HOUSE BILL 419

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Richard D. Vigil

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; TRANSFERRING THE MOTOR TRANSPORTATION DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; PROVIDING FOR TRANSFER OF FUNCTIONS, APPROPRIATIONS, PERSONNEL, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES; AMENDING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 7-15-2.1 NMSA 1978 (being Laws 1988, Chapter 73, Section 23, as amended) is amended to read:

     "7-15-2.1. DEFINITIONS.--As used in the Trip Tax Act:

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

          B. "commercial motor carrier vehicle" means any motor vehicle with a gross weight of twelve thousand pounds or more used or reserved for use in the transportation of persons, property or merchandise for hire, compensation or profit or in the furtherance of a commercial enterprise or any vehicle used or maintained primarily for the transportation of property or merchandise or for drawing other vehicles so used or maintained;

          C. "department" means the department of [public safety] transportation, the secretary of [public safety] transportation and any employee of that department exercising authority lawfully delegated to that employee by the secretary;

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

          E. "motor vehicle" means every vehicle [which] that is self-propelled and every vehicle [which] that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails;

          F. "registrant" means the person who has registered the vehicle pursuant to the laws of this state or another state;

          G. "trip tax" means the use fee imposed under the Trip Tax Act; and

          H. "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved by human power or used exclusively upon stationary rails or tracks."

     SECTION 2. Section 7-15A-12 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 3, Section 6) is amended to read:

     "7-15A-12. WEIGHT DISTANCE TAX IDENTIFICATION PERMITS--SUSPENSION AND RENEWAL.--

          A. An operator of a motor vehicle registered in this state and subject to the weight distance tax shall display a weight distance tax identification permit issued for that vehicle to an enforcement officer of the department of [public safety] transportation upon demand of that employee and when the vehicle passes through a port of entry.

          B. The department may suspend or decline to renew a weight distance tax identification permit for a motor vehicle if the owner or operator of the vehicle does not comply with the provisions of the Weight Distance Tax Act."

     SECTION 3. Section 7-15A-14 NMSA 1978 (being Laws 2003 (1st S.S.), Chapter 3, Section 8, as amended) is amended to read:

     "7-15A-14. WEIGHT DISTANCE TAX IDENTIFICATION PERMIT FUND.--The "weight distance tax identification permit fund" is created in the state treasury. The purpose of the fund is to provide an account from which the department may pay the costs of issuing and administering weight distance tax identification permits and of enforcing weight distance tax identification permit use. The fund shall consist of administrative fees collected pursuant to the Weight Distance Tax Act. Money in the fund shall be appropriated to the department to pay for the cost of issuance and administration of weight distance tax identification permits and of enforcement by the department or the motor transportation division of the department of [public safety] transportation of weight distance tax identification permit use for motor carriers that do not comply with the provisions of the Weight Distance Tax Act. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the secretary or the secretary's authorized representative. Money in the fund shall not revert to the general fund at the end of a fiscal year."

     SECTION 4. Section 9-19-4 NMSA 1978 (being Laws 1987, Chapter 254, Section 4, as amended) is amended to read:

     "9-19-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "department of public safety". The department shall be a cabinet department and shall consist of, but not be limited to, [five] six program divisions, an administrative division and an information technology division as follows:

          A. the New Mexico state police division;

          B. the special investigations division;

          C. the training and recruiting division;

          D. the technical support division;

          E. the administrative services division; and

          [F. the motor transportation division; and                G.] F. the information technology division."

     SECTION 5. Section 65-1-2 NMSA 1978 (being Laws 1978, Chapter 19, Section 1, as amended) is amended to read:

     "65-1-2. DEFINITIONS.--As used in the Motor Transportation Act:

          A. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear;

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

          C. "commercial motor carrier vehicle" means a self-propelled or towed vehicle, other than special mobile equipment, used on public highways in commerce to transport passengers or property when the vehicle:

                (1) is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one or more pounds;

                (2) is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;

                (3) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or

                (4) is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law;

          D. "converter gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A "converter gear" shall not be considered a vehicle as that term is used in Chapter 66 NMSA 1978, but its weight [attributable thereto] shall be included in declared gross weight;

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

          F. "department", without modification, means the department of [public safety] transportation, the secretary of [public safety] transportation or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

          G. "director" means the secretary;

          H. "division" means the motor transportation division of the department;

          I. "evidence of registration" means documentation issued by the taxation and revenue department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a motor carrier vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act or Trip Tax Act are not "evidence of registration";

          J. "field enforcement" or "in the field" means patrolling of the highway, stopping of commercial motor carrier vehicles or establishing ports of entry and roadblocks for the purpose of checking motor carriers and includes similar activities;

          K. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor and any trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but the term does not include house trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight;

          L. "gross vehicle weight" means the weight of a vehicle without load plus the weight of any load thereon;

          M. "motor carrier" means any person that owns, controls, operates or manages any motor vehicle with gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;

          N. "motor vehicle" means any vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;

          O. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;

          P. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or an agency, department or instrumentality [thereof]; "person" also includes an officer or employee of a corporation, a member or employee of a partnership or any individual who, as such, is under a duty to perform any act in respect of which a violation occurs;

          Q. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud;

          R. "public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;

          S. "secretary" means the secretary of [public safety] transportation and, except for the purposes of Section 65-1-33 NMSA 1978, also includes [the] a deputy secretary and any division director delegated by the secretary;

          T. "state" or "jurisdiction" means a state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, a foreign country or a state or province of a foreign country; and

          U. "utility trailer" means any trailer, semitrailer or pole trailer and includes house trailers that exceed neither eight feet in width nor forty feet in length, but does not include freight trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight." 

     SECTION 6. Section 65-1-39 NMSA 1978 (being Laws 2007, Chapter 54, Section 2) is amended to read:

     "65-1-39. DEFINITIONS.--As used in Sections [1 through 8 of this act] 65-1-39 through 65-1-45 NMSA 1978:

          [A. "director" means the director of the division;

          B.] A. "department" means the department of [public safety] transportation;

          B. "director" means the director of the division;

          C. "division" means the motor transportation division of the department;

          D. "officer" means a commissioned officer of the division;

          E. "personnel board" means the personnel board created in the Personnel Act; and

          F. "secretary" means the secretary of [public safety] transportation."

     SECTION 7. Section 66-1-4.17 NMSA 1978 (being Laws 1990, Chapter 120, Section 18, as amended) is amended to read:

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

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

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

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

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

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

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

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

          H. "traffic safety bureau" means the traffic safety bureau of the department of transportation;

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

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

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

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

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

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

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

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

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

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

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

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

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

          S. "truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and constructed to carry a part of the weight of the vehicle and load drawn."

     SECTION 8. Section 74-13-9 NMSA 1978 (being Laws 2005, Chapter 171, Section 9) is amended to read:

     "74-13-9. SCRAP TIRE MANIFEST SYSTEM.--A scrap tire generator [who] that transports or offers for transportation scrap tires for offsite handling, altering, storage, disposal or for any combination thereof shall complete a scrap tire manifest pursuant to rules adopted by the board. Upon demand, the manifest for every generator whose scrap tire load is transported shall be shown to an officer of the motor transportation division of the department of [public safety] transportation, the New Mexico state police, a local law enforcement officer or the secretary or the secretary's designee."

     SECTION 9. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, APPROPRIATIONS, PERSONNEL AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, personnel, money, records, furniture, equipment and other property of the motor transportation division of the department of public safety shall be transferred to the department of transportation.

          B. On the effective date of this act, contractual obligations of the motor transportation division of the department of public safety are binding on the department of transportation.

          C. On the effective date of this act, all references in law to the motor transportation division of the department of public safety shall be deemed to be references in law to the motor transportation division of the department of transportation. All references in law to the director of the motor transportation division of the department of public safety shall be deemed to be references to the director of the motor transportation division of the department of transportation.

     SECTION 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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