0001| SENATE BILL 821
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| ROMAN M. MAES III
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO MOTOR TRANSPORTATION; REORGANIZING THE MOTOR
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0012| TRANSPORTATION DIVISION; PROVIDING POWERS AND DUTIES; PROVIDING
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0013| FOR REGISTRATION OF COMMERCIAL MOTOR VEHICLES OPERATING WITHOUT
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0014| REGISTRATION; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 65-1-2 NMSA 1978 (being Laws 1978,
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0018| Chapter 19, Section 1, as amended) is amended to read:
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0019| "65-1-2. DEFINITIONS.--As used in the Motor
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0020| Transportation Act:
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0021| A. "combination" means any connected assemblage of
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0022| a motor vehicle and one or more semitrailers, trailers or
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0023| semitrailers converted to trailers by means of a converter
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0024| gear;
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0025| B. "combination gross vehicle weight" means the sum
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0001| total of the gross vehicle weights of all units of a
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0002| combination;
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0003| C. "commercial motor carrier vehicle" means any
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0004| motor vehicle with a gross vehicle weight of twelve thousand
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0005| pounds or more used or reserved for use in the transportation
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0006| of persons or property for hire, compensation or profit or in
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0007| the furtherance of a commercial enterprise or any vehicle
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0008| designed, used or maintained primarily for the transportation
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0009| of property or for drawing other vehicles so designed, used or
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0010| maintained;
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0011| D. "converter gear" means any assemblage of one or
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0012| more axles with a fifth wheel mounted thereon designed for use
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0013| in a combination to support the front end of a semitrailer, but
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0014| not permanently attached thereto. A "converter gear" shall not
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0015| be considered a vehicle as that term is used in Chapter 66 NMSA
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0016| 1978, but weight attributable thereto shall be included in
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0017| declared gross weight;
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0018| E. "declared gross weight" means maximum gross
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0019| vehicle weight or combination gross vehicle weight at which a
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0020| vehicle or combination will be operated during the registration
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0021| period as declared by the registrant for registration and fee
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0022| purposes. The vehicle or combination shall have only one
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0023| "declared gross weight" for all operating considerations;
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0024| F. "department", without modification, means the
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0025| taxation and revenue department, the secretary of taxation and
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0001| revenue or any employee of the department exercising authority
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0002| lawfully delegated to that employee by the secretary;
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0003| G. "director" means the [secretary] director of
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0004| the division;
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0005| H. "division" [or] means the motor
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0006| transportation division [means the department];
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0007| I. "evidence of registration" means any
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0008| documentation issued by the department identifying a motor
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0009| carrier vehicle as being registered with New Mexico or
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0010| documentation issued by another state pursuant to the terms of
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0011| a multistate agreement on registration of vehicles to which
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0012| this state is a party identifying a motor carrier vehicle as
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0013| being registered with that state; provided that evidence of
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0014| payment of the weight distance tax and permits obtained under
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0015| either the Special Fuels Supplier Tax Act or Trip Tax Act are
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0016| not "evidence of registration";
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0017| J. "field enforcement activity" or "in the field"
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0018| means patrolling of the highway, stopping of commercial motor
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0019| carrier vehicles or establishing ports of entry and roadblocks
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0020| for the purpose of checking motor carriers and includes similar
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0021| activities;
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0022| K. "fleet" means one or more motor carrier
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0023| vehicles, either commercial or noncommercial but not mixed,
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0024| that are operated in this and at least one other jurisdiction;
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0025| L. "freight trailer" means any trailer, semitrailer
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0001| or pole trailer drawn by a truck tractor or road tractor and
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0002| any trailer, semitrailer or pole trailer drawn by a truck that
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0003| has a gross vehicle weight of more than twenty-six thousand
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0004| pounds, but the term does not include house trailers, trailers
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0005| of less than one-ton carrying capacity used to transport
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0006| animals or fertilizer trailers of less than three thousand five
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0007| hundred pounds empty weight;
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0008| M. "gross vehicle weight" means the weight of a
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0009| vehicle without load plus the weight of any load thereon;
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0010| N. "inspector" means an employee of the division
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0011| who has completed basic law enforcement training and has been
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0012| certified as a police officer;
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0013| [N.] O. "motor carrier" means any person or
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0014| firm that owns, controls, operates or manages any commercial
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0015| motor carrier vehicle [with gross vehicle weight of twelve
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thousand pounds or more that is used to transport persons or
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property on the public highways of this state];
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0018| [O.] P. "motor vehicle" means any vehicle or
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0019| device that is propelled by an internal combustion engine or
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0020| electric motor power that is used or may be used on the public
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0021| highways for the purpose of transporting persons or property
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0022| and includes any connected trailer or semitrailer;
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0023| [P.] Q. "one-way rental fleet" means two or
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0024| more vehicles each having a gross vehicle weight of under
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0025| twenty-six thousand one pounds and rented to the public without
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0001| a driver;
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0002| [Q.] R. "person" means any individual, estate,
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0003| trust, receiver, cooperative association, club, corporation,
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0004| company, firm, partnership, joint venture, syndicate or other
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0005| association; "person" also means, to the extent permitted by
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0006| law, any federal, state or other governmental unit or
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0007| subdivision or an agency, department or instrumentality
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0008| thereof; "person" also includes an officer or employee of a
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0009| corporation, a member or employee of a partnership or any
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0010| individual who, as such, is under a duty to perform any act in
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0011| respect of which a violation occurs;
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0012| [R.] S. "preceding year" means a period of
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0013| twelve consecutive months fixed by the department, which period
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0014| is within the sixteen months immediately preceding the
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0015| commencement of the registration or license year for which
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0016| proportional registration is sought. The department, in fixing
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0017| that period, shall make it conform to the terms, conditions and
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0018| requirements of any applicable agreement or arrangement for the
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0019| proportional registration of vehicles;
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0020| [S.] T. "properly registered" means bearing the
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0021| lawfully issued and currently valid evidence of registration of
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0022| this or another jurisdiction, regardless of the owner's
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0023| residence, except in those cases where the evidence has been
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0024| procured by misrepresentation or fraud;
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0025| [T.] U. "public highway" means every way or
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0001| place generally open to the use of the public as a matter of
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0002| right for the purpose of vehicular travel, even though it may
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0003| be temporarily closed or restricted for the purpose of
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0004| construction, maintenance, repair or reconstruction;
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0005| [U.] V. "secretary" means the secretary of
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0006| taxation and revenue and [except for the purposes of Sections
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65-1-10 and 65-1-33 NMSA 1978] also includes the deputy
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0008| secretary and [any division] the director [delegated by
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the secretary];
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0010| [V.] W. "state" or "jurisdiction" means a
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0011| state, territory or possession of the United States, the
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0012| District of Columbia, the commonwealth of Puerto Rico, a
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0013| foreign country or a state or province of a foreign country;
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0014| and
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0015| [W.] X. "utility trailer" means any trailer,
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0016| semitrailer or pole trailer and includes house trailers that
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0017| exceed neither eight feet in width nor forty feet in length,
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0018| but does not include freight trailers, trailers of less than
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0019| one-ton carrying capacity used to transport animals or
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0020| fertilizer trailers of less than three thousand five hundred
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0021| pounds empty weight."
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0022| Section 2. Section 65-1-7 NMSA 1978 (being Laws 1967,
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0023| Chapter 97, Section 9, as amended) is amended to read:
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0024| "65-1-7. [ENFORCEMENT EMPLOYEES OF DEPARTMENT]
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0025| INSPECTORS--POWERS. [The enforcement employees designated by
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the department]
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0002| A. The division is a law enforcement agency. All
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0003| supervisors of inspectors shall also be trained and certified
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0004| as police officers.
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0005| B. Inspectors have all the powers of peace
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0006| officers in all cities, towns, villages and counties in New
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0007| Mexico with respect to the Motor Transportation Act,
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0008| regulations [under] promulgated pursuant to that act and
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0009| any other law or regulation regarding commercial motor carrier
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0010| vehicles, the operation of commercial motor carrier vehicles or
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0011| the operators, passengers or cargoes of commercial motor
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0012| carrier vehicles that the department is empowered to administer
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0013| or enforce. In addition, [the enforcement employees
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designated by the department] inspectors have all the powers
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0015| of peace officers in all cities, towns, villages and counties
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0016| with respect to [the Controlled Substances Act, the Drug
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Precursor Act, Sections 7-1-74, 7-1-75, 30-22-1 through 30-22-
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5, 30-22-10, 30-22-21 through 30-22-26, 30-24-1 and 30-24-2]
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0019| Chapter 30 NMSA 1978 when violations of these provisions are
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0020| committed in connection with the operation or control of
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0021| commercial motor vehicles or in [a designated enforcement
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employee's] an inspector's presence.
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0023| C. The department shall perform background
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0024| investigations on all applicants for inspector positions to
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0025| verify suitability for the position. Inspectors shall take the
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0001| oath of office required of all state officials.
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0002| D. Motor carrier safety specialists assigned to
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0003| ports of entry and field enforcement activities are not police
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0004| officers, but shall meet all certification requirements
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0005| pertaining to commercial vehicle and driver safety inspections
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0006| pursuant to the Motor Carrier Safety Act."
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0007| Section 3. Section 65-1-9 NMSA 1978 (being Laws 1967,
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0008| Chapter 97, Section 11, as amended) is amended to read:
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0009| "65-1-9. [DEPARTMENT] DIVISION TO ENFORCE LAWS.--
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0010| A. The [department] division shall enforce
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0011| and collect all excise taxes, license fees and other fees and
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0012| charges of every nature and perform all inspections and collect
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0013| all information considered necessary to enforce the laws of all
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0014| departments, commissions and other agencies of state
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0015| government, in addition to those specifically assigned by law
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0016| to the [department] division, whenever the [department]
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0017| division is so requested and agrees and the agreement is in
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0018| writing containing all reasonable detail concerning the
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0019| responsibilities of the parties to the agreement. [The
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department shall also assist, as far as practicable and in
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accordance with a proper written agreement, in the enforcement
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of statutory, administrative and judicial provisions of the
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federal Motor Carrier Act. Enforcement employees of the
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department shall be considered to have the same powers as the
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enforcement officers of the department, commission or other
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agency having the primary responsibility.]
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0002| B. The division consists of:
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0003| (1) the "headquarters bureau", which consists
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0004| of the director's office and motor carrier safety programs;
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0005| (2) the "port of entry operations bureau"; and
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0006| (3) the "field operations bureau"."
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0007| Section 4. Section 65-1-11 NMSA 1978 (being Laws 1967,
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0008| Chapter 97, Section 13, as amended) is amended to read:
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0009| "65-1-11. PORTS OF ENTRY.--The [department shall
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designate the main highways upon which motor carriers shall
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enter and leave the state and shall designate stations or
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establish places] division, in conjunction with the state
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0013| highway and transportation department, may establish ports of
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0014| entry or field enforcement activity areas, either temporary or
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0015| permanent, where inspection, registration and permit services
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0016| shall be maintained. The state highway and transportation
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0017| department shall provide the necessary right-of-way, approach
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0018| roads, ramps, inspection facilities and other road facilities
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0019| required by the [department for places established after June
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17, 1967] division."
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0021| Section 5. Section 65-1-12 NMSA 1978 (being Laws 1978,
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0022| Chapter 18, Section 1, as amended) is amended to read:
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0023| "65-1-12. MOTOR CARRIERS REQUIRED TO REGISTER WITH THE
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0024| DEPARTMENT.--
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0025| A. All motor carriers desiring and eligible for
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0001| annual registration provisions relating to proportional
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0002| registration or full reciprocity shall register their vehicles
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0003| with the department. The department shall register all motor
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0004| carriers who satisfy all New Mexico requirements relating to
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0005| motor carriers, but [after September 30, 1984] may refuse to
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0006| register any vehicle subject to the federal heavy vehicle use
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0007| tax imposed by Section 4481 of the United States Internal
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0008| Revenue Code of 1986 without proof of payment of such tax in
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0009| the form prescribed by the secretary of the treasury of the
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0010| United States. Registration of motor carrier vehicles with the
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0011| department shall remain in force during the calendar
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0012| registration year as specified in Section 65-1-13 NMSA 1978
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0013| unless suspended or canceled by the department for
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0014| noncompliance with any New Mexico motor vehicle or motor
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0015| carrier requirements.
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0016| B. In addition to the provisions of Subsection A of
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0017| this section, motor carriers operating vehicles subject to the
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0018| weight distance tax pursuant to the Weight Distance Tax Act or
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0019| vehicles subject to special fuel user permit requirements
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0020| pursuant to the Special Fuels Supplier Tax Act shall apply for
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0021| a tax identification card.
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0022| C. A commercial motor carrier vehicle required to
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0023| be registered pursuant to this section and operated and moved
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0024| on the highways of this state in violation of this section
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0025| shall be deemed to be operated or moved as unregistered and
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0001| shall immediately be subject to the regular registration fees
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0002| and penalties as prescribed by law for such vehicle.
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0003| D. A person who is apprehended for operating an
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0004| unregistered commercial motor carrier vehicle or a commercial
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0005| motor carrier vehicle with expired registration shall be
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0006| subject to the penalties provided in Section 65-1-36 NMSA 1978.
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0007| In addition, the person shall be required to purchase New
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0008| Mexico registration and pay a penalty equal to twenty percent
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0009| of the prescribed fee in Section 66-6-3 NMSA 1978."
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0010| Section 6. Section 65-1-36 NMSA 1978 (being Laws 1978,
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0011| Chapter 16, Section 1, as amended) is amended to read:
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0012| "65-1-36. PENALTY FOR VIOLATIONS OF ACT.--
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0013| A. Violation of any section [65-1-12 or 65-5-2
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NMSA 1978] of the Motor Transportation Act, except the Motor
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0015| Carrier Safety Act, is a misdemeanor punishable by a fine of
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0016| not less than one hundred dollars ($100) or more than five
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0017| hundred dollars ($500) or imprisonment not exceeding ninety
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0018| days or by both the fine and imprisonment or is subject to the
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0019| penalty assessment and fee provisions of Sections 66-8-116
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0020| through
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0021| 66-8-116.3 NMSA 1978.
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0022| [B. Violation of any section of the Motor
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Transportation Act other than a violation of Section 65-1-12,
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65-1-26, 65-1-36.1 or 65-5-2 NMSA 1978 or of the Motor Carrier
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Safety Act is a misdemeanor punishable by a fine of not more
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than one hundred dollars ($100) or by imprisonment not
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exceeding thirty days or by both the fine and imprisonment or
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is subject to the penalty assessment and fee provisions
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pursuant to Sections 66-8-116 through 66-8-116.3 NMSA 1978.
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C.] B. The payment of a fine under the
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0006| provisions of any act under the jurisdiction of the
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0007| [department] division pursuant to the Motor Transportation
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0008| Act shall not relieve the offender from the payment of any fees
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0009| or taxes or from any other of the provisions of the Motor
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0010| Transportation Act.
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0011| [D.] C. The [department] division may also,
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0012| for the proper enforcement of the duties imposed upon the
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0013| [department] division pursuant to the Motor Transportation
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0014| Act, detain any motor vehicle whose operator or owner is in
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0015| violation of any law the [department] division is empowered
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0016| under the Motor Transportation Act to administer or enforce."
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0017| Section 7. Section 65-3-4 NMSA 1978 (being Laws 1989,
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0018| Chapter 201, Section 5, as amended) is amended to read:
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0019| "65-3-4. [REGULATIONS--]INSPECTIONS. [A. The secretary
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is directed to adopt in accordance with Section 65-1-10 NMSA
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1978 necessary rules and regulations under the Motor Carrier
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Safety Act as they apply to motor carrier safety. Such rules
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and regulations shall not be inconsistent with or more
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stringent than applicable federal safety standards.
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B. The department is authorized to] The division
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0001| may inspect at the motor carrier's place of business those
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0002| safety records required to be retained by the motor carrier
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0003| pursuant to the provisions of the Motor Carrier Safety Act.
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0004| Only inspectors and other persons certified by the director to
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0005| conduct motor carrier safety inspections are authorized to
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0006| enter upon and perform inspections of commercial motor carrier
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0007| vehicles."
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0008| Section 8. Section 65-5-1 NMSA 1978 (being Laws 1943,
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0009| Chapter 125, Section 8, as amended) is amended to read:
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0010| "65-5-1. VEHICLES TO STOP AT PORTS OF ENTRY--INFORMATION-
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0011| -INSPECTION.--
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0012| A. All commercial motor carrier vehicles, as
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0013| defined in the Motor Transportation Act, [must enter, leave or
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travel through the state on designated highways and] shall
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0015| stop at [every port of entry] ports of entry or field
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0016| enforcement activity sites as designated by the division for
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0017| [manifesting and clearance stickers] inspection, weighing
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0018| and verification of registration and taxation compliance.
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0019| B. The operators of any motor vehicles described in
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0020| Subsection A of this section shall, upon request, [make out
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and] deliver to the [agent] employee of the division a
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0022| manifest showing that part of the following information
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0023| requested:
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0024| (1) the name of the owner of the vehicle;
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0025| (2) the name of the operator or driver;
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0001| (3) the name of the forwarding or other
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0002| company in whose service the vehicle is licensed;
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0003| (4) the license number;
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0004| [(5) the state in which the vehicle has been
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granted a common or contract motor carrier permit, if any, and
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the number of the permit]
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0007| (5) the single state registration certificate
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0008| required pursuant to Section 65-2-115.1 NMSA 1978;
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0009| (6) the engine number;
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0010| (7) the serial number of the vehicle;
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0011| (8) a description of the vehicle;
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0012| (9) the point of origin of the shipment;
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0013| (10) the ultimate destination of the shipment;
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0014| (11) the gross vehicle weight of the vehicle
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0015| and cargo;
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0016| (12) the factory list capacity or the actual
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0017| capacity if rebuilt;
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0018| (13) the number of taxable miles to be
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0019| traveled within the state; and
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0020| (14) the nature, amount and coverage of all
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0021| public liability and other insurance carried upon the vehicle
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0022| and upon the cargo thereon.
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0023| C. The operator of the vehicle shall declare upon
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0024| the manifest the name and number of the highways which he
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0025| intends to use within the state and the place where he intends
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0001| to leave the state if the point of final destination is outside
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0002| the state. [The manifest shall be signed by the operator and
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filed with the person in charge of the port of entry.] The
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0004| operator of the vehicle shall present for inspection to the
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0005| [person in charge of the port of entry] division employee a
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0006| copy of the billing or invoice describing the contents of the
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0007| cargo and the weight of the cargo.
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0008| [C. The person in charge of the port of entry]
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0009| D. Inspectors and other division employees may verify the
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0010| information contained upon the billing or invoice and shall
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0011| check the license, permit, engine and serial numbers, weight
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0012| and description of the vehicle. The [person] employee
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0013| shall inspect the vehicle and ascertain whether it is in safe
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0014| and road-worthy condition, properly equipped with all lights,
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0015| brakes and other appliances required by any statute of this
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0016| state, in such condition as to be safe for operation upon the
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0017| public highways of this state.
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0018| [D.] E. The [person in charge of the port of
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entry] division employee may satisfy himself as to the
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0020| contents of the cargo and, the weight thereof and is authorized
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0021| to interview operators to obtain information in respect thereto
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0022| and, if in doubt as to the declared gross weight, may order the
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0023| cargo weighed before [issuing any clearance certificate for
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the motor vehicle] allowing the vehicle to proceed.
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0025| [E.] F. The [person in charge of the port of
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entry] division employee may inspect the contents of the
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0002| vehicle to determine whether all taxes on gasoline and motor
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0003| fuel and excise taxes on alcoholic liquors and all taxes on any
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0004| other property have been fully paid.
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0005| [F.] G. The [person in charge of the port of
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entry] division employee may inspect the vehicle and its
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0007| contents to determine whether all laws and all rules and
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0008| regulations pertaining to cargo securement and hazardous
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0009| materials and all laws, rules and regulations of the
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0010| departments of this state with respect to public safety,
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0011| health, welfare and comfort have been fully complied with."
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0012| Section 9. Section 65-5-3 NMSA 1978 (being Laws 1943,
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0013| Chapter 125, Section 10, as amended) is amended to read:
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0014| "65-5-3. CLEARANCE CERTIFICATES--TYPES OF CARRIERS.--
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0015| After inspection of the commercial motor vehicle, [and
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related documentation and any necessary registration, clearance
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certificates or special permits may be issued by the department
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for] load, driver's documentation and necessary registration,
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0019| the division shall release the vehicle for which the following
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0020| has been demonstrated:
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0021| A. the commercial motor carrier [vehicles
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operating] vehicle is in compliance with the provisions of
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0023| the Motor Carrier Act when:
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0024| (1) all taxes and registration fees required
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0025| by the laws of this state upon the vehicles and contents of the
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0001| vehicles have been paid and all other laws and rules and
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0002| regulations of departments of this state applicable to the
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0003| vehicles and contents have been complied with; and
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0004| (2) the operator or owner of the vehicle is
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0005| not in default or delinquent in the payment of any tax, the
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0006| filing of any report or the observance of any requirements of
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0007| the Motor Carrier Act;
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0008| [B. commercial motor carrier vehicles classified
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and designated in law as exempt when:
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(1) all taxes required by the laws of this
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state upon the contents of the vehicles have been paid and all
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other laws and rules and regulations of departments of this
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state applicable to the contents have been complied with; and
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(2)] B. the [vehicles have] vehicle has been
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0015| registered in this state or another state and evidence of
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0016| registration, including proper display of registration plates,
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0017| required by the laws of this state is provided; and
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0018| [C. commercial motor carrier vehicles not
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registered or licensed in this state that are transporting
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passengers for hire or property for hire or resale when:
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(1) all taxes and registration fees required
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by the laws of this state upon the vehicles and contents of the
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vehicles have been paid and all other laws and rules and
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regulations of departments of this state applicable to the
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vehicles and contents have been complied with;
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(2)] C. the vehicle is properly covered by
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0002| liability insurance in accordance with the provisions of the
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0003| Motor Carrier Act and the regulations of the state corporation
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0004| commission [and
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(3) the trip tax has been fully paid; and
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D. commercial motor carrier vehicles not registered
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or licensed in this state that are transporting property not
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for hire or resale when:
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(1) all taxes required by the laws of this
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state upon the contents of the vehicles have been paid and all
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other laws, rules and regulations applicable to such contents
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have been complied with; and
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(2) the trip tax has been fully paid]."
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0014| Section 10. Section 66-6-4 NMSA 1978 (being Laws 1978,
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0015| Chapter 35, Section 339, as amended by Laws 1994, Chapter 117,
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0016| Section 20 and also by Laws 1994, Chapter 126, Section 20) is
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0017| amended to read:
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0018| "66-6-4. REGISTRATION FEES--TRUCKS, TRUCK TRACTORS, ROAD
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0019| TRACTORS AND BUSES.--
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0020| A. Within their respective jurisdictions, the motor
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0021| vehicle and motor transportation divisions shall charge
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0022| registration fees for trucks, truck tractors, road tractors and
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0023| buses, except as otherwise provided by law, according to the
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0024| schedule of Subsection B of this section.
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0025| B. Declared Gross Weight Fee
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0001| 001 to 4,000 $ 30
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0002| 4,001 to 6,000 41
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0003| 6,001 to 8,000 52
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0004| 8,001 to 10,000 63
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0005| 10,001 to 12,000 74
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0006| 12,001 to 14,000 85
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0007| 14,001 to 16,000 96
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0008| 16,001 to 18,000 107
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0009| 18,001 to 20,000 118
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0010| 20,001 to 22,000 129
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0011| 22,001 to 24,000 140
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0012| 24,001 to 26,000 151
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0013| 26,001 to 48,000 88.50
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0014| 48,001 and over 129.50.
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0015| C. A vehicle required to be registered pursuant to
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0016| Section 65-1-12 NMSA 1978 that is being operated and moved on
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0017| the highways of this state without proof of registration shall
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0018| be deemed to be unregistered, and it shall immediately be
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0019| subject to the registration fees and penalties as prescribed by
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0020| law for the vehicle.
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0021| [C.] D. All trucks whose declared gross weight
|
0022| or whose gross vehicle weight is less than twenty-six thousand
|
0023| pounds, after five years of registration, calculated from the
|
0024| date when the vehicle was first registered in this or another
|
0025| state, shall be charged registration fees at eighty percent of
|
0001| the rate set out in Subsection B of this section.
|
0002| [D.] E. All trucks with a gross vehicle weight
|
0003| of more than [twenty-six] ten thousand pounds and all truck
|
0004| tractors and road tractors used to tow freight trailers shall
|
0005| be registered on the basis of combination gross vehicle weight.
|
0006| [E.] F. [All trucks with a gross vehicle weight
|
of twenty-six thousand pounds or less shall be registered on
|
the basis of gross vehicle weight.] Any trailer, semitrailer
|
0009| or pole trailer towed by a truck [of such] having a gross
|
0010| vehicle weight of twenty-six thousand pounds or less shall be
|
0011| classified as a utility trailer for registration purposes
|
0012| unless otherwise provided by law.
|
0013| [F.] G. All farm vehicles having a declared
|
0014| gross weight of more than six thousand pounds shall be charged
|
0015| registration fees of two-thirds of the rate of the respective
|
0016| fees provided in this section and shall be issued distinctive
|
0017| registration plates. "Farm vehicle" means any vehicle owned by
|
0018| a person whose principal occupation is farming or ranching and
|
0019| which vehicle is used principally in the transportation of farm
|
0020| and ranch products to market and farm and ranch supplies and
|
0021| livestock from the place of purchase to farms and ranches in
|
0022| this state; provided that the vehicle is not used for hire.
|
0023| [G.] H. In addition to other registration fees
|
0024| imposed by this section, beginning July 1, 1994, there is
|
0025| imposed at the time of registration an annual tire recycling
|
0001| fee of one dollar ($1.00) on each vehicle subject to a
|
0002| registration fee pursuant to this section, except for vehicles
|
0003| with a declared gross weight of greater than twenty-six
|
0004| thousand pounds upon which registration fees are imposed by
|
0005| Subsection B of this section.
|
0006| [H.] I. Four percent of registration fees of
|
0007| trucks having a declared gross weight from twenty-six thousand
|
0008| one pounds to forty-eight thousand pounds declared gross
|
0009| vehicle weight is to be transferred to the tire recycling fund
|
0010| pursuant to the provisions of Section 66-6-23 NMSA 1978.
|
0011| [I.] J. Five percent of registration fees of
|
0012| trucks in excess of forty-eight thousand pounds declared gross
|
0013| vehicle weight is to be transferred to the tire recycling fund
|
0014| pursuant to the provisions of Section 66-6-23 NMSA 1978."
|
0015| Section 11. TEMPORARY PROVISION--ELIMINATION OF PORT
|
0016| REVENUE AGENT POSITION.--All port revenue agents shall meet the
|
0017| requirements for motor carrier safety specialists by July 1,
|
0018| 1998. On that date, the position of port revenue agent is
|
0019| abolished.
|
0020| Section 12. REPEAL.--Sections 65-1-13 through 65-1-22,
|
0021| 65-1-24, 65-1-30, 65-1-32 through 65-1-33, 65-1-35 and 65-1-37
|
0022| NMSA 1978 (being Laws 1978, Chapter 17, Section 1, Laws 1972,
|
0023| Chapter 7, Sections 34 through 42, Laws 1978, Chapter 75,
|
0024| Section 1, Laws 1967, Chapter 97, Section 40, Laws 1972,
|
0025| Chapter 7, Section 47, Laws 1989, Chapter 319, Section 3, Laws
|
0001| 1972, Chapter 7, Section 48, Laws 1967, Chapter 97, Section 44
|
0002| and Laws 1972, Chapter 7, Section 50, as amended) are repealed.
|
0003| Section 13. EFFECTIVE DATE.--The effective date of the
|
0004| provisions of this act is July 1, 1997.
|
0005|
|
0006|
|
0007| FORTY-THIRD LEGISLATURE
|
0008| FIRST SESSION, 1997 SB 821/a
|
0009|
|
0010|
|
0011| February 26, 1997
|
0012|
|
0013| Mr. President:
|
0014|
|
0015| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
|
0016| whom has been referred
|
0017|
|
0018| SENATE BILL 821
|
0019|
|
0020| has had it under consideration and reports same with
|
0021| recommendation that it DO PASS, amended as follows:
|
0022|
|
0023| 1. On page 9, line 19, strike "desiring and".
|
0024|
|
0025| 2. On page 9, line 21, after "their" insert "commercial
|
0001| motor carrier".
|
0002|
|
0003| 3. On page 9, line 22, after "all" insert "New Mexico-based
|
0004| commercial".
|
0005|
|
0006| 4. On page 9, line 23, strike "carriers" and insert in lieu
|
0007| thereof "carrier vehicles".
|
0008|
|
0009| 5. On page 10, line 18, strike "operated or moved as".
|
0010|
|
0011| 6. On page 10, line 21, strike "for" and insert in lieu
|
0012| thereof "while".
|
0013|
|
0014| 7. On page 10, line 25, after "to" strike the remainder of
|
0015| the line.
|
0016|
|
0017| 8. On page 11, strike lines 1 and 2, and insert in lieu
|
0018| thereof "register the vehicle pursuant to this section."".
|
0019|
|
0020| 9. On page 11, line 11, after "imprisonment" insert a
|
0021| period and strike the remainder of the line and strike all of
|
0022| lines 12 and 13.
|
0023|
|
0024| 10. On page 19, line 17, strike the brackets and line
|
0025| through "twenty-six" and strike the underscored "ten".,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| and thence referred to the FINANCE COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013|
|
0014| __________________________________
|
0015| Roman M. Maes, III, Chairman
|
0016|
|
0017|
|
0018|
|
0019| Adopted_______________________ Not
|
0020| Adopted_______________________
|
0021| (Chief Clerk) (Chief Clerk)
|
0022|
|
0023|
|
0024| Date ________________________
|
0025|
|
0001|
|
0002| The roll call vote was 7 For 1 Against
|
0003| Yes: 7
|
0004| No: McKibben
|
0005| Excused: Fidel, Robinson
|
0006| Absent: None
|
0007|
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| S0821CT1 .117515.1
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997
|
0016|
|
0017|
|
0018| March 15, 1997
|
0019|
|
0020| Mr. President:
|
0021|
|
0022| Your FINANCE COMMITTEE, to whom has been referred
|
0023|
|
0024| SENATE BILL 821, as amended
|
0025|
|
0001| has had it under consideration and reports same with
|
0002| recommendation that it DO PASS.
|
0003|
|
0004| Respectfully submitted,
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| __________________________________
|
0010| Ben D. Altamirano, Chairman
|
0011|
|
0012|
|
0013|
|
0014| Adopted_______________________ Not
|
0015| Adopted_______________________
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018|
|
0019|
|
0020| Date ________________________
|
0021|
|
0022|
|
0023| The roll call vote was 6 For 0 Against
|
0024| Yes: 6
|
0025| No: None
|
0001| Excused: Aragon, Carraro, Ingle, McKibben, Smith
|
0002| Absent: None
|
0003|
|
0004|
|
0005| S0821FC1
|