SB0496

SENATE BILL 496

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING FOR THE ISSUANCE OF SPECIAL REGISTRATION PLATE DECALS TO ACKNOWLEDGE SPECIAL STATUS OF THE REGISTRANT OR TO ADVOCATE FOR A NONPROFIT PUBLIC PURPOSE CAUSE; PROVIDING LIMITATIONS; PROVIDING FOR THE COLLECTION OF FEES AND COSTS; PRESCRIBING PENALTIES; MAKING APPROPRIATIONS.

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

SECTION 1. Section 66-3-15 NMSA 1978 (being Laws 1978, Chapter 35, Section 35, as amended) is amended to read:

"66-3-15. STANDARDIZED AND OTHER SPECIAL REGISTRATION PLATES--PROCEDURES--FEE.--

A. The division shall establish and issue standardized and other special registration plates, including motorcycle [prestige registration] plates, and shall establish and promulgate procedures for applications for and issuance of special registration plates.

B. For a fee of fifteen dollars ($15.00), which fee shall be in addition to the regular motor vehicle registration fees, any owner of a motor vehicle may apply for the issuance of a standardized or other special registration plate [as defined in Subsection A of this section], including special registration plates known as "vanity" plates. No two owners will be issued identically lettered or numbered plates.

C. For a fee of thirty-five dollars ($35.00) and any administrative fee charged by the department, not to exceed fifteen dollars ($15.00), which fees shall be in addition to any other registration-related fee, an owner of a motor vehicle may purchase a special registration decal to be used with the standardized special registration plate; provided that the decal fee only applies to purchase from the department and a public purpose interest group may sell decals for a price different from this provision.

[C.] D. An owner [must] or public purpose interest group shall make a new application and pay a new fee each year [he] that the owner or interest group desires to [obtain] keep a standardized or other special registration plate [however, he will have] or decal. The owner of a vanity plate has first priority on that plate for each subsequent year that [he] the owner makes timely and appropriate application and payment.

[D.] E. All fees collected shall be paid to the state treasurer to the credit of the motor vehicle suspense fund with distribution in accordance with Section 66-6-23 NMSA 1978 and Section 3 of this 2013 act."

SECTION 2. Section 66-6-23 NMSA 1978 (being Laws 1978, Chapter 35, Section 358, as amended) is amended to read:

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

A. After the necessary disbursements for refunds 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;

(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; and

(c) to each military installation designated as a fee agent pursuant to Section 66-2-14.1 NMSA 1978, an amount equal to one dollar fifty cents ($1.50) in addition to the amount distributed pursuant to Subparagraph (a) of this paragraph for each administrative service fee remitted by the military installation to the department pursuant to Subsection A of Section 66-2-16 NMSA 1978;

(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 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)] (b) 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)] (c) 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;

(5) to the department:

(a) any amounts reimbursed to the department pursuant to Subsection D 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 K and L 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;

(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 or for use pursuant to Subsection F of Section 66-6-13 NMSA 1978;

[(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;

(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;]

(6) to funds or persons enumerated in Section 3 of this 2013 act, as provided in that section;

[(9)] (7) to the department of transportation, an amount equal to the fees collected pursuant to Section 66-5-35 NMSA 1978;

[(10)] (8) 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)] (9) to the motorcycle training fund, two dollars ($2.00) of each motorcycle registration fee collected pursuant to Section 66-6-1 NMSA 1978;

[(12)] (10) 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

(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)] (11) 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)] (12) 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; and

[(15)] (13) 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. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] DECALS FOR STANDARDIZED SPECIAL REGISTRATION PLATES--DEPARTMENT ADMINISTRATION--REQUIREMENTS--CURRENT REGISTRATION PLATES--FEES.--

A. The department is authorized to issue high- contrast, machine-readable standardized special registration plates for motor vehicles, including motorcycles, that have a space on which to adhere a decal that honors certain New Mexico citizens or that shows the registrant's support for a worthy public purpose. Upon the effective date of this section, the department shall design new standardized special registration plates; provided that all registration plates extant on motor vehicles on the effective date of this section shall continue to be lawful registration plates.

B. The standardized special registration plates for motor vehicles, except motorcycles and recreational vehicles, shall include on the standardized areas:

(1) the colors of the state flag, with red lettering on a yellow background;

(2) the phrases "New Mexico USA" and "Land of Enchantment";

(3) a space for applying the self-adhering special registration decal, centered at the left edge of the plate, between the top and bottom attachment holes, beginning one-fourth inch in from the edge of the plate and being four and one-eighth inches in height and three and one-eighth inches in width;

(4) a vehicle registration number assigned by the department that consists of five alphanumeric characters displayed to the right of the special decal area; and

(5) a place for validating stickers in the lower right-hand corner of the registration plate.

C. The standardized special registration plates for motorcycles and recreational vehicles shall be designed by the department, including the dimensions and other design elements of the plates.

D. Special registration decals, except for the standard dimensions specified in Subsection B of this section, shall be left to the design discretion of the department, in consultation with the public purpose interest group that requests the special registration plate decal.

E. Special registration decals shall be issued for the following status categories as requested by a registrant who demonstrates to the department's satisfaction that the registrant meets the qualifications for the decal and for whom fees are waived:

(1) members of congress;

(2) elected state officials, members of the legislature, chief clerks of the house of representatives and the senate and sergeants-at-arms of the house of representatives and the senate;

(3) military honors:

(a) medal of honor recipient;

(b) prisoner of war and surviving spouse;

(d) national guard member;

(e) purple heart recipient; and

(f) gold star family; and

(4) New Mexico ranger and mounted patrol.

F. Special registration decals shall be issued for the following status categories as requested by a registrant who demonstrates to the department's satisfaction that the registrant meets the qualifications for the decal for whom fees are charged as provided in this section and Section 66-3-15 NMSA 1978; provided that military honors recipients shall not have to pay again for a decal for any registration period in which a validating sticker is issued pursuant to the provisions of Section 66-3-17 NMSA 1978;

(1) member of an organized group committed under its charter or bylaws to perform such services as are reasonably related to the public safety and welfare;

(2) military honors; provided that along with a military service veteran decal, registrants may receive veteran-designation stickers to be placed across the top of the plate, centered above the registration number; and provided, further, that the veteran-designation stickers shall be available for purchase from the department at a reasonable charge to be set by the secretary:

(a) silver star recipient;

(b) bronze star recipient;

(d) distinguished service cross recipient;

(e) air force cross recipient;

(f) atomic veteran;

(g) Navajo code talker;

(h) Vietnam conflict veteran;

(i) Korean conflict veteran;

(j) disabled Korean conflict veteran;

(k) world war II veteran;

(l) Grenada conflict veteran;

(m) Panama conflict veteran;

(n) desert storm veteran;

(o) Iraqi freedom veteran;

(p) Afghanistan conflict veteran; and

(q) women armed forces veterans or women retired from national guard or military reserves;

(3) radio station licensee;

(4) firefighter or volunteer firefighter;

(5) retired letter carrier;

(6) retired national guard member;

(7) fraternal order of police member;

(8) civil air patrol member, New Mexico wing;

(9) retired firefighter;

(10) retired armed forces member;

(11) active duty armed forces member;

(12) search and rescue member;

(13) retired state police officer;

(14) emergency medical technician; and

(15) retired law enforcement officer.

G. Fees collected by the department for the following standardized special registration plates and status decals shall be deposited as provided in this section:

(1) military honors with veteran-designation stickers, to the armed forces veterans license fund;

(2) women veterans, to the armed forces veterans license fund;

(3) radio station, to the state road fund; and

(4) firefighter or volunteer firefighter, to the firefighters' survivors fund.

H. Special registration decals shall be provided for the following public purpose categories and fees collected by the department after the costs of issuance have been deducted by the department from the payment of registration fees shall be distributed as provided:

(1) educational institution booster, to each educational institution;

(2) children's artwork, to the children's trust fund;

(3) pet care, to the animal care and facility fund;

(4) share with wildlife, to the wildlife program of the game protection fund;

(5) bass fishing, to the bass habitat management program of the game protection fund;

(6) route 66, to the department of transportation to fund revitalization and preservation of historic route 66 in New Mexico pursuant to the national scenic byways program;

(7) high school rodeo association, to the public education department to be used for rodeo scholarship programs;

(8) organ donation awareness, to the university of New Mexico to promote organ and tissue donation and education;

(9) patriot, to the armed forces veterans license fund;

(10) child adoption awareness, to the children, youth and families department to promote child adoption;

(11) Cumbres and Toltec scenic railroad, to the Cumbres and Toltec scenic railroad commission;

(12) breast cancer awareness, to the department of health to fund breast cancer screening, outreach and education;

(13) city of Las Cruces, to the city of Las Cruces recreation fund 2130;

(14) 4-H support, to New Mexico state university for the New Mexico state 4-H office and for 4-H youth programs in the state;

(15) farm and ranch community, to the farm and ranch heritage museum for educational purposes;

(16) blood donor, to the department of health to fund blood donation outreach and education; and

(17) any other public purpose the department approves in accordance with this section and rules adopted to implement the provisions of this section.

I. The department shall provide a standardized special registration plate to any motor vehicle registrant who elects to pay the fee provided in Section 66-3-15 NMSA 1978, which fee is in addition to the regular motor vehicle registration fee. The registrant may then obtain a status decal or public purpose decal enumerated in Subsection H of this section from the department for an additional fee set by rule of the department but not to exceed fifty dollars ($50.00); provided that after administrative expenses have been deducted from money received by the department for standardized special registration plates and decals, the department shall distribute money to funds or persons provided for in this section through the motor vehicle suspense fund. The registrant may obtain a public purpose decal from a public purpose interest group that may charge the decal fee provided for in the application submitted to the department.

J. A public purpose interest group may apply to the department to have a decal produced by the department that promotes the public purpose interest group and that may be used by the interest group as a fundraising effort. The interest group must be a nonprofit organization exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, must have been in existence in New Mexico for at least three years prior to requesting the special registration decal and must have a statewide focus. In its application for a decal, the interest group shall provide:

(1) a petition in support of the public purpose decal signed by at least one thousand people to whom the interest group expects to sell decals within the first year;

(2) additional evidence required by the department that the interest group will be able to generate a minimum number of decal sales;

(3) information on the amount to be charged for the decal by the interest group;

(4) if the interest group intends to limit decal sales to members or to persons meeting other qualifications, a description of those limitations and qualifications;

(5) suggested artwork for the decal; and

(6) any other information requested by the department.

K. After an application has been approved, the department shall work with the interest group to finalize the decal artwork. Upon payment by the interest group of the cost of at least one thousand decals, the department shall order the printing and delivery of the decals to the interest group. The department shall deduct its reasonable administrative costs from the payment for decals and shall deposit the remainder to the credit of the state road fund.

L. Special registration decals are good for one year, after which the registrant may purchase the same decal, another decal or no decal. It is the duty of the registrant to remove an expired decal or cover it with a current decal. Upon payment of the standardized special registration fee, which fee is in addition to the regular registration fee, the registrant may choose to continue using a standardized special registration plate even if the registrant removes an expired decal and does not purchase a new decal, or the registrant may turn in the standardized special registration plate for a regular registration plate.

M. The department shall promulgate rules to implement the provisions of this section, which rules shall include what proof is required by the department to demonstrate eligibility for a status decal.

N. A person who applies an unofficial decal or a decal for which the person is not qualified to a motor vehicle standardized special registration plate is guilty of a misdemeanor and shall be fined not to exceed one hundred dollars ($100) per day per incident.

O. Special registration plates or standardized special registration plates with logos that have been issued prior to the effective date of this section shall continue to be legal registration plates until the holders of the registration plates return them to the department, but new applicants for worthy public purpose special registration plates shall receive standardized special registration plates with decals.

P. This section does not apply to the following:

(1) vanity plates issued pursuant to Section 66-3-15 NMSA 1978;

(2) significant mobility limitation registration plates issued pursuant to Section 66-3-16 NMSA 1978;

(3) horseless carriage registration plates issued pursuant to Section 66-3-27 NMSA 1978;

(4) state government registration plates issued pursuant to Section 66-3-28 NMSA 1978; and

(5) dealer plates issued pursuant to Section 66-3-402 NMSA 1978.

Q. Except for status decals that are issued without charge, whenever in the Motor Vehicle Code a standardized special registration plate or special registration decal is allowed, the registrant may purchase it for any registrable motor vehicle.

R. The department shall shred its stock of unissued special registration plates and standardized special registration plates with logos existing after standardized special registration plates pursuant to this section have been manufactured and delivered to the department. Any money received from selling the metal of shredded registration plates as scrap shall be deposited to the credit of the department to help defray the cost of changing registration plates."

SECTION 4. A new section of the Veterans' Services Department Act is enacted to read:

"[NEW MATERIAL] ARMED FORCES VETERANS LICENSE FUND--CREATED--TRANSFERRING PROVISIONS FROM MOTOR VEHICLE CODE TO DEPARTMENT.--

A. The "armed forces veterans license fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the veterans' services department, and money in the fund is appropriated to the department to carry out the purposes of the fund. A portion of the fees collected for each special registration decal for armed forces veterans as provided in Section 3 of this 2013 act shall be transferred by the taxation and revenue department to the credit of the fund. Expenditures from the fund shall be made by warrants issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of veterans' services or the secretary of veterans' services' authorized representative.

B. Money in the fund shall be used to expand services to rural areas of the state, including Native American communities and senior citizen centers."

SECTION 5. REPEAL.--

A. Sections 66-3-405 through 66-3-409 and 66-3-411 through 66-3-423 NMSA 1978 (being Laws 1978, Chapter 35, Sections 84 through 86, Laws 1989, Chapter 87, Section 1, Laws 1978, Chapter 35, Section 87 and Laws 1978, Chapter 199, Section 1, Laws 1978, Chapter 99, Section 2, Laws 1979, Chapter 299, Section 2, Laws 2001, Chapter 243, Section 1, Laws 1980, Chapter 45, Section 1, Laws 1987, Chapter 23, Section 1, Laws 1989, Chapter 162, Section 1, Laws 1989, Chapter 360, Section 1, Laws 1986, Chapter 45, Section 2, Laws 1990, Chapter 46, Sections 1 and 2, Laws 1993, Chapter 80, Section 1, Laws 2005, Chapter 123, Section 1, Laws 1993, Chapter 180, Section 8, Laws 1998, Chapter 21, Section 1 and Laws 1998, Chapter 25, Section 1, as amended) are repealed.

B. Section 66-3-424 NMSA 1978 (being Laws 2003, Chapter 172, Section 1 and Laws 2003, Chapter 174, Section 1 and Laws 2003, Chapter 175, Section 1 and Laws 2003, Chapter 176, Section 1 and Laws 2003, Chapter 177, Section 1 and Laws 2003, Chapter 178, Section 1 and Laws 2003, Chapter 179, Section 1 and Laws 2003, Chapter 180, Section 1 and Laws 2003, Chapter 181, Section 1 and Laws 2003, Chapter 197, Section 1 and Laws 2003, Chapter 198, Section 1 and Laws 2003, Chapter 201, Section 1 and Laws 2003, Chapter 211, Section 1 and also Laws 2003, Chapter 212, Section 1) is repealed.

C. Sections 66-3-424.1 through 66-3-424.31 NMSA 1978 (being Laws 2003, Chapter 172, Section 2, Laws 2003, Chapter 174, Section 2, Laws 2003, Chapter 175, Section 2, Laws 2003, Chapter 176, Section 2, Laws 2003, Chapter 177, Section 2, Laws 2003, Chapter 178, Section 2, Laws 2003, Chapter 179, Section 2, Laws 2003, Chapter 180, Section 2, Laws 2003, Chapter 181, Section 2, Laws 2003, Chapter 197, Section 2, Laws 2003, Chapter 198, Section 2, Laws 2003, Chapter 201, Section 2, Laws 2003, Chapter 211, Section 2, Laws 2003, Chapter 212, Section 2, Laws 2005, Chapter 112, Section 1, Laws 2005, Chapter 344, Section 1, Laws 2006, Chapter 76, Section 1, Laws 2007, Chapter 87, Section 1, Laws 2007, Chapter 136, Section 1, Laws 2007, Chapter 48, Sections 1 and 2, Laws 2008, Chapter 34, Section 1, Laws 2008, Chapter 85, Section 1, Laws 2009, Chapter 88, Section 1, Laws 2009, Chapter 89, Section 1, Laws 2009, Chapter 120, Section 1, Laws 2009, Chapter 85, Section 1, Laws 2009, Chapter 86, Section 1, Laws 2009, Chapter 87, Section 1, Laws 2009, Chapter 90, Section 1 and Laws 2011, Chapter 7, Section 1, as amended) are repealed.

SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.