SENATE BILL 213
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
George K. Muñoz
AN ACT
RELATING TO TAXATION; INDEXING THE GASOLINE TAX, THE WEIGHT DISTANCE TAX AND THE SPECIAL FUEL EXCISE TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-13-3 NMSA 1978 (being Laws 1971, Chapter 207, Section 3, as amended) is amended to read:
"7-13-3. IMPOSITION AND RATE OF TAX--DENOMINATION AS "GASOLINE TAX".--
A. For the privilege of receiving gasoline in this state, there is imposed an excise tax at a rate provided in Subsection B of this section on each gallon of gasoline received in New Mexico.
B. The tax imposed by Subsection A of this section shall be:
(1) prior to July 1, 2028, seventeen cents ($.17) per gallon received in New Mexico; and
(2) on and after July 1, 2028, the rate determined pursuant to Subsection C of this section.
C. No later than April 30, 2028 and April 30 of each subsequent year, the department shall calculate the rate of gasoline tax to be imposed as of July 1 of that year. The rate of the gasoline tax per gallon shall be equal to the product, rounded down to the nearest whole cent, of seventeen cents ($.17) multiplied by a fraction with a numerator equal to the consumer price index for the previous calendar year and a denominator equal to the consumer price index for calendar year 2026; provided that the rate of the tax shall not be less than the rate imposed on July 1 of the previous year. As used in this subsection, "consumer price index" means the consumer price index for all urban consumers as published by the United States bureau of labor statistics.
[C.] D. The tax imposed by this section may be called the "gasoline tax"."
SECTION 2. Section 7-15A-6 NMSA 1978 (being Laws 1988, Chapter 73, Section 33, as amended) is amended to read:
"7-15A-6. TAX RATE FOR MOTOR VEHICLES OTHER THAN BUSES--REDUCTION OF RATE FOR ONE-WAY HAULS.--
A. For on-highway operations of motor vehicles other than buses, the weight distance tax shall be:
(1) prior to July 1, 2028, computed in accordance with the following schedule:
Declared Gross Weight Tax Rate
(Gross Vehicle Weight) (Mills per Mile)
26,001 to 28,000 11.01
28,001 to 30,000 11.88
30,001 to 32,000 12.77
32,001 to 34,000 13.64
34,001 to 36,000 14.52
36,001 to 38,000 15.39
38,001 to 40,000 16.73
40,001 to 42,000 18.05
42,001 to 44,000 19.36
44,001 to 46,000 20.69
46,001 to 48,000 22.01
48,001 to 50,000 23.33
50,001 to 52,000 24.65
52,001 to 54,000 25.96
54,001 to 56,000 27.29
56,001 to 58,000 28.62
58,001 to 60,000 29.93
60,001 to 62,000 31.24
62,001 to 64,000 32.58
64,001 to 66,000 33.90
66,001 to 68,000 35.21
68,001 to 70,000 36.52
70,001 to 72,000 37.86
72,001 to 74,000 39.26
74,001 to 76,000 40.71
76,001 to 78,000 42.21
78,001 and over 43.78; and
(2) on and after July 1, 2028, the rate determined pursuant to Subsection B of this section.
B. No later than April 30, 2028 and April 30 of each subsequent year, the department shall calculate the rates of the weight distance tax to be imposed as of July 1 of that year. The rates shall be equal to the product, rounded down to the nearest whole cent, of the rates pursuant to Subsection A of this section multiplied by a fraction with a numerator equal to the consumer price index for the previous calendar year and a denominator equal to the consumer price index for calendar year 2026; provided that the rates of the tax shall not be less than the rates imposed on July 1 of the previous year. As used in this subsection, "consumer price index" means the consumer price index for all urban consumers as published by the United States bureau of labor statistics.
[B.] C. All motor vehicles for which the tax is computed under Subsection A of this section shall pay a tax that is two-thirds of the tax computed under Subsection A of this section if:
(1) the motor vehicle is customarily used for one-way haul;
(2) forty-five percent or more of the mileage traveled by the motor vehicle for a registration year is mileage that is traveled empty of all load; and
(3) the registrant, owner or operator of the vehicle attempting to qualify under this subsection has made a sworn application to the department to be classified under this subsection for a registration year and has given whatever information is required by the department to determine the eligibility of the vehicle to be classified under this subsection and the vehicle has been so classified."
SECTION 3. Section 7-15A-7 NMSA 1978 (being Laws 1988, Chapter 73, Section 34, as amended) is amended to read:
"7-15A-7. TAX RATE FOR BUSES.--
A. For all buses, the weight distance tax shall be:
(1) prior to July 1, 2028, computed in accordance with the following schedule:
Declared Gross Weight Tax Rate
(Gross Vehicle Weight) (Mills per Mile)
26,001 to 28,000 11.01
28,001 to 30,000 11.88
30,001 to 32,000 12.77
32,001 to 34,000 13.64
34,001 to 36,000 14.52
36,001 to 38,000 15.39
38,001 to 40,000 16.73
40,001 to 42,000 18.05
42,001 to 44,000 19.36
44,001 to 46,000 20.69
46,001 to 48,000 22.01
48,001 to 50,000 23.33
50,001 to 52,000 24.65
52,001 to 54,000 25.96
54,001 and over 27.29; and
(2) on and after July 1, 2028, the rate determined pursuant to Subsection B of this section.
B. No later than April 30, 2028 and April 30 of each subsequent year, the department shall calculate the rates of the weight distance tax to be imposed as of July 1 of that year. The rates shall be equal to the product, rounded down to the nearest whole cent, of the rates pursuant to Subsection A of this section multiplied by a fraction with a numerator equal to the consumer price index for the previous calendar year and a denominator equal to the consumer price index for calendar year 2026; provided that the rates of the tax shall not be less than the rates imposed on July 1 of the previous year. As used in this subsection, "consumer price index" means the consumer price index for all urban consumers as published by the United States bureau of labor statistics."
SECTION 4. Section 7-16A-3 NMSA 1978 (being Laws 1992, Chapter 51, Section 3, as amended) is amended to read:
"7-16A-3. IMPOSITION AND RATE OF TAX--DENOMINATION AS SPECIAL FUEL EXCISE TAX.--
A. For the privilege of receiving or using special fuel in this state, there is imposed an excise tax at a rate provided in Subsection B of this section on each gallon of special fuel received in New Mexico.
B. The tax imposed by Subsection A of this section shall be:
(1) prior to July 1, 2028, twenty-one cents ($.21) per gallon of special fuel received or used in New Mexico; and
(2) on and after July 1, 2028, the rate determined pursuant to Subsection C of this section.
C. No later than April 30, 2028 and April 30 of each subsequent year, the department shall calculate the rate of special fuel excise tax to be imposed as of July 1 of that year. The rate of the special fuel excise tax per gallon shall be equal to the product, rounded down to the nearest whole cent, of twenty-one cents ($.21) multiplied by a fraction with a numerator equal to the consumer price index for the previous calendar year and a denominator equal to the consumer price index for calendar year 2026; provided that the rate of the tax shall not be less than the rate imposed on July 1 of the previous year. As used in this subsection, "consumer price index" means the consumer price index for all urban consumers as published by the United States bureau of labor statistics.
[C.] D. The tax imposed by this section may be called the "special fuel excise tax"."
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