2021 New Mexico Statutes
Chapter 65 - Motor Carriers
Article 1 - Motor Transportation
Section 65-1-28 - Payment by credit card; optional services; fees; appropriations.
A. Notwithstanding any other provision of law, the department is authorized to enter into agreements with financial institutions and credit card companies under which the department may accept payment by credit card from motor carriers of the taxes, fees or other charges due pursuant to the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], Motor Vehicle Code [Chapter 66 NMSA 1978], Trip Tax Act [Chapter 7, Article 15 NMSA 1978] or Weight Distance Tax Act [Chapter 7, Article 15A NMSA 1978]. Any fee payable to the financial institution or credit card company for a payment by credit card authorized under this section may be deducted from the proceeds of the taxes, fees or other charges paid on a pro-rata basis prior to any other distribution of the proceeds required by law. The necessary portion of the proceeds of the taxes, fees and other charges collected under this subsection is appropriated for the purpose of paying the fee payable to the financial institution or credit card company.
B. The secretary is authorized to establish by regulation fees to cover the expense of providing additional services for the convenience of the motoring public. Any service established for which a fee is adopted under this section shall be optional, with the fee not being charged to any person not taking advantage of the service. Amounts collected pursuant to this subsection are appropriated to the department for the purpose of defraying the expense of providing the service.
C. Notwithstanding any other provision of law, the department of transportation is authorized to enter into agreements with financial institutions and credit card companies under which the department of transportation may accept payment by credit card from motor carriers of the taxes, fees or other charges due pursuant to the Trip Tax Act [Chapter 7, Article 15 NMSA 1978] or the Weight Distance Tax Act. Any fee payable to the financial institution or credit card company for a payment by credit card authorized under this section may be deducted from the proceeds of the taxes, fees or other charges paid on a pro-rata basis prior to any other distribution of the proceeds required by law. The necessary portion of the proceeds of the taxes, fees and other charges collected under this subsection is hereby appropriated for the purpose of paying the fee payable to the financial institution or credit card company.
History: 1978 Comp., § 65-1-28, enacted by Laws 1987, ch. 128, § 1; 1992, ch. 106, § 11; 2021, ch. 59, § 7.
ANNOTATIONSCross references. — For provisions regarding payment in foreign currency, see 66-6-36 NMSA 1978.
The 2021 amendment, effective June 18, 2021, removed the repealed Special Fuels Tax Act from the list of acts for which the department of public safety may enter into agreements with financial institutions to accept payment of taxes, fees or other charges from motor carriers, and authorized the department of transportation to enter into agreements with financial institutions under which the department of transportation may accept payment from motor carriers of the taxes, fees or other charges due pursuant to the Trip Tax Act or the Weight Distance Tax Act; in Subsection A, after "Trip Tax Act", deleted "Special Fuels Tax Act"; and added Subsection C.
The 1992 amendment, effective July 1, 1992, substituted the present section catchline for "Optional services; fees; appropriations"; added Subsection A; designated the formerly undesignated provisions as Subsection B; and, in Subsection B, substituted "secretary" for "director" in the first sentence and substituted "subsection" for "section" and "department" for "division" in the last sentence.
