0001| SENATE BILL 87
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003| INTRODUCED BY
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0004| Manny M. Aragon
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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|
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0012| RELATING TO MOTOR TRANSPORTATION; ELIMINATING THE TAXATION AND
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0013| REVENUE DEPARTMENT'S LAW ENFORCEMENT POWERS RELATING TO MOTOR
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0014| CARRIERS; TRANSFERRING THE MOTOR TRANSPORTATION DIVISION,
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0015| INCLUDING THE POWERS AND PERSONNEL TO ADMINISTER AND ENFORCE
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0016| THE MOTOR TRANSPORTATION ACT AND CERTAIN PROVISIONS OF LAW
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0017| RELATING TO MOTOR CARRIERS, FROM THE TAXATION AND REVENUE
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0018| DEPARTMENT TO THE DEPARTMENT OF PUBLIC SAFETY; AMENDING,
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0019| ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978; MAKING
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0020| APPROPRIATIONS; DECLARING AN EMERGENCY.
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0021|
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0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0023| Section 1. Section 7-15-2.1 NMSA 1978 (being Laws 1988,
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0024| Chapter 73, Section 23) is amended to read:
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0025| "7-15-2.1. DEFINITIONS.--As used in the Trip Tax Act:
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0001| A. "combination gross vehicle weight" means the
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0002| sum total of the gross vehicle weights of all units of a
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0003| combination;
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0004| B. "commercial motor carrier vehicle" means any
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0005| motor vehicle with a gross weight of twelve thousand pounds or
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0006| more used or reserved for use in the transportation of
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0007| persons, property or merchandise for hire, compensation or
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0008| profit or in the furtherance of a commercial enterprise or any
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0009| vehicle used or maintained primarily for the transportation of
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0010| property or merchandise or for drawing other vehicles so used
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0011| or maintained;
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0012| C. "department" means the [taxation and revenue]
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0013| department of public safety, the secretary of [taxation and
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revenue] public safety and any employee of that department
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0015| exercising authority lawfully delegated to that employee by
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0016| the secretary;
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0017| D. "gross vehicle weight" means the weight of a
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0018| vehicle without load, plus the weight of any load thereon;
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0019| E. "motor vehicle" means every vehicle which is
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0020| self-propelled and every vehicle which is propelled by
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0021| electric power obtained from batteries or from overhead
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0022| trolley wires, but not operated upon rails;
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0023| F. "registrant" means the person who has
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0024| registered the vehicle pursuant to the laws of this state or
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0025| another state;
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0001| G. "trip tax" means the use fee imposed under the
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0002| Trip Tax Act; and
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0003| H. "vehicle" means every device in, upon or by
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0004| which any person or property is or may be transported or drawn
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0005| upon a highway, including any frame, chassis or body of any
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0006| vehicle or motor vehicle, except devices moved by human power
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0007| or used exclusively upon stationary rails or tracks."
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0008| Section 2. Section 9-11-4 NMSA 1978 (being Laws 1977,
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0009| Chapter 249, Section 4, as amended) is amended to read:
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0010| "9-11-4. DEPARTMENT ESTABLISHED.--There is created in
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0011| the executive branch the "taxation and revenue department".
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0012| The department shall be a cabinet department and shall consist
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0013| of, but not be limited to, an administrative services division
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0014| and [five] four program divisions as follows:
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0015| A. the audit and compliance division;
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0016| B. the property tax division;
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0017| C. the revenue processing division; and
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0018| D. the motor vehicle division [and
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E. the motor transportation division]."
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0020| Section 3. Section 9-19-4 NMSA 1978 (being Laws 1987,
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0021| Chapter 254, Section 4, as amended) is amended to read:
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0022| "9-19-4. DEPARTMENT ESTABLISHED.--There is created in
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0023| the executive branch the "department of public safety". The
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0024| department shall be a cabinet department and shall consist of,
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0025| but not be limited to, [four] five program divisions and
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0001| one administrative division, as follows:
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0002| A. the New Mexico state police division;
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0003| B. the special investigations division;
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0004| C. the training and recruiting division;
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0005| D. the technical and emergency support division;
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0006| [and]
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0007| E. the administrative services division; and
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0008| F. the motor transportation division."
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0009| Section 4. Section 65-1-2 NMSA 1978 (being Laws 1978,
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0010| Chapter 19, Section 1, as amended) is amended to read:
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0011| "65-1-2. DEFINITIONS.--As used in the Motor
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0012| Transportation Act:
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0013| A. "combination" means any connected assemblage of
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0014| a motor vehicle and one or more semitrailers, trailers or
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0015| semitrailers converted to trailers by means of a converter
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0016| gear;
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0017| B. "combination gross vehicle weight" means the
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0018| sum total of the gross vehicle weights of all units of a
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0019| combination;
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0020| C. "commercial motor carrier vehicle" means any
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0021| motor vehicle with a gross vehicle weight of twelve thousand
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0022| pounds or more used or reserved for use in the transportation
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0023| of persons or property for hire, compensation or profit or in
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0024| the furtherance of a commercial enterprise or any vehicle
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0025| designed, used or maintained primarily for the transportation
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0001| of property or for drawing other vehicles so designed, used or
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0002| maintained;
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0003| D. "converter gear" means any assemblage of one or
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0004| more axles with a fifth wheel mounted thereon designed for use
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0005| in a combination to support the front end of a semitrailer,
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0006| but not permanently attached thereto. A "converter gear"
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0007| shall not be considered a vehicle as that term is used in
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0008| Chapter 66 NMSA 1978, but weight attributable thereto shall be
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0009| included in declared gross weight;
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0010| E. "declared gross weight" means maximum gross
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0011| vehicle weight or combination gross vehicle weight at which a
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0012| vehicle or combination will be operated during the
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0013| registration period as declared by the registrant for
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0014| registration and fee purposes. The vehicle or combination
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0015| shall have only one "declared gross weight" for all operating
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0016| considerations;
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0017| F. "department", without modification, means the
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0018| [taxation and revenue] department of public safety, the
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0019| secretary of [taxation and revenue] public safety or any
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0020| employee of the department exercising authority lawfully
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0021| delegated to that employee by the secretary;
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0022| G. "director" means the secretary;
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0023| H. "division" [or "motor transportation
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division"] means the motor transportation division of the
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0025| department;
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0001| I. "evidence of registration" means any
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0002| documentation issued by the taxation and revenue department
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0003| identifying a motor carrier vehicle as being registered with
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0004| New Mexico or documentation issued by another state pursuant
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0005| to the terms of a multistate agreement on registration of
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0006| vehicles to which this state is a party identifying a motor
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0007| carrier vehicle as being registered with that state; provided
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0008| that evidence of payment of the weight distance tax and
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0009| permits obtained under either the Special Fuels Supplier Tax
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0010| Act or Trip Tax Act are not "evidence of registration";
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0011| J. "field enforcement" or "in the field" means
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0012| patrolling of the highway, stopping of commercial motor
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0013| carrier vehicles or establishing ports of entry and roadblocks
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0014| for the purpose of checking motor carriers and includes
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0015| similar activities;
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0016| [K. "fleet" means one or more motor carrier
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vehicles, either commercial or noncommercial but not mixed,
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that are operated in this and at least one other jurisdiction;
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L.] K. "freight trailer" means any trailer,
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semitrailer or pole trailer drawn by a truck tractor or road
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tractor and any trailer, semitrailer or pole trailer drawn by
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a truck that has a gross vehicle weight of more than twenty-
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six thousand pounds, but the term does not include house
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trailers, trailers of less than one-ton carrying capacity used
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to transport animals or fertilizer trailers of less than three
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thousand five hundred pounds empty weight;
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[M.] L. "gross vehicle weight" means the weight
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0003| of a vehicle without load plus the weight of any load thereon;
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0004| [N.] M. "motor carrier" means any person or
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0005| firm that owns, controls, operates or manages any motor
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0006| vehicle with gross vehicle weight of twelve thousand pounds or
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0007| more that is used to transport persons or property on the
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0008| public highways of this state;
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0009| [O.] N. "motor vehicle" means any vehicle or
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0010| device that is propelled by an internal combustion engine or
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0011| electric motor power that is used or may be used on the public
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0012| highways for the purpose of transporting persons or property
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0013| and includes any connected trailer or semitrailer;
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0014| [P.] O. "one-way rental fleet" means two or
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0015| more vehicles each having a gross vehicle weight of under
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0016| twenty-six thousand one pounds and rented to the public
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0017| without a driver;
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0018| [Q.] P. "person" means any individual, estate,
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0019| trust, receiver, cooperative association, club, corporation,
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0020| company, firm, partnership, joint venture, syndicate or other
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0021| association; "person" also means, to the extent permitted by
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0022| law, any federal, state or other governmental unit or
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0023| subdivision or an agency, department or instrumentality
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0024| thereof; "person" also includes an officer or employee of a
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0025| corporation, a member or employee of a partnership or any
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0001| individual who, as such, is under a duty to perform any act in
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0002| respect of which a violation occurs;
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0003| [R. "preceding year" means a period of twelve
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consecutive months fixed by the department, which period is
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within the sixteen months immediately preceding the
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commencement of the registration or license year for which
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proportional registration is sought. The department, in
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fixing that period, shall make it conform to the terms,
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conditions and requirements of any applicable agreement or
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arrangement for the proportional registration of vehicles;
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S.] Q. "properly registered" means bearing the
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0012| lawfully issued and currently valid evidence of registration
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0013| of this or another jurisdiction, regardless of the owner's
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0014| residence, except in those cases where the evidence has been
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0015| procured by misrepresentation or fraud;
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0016| [T.] R. "public highway" means every way or
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0017| place generally open to the use of the public as a matter of
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0018| right for the purpose of vehicular travel, even though it may
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0019| be temporarily closed or restricted for the purpose of
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0020| construction, maintenance, repair or reconstruction;
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0021| [U.] S. "secretary" means the secretary of
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0022| [taxation and revenue] public safety and, except for the
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0023| purposes of [Sections 65-1-10 and] 65-1-33 NMSA 1978, also
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0024| includes the deputy secretary and any division director
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0025| delegated by the secretary;
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0001| [V.] T. "state" or "jurisdiction" means a
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0002| state, territory or possession of the United States, the
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0003| District of Columbia, the commonwealth of Puerto Rico, a
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0004| foreign country or a state or province of a foreign country;
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0005| and
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0006| [W.] U. "utility trailer" means any trailer,
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0007| semitrailer or pole trailer and includes house trailers that
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0008| exceed neither eight feet in width nor forty feet in length,
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0009| but does not include freight trailers, trailers of less than
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0010| one-ton carrying capacity used to transport animals or
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0011| fertilizer trailers of less than three thousand five hundred
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0012| pounds empty weight."
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0013| Section 5. Section 65-1-6 NMSA 1978 (being Laws 1967,
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0014| Chapter 97, Section 8, as amended) is amended to read:
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0015| "65-1-6. FIELD ENFORCEMENT OF MOTOR CARRIER ACT AND
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0016| REGULATIONS.--The department has the authority to:
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0017| A. enforce in the field the provisions of the
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0018| Motor Carrier Act and the regulations promulgated by the state
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0019| corporation commission or the public regulation commission
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0020| pursuant to that act; and
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0021| B. maintain sufficient personnel in the field to
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0022| enforce the provisions of the Motor Carrier Act and the
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0023| regulations promulgated by the state corporation commission
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0024| or the public regulation commission pursuant to that act."
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0025| Section 6. Section 65-1-7 NMSA 1978 (being Laws 1967,
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0001| Chapter 97, Section 9, as amended) is repealed and a new
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0002| Section 65-1-7 NMSA 1978 is enacted to read:
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0003| "65-1-7. [NEW MATERIAL] ENFORCEMENT EMPLOYEES OF
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0004| DIVISION ARE POLICE OFFICERS.--The enforcement employees of
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0005| the division designated by the director of the division are
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0006| police officers as defined in Section 29-7-7 NMSA 1978."
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0007| Section 7. 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 TO ENFORCE LAWS.--The department
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0010| shall enforce and collect all excise taxes, license fees and
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0011| other fees and charges of every nature and perform all
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0012| inspections and collect all information considered necessary
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0013| to enforce the laws of all departments, commissions and other
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0014| agencies of state government, in addition to those
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0015| specifically assigned [by law] to the department, whenever
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0016| the department is so requested and agrees and the agreement is
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0017| in writing containing all reasonable detail concerning the
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0018| responsibilities of the parties to the agreement. The
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0019| department shall also assist, as far as practicable and in
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0020| accordance with a proper written agreement, in the enforcement
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0021| of statutory, administrative and judicial provisions of the
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0022| 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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0001| Section 8. A new section of the Motor Transportation Act
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0002| is enacted to read:
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0003| "[NEW MATERIAL] RECEIPTS--DISBURSEMENTS.--Money
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0004| collected under the Motor Transportation Act shall be paid to
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0005| the state treasurer for the credit of the motor vehicle
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0006| suspense fund not later than the close of the second business
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0007| day after their receipt. At the same time, the department
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0008| shall deliver to the taxation and revenue department
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0009| documentation sufficient to make refunds, distributions and
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0010| other disbursements of the money paid into the fund by the
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0011| department."
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0012| Section 9. A new section of the Motor Vehicle Code,
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0013| Section 66-1-4.21 NMSA 1978, is enacted to read:
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0014| "66-1-4.21. [NEW MATERIAL] ADDITIONAL DEFINITIONS.--As
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0015| used in the Motor Vehicle Code:
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0016| A. "evidence of registration" means any
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0017| documentation issued by the department identifying a motor
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0018| carrier vehicle as being registered with New Mexico or
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0019| documentation issued by another state pursuant to the terms of
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0020| a multistate agreement on registration of vehicles to which
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0021| this state is a party identifying a motor carrier vehicle as
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0022| being registered with that state; provided that evidence of
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0023| payment of the weight distance tax and permits obtained under
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0024| either the Special Fuels Supplier Tax Act or Trip Tax Act are
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0025| not "evidence of registration";
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0001| B. "fleet" means one or more motor carrier
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0002| vehicles, either commercial or noncommercial but not mixed,
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0003| that are operated in this and at least one other jurisdiction;
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0004| C. "motor carrier" means any person or firm that
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0005| owns, controls, operates or manages any motor vehicle with
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0006| gross vehicle weight of twelve thousand pounds or more that is
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0007| used to transport persons or property on the public highways
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0008| of this state;
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0009| D. "one-way rental fleet" means two or more
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0010| vehicles each having a gross vehicle weight of under twenty-
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0011| six thousand one pounds and rented to the public without a
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0012| driver;
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0013| E. "preceding year" means a period of twelve
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0014| consecutive months fixed by the department, which period is
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0015| within the sixteen months immediately preceding the
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0016| commencement of the registration or license year for which
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0017| proportional registration is sought. The department, in
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0018| fixing that period, shall make it conform to the terms,
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0019| conditions and requirements of any applicable agreement or
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0020| arrangement for the proportional registration of vehicles;
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0021| F. "properly registered" means bearing the
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0022| lawfully issued and currently valid evidence of registration
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0023| of this or another jurisdiction, regardless of the owner's
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0024| residence, except in those cases where the evidence has been
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0025| procured by misrepresentation or fraud; and
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0001| G. "public highway" means every way or place
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0002| generally open to the use of the public as a matter of right
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0003| for the purpose of vehicular travel, even though it may be
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0004| temporarily closed or restricted for the purpose of
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0005| construction, maintenance, repair or reconstruction."
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0006| Section 10. TEMPORARY PROVISION--RECOMPILATION.--
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0007| Sections 65-1-12 through 65-1-22, 65-1-24, 65-1-25.2, 65-1-37
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0008| and 65-5-4 NMSA 1978 (being Laws 1978, Chapter 18, Section 1,
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0009| Laws 1992, Chapter 106, Section 7, Laws 1978, Chapter 17,
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0010| Section 1, Laws 1972, Chapter 7, Sections 34 through 42, Laws
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0011| 1978, Chapter 75, Section 1, Laws 1979, Chapter 283, Section
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0012| 1, Laws 1972, Chapter 7, Section 50, and Laws 1983, Chapter
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0013| 142, Section 3, as amended) shall be recompiled in Chapter 66,
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0014| Article 3 NMSA 1978.
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0015| Section 11. TEMPORARY PROVISION--TRANSFER OF PERSONNEL,
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0016| PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On the effective
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0017| date of this act:
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0018| A. all personnel of the motor transportation
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0019| division of the taxation and revenue department are
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0020| transferred to the department of public safety.
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0021| B. all appropriations, money, records, property,
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0022| equipment and supplies of the motor transportation division of
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0023| the taxation and revenue department are transferred to the
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0024| department of public safety; and
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0025| C. all contracts, grants and agreements of the
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0001| taxation and revenue department relating to the motor
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0002| transportation division are transferred to the department of
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0003| public safety.
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0004| Section 12. APPROPRIATIONS.--
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0005| A. One million two hundred thousand dollars
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0006| ($1,200,000) is appropriated from the general fund to the
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0007| department of public safety for expenditure in fiscal year
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0008| 1999 to carry out the provisions of this act. Any unexpended
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0009| or unencumbered balance remaining at the end of fiscal year
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0010| 1999 shall revert to the general fund.
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0011| B. Two million seventy thousand dollars
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0012| ($2,070,000) is appropriated from the state road fund to the
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0013| department of public safety for expenditure in fiscal year
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0014| 1999 to carry out the provisions of this act. Any unexpended
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0015| or unencumbered balance remaining at the end of fiscal year
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0016| 1999 shall revert to the state road fund.
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0017| Section 13. EFFECTIVE DATE.--The effective date of the
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0018| provisions of this act is July 1, 1998; provided that if this
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0019| bill is enacted into law without the emergency clause, the
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0020| effective date is October 1, 1998.
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0021| Section 14. EMERGENCY.--It is necessary for the public
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0022| peace, health and safety that this act take effect
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0023| immediately.
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0024|
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