "electric personal assistive mobility device" means a self-balancing device having two nontandem wheels designed to transport a single person by means of an electric propulsion system with an average power of one horsepower and with a maximum speed on a paved level surface of less than twenty miles per hour when powered solely by its propulsion system and while being ridden by an operator who weighs one hundred seventy pounds;

          [A.] B. "essential parts" means all integral and body parts of a vehicle of a type required to be registered by the provisions of the Motor Vehicle Code, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;

          [B.] C. "established place of business", for a dealer or auto recycler, means a place:

                (1) devoted exclusively to the business for which the dealer or auto recycler is licensed and related business;

                (2) identified by a prominently displayed sign giving the dealer's or auto recycler's trade name used by the business;

                (3) of sufficient size or space to permit the display of one or more vehicles or to permit the parking or storing of vehicles to be dismantled or wrecked for recycling;

                (4) on which there is located an enclosed building on a permanent foundation, which building meets the building requirements of the community and is large enough to accommodate the office or offices of the dealer or auto recycler and large enough to provide a safe place to keep the books and records of the dealer or auto recycler;

                (5) where the principal portion of the business of the dealer or auto recycler is conducted and where the books and records of the business are kept and maintained; and

                (6) where vehicle sales are of new vehicles only, such as a department store or a franchisee of a department store, as long as the department store or franchisee keeps the books and records of its vehicle business in a general office location at its place of business; as used in this paragraph, "department store" means a business that offers a variety of merchandise other than vehicles, and sales of the merchandise other than vehicles constitute at least eighty percent of the gross sales of the business; and

          [C.] D. "explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb."

     Section 5. Section 66-1-4.7 NMSA 1978 (being Laws 1990, Chapter 120, Section 8) is amended to read:

     "66-1-4.7. DEFINITIONS.--As used in the Motor Vehicle Code:

          [A. "gross vehicle weight" means the weight of a vehicle without load, plus the weight of any load thereon;

          B. "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a vehicle or a vehicle combination, or registered gross weight, whichever is greater; the "gross vehicle weight rating" of a vehicle or a vehicle combination is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed units; and

          C. "gross weight" means gross vehicle weight as defined in this section]

          A. "gross combination vehicle weight" means the total of the gross vehicle weights of all units of a combination;

          B. "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination; however, in the absence of a value specified by the manufacturer, the gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and the load on those units;

          C. "gross factory shipping weight" means the weight indicated on the manufacturer's certificate of origin;

          D. "gross vehicle weight" means the weight of a loaded vehicle; and

          E. "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle."

     Section 6. Section 66-1-4.11 NMSA 1978 (being Laws 1990, Chapter 120, Section 12, as amended) is amended to read:

     "66-1-4.11. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "mail" means any item properly addressed with postage prepaid delivered by the United States postal service or any other public or private enterprise primarily engaged in the transport and delivery of letters, packages and other parcels;

          B. "manufactured home" means a movable or portable housing structure that exceeds either a width of eight feet or a length of forty feet, constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy;

          C. "manufacturer" means every person engaged in the business of constructing or assembling vehicles of a type required to be registered under the Motor Vehicle Code;

          D. "manufacturer's certificate of origin" means a certification, on a form supplied by or approved by the department, signed by the manufacturer that the new vehicle or boat described [therein] in the certificate has been transferred to the New Mexico dealer or distributor named [therein] in the certificate or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States and that such transfer is the first transfer of the vehicle or boat in ordinary trade and commerce; [Every such certificate shall contain space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States, and the certificate shall contain a description of the vehicle, the number of cylinders, type of body, engine number and the serial number or other standard identification number provided by the manufacturer of the vehicle;

          E. "metal tire" means every tire of which the surface in contact with the highway is wholly or partly of metal or other hard nonresilient material, except that a snow tire with metal studs designed to increase traction on ice or snow is not considered a metal tire;

          F.] E. "moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, that is capable of propelling the vehicle at a maximum speed of not more than thirty miles an hour on level ground, at sea level;

          [G.] F. "motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding a tractor;

          [H.] G. "motor home" means a camping body built on a self-propelled motor vehicle chassis so designed that seating for driver and passengers is within the body itself;

          [I.] H. "motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails; but for the purposes of the Mandatory Financial Responsibility Act, "motor vehicle" does not include "special mobile equipment"; and

          [J.] I. "motor vehicle insurance policy" means a policy of vehicle insurance that covers self-propelled vehicles of a kind required to be registered pursuant to New Mexico law for use on the public streets and highways. A "motor vehicle insurance policy":

(1) shall include:

                     (a) motor vehicle bodily injury and property damage liability coverages in compliance with the Mandatory Financial Responsibility Act; and

                     (b) uninsured motorist coverage, subject to the provisions of Section 66-5-301 NMSA 1978 permitting the insured to reject such coverage; and

                (2) may include:

                     (a) physical damage coverage;

                     (b) medical payments coverage; and

                     (c) other coverages that the insured and the insurer agree to include within the policy."

     Section 7. Section 66-1-4.12 NMSA 1978 (being Laws 1990, Chapter 120, Section 13, as amended) is amended to read:

     "66-1-4.12. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "neighborhood electric car" means a four-wheeled electric motor vehicle that has a maximum speed of more than twenty miles per hour but less than twenty-five miles per hour and complies with the federal requirements specified in 49 CFR 571.500;

          [A.] B. "nonrepairable vehicle" means a vehicle of a type otherwise subject to registration that:

                (1) has no resale value except as a source of parts or scrap metal or that the owner irreversibly designates as a source of parts or scrap metal or for destruction;

                (2) has been substantially stripped as a result of theft or is missing all of the bolts on sheet metal body panels, all of the doors and hatches, substantially all of the interior components and substantially all of the grill and light assemblies and has little or no resale value other than its worth as a source of a vehicle identification number that could be used illegally; or

                (3) is a substantially burned vehicle that has burned to the extent that there are no more usable or repairable body or interior components, tires and wheels or drive train components or that the owner irreversibly designates for destruction or as having little or no resale value other than its worth as a source of scrap metal or as a source of a vehicle identification number that could be used illegally;

          [B.] C. "nonrepairable vehicle certificate" means a vehicle ownership document conspicuously labeled "NONREPAIRABLE" issued to the owner of the nonrepairable vehicle;

          [C.] D. "nonresident" means every person who is not a resident of this state;

          [D.] E. "nonresident commercial driver's license" means a commercial driver's license issued by [a state defined within "state" to an individual who resides in] another state to a person domiciled in that state or by a foreign [jurisdiction] country to a person domiciled in that country; and

          [E.] F. "nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident, in this state."

     Section 8. Section 66-1-4.15 NMSA 1978 (being Laws 1990, Chapter 120, Section 16, as amended) is amended to read:

     "66-1-4.15. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "railroad" means a carrier of persons or property upon cars operated upon stationary rails;

          B. "railroad sign or signal" means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

          C. "railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails;

          D. "reconstructed vehicle" means any vehicle assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or which, if originally otherwise assembled or constructed, has been materially altered by the removal of essential parts, new or used;

          E. "recreational travel trailer" means a camping body designed to be drawn by another vehicle;

          F. "recreational vehicle" means a vehicle with a camping body that has its own motive power, is affixed to or is drawn by another vehicle and includes motor homes, travel trailers and truck campers;

          G. "registration" means registration certificates and registration plates issued under the laws of New Mexico pertaining to the registration of vehicles;

          H. "registration number" means the number assigned upon registration by the division to the owner of a vehicle or motor vehicle required to be registered by the Motor Vehicle Code;

          I. "registration plate" means the plate, marker, sticker or tag assigned by the division for the identification of the registered vehicle;

          J. "residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business;

          K. "revocation" means that the driver's license and privilege to drive a motor vehicle on the public highways are terminated and shall not be renewed or restored, except that an application for a new license may be presented to and acted upon by the division after the expiration of at least one year after date of revocation;

          L. "right of way" means the privilege of the immediate use of the roadway;

          M. "road tractor" means every motor vehicle designed and used primarily for drawing other vehicles and [not so] constructed [as] not to carry [any] a significant load [thereon] on the road tractor, either independently or as any part of the weight of a vehicle or load [so] drawn; and

          N. "roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder [and in the event]; when a highway includes two or more separate roadways, the term "roadway" refers to [any such] each roadway separately but not to all [such] of the roadways collectively."

     Section 9. Section 66-1-4.17 NMSA 1978 (being Laws 1990, Chapter 120, Section 18, as amended by Laws 2003, Chapter 141, Section 1 and by Laws 2003, Chapter 164, Section 3) is amended to read:

     "66-1-4.17. DEFINITIONS.--As used in the Motor Vehicle Code:

          A. "tank vehicle" means a motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis and that has either a gross vehicle weight rating of twenty-six thousand one or more pounds or is used in the transportation of hazardous materials requiring placarding of the vehicle under applicable law;

          B. "taxicab" means a motor vehicle used for hire in the transportation of persons, having a normal seating capacity of not more than seven persons;

          C. "temporary off-site location" means a location other than a dealer's established or additional place of business that is used exclusively for the display of vehicles or vessels for sale or resale and for related business;

          [C.] D. "through highway" means every highway or portion [thereof] of a highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing it when stop signs are erected as provided in the Motor Vehicle Code;

          [D.] E. "title service company" means a person, other than the department, an agent of the department, a licensed dealer or the motor transportation division of the department of public safety, who for consideration issues temporary registration plates or prepares and submits to the department on behalf of others applications for registration of or title to motor vehicles;

          [E.] F. "traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel;

          [F.] G. "traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;

          [G.] H. "traffic safety bureau" means the traffic safety bureau of the [state highway and] department of transportation [department];

          [H.] I. "trailer" means any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no significant part of its weight rests upon the towing vehicle;

          J. "transaction" means all operations necessary at one time with respect to one identification card, one driver, one vessel or one vehicle;

          [I.] K. "transportation inspector" means an employee of the motor transportation division of the department of public safety who has been certified by the director of the division to enter upon and perform inspections of motor carriers' vehicles in operation;

          [J.] L. "transporter of manufactured homes" means a commercial motor vehicle operation engaged in the business of transporting manufactured homes from the manufacturer's location to the first dealer's location. A "transporter of manufactured homes" may or may not be associated with or affiliated with a particular manufacturer or dealer;

          [K.] M. "travel trailer" means a trailer with a camping body and includes recreational travel trailers and camping trailers;

          [L.] N. "trial court" means the magistrate, municipal or district court that tries the case concerning an alleged violation of a provision of the Motor Vehicle Code;

          [L.] O. "tribal court" means a court created by a tribe or a court of Indian offense created by the United States secretary of the interior;

          [M.] P. "tribe" means an Indian nation, tribe or pueblo located wholly or partially in New Mexico; 

          [N.] Q. "truck" means every motor vehicle designed, used or maintained primarily for the transportation of property;

          [O.] R. "truck camper" means a camping body designed to be loaded onto, or affixed to, the bed or chassis of a truck. A camping body, when combined with a truck or truck cab and chassis, even though not attached permanently, becomes a part of the motor vehicle, and together they are a recreational unit to be known as a "truck camper"; there are three general types of truck campers:

                (1) "slide-in camper" means a camping body designed to be loaded onto and unloaded from the bed of a pickup truck;

                (2) "chassis-mount camper" means a camping body designed to be affixed to a truck cab and chassis; and

                (3) "pickup cover" or "camper shell" means a camping body designed to provide an all-weather protective enclosure over the bed of a pickup truck and to be affixed [thereto] to the pickup truck; and

          [P.] S. "truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and [not so] constructed [as] to carry [a load other than] a part of the weight of the vehicle and load [so] drawn."

     Section 10. Section 66-2-3 NMSA 1978 (being Laws 1978, Chapter 35, Section 7, as amended) is amended to read:

     "66-2-3. POWERS AND DUTIES OF DEPARTMENT.--

          A. The department is vested with the power and is charged with the duty of observing, administering and enforcing the Motor Vehicle Code in cooperation with state and local agencies as provided by law and the provisions of law now existing or hereinafter enacted [that pertain to the licensing of drivers and that pertain to the financial responsibility of owners and drivers].

          B. The secretary may seek an injunction in any district court to require compliance with or prohibit violation of the Motor Vehicle Code. [A request for an injunction may seek the prohibition of the buying, selling, exchanging or operation of vehicles of a type required to be registered under the Motor Vehicle Code.]

          C. A person authorized to carry out the duties imposed on the department by law is authorized to copy a record or document, including a birth certificate, necessary to establish that an applicant has met the requirements for issuance of a document issued by the department."

     Section 11. Section 66-2-15 NMSA 1978 (being Laws 1978, Chapter 35, Section 19, as amended) is amended to read:

     "66-2-15. AGENTS OR DEPARTMENT EMPLOYEES TO REMIT MONEY RECEIVED--BONDS FOR AGENTS OR DEPARTMENT EMPLOYEES.--Agents or department employees shall remit all money received by them in the carrying out of the duty imposed upon them by the Motor Vehicle Code, including [the agents'] administrative [service] fees. The agents' reports are subject to audit and acceptance by the department. Before undertaking [any] a duty [in] on behalf of the director, the agents shall execute a surety bond, in [such] an amount [as] required by the director [requires] and in the form required of public officials by law [of public officials]. The department shall [have such] designate those employees required to be covered by [such] a bond [as the department may designate]."

     Section 12. Section 66-2-16 NMSA 1978 (being Laws 1978, Chapter 35, Section 20, as amended) is amended to read:

     "66-2-16. ADMINISTRATIVE [SERVICE] FEES--COLLECTION--REMITTANCE--PAYMENT--OPTIONAL [SERVICE] FEES--APPROPRIATION.--

          A. [The secretary is authorized to establish by regulation a schedule of administrative service fees to be collected by the] The department and its agents [or department] shall collect an administrative fee to defray the department's costs of operation [of the agents' or department's offices] and of rendering service to the public. [Fees] The fee shall be two dollars ($2.00) for each transaction performed by [the] an agent or the department [for the secretary] and shall be collected in addition to all other fees and taxes imposed.

          B. All sums collected by an agent or the department as administrative [service] fees shall be remitted as provided in Section 66-2-15 NMSA 1978.

          C. Administrative [service] fees remitted by department employees shall be deposited by the state treasurer into the motor vehicle suspense fund and distributed in accordance with Section 66-6-23 NMSA 1978.

          D. Notwithstanding the provisions of Subsections A through C of this section, a class A county with a population exceeding three hundred thousand or municipality with a population exceeding three hundred thousand within a class A county designated as an agent pursuant to Section 66-2-14.1 NMSA 1978 shall not be paid [an administrative service] the fee provided in Subparagraph (b) of Paragraph (1) of Subsection A of Section 66-6-23 NMSA 1978.

          E. The secretary is authorized to establish by [regulation] rule fees to cover the expense of providing additional services for the convenience of the motoring public. Any service established for which a fee is adopted pursuant to this subsection shall be optional, with the fee not being charged to any person not taking advantage of the service. Amounts collected pursuant to this subsection are appropriated to the department for the purpose of defraying the expense of providing the service.

          F. The secretary shall review, at the end of each fiscal year, the aggregate total of motor vehicle transactions performed by each municipality, county or fee agent operating a motor vehicle field office, and identify each office exceeding ten thousand aggregate transactions per year."

     Section 13. Section 66-3-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 21, as amended) is amended to read:

     "66-3-1. VEHICLES SUBJECT TO REGISTRATION--

EXCEPTIONS.--

          A. Every motor vehicle, manufactured home, trailer, semitrailer and pole trailer when driven or moved upon a highway and every off-highway motor vehicle is subject to the registration and certificate of title provisions of the Motor Vehicle Code except:

                (1) any such vehicle driven or moved upon a highway in conformance with the provisions of the Motor Vehicle Code relating to manufacturers, dealers, lien-holders or nonresidents;

                (2) any such vehicle that is driven or moved upon a highway only for the purpose of crossing the highway from one property to another;

                (3) [any] an implement of husbandry that is only incidentally operated or moved upon a highway;

                (4) [any] special mobile equipment;

                (5) [any] a vehicle that is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;

                (6) a freight [trailers] trailer if [they are] it is:

                     (a) properly registered in another state;

                     (b) identified by a proper base registration plate that is properly displayed; and

                     (c) identified by other registration documents that are in the possession of the operator and exhibited at the request of a police officer;

                (7) a freight [trailers] trailer or utility [trailers] trailer owned and used by:

                     (a) a nonresident solely for the transportation of farm products purchased by the nonresident from growers or producers of the farm products and transported in the trailer out of the state;

                      (b) [farmers and ranchers] a farmer or a rancher who [transport] transports to market only the produce, animals or fowl produced by [them] that farmer or rancher or who [transport] transports back to [their farms and ranches] the farm or ranch supplies for use thereon; or

                     (c) [persons who transport] a person who transports animals to and from fairs, rodeos or other places, except racetracks, where the animals are exhibited or otherwise take part in performances, in trailers drawn by a motor vehicle or truck of less than ten thousand pounds gross vehicle weight rating bearing a proper registration plate, but in no case shall the owner of an unregistered trailer described in this paragraph perform such uses for hire; [and]

                (8) a moped;

                (9) an electric personal assistive mobility device;

                [(8) any such] (10) a vehicle moved on a highway by a towing service as defined in Section 59A-50-2 NMSA 1978; and

                (11) an off-highway motor vehicle exempted pursuant to Section 66-3-1005 NMSA 1978.

          B. [No] A certificate of title need not be obtained for any vehicle of a type subject to registration owned by the government of the United States.

          [C. Every manufactured home shall be subject to the registration and certificate of title provisions of the Motor Vehicle Code, and each manufactured home shall at all times bear a current registration plate.]"

     Section 14. Section 66-3-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 22, as amended) is amended to read:

     "66-3-2. REGISTRATION--TRAILERS, SEMITRAILERS, POLE TRAILERS AND FREIGHT TRAILERS.--

          A. The motor transportation division of the department of public safety and the motor vehicle [and motor transportation divisions] division of the taxation and revenue department, according to their appropriate jurisdictions, shall grant permanent registration to freight trailers subject to registration and may grant [a] permanent registration to utility trailers not used in commerce whose gross vehicle weight is less than six thousand one pounds upon application and payment of the fee required by Section 66-6-3 NMSA 1978. The registration shall expire, however, upon the transfer of title or interest in the vehicle, at which time the vehicle shall be reregistered.

          B. In registering trailers, semitrailers and pole trailers, the motor transportation division and the motor vehicle [and motor transportation divisions] division may require such information and documents and may make such tests and investigations as they deem necessary and practicable to determine or to verify the empty weights and gross vehicle weights and to ensure that the vehicles may be safely and legally operated upon the highways of this state."

     Section 15. Section 66-3-2.10 NMSA 1978 (being Laws 1972, Chapter 7, Section 42) is amended to read:

     "66-3-2.10. PROPORTIONAL REGISTRATION NOT EXCLUSIVE.--Nothing contained in the Motor Transportation Act relating to the proportional registration of fleet vehicles shall be construed as requiring any vehicle to be proportionally registered if it is otherwise registered in this state for the operation in which it is engaged, including, but not by way of limitation, [regular] registration, temporary registration permit or trip permit [or registration]."

     Section 16. Section 66-3-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 24, as amended) is amended to read:

     "66-3-4. APPLICATION FOR REGISTRATION AND CERTIFICATE OF TITLE--NONREPAIRABLE VEHICLE CERTIFICATE.--

          A. Every owner of a vehicle of a type required to be registered in this state shall make application to the division for the registration and issuance of a certificate of title for the vehicle. Applications shall be upon the appropriate forms furnished by the division and shall bear the signature of the owner written with pen and ink. All applications presented to the division shall contain:

                (1) for a vehicle other than a recreational vehicle, the name, bona fide New Mexico residence address and mail address of the owner or, if the owner is a firm, association or corporation, the name, bona fide New Mexico business address and mail address of the firm, association or corporation and for a recreational vehicle, the name, bona fide residence address and mail address of the owner and proof of delivery in New Mexico;

                (2) a description of the vehicle including, insofar as the hereinafter specified data may exist with respect to a given vehicle, the make, model, type of body, number of cylinders, type of fuel used, serial number of the vehicle, odometer reading, engine or other identification number provided by the manufacturer of the vehicle, whether new or used and, if a vehicle not previously registered, date of sale by the manufacturer or dealer to the person intending to operate the vehicle. In the event a vehicle is designed, constructed, converted or rebuilt for the transportation of property, the application shall include a statement of its rated capacity as established by the manufacturer of the chassis or the complete vehicle;

                (3) a statement of the applicant's title and of all liens or encumbrances upon the vehicle and the names and addresses of all persons having any interest therein and the nature of every such interest and the name and address of the person to whom the certificate of title shall be delivered by the division;

                (4) if the vehicle required to be registered is a house trailer, as defined in the Motor Vehicle Code, a certificate from the treasurer or assessor of the county in which the house trailer is located showing that either:

                     (a) all property taxes due or to become due on the house trailer for the current tax year or any past tax years have been paid; or

                     (b) no liability for property taxes on the house trailer exists for the current year or any past tax years; and

                (5) further information as may reasonably be required by the division to enable it to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.

          B. Any owner of a vehicle subject to registration that has never been registered in this state and that has been registered in another state, except manufactured homes, shall have such vehicle examined and inspected for its identification number or engine number by the division or an officer or designated agent thereof incident to securing registration, reregistration or a certificate of title from the division.

          C. When such application refers to a vehicle not previously registered and the vehicle is purchased from a dealer licensed in this state or a dealer licensed or recognized as such in any other state, territory or possession of the United States, the application shall be accompanied by a manufacturer's certificate of origin duly assigned by the dealer to the purchaser. In the event that a vehicle not previously registered is sold by the manufacturer to a dealer in a state not requiring a manufacturer's certificate of origin and in the event that the vehicle is subsequently purchased by a dealer or any person in this state, the application for title shall be accompanied by the evidence of title accepted by the state in which the vehicle was sold by the manufacturer to a dealer in that state together with evidence of subsequent transfers.

          D. Prior to the sale or disposal of a nonrepairable vehicle, the owner, owner's agent or salvage pool shall obtain a properly endorsed nonrepairable vehicle certificate from the department and deliver it to the purchaser within twenty days after payment in full for the nonrepairable vehicle and shall also comply with Section 66-3-10.1 NMSA 1978. The department shall accept the endorsed nonrepairable vehicle certificate in lieu of the certificate of ownership or other evidence of ownership when accompanied by an application and other documents and fees as may be required by the department. A vehicle for which a nonrepairable vehicle certificate has been issued shall not be titled or registered for use on the highways of this state.

          E. If an insurance company makes a total loss settlement on a nonrepairable vehicle and takes possession of that vehicle, either itself or through an agent or salvage pool, the insurance company or an authorized agent of the insurance company shall:

                (1) stamp the face of the title or manufacturer's certificate of origin with the word "NONREPAIRABLE", in letters no less than one-half inch high, at an angle of approximately forty-five degrees to the text of the title or manufacturer's certificate of origin; and

                (2) within twenty days after receipt of title by the insurer, free and clear of all liens, submit a copy of the branded title or manufacturer's certificate of title to the department together with documents explaining the reason for branding, and shall forward a properly endorsed certificate of title or manufacturer's certificate of origin or other evidence of ownership acceptable to the department together with the proper fee to the department. The department, upon receipt of the title or manufacturer's certificate of origin or other evidence of ownership, shall issue a nonrepairable vehicle certificate for the vehicle.

          F. If an owner of a nonrepairable vehicle elects to retain possession of the vehicle, the insurance company shall notify the department of the retention on a form prescribed by the department. The insurance company shall also notify the insured or owner of the insured's or owner's responsibility to comply with this section. The owner shall, within twenty days from the date of settlement of the loss, forward a properly endorsed certificate of title or manufacturer's certificate of origin or other evidence of ownership acceptable to the department together with the proper fee to the department. The department, upon receipt of the title or manufacturer's certificate of origin or other evidence of ownership, shall issue a nonrepairable vehicle certificate for the vehicle.

          G. If a nonrepairable vehicle is not the subject of an insurance settlement, the owner shall, within twenty days from the date of the loss, forward a properly endorsed certificate of title or manufacturer's certificate of origin or other evidence of ownership acceptable to the department together with the proper fee to the department. The department, upon receipt of the title or manufacturer's certificate of origin or other evidence of ownership, shall issue a nonrepairable vehicle certificate for the vehicle.

          H. The department shall not issue a new registration card and certificate of ownership pursuant to Subsection A, B or C of this section on a vehicle that has been issued a nonrepairable vehicle certificate pursuant to Subsections E, F and G of this section."

     Section 17. Section 66-3-6 NMSA 1978 (being Laws 1978, Chapter 35, Section 26, as amended) is amended to read:

     "66-3-6. TEMPORARY REGISTRATION PERMITS, [AND] DEMONSTRATION [PLATES] PERMITS AND TRANSPORT PERMITS.--

          A. The department may issue a temporary registration permit to individuals to operate a vehicle pending action by the department upon an application for registration and certificate of title or renewal of registration when the application is accompanied by the proper fees and taxes. The temporary registration permit shall be valid for a period not to exceed thirty business days from the day it is validated by the department. Temporary registration permits shall not be extended nor another issued except for good cause shown.

          B. The department may issue a [temporary] demonstration permit to individuals and financing institutions to operate a vehicle for the purpose of demonstrating the vehicle for resale. The [temporary] demonstration permit shall be valid for a period not to exceed five business days from the day it is validated by the department. [Temporary] Demonstration permits shall not be extended nor another issued except for good cause shown.

          C. The department may issue a [temporary] transport permit to a manufacturer of vehicles or transporter of manufactured homes for the purpose of demonstrating or transporting the vehicle to a dealer's location. The [temporary] transport permit shall be valid for a period not to exceed ten business days, shall state the number of days for which the transport permit is valid and shall be validated by the signature of the manufacturer or transporter. [Temporary] Transport permits shall not be extended nor another issued except for good cause shown.

          D. The department shall issue [or authorize the issuance of temporary transportation] transport permits to dealers licensed pursuant to Section 66-4-1 NMSA 1978. [Temporary transportation] Transport permits shall be used only on vehicles held in the inventory of the dealer to whom the transport permits are issued. The transport permits shall be used only for importing vehicles into this state or for transporting vehicles between dealers intrastate. Use of [the] transport permits pursuant to this section shall be deemed compliance with the requirements of Section 66-3-4 NMSA 1978. The transport permits shall be valid for not more than five [additional] business days from the date of validation. [Temporary transportation] Transport permits shall:

                (1) name the dealer to whom the transport permits are issued;

                (2) name the authorized driver of the vehicle;

                (3) show the point of origin and termination of the trip covered by the transport permit; and

                (4) be signed and dated by the dealer who executed the transport permit.

          E. The department shall issue [or authorize the issuance of] temporary [retail-sale] registration permits to dealers licensed pursuant to Section 66-4-1 NMSA 1978. Temporary [retail-sale] registration permits shall be used only on vehicles sold at retail by the dealer to whom the temporary registration permits are issued and shall not be extended nor another issued for the same vehicle except for good cause shown. Use of the temporary registration permits pursuant to this section shall be deemed compliance with the provisions of Section 66-3-4 NMSA 1978. The temporary registration permits shall be valid for not more than thirty [additional] days from the date of validation. Temporary [retail-sale] registration permits shall:

                (1) name the dealer to whom the temporary registration permits are issued;

                (2) name the person to whom the vehicle has been sold; and

                (3) be signed and dated by the dealer who executed the temporary registration permit.

          F. The department shall issue [or authorize the issuance of temporary] demonstration [plates] permits to dealers licensed pursuant to Section 66-4-1 NMSA 1978. [Temporary] Demonstration [plates] permits shall be used only on vehicles included in the inventory of the dealer to whom the [temporary plates] demonstration permits are issued. The [temporary plates] demonstration permits shall be used to allow the operation of vehicles for the limited purposes of testing, demonstrating or preparing a vehicle for sale or lease. [Temporary] Demonstration [plates] permits may not be used on work or service vehicles, as that term is defined in Section 66-3-401 NMSA 1978, that are owned, used or held in inventory by a dealer. Use of the [temporary plates] demonstration permits pursuant to this section shall be deemed compliance with the provisions of Section 66-3-4 NMSA 1978. A [temporary] demonstration [plate] permit, after being affixed to a specific vehicle, shall be valid for as long as the vehicle is held in the dealer's inventory. [dealer who uses temporary demonstration plates is required to maintain a list showing the plate assigned to each specific vehicle and make that list available to the department during normal business hours. Temporary] A dealer who uses demonstration permits is required to maintain a list showing the date on which the dealer assigned the permit to a vehicle and the name and a description of the vehicle, including its make, model, model year and vehicle identification number. A dealer shall maintain the list for three years from the end of the year in which the dealer issued the permit and must make it available to the department or its agents and to law enforcement officers during reasonable business hours. When a vehicle is sold, the dealer shall keep demonstration permits with other records of the sale. A demonstration [plates] permit shall:

                (1) name the dealer to whom the [plates are] demonstration permit is issued; and

                (2) display a unique identification number assigned by the department.

          G. [In lieu of issuing temporary transportation permits, temporary retail-sale permits or temporary demonstration plates to dealers] The department may authorize in writing dealers licensed pursuant to Section 66-4-1 NMSA 1978 to print and use at their own cost [temporary] demonstration permits [or plates to be used] in conformance with the provisions of [Subsections D, E and] Subsection F of this section, subject to reasonable requirements established by the department.

          H. The department may authorize agents of the division, in writing, to print and issue demonstration permits to be used by dealers in conformance with the provisions of Subsection F of this section, subject to reasonable requirements established by the department. Agents who issue demonstration permits shall maintain a list showing the date on which the permit was issued and the name of the dealer to whom it was issued. Agents shall maintain the list for three years from the end of the year in which they issued the permit and shall make it available to the department or its agents, and to law enforcement officers, during reasonable business hours. A demonstration permit shall:

                (1) name the dealer to whom the permit is issued; and

                (2) display a unique identification number assigned by the department.

          [H.] I. The department shall prescribe the size, shape and content of all temporary registration permits, [and plates] demonstration permits and transport permits authorized by this section. [No] A temporary registration permit, [or plate] demonstration permit or transport permit is not valid until affixed to the vehicle for which it is validated in a manner prescribed by the department.

          [I.] J. For the misuse of [any] a temporary registration permit, [or plate] demonstration permit or transport permit authorized by this section by an individual, financing institution, manufacturer of vehicles, transporter of manufactured homes, dealer [wrecker or dismantler] or auto recycler, the secretary may revoke or suspend [their] the use of that type of permit after a hearing as provided in Section 66-2-17 NMSA 1978.

          [J.] K. The department shall collect [an] the administrative fee [of fifty cents ($.50)] imposed in Section 66-2-16 NMSA 1978 in addition to the actual cost of the temporary registration permit, [document or plate] demonstration permit or transport permit for each [temporary] permit [or plate] issued by the department pursuant to this section to individuals, financial institutions, manufacturers, transporters [wreckers or dealers pursuant to this section] or auto recyclers.

          [K.] L. The department may issue [temporary transportation permits] temporary [retail-sale] registration permits, [and temporary] demonstration [plates] permits and transport permits to dealers in units of not less than one hundred [permits] at a fee established by the department to cover the actual cost of the [permit or plate documents. No] permits. An administrative fee shall not be charged by the department when [temporary] permits [or plates] are issued by the department pursuant to the provisions of this subsection.

          [L.] M. The fees authorized by Subsections [J] K and [K] L of this section to cover the actual cost of the [temporary permit document or plate] permits are appropriated to the department to defray the costs of administering the [temporary permit and plate] permits program. The department shall remit the administrative fee revenues of this section to the motor vehicle suspense fund to be distributed in accordance with Section 66-6-23 NMSA 1978."

     Section 18. Section 66-3-16 NMSA 1978 (being Laws 1978, Chapter 35, Section 36, as amended) is amended to read:

     "66-3-16. [SPECIAL] DISTINCTIVE REGISTRATION PLATES--[DISABLED] PERSONS WITH SIGNIFICANT MOBILITY LIMITATION--PARKING PLACARD.--

          A. The division shall issue distinctive registration plates [to any disabled person] for use on motor vehicles and motorcycles owned by a person with a significant mobility limitation who [so] requests a distinctive registration plate and who proves satisfactorily to the division that [he has suffered the loss, or the complete and total loss of use of, one or both legs at or above the ankle or of one or both arms at or above the wrist for use on motor vehicles owned by the person] the person meets the standard provided in Subsection I of this section. No fee in addition to the regular registration fee, if any, applicable to the motor vehicle or motorcycle shall be collected for issuance of [special] distinctive registration plates pursuant to this section.

          B. No person shall falsely [represent himself to be disabled] claim to have a significant mobility limitation so as to be eligible to be issued a [special] distinctive registration plate or a parking placard pursuant to this section when [he is in fact not disabled] the person does not in fact have a significant mobility limitation. Upon notice and opportunity to be heard, the division may revoke and demand return of any placard when:

                (1) it was issued in error or with false information;

                (2) the person receiving the placard is no longer eligible; or

                (3) the placard is being used by ineligible persons.

          C. Upon written application to the division accompanied by a medical statement by a licensed physician attesting to the permanent [disability] significant mobility limitation, a resident of the state who has a [disability that limits or impairs the ability to walk] significant mobility limitation, as provided in [Subsection G of] this section, may apply for and be [granted the issuance of] issued no more than two parking placards for display upon a motor vehicle registered to [him] the person or motor vehicle owned by another person who is transporting [him] the person with a significant mobility limitation. The physician shall provide the division all information and records necessary to issue a permanent parking placard. Once approved for use of a permanent parking placard, a person with a significant mobility limitation shall not be required to furnish further medical information [about his mobility impairment].

          D. A parking placard issued pursuant to this section shall expire on the same date the person's license or identification card issued pursuant to Section 66-5-401 NMSA 1978 expires.

          E. The division shall issue two-sided hanger-style parking placards with the following characteristics:

                (1) a picture of the international symbol of access; [shall be displayed on both sides of the placard and shall be at least three inches in height, centered on the placard and white on a blue field;

                (2) an identification number enabling the division to identify the holder of each placard. The division shall maintain this information in a readily retrievable format, provide it to the governor's committee on concerns of the handicapped and make it available on demand to any law enforcement agency just as it provides vehicle registration and driver's license information;

                (3) the date of expiration; and

                (4) the division seal or other identification of the issuing authority]

                (2) a hologram to make duplication difficult;

                (3) an imprinted expiration date; and

                (4) a full-face photograph of the holder on the inside of the placard covered by a flap.

          F. The division shall consult with the governor's commission on disability for continued issuance and format of the placard.  

          G. The division may issue an identification card containing a full-face photograph of the holder of the registration plate or parking placard and the number of the registration plate or parking placard issued to that person.

          [F.] H. Upon written application to the division accompanied by a medical statement from a licensed physician attesting to a temporary [disability] significant mobility limitation, a person [who has a temporary disability that limits or impairs the ability to walk] may be issued a temporary placard for no more than one year. The physician shall provide the division all information and records necessary to issue a temporary placard.

          [G. For the purpose of obtaining a placard, a person with a "severe mobility impairment" means the person:

                (1) cannot walk one hundred feet without stopping to rest;

                (2) cannot walk without the use of a brace, a cane, a crutch, assistance from another person, a prosthetic device, a wheelchair or another assistive device;

                (3) is restricted by lung disease to such an extent that the person's forced respiratory volume, when exhaling for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty millimeters on room air at rest;

                (4) uses portable oxygen;

                (5) has a severe cardiac condition; or

                (6) is so severely limited in his ability to walk due to an arthritic, neurologic or orthopedic condition that the person cannot ascend or descend more than ten stair steps.

          H. Special] I. Registration plates or parking placards issued to a person with [severe] a significant mobility [impairment] limitation by another state or foreign jurisdiction shall be honored until the motor vehicle or motorcycle is registered or the parking placard holder establishes residency in this state.

          [I. All parking placards issued on or after July 1, 1999 shall be issued in accordance with the provisions of this section.]

          J. A person with a significant mobility limitation means a person who:

                (1) cannot walk one hundred feet without stopping to rest;

                (2) cannot walk without the use of a brace, cane or crutch or without assistance from another person, a prosthetic device, a wheelchair or other assistive device;

                (3) is restricted by lung disease to such an extent that the person's forced respiratory volume, when exhaling for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty millimeters on room air at rest;

                (4) uses portable oxygen;

                (5) has a severe cardiac condition; or

                (6) is so severely limited in the ability to walk due to an arthritic, neurologic or orthopedic condition that the person cannot ascend or descend more than ten stair steps."

     Section 19. Section 66-3-16.1 NMSA 1978 (being Laws 1995, Chapter 129, Section 2, as amended) is amended to read:

     "66-3-16.1. PROHIBITED ACTS--PENALTIES.--

          A. Any person who provides false information in order to acquire, or who assists an unqualified person to acquire, a special registration plate or parking placard as provided in Section 66-3-16 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          B. Any person, other than the person to whom a special registration plate or a parking placard was issued, who in the absence of the holder of the plate or placard, parks in a designated [disabled] accessible parking space for persons with significant mobility limitation while displaying the plate or placard, is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. A special registration plate or parking placard displayed on a vehicle parked in a designated [disabled] accessible parking space for persons with significant mobility limitation in the absence of the holder of that plate or placard is subject to immediate seizure by a law enforcement official and if seized shall be delivered to the division within seventy-two hours. Failure to surrender the parking placard on demand of a law enforcement officer is a petty misdemeanor and punishable by a fine not to exceed one hundred dollars ($100)."

     Section 20. Section 66-3-18 NMSA 1978 (being Laws 1978, Chapter 35, Section 38, as amended) is amended to read:

     "66-3-18. DISPLAY OF REGISTRATION PLATES AND TEMPORARY REGISTRATION PERMITS [AND PLATES]--DISPLAYS PROHIBITED AND ALLOWED.--

          A. The registration plate shall be attached to the rear of the vehicle for which it is issued; however, the registration plate shall be attached to the front of a road tractor or truck tractor. The plate shall be securely fastened at all times in a fixed horizontal position at a height of not less than twelve inches from the ground, measuring from the bottom of the plate. It shall be in a place and position so as to be clearly visible, and it shall be maintained free from foreign material and in a condition to be clearly legible.

          B. [Temporary] A demonstration [plates and] or temporary registration [permits] permit shall be firmly affixed to the inside left rear window of the vehicle to which it is issued, unless such display presents a safety hazard or the demonstration or temporary registration permit is not visible or readable from that position, in which case, the demonstration or temporary registration permit shall be displayed in such a manner that it is clearly visible from the rear or left side of the vehicle.

          C. No vehicle while being operated on the highways of this state shall have displayed either on the front or the rear of the vehicle any registration plate, including [tab or] validating sticker, other than one issued or validated for the current registration period by the department or any other licensing authority having jurisdiction over the vehicle. No expired registration plate [tab] or validating sticker shall be displayed on the vehicle other than an expired special registration plate, which may be exhibited on the front of the vehicle.

          D. Nothing contained in this section shall be construed as prohibiting the use of a promotional or advertising plate on the front of the vehicle."

     Section 21. Section 66-3-20.1 NMSA 1978 (being Laws 1988, Chapter 94, Section 1, as amended) is amended to read:

     "66-3-20.1. PROVIDING FOR EXTENDED REGISTRATION PERIODS FOR CERTAIN MOTOR VEHICLES--CREDIT FOR UNEXPIRED PORTION OF FEE.--

          A. [Registrations of] All vehicles, motorcycles or trucks with a declared gross weight of twenty-six thousand pounds or less may be registered for a period of [up to] two years; provided the [extended] two-year registration period shall begin on the first day of any month and expire on the last day of any month.

          B. The fee for [an extended] a two-year registration [period] shall be twice the fee for a one-year registration. [for one year divided by four and multiplied by the number of calendar quarters in the registration period with any fraction of a quarter year to be considered a full quarter.

          C. A refund shall not be permitted for the first year of registration. A refund shall be permitted during the second year of registration for a quarter during which a person applying for the refund did not own the vehicle for which the refund is requested.

          D.] C. If the owner of a vehicle that is registered for [an extended registration period] two years sells, transfers or assigns title to or interest [to] in the vehicle within the first year of registration and applies to have the registration number assigned to another vehicle pursuant to Section 66-3-101 NMSA 1978, upon assignment, [a credit amount representing the unexpired portion] the person may apply for a refund of one-half of the two-year registration fee [plus an administrative fee to be determined by the department shall be applied, on a pro rata basis, to the registration fee for the vehicle to which the registration number is assigned]."

     Section 22. Section 66-3-21 NMSA 1978 (being Laws 1978, Chapter 35, Section 41) is amended to read:

     "66-3-21. VEHICLE EXCEEDING DECLARED GROSS WEIGHT.--

          A. Except as otherwise provided by law, a vehicle or combination shall not be operated upon the public highways of this state when the gross vehicle weight or [combination] gross combination vehicle weight exceeds the declared gross weight. Any person violating the provisions of this section shall be:

                (1) assessed a penalty for the lapsed portion of the registration period in an amount equal to the difference between the fee for the declared gross weight and the fee for the gross vehicle weight or [combination] gross combination vehicle weight at which the vehicle or combination was weighed; and

                (2) required to register the vehicle or combination at the higher declared gross weight in accordance with the weight at the time of the violation for the remainder of the registration period and to pay [the] that fee [therefore].

          B. Such registration shall not be construed to authorize the movement of loads in violation of the state's size and weight laws."

     Section 23. Section 66-3-24 NMSA 1978 (being Laws 1978, Chapter 35, Section 44, as amended) is amended to read:

     "66-3-24. LOST OR DAMAGED CERTIFICATES, REGISTRATION EVIDENCE OR PLATES.--

          A. In the event any registration evidence or registration plate is lost, mutilated or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which the registration evidence or registration plate was issued as shown by the records of the division shall immediately make application for and may obtain a duplicate [or a substitute] or a new registration under a new registration number as determined to be the most advisable by the division upon the applicant furnishing information satisfactory to the division.

          B. In the event any certificate of title is lost, mutilated or becomes illegible, the owner or legal representative or successor in interest of the owner of the boat required to be titled under the provisions of the Boat Act or the vehicle for which the certificate of title was issued as shown by the records of the division shall immediately make application for and may obtain a duplicate upon the applicant furnishing information satisfactory to the division. In the event a lien or encumbrance is filed of record with the division, the division shall require the application for the duplicate certificate of title to be signed by the holder of the lien or encumbrance. Upon issuance of any duplicate certificate of title, the previous certificate last issued is void.

          C. In the absence of the regularly required supporting evidence of ownership upon application for certificate of title, registration or transfer of a boat required to be titled under the provisions of the Boat Act or a vehicle, the division may accept an undertaking or surety bond, in an amount double the value of the boat or vehicle, which shall be conditioned to protect the department and all officers and employees of the department and any subsequent purchaser of the boat or vehicle, any person holding or acquiring a lien or security interest on the boat or vehicle or the successor in interest of the purchaser or person against any loss or damage on account of any defect in or undisclosed claim upon the right, title and interest of the applicant or other person in and to the boat or vehicle. The bond shall run to the true owner or the lienholder. The bond shall expire three years after the date it became effective."

     Section 24. Section 66-3-101 NMSA 1978 (being Laws 1978, Chapter 35, Section 48, as amended) is amended to read:

     "66-3-101. TRANSFER BY OWNER--RECORDATION OF MILEAGE OF VEHICLE--USE OF THE PLATE AND REGISTRATION NUMBER ON ANOTHER VEHICLE.--

          A. When the owner of a registered vehicle sells, transfers or assigns [his] the owner's title to or interest in, and delivers the possession of, the vehicle to another, the registration of the vehicle shall expire [except as provided in Subsection B of this section]. The previous owner shall notify the division of the sale or transfer giving the date thereof, the name and address of the new owner and such description of the vehicle as may be required in the appropriate form provided for such purpose by the division. In the case of any transfer, including but not limited to a transfer resulting from a sale, lease, gift or auction of any vehicle, the person making the transfer shall sign and shall record on the document evidencing the transfer of the vehicle the actual mileage of the vehicle as indicated by the vehicle's odometer at the time of the transfer.

          B. When the owner of a registered vehicle sells, transfers or assigns title to or interest in the vehicle, the owner shall remove the registration plates from the vehicle, except as provided in Subsection C of this section, and [within thirty days from the date of transfer] either forward the registration plates to the division or its authorized agent to be destroyed or [may] apply to have the plate and the registration number assigned to another vehicle [as provided for in Section 66-3-104 NMSA 1978, upon the payment of the difference, if any, between the paid registration fee and the new registration fee less a credit amount, if applicable, representing the unexpired portion of the registration fee as provided in Section 66-3-20.1 NMSA 1978 and the transfer fee provided by law and subject to the rules of the division] of the same class. The division may assign the plate and registration number to the newly acquired vehicle of the same class only upon payment of the registration fee, if applicable, and only if the application is made in the name of the original registered owner, unless the owner's name has been changed by marriage, divorce or court order.

          C. When the owner of a vehicle bearing a current registration plate of a foreign state, territory or country transfers or assigns [his] the owner's title or interest in the vehicle, the foreign registration plate shall be delivered, together with the title to the vehicle and evidence of registration, to the division or its authorized agent at the time application is made for a New Mexico registration plate, except when the assignment or transfer of the title is to a bona fide resident of the foreign state, territory or country in which the vehicle is registered.

          D. The registration plate shall not be displayed on the newly acquired vehicle until the registration of the vehicle has been completed and a new registration certificate issued. However, the temporary registration permit issued for the vehicle by the dealer pursuant to the provisions of Section 66-3-6 NMSA 1978 shall be displayed in accordance with Subsection B of Section 66-3-18 NMSA 1978."

     Section 25. Section 66-3-107 NMSA 1978 (being Laws 1978, Chapter 35, Section 54, as amended) is amended to read:

     "66-3-107. DUTIES OF SELLER OR TRANSFEROR--ADDITIONAL DUTIES OF DEALERS--APPLICATION FOR [TRANSFER] REGISTRATION--PENALTY--MILEAGE OF VEHICLE.--

          A. Any seller or transferor, including a dealer, of a vehicle required to be registered pursuant to the Motor Vehicle Code shall furnish to the purchaser upon delivery the necessary title properly assigned and shall inform the purchaser that application for [transfer] registration must be filed with the department within thirty days of the date of sale. When a dealer licensed pursuant to Section 66-4-1 NMSA 1978 allows a vehicle to be purchased over a period of time pursuant to an expressed or implied contract and elects to retain a security interest in the vehicle, the dealer shall collect the necessary [transfer] registration fees from the purchaser upon delivery of the vehicle and shall, within thirty days, pay all [transfer] registration fees due on the vehicle to the department and shall give to the new purchaser the new registration certificate in the purchaser's name.

          B. Every dealer, upon transferring by sale, lease or otherwise any vehicle, whether new or used, of a type subject to registration pursuant to the Motor Vehicle Code shall give written notice of the transfer to the department upon an appropriate form provided by the department.

          C. Except as otherwise provided in this [subsection] section, the dealer shall indicate on the form the actual mileage of the vehicle as indicated by the vehicle's odometer at the time of the transfer.

          D. A sale shall be deemed completed and consummated when the purchaser of that vehicle has paid the purchase price or, in lieu thereof, has signed a purchase contract or security agreement and taken physical possession or delivery of that vehicle.

          E. Failure to apply for [transfer] assignment of registration and issuance of a new certificate of title within thirty days from the date of sale, transfer or assignment of a vehicle subjects the [transferee] owner of the newly acquired vehicle to a penalty of twenty dollars ($20.00), which shall be collected by the department and shall be in addition to other fees and penalties provided by law."

     Section 26. Section 66-3-118 NMSA 1978 (being Laws 1978, Chapter 35, Section 65) is amended to read:

     "66-3-118. MANUFACTURER'S CERTIFICATE OF ORIGIN--TRANSFER OF VEHICLE NOT PREVIOUSLY REGISTERED.--

          A. Whenever a manufacturer or the agent or distributor of [such] a manufacturer [shall transfer] transfers a vehicle, not previously registered, to a dealer in this state, the manufacturer, agent or distributor at the time of transfer of the vehicle shall deliver to the dealer a manufacturer's certificate of origin. [Such] The certificate shall be signed by the manufacturer and shall specify that the vehicle described [therein] has been transferred to the dealer named [therein] and that [such] the transfer is the first transfer of the vehicle in ordinary trade and commerce.

          B. The certificate shall contain a description of the vehicle, number of cylinders, type of body, engine number, serial number or other standard identification number provided by the manufacturer of the vehicle and space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States.

          [B.] C. Any dealer when transferring a vehicle, not previously registered, to another dealer shall, at the time of transfer, give the transferee the proper manufacturer's certificate of origin fully assigned to the transferee.

          [C.] D. When a vehicle not previously registered is transferred to a dealer who does not hold a franchise granted by the manufacturer of the vehicle to sell that type or model of vehicle, the transferee must obtain a registration of the vehicle and certificate of title but shall not be required to pay the excise tax imposed by Section [64-6-27 NMSA 1953] 7-14-3 NMSA 1978."

     Section 27. Section 66-3-302 NMSA 1978 (being Laws 1978, Chapter 35, Section 78, as amended) is amended to read:

     "66-3-302. CARAVAN FEE.--

          A. A person or an employee, agent or representative of that person shall not use the highways of New Mexico for the transportation of any vehicle, regardless of whether the vehicle is registered in another state or whether the vehicle is transported on its own wheels or on another vehicle or by being drawn or towed behind another, if the vehicle is transported by any person or the agents or employees of that person engaged in the business of transporting vehicles or if the vehicle is being transported for the purpose of delivery to any purchaser of the vehicle on a sale or contract of sale previously made, unless the vehicle carries:

                (1) a valid New Mexico registration plate;

                (2) a valid dealer's plate issued by the department;

                (3) a special permit for the use of the highways of this state for the transportation of the vehicle in the manner in which the vehicle is being transported, which has first been obtained and the fee paid as specified in this section; or

                (4) a valid temporary transportation permit issued under Subsection B of Section 66-3-6 NMSA 1978.

          B. Special permits for the use of the highways of this state for the transportation of such vehicles shall be issued by the department of public safety upon application on the form prescribed by the department of public safety and upon payment of a fee of ten dollars ($10.00) for each vehicle transported by use of its own power and a fee of seven dollars ($7.00) for each vehicle carried in or on another vehicle or towed or drawn by another vehicle and not transported in whole or in part by the use of its own power. A fee imposed pursuant to this section may be referred to as a "caravan fee". Every permit shall show upon its face the registration number assigned to each vehicle, the name and address of the owner, the manner of transportation authorized and a description of the vehicle registered, including the engine number. The permit shall be carried at all times by the person in charge of the vehicle. A suitable tag or placard for each vehicle may be issued by the department of public safety and, if issued, shall be at all times displayed on each vehicle being transported. The permit, tag or placard shall not be used upon or in connection with the transportation of any vehicle other than the one for which the permit, tag or placard is issued.

          C. A caravan fee shall not apply to the transportation of vehicles carried on another vehicle for the operation of which a weight distance tax is paid, nor shall the vehicle transported be required to carry a registration plate or temporary transportation permits. The motor transportation [division of the department] and the New Mexico state police divisions of the department of public safety are authorized to impound any vehicle transported in violation of the Motor Transportation Act until a proper permit has been secured and any fine levied has been paid."

     Section 28. Section 66-3-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 80, as amended) is amended to read:

     "66-3-401. OPERATION OF VEHICLES UNDER [SPECIAL] DEALER PLATES.--

          A. Any vehicle that is required to be registered pursuant to the Motor Vehicle Code and that is included in the inventory of [an auto recycler or] a dealer may be operated or moved upon the highways for any purpose, provided that the vehicle display in the manner prescribed in Section 66-3-18 NMSA 1978 a [special] unique plate issued to the dealer [or auto recycler] as provided in Section 66-3-402 NMSA 1978. This subsection shall not be construed as limiting the use of temporary registration permits issued to dealers pursuant to Section 66-3-6 NMSA 1978. Each dealer plate shall be issued for a specific vehicle in a dealer's inventory. If a dealer wishes to use the plate on a different vehicle, the dealer must reregister that plate to the different vehicle.

          B. The provisions of this section do not apply to work or service vehicles used by [an auto recycler or] a dealer. For the purposes of this subsection, "work or service vehicle" includes any vehicle used substantially as a:

                (1) parts or delivery vehicle;

                (2) vehicle used to tow another vehicle;

                (3) courtesy shuttle; or

                (4) vehicle loaned to customers for their convenience.

          C. Each vehicle included in a dealer's inventory required to be registered pursuant to the provisions of Subsection A of this section must conform to the registration provisions of the Motor Vehicle Code, but is not required to be titled pursuant to the provisions of that code. When a vehicle is no longer included in a dealer's inventory, and is not sold or leased to an unrelated entity, the dealer must title the vehicle and pay the motor vehicle excise tax that would have been due when the vehicle was first registered by the dealer.

          D. In lieu of the use of [special] dealer plates pursuant to this section, a dealer [or auto recycler] may register and title a vehicle included in a dealer's inventory in the name of the dealer [or auto recycler] upon payment of the registration fee applicable to that vehicle, but without payment of the motor vehicle excise tax, provided the vehicle is subsequently sold or leased in the ordinary course of business in a transaction subject to the motor vehicle excise tax or the leased vehicle gross receipts tax."

     Section 29. Section 66-3-401.1 NMSA 1978 (being Laws 1998, Chapter 48, Section 9, as amended) is amended to read:

     "66-3-401.1. USE OF VEHICLES WITH [SPECIAL] DEALER PLATES BY COACHES AND ATHLETIC DIRECTORS.--

          A. Pursuant to Section 66-3-401 NMSA 1978, a dealer may register a vehicle in the name of the dealer for the purpose of providing the use of a vehicle from the inventory of the dealer to a full-time coach or athletic director at any state-supported four-year institution of higher education in New Mexico.

          B. A vehicle that a dealer elects to register pursuant to Subsection A of this section is not required to be titled pursuant to the provisions of the Motor Vehicle Code, but the vehicle must be included in the driver's inventory for Internal Revenue Code of 1986 purposes and transferred to the full-time coach or athletic director under conditions that require the dealer to report the value of the use of the vehicle as income to the full-time coach or athletic director.

          C. The number of vehicles registered and used pursuant to the provisions of this section shall be excluded when determining compliance with the maximum number of [special] dealer plates allowed pursuant to Subsection B of Section 66-3-402 NMSA 1978."

     Section 30. Section 66-3-402 NMSA 1978 (being Laws 1978, Chapter 35, Section 81, as amended) is amended to read:

     "66-3-402. APPLICATION FOR [SPECIAL] DEALER PLATES.--

          A. [An auto recycler or] A dealer may apply to the department [upon] on the appropriate form for one or more [special] dealer plates. The applicant shall submit proof of being a bona fide [auto recycler or] dealer as may reasonably be required by the department.

          B. The maximum number of [special] dealer plates for which a dealer of new or used motor vehicles or motorcycles may apply pursuant to this section shall be:

                (1) for a dealer who sold in the previous calendar year five or more but fewer than fifty vehicles, one plate;

                (2) for a dealer who sold in the previous calendar year more than fifty but fewer than one hundred vehicles, three plates;

                (3) for a dealer who sold in the previous calendar year more than one hundred but fewer than five hundred vehicles, five plates; and

                (4) for a dealer who sold in the previous calendar year five hundred or more vehicles, ten plates.

          [C. The maximum number of special dealer plates for which an auto recycler may apply pursuant to this section shall be:

                (1) for an auto recycler who wrecked or dismantled three or more but fewer than fifty vehicles, one plate;

                (2) for an auto recycler who wrecked or dismantled fifty or more but fewer than one hundred vehicles, three plates;

                (3) for an auto recycler who wrecked or dismantled one hundred or more but fewer than five hundred vehicles, five plates; and

                (4) for an auto recycler who wrecked or dismantled five hundred vehicles or more, ten plates.

          D.] C. A dealer [or auto recycler] shall be entitled to five plates in the first calendar year in which it begins business. A dealer [or auto recycler] who is licensed pursuant to the provisions of Section 66-4-1 NMSA 1978 on or after August 1 of any calendar year shall also be entitled to five plates in the calendar year following the year in which it is first licensed to do business.

          [E.] D. The department upon granting application shall issue to the applicant a certificate containing the applicant's name and address and the numbers of the [special] dealer plates assigned to the applicant."

     Section 31. Section 66-3-403 NMSA 1978 (being Laws 1978, Chapter 35, Section 82, as amended) is amended to read:

     "66-3-403. EXPIRATION OF [SPECIAL] DEALER PLATES.--Every [special] dealer plate issued pursuant to Section 66-3-402 NMSA 1978 expires at midnight on December 31 of each year. Upon payment of the proper fee, the person to whom the [special] dealer plate was issued may apply to the department for a new plate or validating sticker for the ensuing year. Renewal of all [special] dealer plates shall be on or before December 31. It is a misdemeanor pursuant to the Motor Vehicle Code to operate a vehicle with a [special] dealer plate that has expired."

     Section 32. Section 66-3-404 NMSA 1978 (being Laws 1978, Chapter 35, Section 83, as amended) is amended to read:

     "66-3-404. [SPECIAL VEHICLE-BUSINESS] DEALER PLATES NOT TRANSFERABLE.--

          A. [Special vehicle-business] Dealer plates [issued to a manufacturer, auto recycler or dealer] are not transferable between dealers.

          B. Whenever [the holder of special vehicle-business plates] a dealer ceases operation for any reason, the [current special vehicle-business plates issued to him shall be surrendered to the division] dealer shall surrender to the division any dealer plates issued to the dealer."

     Section 33. Section 66-3-408 NMSA 1978 (being Laws 1978, Chapter 35, Section 87) is amended to read:

     "66-3-408. SPECIAL REGISTRATION PLATES FOR RECREATIONAL VEHICLES.--All recreational vehicles registered in New Mexico shall carry a special registration plate [designating them as such], including any armed forces veteran plate, disabled veteran plate, purple heart plate, medal of honor plate, ex-prisoner of war plate, Pearl Harbor survivor plate or patriot plate. The color and design of [such] the plates shall be at the discretion of the director [of the division]."

     Section 34. Section 66-3-840 NMSA 1978 (being Laws 1978, Chapter 35, Section 146) is amended to read:

     "66-3-840. BRAKES.--

          A. Brake equipment is required as follows:

                (1) every motor vehicle other than a motorcycle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold [such] the vehicle, including two separate means of applying the brakes, each of which [means shall be] is effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism [shall] does not leave the motor vehicle without brakes on at least two wheels;

                (2) every motorcycle when operated upon a highway shall be equipped with at least two brakes [which] that may be operated by hand or foot;

                (3) every bus, truck, truck tractor, road tractor, trailer and semitrailer and pole trailer shall be equipped with brakes on all wheels in contact with road surfaces except:

                     (a) trailers, semitrailers and pole trailers of a gross vehicle weight of less than three thousand pounds;

                     (b) any vehicle being towed in a driveaway-towaway operation; provided, the combination of vehicles is capable of complying with the performance requirements of Subsection B of this section;

                     (c) trucks, truck tractors and road tractors having three or more axles need not have brakes on the front wheels except when [such] the vehicles are equipped with at least two steerable axles, the wheels of one [such] axle need not be equipped with brakes;

                     (d) house-moving dollies subject to regulations adopted by the secretary of transportation under the Motor Transportation Act; and

                     (e) motor vehicles of the types named in [this section hereinabove, heretofore] Paragraphs (1) through (3) of this subsection manufactured prior to July 1, 1963;

                (4) every house trailer of a gross vehicle weight in excess of three thousand pounds registered in [the] this state shall be equipped with brakes on at least two wheels in contact with road surfaces. Every house trailer of a gross vehicle weight of three thousand pounds or more when operated upon a highway or roadway shall be equipped with brakes adequate to control the movement of and to stop and to hold [such] the vehicle and so designed as to be applied by the driver of the towing motor vehicle;

                (5) every bus, truck, road tractor or truck tractor shall be equipped with parking brakes capable of locking the rear driving wheels and adequate under any condition of loading to hold, to the limit of traction of [such] the braked wheels, [such] the vehicle or combination of vehicles to which [such] the motor vehicle may be attached. The operating controls of [such] the parking brakes shall be independent of the operating controls of the service brakes;

                (6) in any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes of any trailer equipped with brakes in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate, or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes, or both of the above means capable of being used alternatively may be employed; and

                (7) the brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

          B. Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times, and under all conditions of loading, of being stopped on a dry, smooth, level road, free from loose material, upon application of the service brake within the distance specified [below] in this subsection or shall be capable of being decelerated at a sustained rate corresponding to these distances:

                           Feet to stop from    Deceleration

                           20 miles per         in feet per

                           hour               second

Vehicles or combinations

of vehicles having brakes 

on all wheels. . . . . . . . . 30 14

Vehicles or combinations

of vehicles not having

brakes on all wheels. . . . . .40 10.7.

          C. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle."

     Section 35. Section 66-3-847 NMSA 1978 (being Laws 1978, Chapter 35, Section 153, as amended) is amended to read:

     "66-3-847. RESTRICTIONS AS TO TIRE EQUIPMENT.--

          A. When [the] use [thereof] is permitted, every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one-inch thick above the edge of the flange of the entire periphery.

          B. A person shall not operate or move on a highway a motor vehicle, trailer or semitrailer having any [metal] tire surface in contact with the roadway that is wholly or partly of metal or other hard nonresilient material, except [that for the purposes of the Motor Vehicle Code] a snow tire with metal studs designed to increase traction on ice or snow [shall not be considered a metal tire].

          C. No tire on a vehicle moved on a highway shall have on its periphery [any] a block, flange, cleat or spike or any other protuberance of any material other than rubber that projects beyond the tread of the traction surface of the tire. [except that] However, it shall be permissible to use farm machinery with tires having protuberances that will not injure the highway and [except also that it shall be permissible to use] tire chains of reasonable proportions or snow tires with metal studs designed to increase traction on ice or snow upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid.

          D. The state transportation commission and local authorities, in their respective jurisdictions, may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery [the operation of which upon a highway] that would otherwise be prohibited under the Motor Vehicle Code.

          E. A vehicle equipped with solid rubber or cushion tires shall not be permitted upon any highway of this state without special permission [first being granted by] from the state transportation commission or the local authority having jurisdiction over the highway affected, and in no event may any such vehicle be operated at a speed in excess of that specified by law."

     Section 36. Section 66-3-1004 NMSA 1978 (being Laws 1978, Chapter 35, Section 200, as amended) is amended to read:

     "66-3-1004. REGISTRATION CERTIFICATE AND NONRESIDENT PERMIT FEES--RENEWAL.--

          A. The fees for registering an off-highway motor vehicle are:

                (1) seventeen dollars ($17.00) for each off-highway motor vehicle; and

                (2) an amount determined by rule of the tourism department not to exceed thirty dollars ($30.00) for an off-highway user fee for each off-highway motor vehicle.

          B. Upon a change of ownership, the new owner shall make application and pay registration fees of:

                (1) seventeen dollars ($17.00) in the same manner as provided by rules of the division for original registration; and

                (2) an amount determined by rule of the tourism department not to exceed thirty dollars ($30.00) for an off-highway user fee for each off-highway motor vehicle.

          C. The fees for a nonresident permit of an off-highway motor vehicle are either:

                (1) seventeen dollars ($17.00) for each off-highway motor vehicle that is not registered in another state; and

                (2) an amount determined by rule of the tourism department not to exceed thirty dollars ($30.00) for an off-highway user fee for each off-highway motor vehicle that is not currently in compliance with a similar off-highway user fee law or rule in another state; or

                (3) seventeen dollars ($17.00) for a ninety-day permit to include both the off-highway motor vehicle not otherwise registered and the off-highway user fee.

          D. Except as provided in Paragraph (3) of Subsection C of this section, each registration certificate and nonresident permit shall be:

                (1) good for two years after the month in which the off-highway motor vehicle is registered or the permit is issued; and

                (2) renewed every two years.

          E. The off-highway user fee for each off-highway motor vehicle shall be paid upon obtaining and renewing each registration certificate or nonresident permit.

          F. Duplicate registration certificates and nonresident permits shall be issued upon payment of a seven-dollar-fifty-cent ($7.50) fee.

          G. A fee of one dollar ($1.00) on registration certificates and nonresident permits shall be collected for the [New Mexico clean and beautiful program] litter control and beautification fund.

          H. The tourism department, in [conjuction] conjunction with the division and the department of game and fish, may establish and maintain sites to collect fees and issue permits for residents and nonresidents."

     Section 37. Section 66-3-1004.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 4) is amended to read:

     "66-3-1004.1. FEES--DISPOSITION.--

          A. Except as provided in Subsection B of this section, fees collected pursuant to Section 66-3-1004 NMSA 1978 shall be distributed as follows:

                (1) of each seventeen dollars ($17.00) collected pursuant to Paragraph (1) of Subsection A, Paragraph (1) of Subsection B or Paragraph (1) of Subsection C of Section 66-3-1004 NMSA 1978, five dollars ($5.00) is appropriated to the division [and the money is appropriated to the division] to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles. The remaining twelve dollars ($12.00) shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978;

                (2) fees collected pursuant to Paragraph (2) of Subsection A, Paragraph (2) of Subsection B or Paragraph (2) of Subsection C of Section 66-3-1004 NMSA 1978 to the fund;

                (3) fees collected pursuant to Subsection F of Section 66-3-1004 NMSA 1978 are appropriated to the division [and the money is appropriated to the division] to defray the cost of making and issuing duplicate registration certificates and nonresident permits for off-highway motor vehicles;

                (4) of each seventeen dollars ($17.00) collected pursuant to Paragraph (3) of Subsection C of Section 66-3-1004 NMSA 1978, five dollars ($5.00) is appropriated to the division [and the money is appropriated to the division] to defray the costs of making and issuing nonresident permits. The remaining twelve dollars ($12.00) shall be deposited in the fund; and

                (5) fees collected pursuant to Subsection G of Section 66-3-1004 NMSA 1978 to the tourism department for the [New Mexico clean and beautiful program] litter control and beautification fund.

          B. If fees are collected by the department of game and fish pursuant to Paragraph (1) of Subsection A, Paragraph (1) of Subsection B or Paragraphs (1) and (3) of Subsection C of Section 66-3-1004 NMSA 1978, seven dollars ($7.00) shall be deposited in the game protection fund, five dollars ($5.00) [to the division, and the money is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles, and the remaining five dollars ($5.00)] shall be deposited in the motor vehicle suspense fund for distribution pursuant to Section 66-6-23 NMSA 1978 and the remaining five dollars ($5.00) is appropriated to the division to defray the cost of making and issuing registration certificates, validating stickers and nonresident permits for off-highway motor vehicles."

     Section 38. Section 66-3-1102 NMSA 1978 (being Laws 2002, Chapter 38, Section 1) is amended to read:

     "66-3-1102. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES--STANDARDS--OPERATOR REQUIREMENTS--APPLICABILITY--PENALTIES.--

          [A. As used in this section, "electric personal assistive mobility device" means a self-balancing device having two nontandem wheels designed to transport a single person by means of an electric propulsion system with an average power of one horsepower and with a maximum speed on a paved level surface of less than twenty miles per hour when powered solely by its propulsion system and while being ridden by an operator who weighs one hundred seventy pounds.

          B.] A. An electric personal assistive mobility device shall be equipped with:

                (1) front, rear and side reflectors;

                (2) a braking system that enables the operator to bring the device to a controlled stop; and

                (3) if operated at any time from one-half hour after sunset to one-half hour before sunrise, a lamp that emits a white light that sufficiently illuminates the area in front of the device.

          [C.] B. The [director] secretary shall by rule prescribe motor vehicle safety standards applicable to electric personal assistive mobility devices.

          [D.] C. An operator of an electric personal assistive mobility device traveling on a sidewalk, roadway or bicycle path shall have the rights and duties of a pedestrian and shall exercise due care to avoid colliding with pedestrians. An operator shall yield the right of way to pedestrians.

          [E.] D. Except as provided in this section, no other provisions of the Motor Vehicle Code shall apply to electric personal assistive mobility devices.

          [F.] E. An operator who violates a provision of [Subsection B, C or D of] this section shall receive a warning for the first offense. For a second offense, the operator shall be punished by a fine of ten dollars ($10.00). For a third or subsequent offense, in addition to the fine, the electric personal assistive mobility device shall be impounded for up to thirty days.

          [G.] F. This section does not apply to personal assistive mobility devices used by persons with disabilities."

     Section 39. Section 66-3-1103 NMSA 1978 (being Laws 2004, Chapter 7, Section 1 and Laws 2004, Chapter 96, Section 1) is amended to read:

     "66-3-1103. NEIGHBORHOOD ELECTRIC CARS.--

          A. [As used in this section] A neighborhood electric car [means a four-wheeled electric motor vehicle that:

                (1) has a maximum speed of more than twenty miles per hour but less than twenty-five miles per hour;

                (2) complies with the federal requirements specified in 49 CFR 571.500; and

                (3) is] shall be equipped with head lamps, stop lamps, front and rear turn signal lamps, tail lamps, reflex reflectors, a parking brake, at least one interior and one exterior rear view mirror, a windshield, windshield wipers, a speedometer, an odometer, braking for each wheel, seat belts and a vehicle identification number.

          B. Except as provided in Subsection C or D of this section, a neighborhood electric car, properly registered pursuant to the provisions of the Motor Vehicle Code, in compliance with the Mandatory Financial Responsibility Act and driven by an individual with a valid driver's license, may be operated on any street, roadway or highway under the jurisdiction of either the state or a local authority if the posted maximum speed limit is thirty-five miles per hour or less; provided, a neighborhood electric car may cross at an intersection or permitted crossing point at any street, roadway or highway that has a posted maximum speed limit higher than thirty-five miles per hour.

          C. A local authority may prohibit the operation of neighborhood electric cars on any road under its jurisdiction if the governing body of the local authority determines that the prohibition is necessary in the interest of safety.

          D. The department of transportation may prohibit the operation of neighborhood electric cars on any road under its jurisdiction if it determines that the prohibition is necessary in the interest of safety.

          E. Neighborhood electric cars are exempt from the following provisions:

                (1) the emblems or flashing lights requirement for slow-moving vehicles in Section 66-3-887 NMSA 1978;

                (2) any requirement for vehicle emission inspections adopted by a local authority pursuant to Subsection C of Section 74-2-4 NMSA 1978; and

                (3) the minimum motor displacement requirement of Paragraph (2) of Subsection A of Section 66-7-405 NMSA 1978."

     Section 40. Section 66-4-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 215, as amended by Laws 2005, Chapter 15, Section 1 and by Laws 2005, Chapter 324, Section 14) is amended to read:

     "66-4-2. DEPARTMENT TO ISSUE LICENSE.--

          A. Except for recreational vehicles, the department, upon receiving application accompanied by the required fee and when satisfied that the applicant is of good character and complies with the laws of this state with reference to the registration of vehicles and certificates of title and the provisions of the Motor Vehicle Code, shall issue to the applicant a license that entitles the licensee to conduct the business of a dealer, auto recycler or title service company. The license may be renewed upon application and payment of the fee required by law. A licensee shall not lease, loan, transfer or sell its license to another person, and no person shall use the license of another person for any purpose.

          B. A dealer or auto recycler licensee, before moving any [one or more] of the licensee's places of business or opening any additional place of business, shall apply to the department for and obtain a supplemental license for which no fee shall be charged. No supplemental license shall be issued to a dealer, other than a dealer in motorcycles only, for an additional place of business unless

                [(1) the place of business is an established place of business; or

                (2) the majority of dealers, other than dealers in motorcycles, in the county in which the proposed additional place of business would be located have been offered the opportunity, in documentation acceptable to the department, to offer vehicles for sale at the proposed additional place of business by the applicant; provided that the offer shall be for sale of vehicles at all times at which the applicant proposes to sell vehicles and shall not be conditioned upon the payment of any fee by any dealer to whom it is addressed greater than a fair share of the actual expenses incurred] the business already has an established place of business.

          C. A person to whom the department has issued a license to conduct the business of a dealer in motorcycles only is also deemed a [wrecker] recycler of motorcycles without additional license.

          [D. The department is authorized to establish a staggered system for licensing of dealers, wholesalers, distributors and auto recyclers and of title service companies, provided that any license issued shall expire on the last day of a month. Licenses issued shall be issued for a period of twelve months.

          E. On or after July 1, 2005, the holder of a wrecker of vehicles license desiring to renew the license shall apply for an auto recycler license, pursuant to the provisions of the Motor Vehicle Code, at the time the holder would have otherwise applied to renew the wrecker of vehicles license.]"

     Section 41. A new section of the Motor Vehicle Code, Section 66-4-2.2 NMSA 1978, is enacted to read:

     "66-4-2.2. [NEW MATERIAL] OFF-SITE SALES.--

          A. A New Mexico licensed dealer, before offering a vehicle or vessel for sale at a temporary off-site location, shall apply to the department for and obtain an off-site permit. No off-site permit shall be issued to a New Mexico licensed dealer, other than a dealer in motorcycles only, for a temporary off-site location unless the dealer:

                (1) documents to the satisfaction of the department that the dealer has offered the majority of dealers, other than dealers in motorcycles only, in the county in which the proposed temporary off-site location would be located, the opportunity to offer vehicles or vessels for sale at the proposed temporary off-site location; provided that the offer shall be for sale of vehicles or vessels at all times during which the applicant proposes to sell vehicles or vessels and shall not be conditioned upon the payment of a fee by a dealer to whom the off-site permit is addressed that is greater than a fair share of the actual expenses; and

                (2) obtains either an original rider to the dealer's existing corporate surety bond or an original corporate surety bond in compliance with the provisions of Section 66-4-7 NMSA 1978 to cover the proposed temporary off-site location and dates of sale.

          B. All temporary off-site locations shall be identified by prominently displayed signs identifying the names of the New Mexico licensed dealers selling vehicles or vessels at the temporary off-site location and shall be of sufficient size or space to permit the safe display of the vehicles or vessels offered for sale." 

     Section 42. Section 66-4-3 NMSA 1978 (being Laws 1978, Chapter 35, Section 216, as amended) is amended to read:

     "66-4-3. REFUSAL TO ISSUE LICENSE--CANCELLATION OR SUSPENSION OF LICENSE OR USE OF TEMPORARY PERMITS--HEARING--APPEAL.--

          A. The department may refuse to issue a license for just cause and may cancel or suspend a license or use of a temporary [permits] registration permit, demonstration permit or transport permit for violation of the Motor Vehicle Code. The department shall take the action authorized in this section only after hearing. Notice of hearing shall be given the party concerned as provided in Section 66-2-11 NMSA 1978. The notice shall state the proposed action of the department and the reason for the proposed action.

          B. The department shall prepare rules for the conduct of the hearing. At the hearing, the technical rules of evidence do not apply, and a party has the right to be represented by counsel, to call witnesses in [his] the party's own behalf and to cross-examine the witnesses of other parties.

          C. The secretary or [his] the secretary's designated agent shall conduct the hearing for the department and shall cause a record of hearing to be made.

          D. Within ten days after completion of the hearing, the secretary shall cause to be served upon all parties, in the manner provided in Section 66-2-11 NMSA 1978, [his] the secretary's findings and decision. The decision shall be:

                (1) granting a license or refusing to grant a license;

                (2) continuing a license, canceling a license or suspending a license for a time stated; or

                (3) continuing use of dealer plates and temporary registration permits, demonstration permits or transport permits, canceling dealer plates and temporary registration permits, demonstration permits or transport permits or suspending use of temporary registration permits, demonstration permits or transport permits for a time stated.

          E. A party aggrieved by the secretary's decision may file an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

     Section 43. Section 66-4-5 NMSA 1978 (being Laws 1978, Chapter 35, Section 218, as amended) is amended to read:

     "66-4-5. RECORDS OF PURCHASES, OF SALES AND OF VEHICLES DISMANTLED.--

          A. A dealer licensee shall maintain a record in a form prescribed by the department of every vehicle of a type subject to registration pursuant to the provisions of the Motor Vehicle Code that is bought, sold or exchanged by the licensee or received by the licensee for sale or exchange.

          B. An auto recycler licensee shall maintain a record in a form prescribed by the department of:

                (1) every vehicle of a type subject to registration pursuant to the provisions of the Motor Vehicle Code that is bought, exchanged or received and dismantled or otherwise destroyed by the licensee; and

                (2) every motor vehicle body, chassis or engine that is sold or otherwise disposed of by the licensee.

          C. Every record required to be maintained pursuant to Subsection A or B of this section shall state the name and address of the person from whom the vehicle was purchased or acquired and the date of the purchase [and]; the name and address of the person to whom the vehicle or the motor vehicle body, chassis or engine was sold or otherwise disposed of and the date of the sale or disposition; and a sufficient description of every vehicle or motor vehicle body, chassis or engine by name and identifying numbers sufficient to identify the vehicle or motor vehicle body, chassis or engine.

          D. A title service company licensee shall maintain a record of:

                (1) every temporary registration [plate] permit issued;

                (2) every title and registration application accepted for processing; and

                (3) any other information prescribed by the department.

          E. Every record required to be maintained pursuant to the provisions of this section shall be retained for a period of three years from the end of the year in which the record was created and shall be open to inspection by any peace officer or officer of the department during reasonable business hours. If the licensee fails to maintain the records required or to permit their inspection during reasonable business hours, the license becomes invalid."

     Section 44. Section 66-5-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 224, as amended) is amended to read:

     "66-5-2. DRIVERS MUST BE LICENSED.--

          A. Except those expressly exempted from the Motor Vehicle Code, no person shall drive any motor vehicle, neighborhood electric car or moped upon a highway in this state unless [he] the person:

                (1) holds a valid license issued under the provisions of the Motor Vehicle Code; and

                (2) has surrendered to the division any other license previously issued to [him] the person by this state or by another state or country or has filed an affidavit with the division that [he] the person does not possess such other license; however, the applicant need not surrender a motorcycle license duly obtained under Paragraph (3) of Subsection A of Section 66-5-5 NMSA 1978.

          B. Any person licensed under the provisions of the Motor Vehicle Code or expressly exempted from licensure may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipality or any other local body having authority to adopt local police regulations."

     Section 45. Section 66-5-19 NMSA 1978 (being Laws 1978, Chapter 35, Section 241, as amended) is amended to read:

     "66-5-19. RESTRICTED LICENSES.--

          A. The division, upon issuing a driver's license or a provisional license, has authority, whenever good cause appears, to impose restrictions, including the shortening of the licensure period suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle that the licensee may operate or such other restrictions applicable to the licensee as the division [may determine] determines to be appropriate to [assure] ensure the safe operation of a motor vehicle by the licensee.

          B. At age seventy-five and thereafter, the applicant shall renew the applicant's license on a yearly basis at no cost to the applicant.

          [B.] C. The division may either issue a special restricted license or may set forth such restrictions upon the usual license form.

          [C.] D. The division may issue a restricted license or a restricted provisional license for driving during daylight hours only to some visually [handicapped] impaired persons who fail the usual eyesight test. The health standards advisory board created pursuant to the provisions of Section 66-5-6 NMSA 1978 shall evaluate the extent of the visual [handicap] impairment and its effect on the driving ability of the applicant and, based on its recommendations, the director may issue a restricted license under the following conditions:

                (1) the applicant has no record of moving violations;

                (2) the necessity of the license is shown to the satisfaction of the director; and

                (3) the applicant satisfies the provisions of Section 66-5-206 NMSA 1978 relating to proof of financial responsibility.

          [D.] E. The division may, upon receiving satisfactory evidence of any violation of the restrictions of the license, suspend the license, but the licensee is entitled to a hearing as upon a suspension under Sections 66-5-1 through 66-5-47 NMSA 1978.

          [E.] F. It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person."

     Section 46. Section 66-5-29 NMSA 1978 (being Laws 1978, Chapter 35, Section 251, as amended by Laws 2005, Chapter 241, Section 2 and by Laws 2005, Chapter 269, Section 2) is amended to read:

     "66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.--

          A. The division shall immediately revoke the [instruction permit] driving privilege or driver's license [or provisional license] of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:

                (1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;

                (2) any offense rendering a person a "first offender" as defined in the Motor Vehicle Code;

                (3) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;

                (4) any felony in the commission of which a motor vehicle is used;

                (5) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

                (6) perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or

                (7) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.

          B. Except as provided in the Ignition Interlock Licensing Act and in Subsection C, D or E of this section, a person whose driving privilege or driver's license has been revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.

          C. A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 NMSA 1978 is subject to [license] revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to [license] revocation of the driving privilege or driver's license pursuant to Section 66-8-111 NMSA 1978 shall have [his] the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:

                (1) one year for a first offender; or

                (2) for a subsequent offender:

                     (a) two years for a second conviction;

                     (b) three years for a third conviction; or

                     (c) the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review, as provided in Sections 66-5-5 and 66-8-102 NMSA 1978.

          D. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978, the division shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.

          E. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver's license or driving privileges of the convicted person. A person whose driver's license or driving privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new driver's license or driving privilege until one year from the date that the conviction is final and all rights to an appeal have been exhausted."

     Section 47. Section 66-5-35 NMSA 1978 (being Laws 1978, Chapter 35, Section 257, as amended by Laws 2005, Chapter 241, Section 4 and by Laws 2005, Chapter 269, Section 4) is amended to read:

     "66-5-35. LIMITED DRIVING PRIVILEGE UPON SUSPENSION OR REVOCATION [HEARING--REVIEW].--

          A. Upon suspension or revocation of a person's driving privilege or driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, [a] the person may apply to the department for a driver's license, provisional license or instruction permit to drive, limited to use allowing the person to engage in gainful employment, to attend school or to attend a court-ordered treatment program, except that the person shall not be eligible to apply:

                (1) for a limited commercial driver's license or an ignition interlock license in lieu of a revoked or suspended commercial driver's license;

                (2) for a limited license when the person's driver's license was revoked pursuant to the provisions of the Implied Consent Act, except as provided in the Ignition Interlock Licensing Act;

                (3) for a limited license when the person's driver's license was revoked pursuant to the provisions of Section 66-8-102 NMSA 1978, except as provided in the Ignition Interlock Licensing Act;

                (4) for a limited license when the person's driver's license is denied pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978, except as provided in the Ignition Interlock Licensing Act; or

                (5) for a limited license when the person's driver's license was revoked pursuant to a conviction for committing homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978.

          B. Upon receipt of a fully completed application that complies with statutes and rules for a limited license or an ignition interlock license and payment of the fee specified in this subsection, the department shall issue a limited license, ignition interlock license or permit to the applicant showing the limitations specified in the approved application. For each limited license, ignition interlock license or permit to drive, the applicant shall pay to the department a fee of forty-five dollars ($45.00), which shall be transferred to the department of transportation. All money collected under this subsection shall be used for DWI prevention and education programs for elementary and secondary school students. The department of transportation shall coordinate with the department of health to ensure that there is no program duplication. The limited license or permit to drive may be suspended as provided in Section 66-5-30 NMSA 1978.

          [C. The department, within twenty days of denial of an application for a limited driver's license or permit pursuant to this section, shall afford the applicant a hearing in the county in which the applicant resides, unless the department and the licensee agree that the hearing may be held in some other county. The department may extend the twenty-day period, provided that the extension is in writing and made no later than fifteen days after receipt of an application. Upon hearing, the hearing officer designated by the department may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. The hearing officer shall make specific findings as to whether the applicant has shown proof of financial responsibility for the future and enrollment in an approved DWI school and an approved alcohol screening program and meets established uniform criteria for limited driving privileges adopted by rule of the department. The hearing officer shall enter an order either approving or denying the applicant's request for a limited license or permit to drive. If any of the specific findings set forth in this subsection are not found by the hearing officer, the applicant's request for a limited license or permit shall not be approved.

          D. A person adversely affected by an order of the hearing officer may seek review within thirty days in the district court in the county in which the person resides. On review, it is for the court to determine only whether the applicant met the requirements in this section for issuance of a limited license or permit to drive.]"

     Section 48. Section 66-5-502 NMSA 1978 (being Laws 2003, Chapter 239, Section 2, as amended) is amended to read:

     "66-5-502. DEFINITIONS.--As used in the Ignition Interlock Licensing Act:

          A. "denied" means [having an instructor's] the division has refused to issue an instruction permit, driver's license or provisional license [denied for driving while under the influence of intoxicating liquor or drugs] pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978;

          B. "ignition interlock device" means a device, approved by the traffic safety bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person;

          C. "ignition interlock license" means a driver's license issued to a person by the division that allows that person to operate a motor vehicle with an ignition interlock device after that person's [instructor's permit] driving privilege or driver's license [or provisional license] has been revoked or denied. The division shall clearly mark an ignition interlock license to distinguish it from other driver's licenses; and

          D. "revoked" means [having an instructor's permit] the division, pursuant to the provisions of Section 66-5-29 or 66-8-111 NMSA 1978, has terminated a person's driving privilege or driver's license [or provisional license revoked] for driving while under the influence of intoxicating liquor or drugs [pursuant to the provisions of Section 66-8-102 or 66-8-111 NMSA 1978]."

     Section 49. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3) is amended to read:

     "66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS--EXCLUSIONS.--

          A. A person whose [instructor's permit] driving privilege or driver's license [or provisional license] has been revoked or denied may apply for an ignition interlock license from the division.

          B. An applicant for an ignition interlock license shall:

                (1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and

                (2) sign an affidavit acknowledging that:

                     (a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license; and

                     (b) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.                         C. A person who has been convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license."

     Section 50. Section 66-6-3 NMSA 1978 (being Laws 1978, Chapter 35, Section 338, as amended) is amended to read:

     "66-6-3. TRAILERS--REGISTRATION FEES.--

          [A. For the registration of freight trailers and utility trailers, the following fees shall be collected:

                (1) for the permanent registration or reregistration of freight trailers, thirteen dollars ($13.00);]

          A. For freight trailers, the division shall collect thirteen dollars ($13.00) for permanent registration or re-registration after sale or transfer.

          B. For utility trailers, the division shall collect:

                [(2)] (1) for the annual registration of each utility trailer not permanently registered, seven dollars ($7.00) plus one dollar ($1.00) for each one hundred pounds or major fraction thereof of actual empty weight over five hundred pounds; [actual empty weight; except that in the case of travel trailers, actual empty weight shall be one-half of the gross factory shipping weight or, if gross factory shipping weight is not available, then actual empty weight shall be one-half of actual gross vehicle weight; and

                (3)] (2) for the permanent registration of utility trailers not used in commerce that have a gross vehicle weight of less than six thousand one pounds, thirty-three dollars ($33.00) plus seven dollars ($7.00) for each one hundred pounds or major fraction thereof of actual empty weight over five hundred pounds [actual empty weight; except that in the case of travel trailers, actual empty weight shall be one-half of the gross factory shipping weight or, if gross factory shipping weight is not available, then actual empty weight shall be one-half of actual gross vehicle weight and for the reregistration of such utility trailers upon their sale or transfer, seven dollars ($7.00)]; and

                (3) for the re-registration of permanently registered utility trailers after sale or transfer, seven dollars ($7.00).

          C. For travel trailers, the division shall collect:

                (1) for the annual registration of each travel trailer that is not permanently registered, seven dollars ($7.00) plus fifty cents ($.50) for each one hundred pounds or major fraction thereof of gross factory shipping weight over five hundred pounds or, if gross factory shipping weight is not available, of actual empty weight over five hundred pounds;

                (2) for the permanent registration of travel trailers, thirty-three dollars ($33.00) plus three dollars fifty cents ($3.50) for each one hundred pounds or major fraction thereof of gross factory shipping weight over five hundred pounds or, if the gross factory shipping weight is not available, of actual empty weight over five hundred pounds; and

                (3) for the re-registration of permanently registered travel trailers after sale or transfer, seven dollars ($7.00).

          [B.] D. At the option of the owner of a fleet of fifty or more utility trailers wishing to register them in New Mexico, the division shall issue a registration and registration plate for each trailer in the fleet, the registration and registration plate to expire on the last day of the final month of a five-year period. Registrations and registration plates shall be issued for five years only if the owner of the trailers meets the following requirements:

                (1) application is made on forms prescribed by the division and payment of the proper fee is made;

                (2) upon the option of the director, presentation is made at the time of registration of a surety bond, certificate of deposit or of other financial security; and

                (3) payment is made by the fleet owner of all registration fees due each year prior to the expiration date. If such fees are not paid, all registrations and registration plates in the fleet shall be canceled."

     Section 51. Section 66-6-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 339, as amended) is amended to read:

     "66-6-4. REGISTRATION FEES--TRUCKS, TRUCK TRACTORS, ROAD TRACTORS AND BUSES.--

          A. Within their respective jurisdictions, the motor vehicle division and the motor transportation division of the department of public safety shall charge registration fees for trucks, truck tractors, road tractors and buses, except as otherwise provided by law, according to the schedule of Subsection B of this section.

         B. Declared Gross Weight          Fee

                001 to 4,000    $40

              4,001 to  6,000               55

              6,001 to  8,000               69

              8,001 to 10,000               84

             10,001 to 12,000               99

             12,001 to 14,000              113

             14,001 to 16,000              128

             16,001 to 18,000              143

             18,001 to 20,000              157

             20,001 to 22,000              172

             22,001 to 24,000              187

             24,001 to 26,000              201

             26,001 to 48,000              118

             48,001 and over               172.

          C. All trucks whose declared gross weight or whose gross vehicle weight is less than twenty-six thousand pounds, after five years of registration, calculated from the date when the vehicle was first registered in this or another state, shall be charged registration fees at eighty percent of the rate set out in Subsection B of this section.

          D. All trucks with a gross vehicle weight of more than twenty-six thousand pounds and all truck tractors and road tractors used to tow freight trailers shall be registered on the basis of [combination] gross combination vehicle weight.

          E. All trucks with a gross vehicle weight of twenty-six thousand pounds or less shall be registered on the basis of gross vehicle weight. A trailer, semitrailer or pole trailer towed by a truck of such gross vehicle weight shall be classified as a utility trailer for registration purposes unless otherwise provided by law.

          F. All farm vehicles having a declared gross weight of more than six thousand pounds shall be charged registration fees of two-thirds of the rate of the respective fees provided in this section and shall be issued distinctive registration plates. "Farm vehicle" means a vehicle owned by a person whose principal occupation is farming or ranching and which vehicle is used principally in the transportation of farm and ranch products to market and farm and ranch supplies and livestock from the place of purchase to farms and ranches in this state; provided that the vehicle is not used for hire.

          G. In addition to other registration fees imposed by this section, beginning July 1, 1994, [there is imposed at the time of registration] an annual tire recycling fee of one dollar fifty cents ($1.50) is imposed at the time of registration on each vehicle subject to a registration fee pursuant to this section, except for vehicles with a declared gross weight of greater than twenty-six thousand pounds upon which registration fees are imposed by Subsection B of this section.

          H. Three percent of registration fees of trucks having from twenty-six thousand one pounds to forty-eight thousand pounds declared gross vehicle weight is to be transferred to the [tire] recycling and illegal dumping fund pursuant to the provisions of Section 66-6-23 NMSA 1978.

          I. Three and seventy-five hundredths percent of registration fees of trucks in excess of forty-eight thousand pounds declared gross vehicle weight is to be transferred to the [tire] recycling and illegal dumping fund pursuant to the provisions of Section 66-6-23 NMSA 1978."

     Section 52. Section 66-6-11 NMSA 1978 (being Laws 1978, Chapter 35, Section 346) is amended to read:

     "66-6-11. COMPUTATION OF WEIGHT.--The weight for determining registration fees [shall be as follows:

          A. for trucks, truck tractors, road tractors and buses, the declared gross weight;

          B. for freight trailers, irrespective of their weight, a flat fee for permanent registration shall be charged as provided by law;

          C. for utility trailers, the actual empty weight except that in the case of travel trailers, the weights to be used are those specified in Section 64-6-3 NMSA 1953; and

          D. for all other vehicles except as otherwise provided by law, the gross factory shipping weight] for all vehicles shall be the gross factory shipping weight, or if the gross factory shipping weight is unavailable, the actual empty weight of the vehicle, except as otherwise provided by law for trucks, truck tractors, road tractors, buses, freight trailers, utility trailers and travel trailers."

     Section 53. Section 66-6-16 NMSA 1978 (being Laws 1978, Chapter 35, Section 351) is amended to read:

     "66-6-16. EXEMPTION FOR ARMED FORCES AMPUTEES AND THOSE WHO HAVE LOST USE OF LIMBS [EXEMPTED].--[A. For the purpose of this section, "veteran" means] A person who is a bona fide resident of New Mexico, who served in the armed forces of the United States [between September 14, 1940 and July 1, 1946 or who served in such armed forces after June 1, 1950], who was honorably discharged and who suffered the loss or complete and total loss of use of one or both legs at or above the ankle or one or both arms at or above the wrist while so serving or from a service-connected cause [B. A veteran] shall be exempt from payment of any motor vehicle registration fees to the state on one vehicle a year owned by [said veteran] the person."

     Section 54. Section 66-6-17 NMSA 1978 (being Laws 1978, Chapter 35, Section 352, as amended) is amended to read:

     "66-6-17. [SPECIAL] DEALER PLATE FEES.--

          A. Except as provided otherwise in Subsection C of this section, every dealer [or auto recycler], except a dealer in motorcycles only, shall pay each license year fifty dollars ($50.00) for each [special] dealer plate issued pursuant to Section 66-3-402 NMSA 1978 to the dealer [or auto recycler] for that license year.

          B. Except as provided otherwise in Subsection C of this section, every dealer in motorcycles only shall pay each license year ten dollars ($10.00) for each [special] dealer plate issued pursuant to Section 66-3-402 NMSA 1978 to the dealer for that license year.

          C. In the event a [special] dealer plate is lost, mutilated or becomes illegible, a dealer, [auto recycler or] including a dealer in motorcycles only, shall obtain a replacement plate pursuant to the provisions of Section 66-3-24 NMSA 1978. The fee for a replacement [special] dealer plate shall be fifty dollars ($50.00) for a dealer or [auto recycler and] ten dollars ($10.00) for a dealer in motorcycles only."

     Section 55. Section 66-6-19 NMSA 1978 (being Laws 1978, Chapter 35, Section 354) is amended to read:

     "66-6-19. VEHICLE TRANSACTION FEES.--

          A. For any transaction concerning the initial issuance, transfer or revocation of a title or registration, including filing and recording documents, releasing liens and certifying copies, the division shall charge three dollars ($3.00). As used in this subsection, "transaction" means all operations necessary at one time with respect to one vehicle, including the inspection required by Section [64-3-4 NMSA 1953] 66-3-4 NMSA 1978.

          B. No fee shall be charged by the division for the correction of documents or the issuance of documents in cases in which the division made errors in the original issuance of the documents."

     Section 56. Section 66-6-22.1 NMSA 1978 (being Laws 1990, Chapter 120, Section 34, as amended) is amended to read:

     "66-6-22.1. MOTOR VEHICLE SUSPENSE FUND CREATED--RECEIPTS--DISBURSEMENTS.--

          A. There is created in the state treasury a fund to be known as the "motor vehicle suspense fund".

          B. The fees collected under the provisions of Sections 66-1-1 through 66-6-19 NMSA 1978 shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their receipt, except as otherwise provided by the Off-Highway Motor Vehicle Act.

          C. Money deposited to the credit of or disbursed from the motor vehicle suspense fund by the department shall be accounted for as provided by law [or], rule or procedure of the secretary of finance and administration. [Disbursements from the motor vehicle suspense fund shall be made by the department of finance and administration upon request and certification of their appropriateness by the secretary of finance and administration or the secretary's delegate.]

          D. The balance of the motor vehicle suspense fund is appropriated for the purpose of making refunds, distributions and other disbursements authorized or required by law to be made from the motor vehicle suspense fund, provided that no distribution shall be made to a municipality, county or fee agent operating a motor vehicle field office with respect to money collected and remitted to the department by that municipality, county or fee agent until the report of the municipality, county or fee agent is audited and accepted by the department."

     Section 57. A new section of the Motor Vehicle Code, Section 66-6-22.2 NMSA 1978, is enacted to read:

     "66-6-22.2. [NEW MATERIAL] ADJUSTMENTS OF DISBURSEMENTS FROM THE MOTOR VEHICLE SUSPENSE FUND.--

          A. The provisions of this section apply to disbursements from the motor vehicle suspense fund.

          B. If the secretary determines that a prior disbursement from the fund is erroneous, the secretary shall, pursuant to law, rules or procedures of the department of finance and administration, adjust future disbursements by the amount necessary to correct the error.

          C. The secretary may, in lieu of recovering the entire erroneous amount from the next disbursement, recover an excess disbursement of one thousand dollars ($1,000) or more in installments from current and future disbursements pursuant to a written agreement whenever the amount of the disbursement decrease exceeds ten percent of the average disbursement amount for that recipient for the twelve months preceding the month in which the secretary's determination is made; provided that, for the purposes of this subsection, the "average disbursement amount" shall be the arithmetic mean of the disbursement amounts within the twelve months immediately preceding the month in which the determination is made.

          D. Except for the provisions of this section, if the amount by which a disbursement would be adjusted pursuant to Subsection B of this section is one thousand dollars ($1,000) or less, no adjustment shall be made.

          E. In the event an adjustment authorized by this section requires a disbursement for which there is no equal offsetting receipt, the general fund disbursement shall be reduced by the difference between the offsetting receipt and the adjustment."

     Section 58. Section 66-7-352.1 NMSA 1978 (being Laws 1983, Chapter 45, Section 1, as amended) is amended to read:

     "66-7-352.1. SHORT TITLE.--Sections 66-7-352.1 through 66-7-352.6 NMSA 1978 may be cited as the "[Disabled] Accessible Parking Standards and Enforcement Act"."

     Section 59. Section 66-7-352.2 NMSA 1978 (being Laws 1983, Chapter 45, Section 2) is amended to read:

     "66-7-352.2. LEGISLATIVE INTENT.--The policy and intent of this legislature is declared to be as follows:

          A. that this legislature finds there is a significant safety hazard for [mobility-impaired] persons with significant mobility limitation crossing through parking lots and that this hazard is greatly reduced when parking is provided adjacent to a building entrance;

          B. that [many] commercial and governmental establishments [now] provide reserved parking for [disabled] persons with significant mobility limitation, thus ensuring full and equal opportunity for [the disabled] those persons to maintain independence and self-respect; and

          C. that ultimately society will benefit from the increased interaction of [the disabled] persons with significant mobility limitation with the mainstream that these parking spaces will provide."

     Section 60. Section 66-7-352.4 NMSA 1978 (being Laws 1983, Chapter 45, Section 4, as amended) is amended to read:

     "66-7-352.4. PARKING LOTS--STANDARDS.--

          A. Every parking lot coming under the provisions of the [Disabled] Accessible Parking Standards and Enforcement Act shall have designated [disabled] accessible parking spaces for persons with significant mobility limitation as provided in Subsection B of this section. No building permit shall be issued by any local government for the construction or substantial renovation of a commercial building inviting public access unless the parking lot has designated [disabled] accessible parking spaces for persons with significant mobility limitation as delineated in Subsection B of this section.

          B. The minimum numbers of designated [disabled] accessible parking spaces for persons with significant mobility limitation are as follows:

TOTAL PARKING SPACES IN      [MINIMUM DESIGNATED DISABLED

[PARKING] LOT                  PARKING SPACES]            REQUIRED MINIMUM NUMBER OF PARKING SPACES FOR PERSONS WITH SIGNIFICANT MOBILITY LIMITATION

     1 to 25                                 1

     26 to 35                                2

     36 to 50                                3

     51 to 100                               4

     101 to 300                              8

     301 to 500                             12

     501 to 800                             16

     801 to 1,000                           20

     more than 1,000                        20, plus 1 for

                                            each                                            100 over 1,000.      The designated [disabled] accessible parking spaces for persons with significant mobility limitation shall be located so as to provide the most convenient access to entranceways or to the nearest curb cut. Every parking lot shall have at least one designated [disabled] accessible parking space for persons with significant mobility limitation designed to accommodate a motor vehicle passenger van, and there shall be a minimum of one such space for every eight designated [disabled] accessible parking spaces for persons with significant mobility limitation."

     Section 61. Section 66-7-352.5 NMSA 1978 (being Laws 1983, Chapter 45, Section 5, as amended) is amended to read:

     "66-7-352.5. UNAUTHORIZED USE--PENALTIES.--

           A. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to Section 66-3-16 NMSA 1978 in a designated [disabled] accessible parking space for persons with significant mobility limitation.

           B. It is unlawful for any person to park a motor vehicle in such a manner so as to block access to any part of a curb cut designed for access by persons with [severe mobility impairment] significant mobility limitation.

           C. [Any] A person convicted of violating Subsection A or B of this section is subject to a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A or B of this section.

           D. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot."

     Section 62. Section 66-7-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 492, as amended) is amended to read:

     "66-7-505. ADVISORY COMMITTEE--CREATION--MEMBERS--TERMS.--

           A. There is created a five-member advisory committee to the bureau. The chief is, ex officio, the [chairman] chair and a voting member of the committee. The governor shall appoint three members, to terms coterminous with [his] the governor's tenure, who shall have the following qualifications:

                (1) one member who is representative of the law enforcement agencies of this state;

                (2) one member who is representative of the school bus transportation function of the [state department of] public education department; and

                (3) one member who is representative of the motor transportation division of the [taxation and revenue] department of public safety.

           B. Appointees who are public officers or public employees shall be compensated for attendance at meetings according to the Per Diem and Mileage Act. Appointees who are not public officers or employees shall be compensated for attendance at meetings in commensurate amount."

     Section 63. Section 66-7-513 NMSA 1978 (being Laws 2003, Chapter 148, Section 2) is amended to read:

     "66-7-513. SAFE ROUTES TO SCHOOL PROGRAM.--

           A. The "safe routes to school program" is created within the department to increase and make safer a student's ability to walk or ride a bicycle to school.

           B. The program may be established to:

                (1) provide assistance to the state, counties and municipalities to identify school route hazards and implement engineering improvements, including:

                      (a) installing sidewalks;

                      (b) painting crosswalks and other street and sidewalk areas;

                      (c) installing traffic signals;

                      (d) making street improvements;

                      (e) providing lighting;

                      (f) providing bus shelters, particularly in isolated or rural areas;

                      (g) cutting curbs for [handicapped] access for persons with significant mobility limitation; and

                      (h) other safety improvements;

                (2) develop criteria, in conjunction with the department's bicycle, pedestrian and equestrian committee, school districts and law enforcement agencies and with input from parents, teachers and school administrators, to be used in evaluating the applications of the program; and

                (3) include information about the safe routes to school program in public awareness campaigns about traffic safety."

     Section 64. Section 66-8-124 NMSA 1978 (being Laws 1961, Chapter 213, Section 3, as amended) is amended to read:

     "66-8-124. ARRESTING OFFICER TO BE IN UNIFORM.--

           A. No person shall be arrested for violating the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating [his] the peace officer's official status.

           B. Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and [handicapped] access zones for persons with significant mobility limitation. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to [said] the commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out [his] the security guard's duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act, private security guards commissioned under this section shall not be deemed public employees under that act."

     Section 65. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] FRAUD IN OBTAINING DOCUMENTS ISSUED BY THE DIVISION--PENALTY.--

           A. It is a felony for a person to:

                (1) knowingly issue an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title to a person who is not lawfully entitled to issuance of that document;

                (2) knowingly accept and use fraudulent documents as a basis for issuing an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title;

                (3) knowingly alter a record of an identification card, driver's license, vehicle or vessel registration or vehicle or vessel title without legal justification; or

                (4) solicit or accept, directly or indirectly, anything of value with the intent to influence a decision or action on an identification card, a driver's license, a vehicle or vessel registration or a vehicle or vessel title.

           B. A person convicted of violating this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

     Section 66. A new section of the Taxation and Revenue Department Act is enacted to read:

     "[NEW MATERIAL] BACKGROUND INVESTIGATIONS--DUTIES--EMPLOYEES--CONDITION OF EMPLOYMENT.--

           A. An employee of the department who has access to or who is assigned to perform work associated with driver's licenses shall submit to a background investigation as required by the secretary.

           B. An applicant seeking employment with the department who may have access to or who may be assigned to perform work associated with driver's licenses shall submit to a background investigation as required by the secretary.

           C. The secretary shall ensure that fingerprints as required for a national criminal history records search and state background investigation are provided by:

                (1) an employee of the department who has access to or is assigned to perform work associated with driver's licenses; or

                (2) an applicant seeking employment with the department who may have access to or who may be assigned to perform work associated with driver's licenses.

           D. The information obtained in a background investigation shall be used only to determine if a person required to submit to a background investigation pursuant to this section has been convicted of a crime that has a direct impact on the ability of that person to meet federal requirements or to perform the specific duties assigned to that person. The secretary may determine not to continue to employ or not to initiate employment of a person whose criminal background investigation contains information that the person has been convicted of a crime that involved actions that:

                (1) directly reflect on the person's ability to perform the specific duties of that person's position or proposed position; or

                (2) would conflict with federal requirements.

           E. Information obtained pursuant to a background investigation shall be confidential and shall only be used for determining the fitness of a person to remain or become employed with the department or to comply with federal requirements regarding employees who have access to or who may be assigned to perform work associated with driver's licenses." 

     Section 67. REPEAL.--Sections 66-3-15.1 and 74-4F-1 through 74-4F-8 NMSA 1978 (being Laws 2001, Chapter 180, Section 1 and Laws 1996, Chapter 37, Sections 1 through 8, as amended) are repealed.

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