0001| AN ACT | 0002| RELATING TO MOTORBOATS; ALLOWING MUNICIPALITIES, COUNTIES AND FEE | 0003| AGENTS OPERATING MOTOR VEHICLE FIELD OFFICES TO RECEIVE PAYMENTS | 0004| FOR MOTORBOAT REGISTRATIONS AND TITLE TRANSACTIONS; AMENDING A | 0005| SECTION OF THE MOTOR VEHICLE CODE. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 66-6-23 NMSA 1978 (being Laws 1978, Chapter 35, Section 358, as | 0009| amended) is amended to read: | 0010| "66-6-23. DISPOSITION OF FEES.-- | 0011| A. After the necessary disbursements for refunds and other purposes have been | 0012| made, the money remaining, except for remittances received within the previous two months that | 0013| are unidentified as to source or disposition, shall be distributed as follows: | 0014| (1) to each municipality, county or fee agent operating a motor vehicle | 0015| field office, an amount equal to six dollars ($6.00) per driver's license and three dollars ($3.00) | 0016| per identification card or motor vehicle or motorboat registration or title transaction performed; | 0017| (2) to each municipality or county, other than a class A county with a | 0018| population in excess of three hundred thousand or a municipality with a population in excess of | 0019| three hundred thousand within a class A county, operating a motor vehicle field office, an | 0020| amount equal to fifty cents ($.50) for each administrative service fee remitted by that county or | 0021| municipality to the department pursuant to the provisions of Section 66-2-16 NMSA 1978; | 0022| (3) to the state road fund: | 0023| (a) an amount equal to one-half of each fee received from | 0024| motorcycle endorsements; and | 0025| (b) the remainder of each driver's license fee collected by the | 0001| department employees from an applicant to whom a license is granted after deducting from the | 0002| driver's license fee the amount of the distribution authorized in Paragraph (1) of this subsection | 0003| with respect to that collected driver's license fee; | 0004| (4) to the local governments road fund, the amount of the fees provided | 0005| for in Subsection A of Section 66-5-408 NMSA 1978; | 0006| (5) to the division: | 0007| (a) an amount equal to one-half of each fee received from | 0008| motorcycle endorsements; | 0009| (b) an amount equal to two dollars ($2.00) of each motorcycle | 0010| registration fee collected pursuant to Section 66-6-1 NMSA 1978; and | 0011| (c) an amount equal to the fees provided for in Subsection C of | 0012| Section 66-5-44 NMSA 1978 and Subsection B of Section 66-5-408 NMSA 1978; | 0013| (6) to the state equalization guarantee distribution made annually pursuant | 0014| to the general appropriation act, an amount equal to one hundred percent of the driver safety fee | 0015| collected pursuant to Section 66-5-44 NMSA 1978; | 0016| (7) to the rubberized asphalt fund, forty-five percent of all tire recycling | 0017| fees collected pursuant to the provisions of Sections 66-6-1, 66-6-2, 66-6-4, 66-6-5 and 66-6-8 | 0018| NMSA 1978; and | 0019| (8) to the tire recycling fund, the amount remaining, after distributions | 0020| pursuant to Paragraph (7) of this subsection have been made to the rubberized asphalt fund, from | 0021| all annual tire recycling fees collected pursuant to the provisions of Sections 66-6-1, 66-6-2, | 0022| 66-6-4, 66-6-5 and 66-6-8 NMSA 1978. | 0023| B. The balance, exclusive of unidentified remittances, after having been reduced | 0024| by the distributions required by Subsection A of this section, shall be further reduced by a | 0025| distribution of forty-three percent of the balance to the state road fund, and the remainder of the | 0001| balance shall be transferred or distributed by the state treasurer on or before the last day of the | 0002| month next after its receipt, as follows: | 0003| (1) forty-one and three-tenths percent shall be distributed to the state road | 0004| fund; | 0005| (2) seventeen and six-tenths percent shall be transferred to each county in | 0006| the proportion, determined by the department in accordance with Subsection C of this section, | 0007| that the registration fees for vehicles in that county are to the total registration fees for vehicles in | 0008| all counties; | 0009| (3) seventeen and six-tenths percent shall be transferred to the counties, | 0010| each county receiving an amount equal to the proportion, determined by the secretary of highway | 0011| and transportation in accordance with Subsection E of this section, that the mileage of public | 0012| roads maintained by the county is to the total mileage of public roads maintained by all counties | 0013| of the state. Amounts distributed to each county in accordance with this paragraph shall be | 0014| credited to the respective county road fund and be used for the improvement and maintenance of | 0015| the public roads in the county and to pay for the acquisition of rights of way and material pits. | 0016| For this purpose, the board of county commissioners of each of the respective counties shall | 0017| certify by April 1 of each year to the secretary of highway and transportation the total mileage as | 0018| of April 1 of that year; provided that in their report, the boards of county commissioners shall | 0019| identify each of the public roads maintained by them by name, route and location. By agreement | 0020| and in cooperation with the state highway and transportation department, the boards of county | 0021| commissioners of the various counties may use or designate any of the funds provided in this | 0022| paragraph for any federal aid program; | 0023| (4) nine and four-tenths percent shall be allocated among the counties in | 0024| the proportion, determined by the department in accordance with Subsection C of this section, | 0025| that the registration fees for vehicles in that county are to the total registration fees for vehicles in | 0001| all counties. The amount allocated to each county shall be transferred to the incorporated | 0002| municipalities within the county in the proportion, determined by the department of finance and | 0003| administration in accordance with Subsection C of this section, that the sum of net taxable value, | 0004| as that term is defined in the Property Tax Code, plus the assessed value, as that term is used in | 0005| the Oil and Gas Ad Valorem Production Tax Act and in the Oil and Gas Production Equipment | 0006| Ad Valorem Tax Act, determined for the incorporated municipality is to the sum of net taxable | 0007| value plus assessed value determined for all incorporated municipalities within the county. | 0008| Amounts transferred to incorporated municipalities under the provisions of this paragraph shall | 0009| be used for the construction, maintenance and repair of streets within the municipality and for | 0010| payment of paving assessments against property owned by federal, county or municipal | 0011| governments. In any county in which there are no incorporated municipalities, the amount | 0012| allocated under this paragraph shall be transferred to the county road fund and used in accordance | 0013| with the provisions of Paragraph (3) of this subsection; and | 0014| (5) fourteen and one-tenth percent shall be allocated among the counties | 0015| in the proportion, determined by the department in accordance with Subsection C of this section, | 0016| that the registration fees for vehicles in that county are to the total registration fees for vehicles in | 0017| all counties. The amount allocated to each county shall be transferred to the county and | 0018| incorporated municipalities within the county in the proportion, determined by the department of | 0019| finance and administration in accordance with Subsection C of this section, that the computed | 0020| taxes due for the county and each incorporated municipality within the county bear to the total | 0021| computed taxes due for the county and incorporated municipalities within the county. For the | 0022| purposes of this paragraph, the term "computed taxes due" for any jurisdiction means the sum of | 0023| the net taxable value, as that term is defined in the Property Tax Code, plus the assessed value, as | 0024| that term is used in the Oil and Gas Ad Valorem Production Tax Act and in the Oil and Gas | 0025| Production Equipment Ad Valorem Tax Act, for that jurisdiction multiplied by an average of the | 0001| rates for residential and nonresidential property imposed for that jurisdiction pursuant to | 0002| Subsection B of Section 7-37-7 NMSA 1978. | 0003| C. To carry out the provisions of this section, during the month of June of each | 0004| year: | 0005| (1) the department shall determine and certify to the department of | 0006| finance and administration the proportions which the department is required to determine by | 0007| Subsection B of this section using information for the preceding calendar year on the number of | 0008| vehicles registered in each county based on the address of the owner or place where the vehicle is | 0009| principally located, the registration fees for the vehicles registered in each county, the total | 0010| number of vehicles registered in the state and the total registration fees for all vehicles registered | 0011| in the state; and | 0012| (2) the department of finance and administration shall determine the | 0013| proportions that the department of finance and administration is required to determine by | 0014| Subsection B of this section based upon the net taxable value, as that term is defined in the | 0015| Property Tax Code, and assessed value, as that term is used in the Oil and Gas Ad Valorem | 0016| Production Tax Act and the Oil and Gas Production Equipment Ad Valorem Tax Act, for the | 0017| preceding tax year and the tax rates imposed pursuant to Subsection B of Section 7-37-7 NMSA | 0018| 1978 in the preceding September. | 0019| D. By June 30 of each year, the department of finance and administration shall | 0020| determine the appropriate percentage of money to be transferred to each county and municipality | 0021| for each purpose in accordance with Subsection A of this section based upon the proportions | 0022| determined by or certified to the department of finance and administration. The percentages | 0023| determined shall be used to compute the amounts to be transferred to the counties and | 0024| municipalities during the succeeding fiscal year. | 0025| E. The board of county commissioners of each of the respective counties shall, by | 0001| April 1 of every year, certify reports to the secretary of highway and transportation of the total | 0002| mileage of public roads maintained by each county as of April 1 of every year; provided that in | 0003| their reports, the boards of county commissioners shall identify each of the public roads | 0004| maintained by them by name, route and location. By July 1 of every year, the secretary of | 0005| highway and transportation shall verify the reports of the counties and revise, if necessary, the | 0006| total mileage of public roads maintained by each county and the mileage verified by the secretary | 0007| of highway and transportation shall be the official mileage of public roads maintained by each | 0008| county. Distribution of amounts to any county for road purposes shall be made in accordance | 0009| with this section. | 0010| F. If a county has not made the required mileage certification pursuant to Section | 0011| 67-3-28.3 NMSA 1978 by April 1 of any year, the secretary of highway and transportation shall | 0012| estimate the mileage maintained by those counties for the purpose of making distribution to all | 0013| counties, and the amount calculated to be distributed each month to those counties not certifying | 0014| mileage shall be reduced by one-third each month for that fiscal year and that amount not | 0015| distributed to those counties shall be distributed equally to all counties that have certified | 0016| mileages. | 0017| G. The secretary shall review, at the end of each fiscal year, the aggregate total of | 0018| motor vehicle transactions performed by each municipality, county or fee agent operating a motor | 0019| vehicle field office, and for each office exceeding ten thousand aggregate transactions per year, | 0020| that municipality, county or fee agent shall be paid an additional one dollar ($1.00) per | 0021| identification card, driver's license, registration or title transaction performed during the next | 0022| fiscal year." | 0023| Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is | 0024| July 1, 1997. |