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AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING FOR A STANDARDIZED

SPECIAL VEHICLE REGISTRATION PLATE WITH A LOGO FOR THE CUMBRES

AND TOLTEC SCENIC RAILROAD; RECONCILING MULTIPLE AMENDMENTS TO

THE SAME SECTION OF LAW IN LAWS 2005; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Motor Vehicle Code is

enacted to read:

"CUMBRES AND TOLTEC SCENIC RAILROAD SPECIAL REGISTRATION

PLATE--PROCEDURES--FEE.--

A. The division shall establish and issue a

standardized special registration plate with a logo specified

in Section 66-3-424 NMSA 1978, featuring artwork related to

the Cumbres and Toltec scenic railroad. The division shall

adopt procedures for application for and issuance of the

special Cumbres and Toltec scenic railroad registration plate

with a logo.

B. The division, in consultation with the Cumbres

and Toltec scenic railroad commission, shall determine the

color and design of the special Cumbres and Toltec scenic

railroad registration logo, and the division shall provide for

its issuance.

C. For a fee of forty dollars ($40.00), which

shall be in addition to the regular motor vehicle registration

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fees, any owner of a motor vehicle may apply for the issuance

of a Cumbres and Toltec scenic railroad registration plate.

The owner of a motor vehicle shall apply and pay a fee each

year that the owner wishes to retain and renew the Cumbres and

Toltec scenic railroad registration plate.

D. The revenue from the special Cumbres and Toltec

scenic railroad registration plates shall be distributed as

follows:

(1) fifteen dollars ($15.00) of the fee

collected the first year a special Cumbres and Toltec scenic

railroad registration plate is issued shall be retained by the

division and is appropriated to the division for the

manufacture and issuance of the registration plates.

Thereafter, that amount of each fee shall be paid to the state

treasurer for credit to the motor vehicle suspense fund for

distribution in accordance with Section 66-6-23 NMSA 1978; and

(2) twenty-five dollars ($25.00) of the fee

collected for each registration plate shall be distributed to

the Cumbres and Toltec scenic railroad commission."

Section 2. Section 66-6-23 NMSA 1978 (being Laws 1978,

Chapter 35, Section 358, as amended by Laws 2005, Chapter 20,

Section 3 and by Laws 2005, Chapter 171, Section 21) is

amended to read:

"66-6-23. DISPOSITION OF FEES.--

A. After the necessary disbursements for refunds

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and other purposes have been made, the money remaining in the

motor vehicle suspense fund, except for remittances received

within the previous two months that are unidentified as to

source or disposition, shall be distributed as follows:

(1) to each municipality, county or fee

agent operating a motor vehicle field office:

(a) an amount equal to six dollars

($6.00) per driver's license and five dollars ($5.00) per

identification card or motor vehicle or motorboat registration

or title transaction performed; and

(b) for each such agent determined by

the secretary pursuant to Section 66-2-16 NMSA 1978 to have

performed ten thousand or more transactions in the preceding

fiscal year, other than a class A county with a population

exceeding three hundred thousand or a municipality with a

population exceeding three hundred thousand that has been

designated as an agent pursuant to Section 66-2-14.1 NMSA

1978, an amount equal to one dollar ($1.00) in addition to the

amount distributed pursuant to Subparagraph (a) of this

paragraph for each driver's license, identification card,

motor vehicle registration, motorboat registration or title

transaction performed;

(2) to each municipality or county, other

than a class A county with a population exceeding three

hundred thousand or a municipality with a population exceeding

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three hundred thousand that has been designated as an agent

pursuant to Section 66-2-14.1 NMSA 1978, operating a motor

vehicle field office, an amount equal to one dollar fifty

cents ($1.50) for each administrative service fee remitted by

that county or municipality to the department pursuant to the

provisions of Subsection A of Section 66-2-16 NMSA 1978;

(3) to the state road fund:

(a) an amount equal to the fees

collected pursuant to Sections 66-7-413 and 66-7-413.4 NMSA

1978;

(b) an amount equal to the fee

collected pursuant to Section 66-3-417 NMSA 1978;

(c) the remainder of each driver's

license fee collected by the department employees from an

applicant to whom a license is granted after deducting from

the driver's license fee the amount of the distribution

authorized in Paragraph (1) of this subsection with respect to

that collected driver's license fee; and

(d) an amount equal to fifty percent of

the fees collected pursuant to Section 66-6-19 NMSA 1978;

(4) to the local governments road fund, the

amount of the fees collected pursuant to Subsection B of

Section 66-5-33.1 NMSA 1978 and the remainder of the fees

collected pursuant to Subsection A of Section 66-5-408 NMSA

1978;

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(5) to the department:

(a) any amounts reimbursed to the

department pursuant to Subsection C of Section 66-2-14.1 NMSA

1978;

(b) an amount equal to two dollars

($2.00) of each motorcycle registration fee collected pursuant

to Section 66-6-1 NMSA 1978;

(c) an amount equal to the fees

provided for in Subsection D of Section 66-2-7 NMSA 1978,

Subsection E of Section 66-2-16 NMSA 1978, Subsections J and K

of Section 66-3-6 NMSA 1978 other than the administrative fee,

Subsection C of Section 66-5-44 NMSA 1978 and Subsection B of

Section 66-5-408 NMSA 1978;

(d) the amounts due to the department

for the manufacture and issuance of a special registration

plate collected pursuant to the section of law authorizing the

issuance of the specialty plate;

(e) an amount equal to the registration

fees collected pursuant to Section 66-6-6.1 NMSA 1978 for the

purposes of enforcing the provisions of the Mandatory

Financial Responsibility Act and for creating and maintaining

a multilanguage noncommercial driver's license testing

program; and after those purposes are met, the balance of the

registration fees shall be distributed to the department to

defray the costs of operating the motor vehicle division;

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(f) an amount equal to fifty cents

($.50) for each administrative fee remitted to the department

by a county or municipality operating a motor vehicle field

office pursuant to Subsection A of Section 66-2-16 NMSA 1978;

(g) an amount equal to one dollar

twenty-five cents ($1.25) for each administrative fee

collected by the department or any of its agents other than a

county or municipality operating a motor vehicle field office

pursuant to Subsection A of Section 66-2-16 NMSA 1978; and

(h) an amount equal to the royalties or

other consideration paid by commercial users of databases of

motor vehicle-related records of the department pursuant to

Subsection C of Section 14-3-15.1 NMSA 1978 for the purpose of

defraying the costs of maintaining databases of motor vehicle-

related records of the department; and after that purpose is

met, the balance of the royalties and other consideration

shall be distributed to the department to defray the costs of

operating the motor vehicle division;

(6) to each New Mexico institution of higher

education, an amount equal to that part of the fees

distributed pursuant to Paragraph (2) of Subsection D of

Section 66-3-416 NMSA 1978 proportionate to the number of

special registration plates issued in the name of the

institution to all such special registration plates issued in

the name of all institutions;

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(7) to the armed forces veterans license

fund, the amount to be distributed pursuant to Paragraph (2)

of Subsection E of Section 66-3-419 NMSA 1978;

(8) to the children's trust fund, the amount

to be distributed pursuant to Paragraph (2) of Subsection D of

Section 66-3-420 NMSA 1978;

(9) to the department of transportation, an

amount equal to the fees collected pursuant to Section

66-5-35 NMSA 1978;

(10) to the state equalization guarantee

distribution made annually pursuant to the general

appropriation act, an amount equal to one hundred percent of

the driver safety fee collected pursuant to Subsection D of

Section 66-5-44 NMSA 1978;

(11) to the motorcycle training fund, two

dollars ($2.00) of each motorcycle registration fee collected

pursuant to Section 66-6-1 NMSA 1978;

(12) to the recycling and illegal dumping

fund:

(a) fifty cents ($.50) of the tire

recycling fee collected pursuant to the provisions of Section

66-6-1 NMSA 1978;

(b) fifty cents ($.50) of each of the

tire recycling fees collected pursuant to the provisions of

Sections 66-6-2 and 66-6-4 NMSA 1978; and

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(c) twenty-five cents ($.25) of each of

the tire recycling fees collected pursuant to Sections 66-6-5

and 66-6-8 NMSA 1978;

(13) to the highway infrastructure fund:

(a) fifty cents ($.50) of the tire

recycling fee collected pursuant to the provisions of Section

66-6-1 NMSA 1978;

(b) one dollar ($1.00) of each of the

tire recycling fees collected pursuant to the provisions of

Sections 66-6-2 and 66-6-4 NMSA 1978; and

(c) twenty-five cents ($.25) of each of

the tire recycling fees collected pursuant to Sections 66-6-5

and 66-6-8 NMSA 1978;

(14) to each county, an amount equal to

fifty percent of the fees collected pursuant to Section

66-6-19 NMSA 1978 multiplied by a fraction, the numerator of

which is the total mileage of public roads maintained by the

county and the denominator of which is the total mileage of

public roads maintained by all counties in the state;

(15) to the litter control and

beautification fund, an amount equal to the fees collected

pursuant to Section 66-6-6.2 NMSA 1978;

(16) to the local government division of the

department of finance and administration, an amount equal to

the fees collected pursuant to Section 66-3-424.3 NMSA 1978

for distribution to each county to support animal control

spaying and neutering programs in an amount proportionate to

the number of residents of that county who have purchased pet

care special registration plates pursuant to Section

66-3-424.3 NMSA 1978; and

(17) to the Cumbres and Toltec scenic

railroad commission, twenty-five dollars ($25.00) collected

pursuant to the Cumbres and Toltec scenic railroad special

registration plate.

B. The balance, exclusive of unidentified

remittances, shall be distributed in accordance with Section

66-6-23.1 NMSA 1978.

C. If any of the paragraphs, subsections or

sections referred to in Subsection A of this section are

recompiled or otherwise redesignated without a corresponding

change to Subsection A of this section, the reference in

Subsection A of this section shall be construed to be the

recompiled or redesignated paragraph, subsection or section."

Section 3.

--

EFFECTIVE DATE.

--

The effective date of

the provisions of this act is July 1, 2008.

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