A. After the necessary disbursements for refunds and other purposes have been made, the money remaining in the motor vehicle suspense fund, except for remittances received within the previous two months that are unidentified as to source or disposition, shall be distributed as follows:
(1) to each municipality, county or fee agent operating a motor vehicle field office:
(a) an amount equal to six dollars ($6.00) per driver's license and five dollars ($5.00) per identification card or motor vehicle or motorboat registration or title transaction performed;
(b) for each such agent determined by the secretary pursuant to Section 66-2-16 NMSA 1978 to have performed ten thousand or more transactions in the preceding fiscal year, other than a class A county with a population exceeding three hundred thousand or a municipality with a population exceeding three hundred thousand that has been designated as an agent pursuant to Section 66-2-14.1 NMSA 1978, an amount equal to one dollar ($1.00) in addition to the amount distributed pursuant to Subparagraph (a) of this paragraph for each driver's license, identification card, motor vehicle registration, motorboat registration or title transaction performed; and
(c) to each military installation designated as a fee agent pursuant to Section 66-2-14.1 NMSA 1978, an amount equal to one dollar fifty cents ($1.50) in addition to the amount distributed pursuant to Subparagraph (a) of this paragraph for each administrative service fee remitted by the military installation to the department pursuant to Subsection A of Section 66-2-16 NMSA 1978;
(2) to each municipality or county, other than a class A county with a population exceeding three hundred thousand or a municipality with a population exceeding three hundred thousand that has been designated as an agent pursuant to Section 66-2-14.1 NMSA 1978, operating a motor vehicle field office, an amount equal to one dollar fifty cents ($1.50) for each administrative service fee remitted by that county or municipality to the department pursuant to the provisions of Subsection A of Section 66-2-16 NMSA 1978;
(3) to the state road fund:
(a) an amount equal to the fees collected pursuant to Sections 66-7-413 and 66-7-413.4 NMSA 1978;
(b) an amount equal to the fee collected pursuant to Section 66-3-417 NMSA 1978;
(c) the remainder of each driver's license fee collected by the department employees from an applicant to whom a license is granted after deducting from the driver's license fee the amount of the distribution authorized in Paragraph (1) of this subsection with respect to that collected driver's license fee; and
(d) an amount equal to fifty percent of the fees collected pursuant to Section 66-6-19 NMSA 1978;
(4) to the local governments road fund, the amount of the fees collected pursuant to Subsection B of Section 66-5-33.1 NMSA 1978 and the remainder of the fees collected pursuant to Subsection A of Section 66-5-408 NMSA 1978;
(5) to the department:
(a) any amounts reimbursed to the department pursuant to Subsection D of Section 66-2-14.1 NMSA 1978;
(b) an amount equal to two dollars ($2.00) of each motorcycle registration fee collected pursuant to Section 66-6-1 NMSA 1978;
(c) an amount equal to the fees provided for in Subsection D of Section 66-2-7 NMSA 1978, Subsection E of Section 66-2-16 NMSA 1978, Subsections K and L of Section 66-3-6 NMSA 1978 other than the administrative fee, Subsection C of Section 66-5-44 NMSA 1978 and Subsection B of Section 66-5-408 NMSA 1978;
(d) the amounts due to the department for the manufacture and issuance of a special registration plate collected pursuant to the section of law authorizing the issuance of the specialty plate;
(e) an amount equal to the registration fees collected pursuant to Section 66-6-6.1 NMSA 1978 for the purposes of enforcing the provisions of the Mandatory Financial Responsibility Act [Chapter 66, Article 5 NMSA 1978] and for creating and maintaining a multilanguage noncommercial driver's license testing program; and after those purposes are met, the balance of the registration fees shall be distributed to the department to defray the costs of operating the motor vehicle division;
(f) an amount equal to fifty cents ($.50) for each administrative fee remitted to the department by a county or municipality operating a motor vehicle field office pursuant to Subsection A of Section 66-2-16 NMSA 1978;
(g) an amount equal to one dollar twenty-five cents ($1.25) for each administrative fee collected by the department or any of its agents other than a county or municipality operating a motor vehicle field office pursuant to Subsection A of Section 66-2-16 NMSA 1978; and
(h) an amount equal to the royalties or other consideration paid by commercial users of databases of motor vehicle-related records of the department pursuant to Subsection C of Section 14-3-15.1 NMSA 1978 for the purpose of defraying the costs of maintaining databases of motor vehicle-related records of the department; and after that purpose is met, the balance of the royalties and other consideration shall be distributed to the department to defray the costs of operating the motor vehicle division or for use pursuant to Subsection F of Section 66-6-13 NMSA 1978;
(6) to each New Mexico institution of higher education, an amount equal to that part of the fees distributed pursuant to Paragraph (2) of Subsection D of Section 66-3-416 NMSA 1978 proportionate to the number of special registration plates issued in the name of the institution to all such special registration plates issued in the name of all institutions;
(7) to the armed forces veterans license fund, the amount to be distributed pursuant to Paragraph (2) of Subsection E of Section 66-3-419 NMSA 1978;
(8) to the children's trust fund, the amount to be distributed pursuant to Paragraph (2) of Subsection D of Section 66-3-420 NMSA 1978;
(9) to the department of transportation, an amount equal to the fees collected pursuant to Section 66-5-35 NMSA 1978;
(10) to the state equalization guarantee distribution made annually pursuant to the general appropriation act, an amount equal to one hundred percent of the driver safety fee collected pursuant to Subsection D of Section 66-5-44 NMSA 1978;
(11) to the motorcycle training fund, two dollars ($2.00) of each motorcycle registration fee collected pursuant to Section 66-6-1 NMSA 1978;
(12) to the recycling and illegal dumping fund:
(a) fifty cents ($.50) of the tire recycling fee collected pursuant to the provisions of Section 66-6-1 NMSA 1978;
(b) fifty cents ($.50) of each of the tire recycling fees collected pursuant to the provisions of Sections 66-6-2 and 66-6-4 NMSA 1978; and
(c) twenty-five cents ($.25) of each of the tire recycling fees collected pursuant to Sections 66-6-5 and 66-6-8 NMSA 1978;
(13) to the highway infrastructure fund:
(a) fifty cents ($.50) of the tire recycling fee collected pursuant to the provisions of Section 66-6-1 NMSA 1978;
(b) one dollar ($1.00) of each of the tire recycling fees collected pursuant to the provisions of Sections 66-6-2 and 66-6-4 NMSA 1978; and
(c) twenty-five cents ($.25) of each of the tire recycling fees collected pursuant to Sections 66-6-5 and 66-6-8 NMSA 1978;
(14) to each county, an amount equal to fifty percent of the fees collected pursuant to Section 66-6-19 NMSA 1978 multiplied by a fraction, the numerator of which is the total mileage of public roads maintained by the county and the denominator of which is the total mileage of public roads maintained by all counties in the state;
(15) to the litter control and beautification fund, an amount equal to the fees collected pursuant to Section 66-6-6.2 NMSA 1978;
(16) to the local government division of the department of finance and administration, an amount equal to the fees collected pursuant to Section 66-3-424.3 NMSA 1978 for distribution to each county to support animal control spaying and neutering programs in an amount proportionate to the number of residents of that county who have purchased pet care special registration plates pursuant to Section 66-3-424.3 NMSA 1978; and
(17) to the Cumbres and Toltec scenic railroad commission, twenty-five dollars ($25.00) collected pursuant to the Cumbres and Toltec scenic railroad special registration plate.
B. The balance, exclusive of unidentified remittances, shall be distributed in accordance with Section 66-6-23.1 NMSA 1978.
C. If any of the paragraphs, subsections or sections referred to in Subsection A of this section are recompiled or otherwise redesignated without a corresponding change to Subsection A of this section, the reference in Subsection A of this section shall be construed to be the recompiled or redesignated paragraph, subsection or section.
History: 1953 Comp., § 64-6-23, enacted by Laws 1978, ch. 35, § 358; 1985, ch. 41, § 1; 1985 (1st S.S.), ch. 15, § 20; 1986, ch. 20, § 123; 1987, ch. 347, § 21; 1988, ch. 106, § 2; 1989, ch. 318, § 19; 1990, ch. 120, § 35; 1991, ch. 67, § 1; 1993, ch. 68, § 43; 1993, ch. 304, § 1; 1993, ch. 361, § 2; 1994, ch. 117, § 23; 1994, ch. 126, § 23; 1995, ch. 6, § 13; 1997, ch. 204, § 1; 1999, ch. 49, § 7; 1999 (1st S.S.), ch. 9, § 2; 2001, ch. 20, § 1; 2001, ch. 282, § 2; 2002, ch. 16, § 4; 2003, ch. 175, § 3; 2003, ch. 197, § 3; 2003, ch. 198, § 3; 2003, ch. 201, § 3; 2003, ch. 270, § 6; 2004, ch. 59, § 22; 2005, ch. 20, § 3; 2005, ch. 171, § 21; 2007, ch. 136, § 2; 2009, ch. 156, § 7; 2012, ch. 47, § 2.
ANNOTATIONSCross references. — For the general fund, see 6-4-2 NMSA 1978.
For the local governments road fund, see 67-3-28.2 NMSA 1978.
For the highway infrastructure fund, see 67-3-59.2 NMSA 1978.
For the state road fund, see 67-3-65 NMSA 1978.
For the litter control and beautification fund, see 67-16-14 NMSA 1978.
The 2012 amendment, effective July 1, 2012, provided for a distribution to military installations that are designated as a fee agent and in Subsection A, in Paragraph (1), added Subparagraph (c).
The 2009 amendment, effective July 1, 2009, in Subparagraph (c) of Paragraph (5) of Subsection A, after "Section 66-2-16 NMSA 1978, Subsectons", changed "J and K" to "K and L"; in Subparagraph (h) of Paragraph (5) of Subsection A, after "motor vehicle division", added the remainder of the sentence.
The 2007 amendment, effective July 1, 2008, provided for the distribution of $25 to the Cumbres and Toltec scenic railroad commission.
The 2005 amendment, effective June 17, 2005, changed "tire recycling fund" to "recycling and illegal dumping fund" in Subsection A(12).
Laws 2005, ch. 20, § 3, effective July 1, 2005, also amended 66-6-23 NMSA 1978. The section was set out as amended by Laws 2005, ch. 171, § 21. See 12-1-8 NMSA 1978 this
The 2004 amendment, effective March 4, 2004, amended Subsection A by deleting the references in Subparagraph (d) of Paragraph (5) to Sections 66-3-419 and 66-3-422 and insert in their place: "for the manufacture and issuance of a special registration plate collected pursuant to the section of law authorizing the issuance of the specialty plate" and to change the name of the "state highway and transportation department" to "department of transportation" in Paragraph (9) and add Paragraph (16). Laws 2004, ch. 58, § 23 makes the 2004 amendment of this section applicable for the distribution of fees collected on or after April 1, 2004.
2003 amendments. — Laws 2003, ch. 270, § 6, effective July 1, 2003, adding Paragraph A(12), redesignating the subsequent paragraphs accordingly, and rewriting Paragraph A(13), and A(14) to be present Paragraphs A(14) and A(15), was approved April 8, 2003. This section was also amended by four other acts. Laws 2003, ch. 175, § 3, effective January 1, 2004, amending the section by adding a Paragraph A(15), disbursing fees to the land government division of the department of finance and administration, was approved April 6, 2003. Laws 2003, ch. 197, § 3, effective January 1, 2004, amending this section by adding "and Paragraph (1) of Subsection D of Section 66-3-424.1 NMSA 1978" near the end of Subparagraph A(5)(d), was approved April 6, 2003. Laws 2003, ch. 198, § 3 and Laws 2003, ch. 201, § 3, both effective January 1, 2004, and both amending the section by adding "and Paragraph (2) of Subsection D of Section 66-3-424.1 NMSA 1978" near the end of Subparagraph A(5)(d), were approved April 6, 2003. This section was set out as amended by Laws 2003, Ch. 270, § 6. See 12-1-8 NMSA 1978.
The 2002 amendment, effective March 4, 2002, added Paragraph A(3)(a), and redesignated the remaining text of Paragraph A(3) as Paragraphs A(3)(b), A(3)(c), and A(3)(d); and updated the internal section reference in Paragraph A(14).
The 2001 amendment, effective July 1, 2001, inserted Subparagraph A(3)(a) and redesignated the remaining subparagraphs accordingly; and added Paragraph A(5)(e)
Laws 2001, ch. 20, § 1 also amended 66-6-23 NMSA 1978. The section was set out as amended by Laws 2001, ch. 282, § 2. See 12-1-8 NMSA 1978.
The 1999 amendment, by Laws 1999 (1st S.S.), ch. 9, § 2, effective July 1, 1999, in Subsection A, in Subparagraph (5)(c), deleted "Subsection C of Section 66-3-16 NMSA 1978" following "administrative fee", in Paragraph (12) substituted "highway infrastructure fund" for "rubberized asphalt fund, forty-five percent of", deleted former Paragraph (13), relating to distributions to the tire recycling fund, and redesignated the subsequent paragraphs accordingly.
The 1997 amendment, effective July 1, 1997, in Subsection A, inserted "or motor vehicle or motorboat" near the end of Paragraph (1) and inserted "from all" preceding "annual tire recycling" in Paragraph (8).
The 1995 amendment, effective July 1, 1995, substituted "local governments road fund" for "general fund" in Paragraph A(4) and made minor stylistic changes.
The 1994 amendment, effective March 8, 1994, substituted "pursuant to" for "under" in Paragraph A(2); substituted "authorized in" for "under" in Subparagraph A(3)(b); in Paragraph A(7), substituted "recycling" for "disposal" and substituted "66-6-1, 66-6-2, 66-6-4, 66-6-5 and 66-6-8" for "66-1-1 through 66-6-5, 66-6-8 and 66-6-9"; in Paragraph A(8), substituted "recycling" for "disposal" twice and substituted ", 66-6-2, 66-6-4, 66-6-5 and 66-6-8" for "through 66-6-5, 66-6-8 and 66-6-9"; in Subsection E, substituted "by April 1 of every year" for "by May 1, 1988, and by April 1 of every year thereafter" twice, and deleted "After August 1, 1988" from the beginning of the last sentence; in Subsection F, substituted "by April 1 of every year" for "by May 1, 1988, and by April 1 of every year thereafter," and substituted "that" for "which" preceding "have certified mileages"; and substituted "secretary" for "director" in Subsection G.
Duplicate amendments. — Laws 1994, ch. 117, § 18 and Laws 1994, ch.126, § 18 enacted identical amendments to 66-6-23 NMSA 1978. The section was set out as amended by Laws 1994, ch. 126, § 18. See 12-1-8 NMSA 1978.
The 1993 amendment, effective July 1, 1993, in Subsection A, Paragraph (1) , substituted "six dollars ($6.00)" for "five dollars ($5.00)" and "three dollars ($3.00)" for "two dollars ($2.00)"; in Paragraph (2), inserted "with a population in excess of three hundred thousand" and substituted "three hundred thousand" for "two hundred thousand"; Paragraph (5), added present Subparagraph (b), redesignated former Subparagraph (b) as Subparagraph (c), and added Paragraphs (6) through (8), making related grammatical changes.
Laws 1993, ch. 68, § 43 also amended 66-6-23 NMSA 1978. The section was set out as amended by Laws 1993, ch. 361, § 2. See 12-1-8 NMSA 1978.
The 1991 amendment, effective July 1, 1991, in Subsection A, inserted "five dollars ($5.00) per driver's license and" and deleted "driver's license" preceding "registration" in Paragraph (1) and substituted "Subsection B" for "Subsection C" in Subparagraph (b) of Paragraph (5); and substituted "Subsection E" for "Subsection C" in the first sentence in Paragraph (3) of Subsection B.
The 1990 amendment, effective July 1, 1990, substituted "department" for "division" throughout the section; in Subsection A, deleted the first sentence which read "The fees collected under the provisions of Sections 66-1-1 through 66-6-18 NMSA 1978 shall be paid to the state treasurer not later than the close of the second business day after their receipt" and substituted the present second sentence and Paragraphs (1) to (5) for a sentence which read "From this amount each municipality, county or fee agent operating a motor vehicle field office shall be paid two dollars ($2.00) per identification card, driver's license, registration or title transaction performed, and designated the portion of former Subsection A beginning with "The balance" as present Subsection B; redesignated former Subsections B to F as present Subsections C to G; in the first paragraph of present Subsection B, inserted "exclusive of unidentified remittances", substituted "the distributions required by Subsection A of this section" for "amounts otherwise distributed or transferred pursuant to Sections 66-5-44, 66-5-46, 66-5-47 and 66-5-408 NMSA 1978" and "last day of the month" for "tenth day of the month" in the third sentence of Paragraph (3) of present Subsection B, inserted "by April 1 of each year" following "shall certify", and substituted "April 1 of that year" for "January 1 of each odd-numbered year"; substituted "that municipality, county or fee agent" for "that office" in present Subsection G; and made related and minor stylistic changes throughout the section.
The 1989 amendment, effective July 1, 1989, in Subsection A substituted "two dollars ($2.00)" for "one dollar fifty cents ($1.50)" near the middle of the second sentence, and inserted "driver's license" near the end of that sentence; and added Subsection F.
The 1988 amendment, effective May 18, 1988, in Subsection A(3), substituted "secretary of highway and transportation" for "chief highway administrator" in the first and third sentences and "state highway and transportation department" for "state highway department" in the last sentence; deleted former Subsection B(2), regarding determination and certification of proportions required to be determined; redesignated former Subsection B(3) as present Subsection B(2); and added Subsections D and E.
Funds used for road plan if another municipal body does plan. — Funds designated by law for road improvement and maintenance purposes may be used for the preparation of a road plan if the planning is to be performed by another municipal body upon a reimbursable basis. 1959 Op. Att'y Gen. No. 59-121.
"Maintenance". — The term "maintenance" in Section 64-11-12B(2), 1953 Comp. (similar to Subsection A(3) of this section), is not limited to any specific means. 1963 Op. Att'y Gen. No. 63-62.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 73.
60 C.J.S. Motor Vehicles §§ 143 to 145.