House Bill text for HB0425

HOUSE BILL 425

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO LAW ENFORCEMENT; ENACTING THE MOTOR TRANSPORTATION HIGHWAY POLICE ACT; CREATING THE MOTOR TRANSPORTATION HIGHWAY POLICE DEPARTMENT AND THE POSITION OF STATE DIRECTOR OF THAT DEPARTMENT; ASSIGNING POWERS AND DUTIES; PROVIDING FOR PERSONNEL APPOINTMENTS; REQUIRING REGIONAL TRANSIT DISTRICT POLICING BY JOINT POWERS AGREEMENT BETWEEN THE MOTOR TRANSPORTATION HIGHWAY POLICE DEPARTMENT AND REGIONAL TRANSIT DISTRICTS; PROVIDING FOR OPERATIONAL SUPPORT AND MAINTENANCE; REQUIRING THE HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT AND STATE LAW ENFORCEMENT AGENCIES TO PREPARE AND REPORT THE RESULTS OF A STATEWIDE LAW ENFORCEMENT STRATEGIC PLAN; TRANSFERRING THE MOTOR TRANSPORTATION DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY TO THE MOTOR TRANSPORTATION HIGHWAY POLICE DEPARTMENT; TRANSFERRING DEPARTMENT OF PUBLIC SAFETY POSITIONS TO THE MOTOR TRANSPORTATION HIGHWAY POLICE DEPARTMENT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 10 of this act may be cited as the "Motor Transportation Highway Police Act".

Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the Motor Transportation Highway Police Act:

A. "department" means the motor transportation highway police department; and

B. "state director" means the state director of motor transportation highway police.

Section 3. [NEW MATERIAL] MOTOR TRANSPORTATION HIGHWAY POLICE DEPARTMENT CREATED.--The "motor transportation highway police department" is created in the executive branch. The department is not a cabinet department.

Section 4. [NEW MATERIAL] STATE DIRECTOR--POWERS AND DUTIES.--

A. The chief administrative and executive officer of the department is the "state director of motor transportation highway police", who shall be appointed by the governor and hold office at the pleasure of the governor.

B. The state director is responsible to the governor for the operation of the department. It is the state director's duty to manage all operations of the department and to administer and enforce the laws with which the state director or the department is charged.

C. To perform the state director's duties, the state director has every power expressly enumerated in the laws, whether granted to the state director or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the state director's authority by statute. In accordance with these provisions, the state director shall:

(1) except as otherwise provided in the Motor Transportation Highway Police Act, exercise general supervisory and appointing authority over all department employees pursuant to the Personnel Act and rules promulgated pursuant to that act;

(2) delegate authority to subordinates as the state director deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

(3) organize the department into those organizational units the state director deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the state director's duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to ensure implementation of and compliance with the provisions of law for whose administration or execution the state director is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the residents of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs, with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department; and

(9) provide cooperation, at the request of heads of administratively attached agencies, in order to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, record-keeping and related clerical assistance to administratively attached agencies.

D. The state director may apply for and receive, with the governor's approval, in the name of the department any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

E. The state director may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department. No rule shall be effective until approved by the state director, unless otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the state director or a hearing officer designated by the state director. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act.

Section 5. [NEW MATERIAL] PERSONNEL, APPOINTMENTS AND COMMISSIONS.--The department shall consist of the state director, deputy state director, majors, captains, lieutenants, sergeants, patrol officers and noncommissioned personnel within the limits of legislative appropriations for the department. The state director shall appoint officers and noncommissioned personnel pursuant to the Personnel Act and rules promulgated pursuant to that act. The state director shall commission officers.

Section 6. [NEW MATERIAL] QUALIFICATIONS OF AN OFFICER.--An officer, except the state director, shall:

A. at the time of the officer's appointment, be a citizen of the United States and at least twenty-one years of age;

B. be of good moral character and not have been convicted of a felony or an infamous crime in a court of a county, this state or another state or in a federal court;

C. pass examinations, including a physical examination, that the department may require; and

D. hold a high school diploma or the equivalent.

Section 7. [NEW MATERIAL] DIRECTOR AND OTHER OFFICERS--POWERS AND DUTIES.--The state director and other officers shall be:

A. peace officers in the performance of their duties with full power to apprehend, arrest and bring before the proper court of law violators within the state and authority to enforce the Motor Carrier Act, the Motor Transportation Act, the Motor Vehicle Code and the Criminal Code; and

B. ex-officio deputies and agents of the officers of the taxation and revenue department and of the officers and departments within the state charged with registration of motor vehicles and the issuance of licenses to operators of motor vehicles.

Section 8. [NEW MATERIAL] UNIFORM AND BADGES--UNIFORM ALLOWANCE TO BE SET BY STATE DIRECTOR.--The state director shall prescribe a suitable and distinctive uniform for officers. The state director shall provide and issue to each officer a uniform and an appropriate badge, which shall contain in plain legible letters the words "Motor Transportation Police". The prescribed uniform and badge shall be worn at all times when on duty, except by direction of the state director or the governor. A uniform allowance shall be established by the state director and allowed in addition to an officer's and a noncommissioned uniformed employee's salary and paid according to department policy.

Section 9. [NEW MATERIAL] REGIONAL TRANSIT DISTRICT POLICING--AGREEMENT.--The department shall enter into an agreement, pursuant to the Joint Powers Agreements Act, with a regional transit district created by the Regional Transit District Act to provide security, safety and police services on or in rolling stock, property, rights of way, easements and facilities owned, leased, licensed or operated by the district. Upon entering an agreement, the department shall:

A. organize a unit within the department to be referred to as regional transit district police;

B. with the cost being defrayed pursuant to the terms and conditions of an agreement, hire no more than thirteen full-time-equivalent employees to meet the purposes of this section and the agreement; and

C. train officers as motive power and equipment inspectors in order to conduct investigations of collisions, derailments and other accidents involving the regional transit district.

Section 10. [NEW MATERIAL] OPERATIONAL SUPPORT AND MAINTENANCE.--

A. The department of public safety shall provide police dispatch services to the department.

B. The department of information technology shall provide information technology infrastructure and support to the department.

C. The department shall procure vehicle and other equipment maintenance and repair statewide, as the state director deems necessary, from private vendors pursuant to the Procurement Code.

Section 11. 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] highway police department [of public safety] 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 12. 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] four 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 13. Section 9-28-5 NMSA 1978 (being Laws 2007, Chapter 291, Section 5) is amended to read:

"9-28-5. DEPARTMENT DUTIES.--The department shall:

A. coordinate the homeland security and emergency management efforts of all state and local government agencies, as well as enlist cooperation from private entities such as health care providers;

B. apply for and accept federal funds for homeland security, administer the funds and develop criteria to allocate grants to local governments, tribes, state agencies and other qualified entities;

C. act as liaison between federal, state and local agencies to effect the improved sharing of counterterrorism intelligence;

D. provide information to the general public and to private businesses that is essential to ensuring their safety and security and provide the governor with timely information relating to emergencies, disasters and acts of terrorism or terrorist threats;

E. establish security standards for state facilities and for protection of their occupants and develop plans for the continuity of state government operations in the event of a threat or act of terrorism or other natural or man-made disaster;

F. identify the state's critical infrastructures and assist public and private entities with developing plans and procedures designed to implement the protective actions necessary to continue operations;

G. coordinate state agency and local government plans for prevention, preparedness and response with a focus on an all-hazards approach;

H. coordinate law enforcement counterterrorism prevention, preparedness and response training on a statewide basis, including training for emergency responders, government officials, health care providers and others as appropriate;

I. work with emergency response and emergency management programs and provide assistance in developing and conducting terrorism response exercises for emergency responders, government officials, health care providers and others;

J. coordinate law enforcement's and emergency responders' response to an act of terrorism or terrorist threat;

K. develop and maintain a statewide plan and strategy to manage and allocate federal grant funds required to provide the state's emergency response community with the equipment necessary to respond to an act of terrorism involving a weapon of mass destruction; [and]

L. in conjunction with all state agencies with law enforcement powers and duties, prepare a comprehensive statewide law enforcement strategic plan for the efficient, effective and coordinated provision of law enforcement services with measurable goals for evaluating performance and assessing progress in effectuating the plan. The department shall report the results of the measurements annually prior to October 1 to the legislative finance committee and the appropriate interim committee of the legislature; and

[L.] M. perform such other duties relating to homeland security as may be assigned by the governor."

Section 14. 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 be 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 motor transportation highway police department [of public safety, the secretary of public safety], the director or [any] an employee of the department exercising authority lawfully delegated to that employee by the [secretary] director;

G. "director" means the [secretary] state director of motor transportation highway police;

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] director and, except for the purposes of Section 65-1-33 NMSA 1978, also includes [the] a deputy [secretary] director and any division director delegated by the [secretary] director;

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 15. Section 65-2A-4 NMSA 1978 (being Laws 2003, Chapter 359, Section 4) is amended to read:

"65-2A-4. POWERS AND DUTIES OF THE COMMISSION.--

A. In accordance with the Motor Carrier Act, the commission shall:

(1) issue operating authorities for a motor carrier operating in New Mexico;

(2) establish minimum requirements for financial responsibility for a motor carrier;

(3) establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the commission, provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards;

(4) establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority;

(5) regulate the rates of intrastate common motor carriers of persons and household goods and towing services performing nonconsensual tows, including rates for storing household goods and motor vehicles;

(6) determine matters of public convenience and necessity relating to motor carriers;

(7) subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt;

(8) hold a public hearing specific to a protest or request that has been filed timely in opposition to or in consideration of an application; and

(9) adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act.

B. The commission may:

(1) designate inspectors who may inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the commission is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the motor transportation [division of the] highway police department [of public safety];

(2) institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules and, in the name of the state, to recover assessments of administrative fines;

(3) from time to time, modify the type of service, territory, terms, conditions and limitations of operating authorities previously issued and change or rescind rates previously adopted as needed; and

(4) adopt rules to implement these powers."

Section 16. Section 65-2A-19 NMSA 1978 (being Laws 2003, Chapter 359, Section 19) is amended to read:

"65-2A-19. SAFETY REQUIREMENTS FOR MOTOR VEHICLES AND DRIVERS USED IN COMPENSATED TRANSPORTATION.--

A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state.

B. The commission shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The commission may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier.

C. A commuter service shall certify that it has a program providing for an initial drug test for a person seeking to be a commuter service driver. The program shall use reasonable collection and analysis procedures to ensure accurate results, require testing only for substances controlled by federal regulation of commercial motor carriers and ensure the confidentiality of the test results and medical information obtained.

D. The motor transportation [division of the] highway police department [of public safety] may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety."

Section 17. Section 65-2A-27 NMSA 1978 (being Laws 2003, Chapter 359, Section 27) is amended to read:

"65-2A-27. INVOLUNTARY SUSPENSION, REVOCATION OR AMENDMENT OF OPERATING AUTHORITIES--REINSTATEMENT.--

A. The commission shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by commission rule.

B. The commission may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the commission's rules or the rules of the motor transportation [division of the] highway police department [of public safety] if the violation endangers the public health or safety.

C. The commission may, upon complaint or the commission's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:

(1) comply with a provision of the Motor Carrier Act;

(2) comply with a lawful order or rule of the commission;

(3) comply with a term, condition or limitation of an operating authority; or

(4) render reasonably continuous and adequate service under a certificate or permit.

D. The commission may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:

(1) the reasons for the involuntary suspension no longer pertain; and

(2) the owner of the operating authority is fit, willing and able to provide the authorized transportation services and to comply with the Motor Carrier Act and the rules of the commission."

Section 18. Section 65-2A-29 NMSA 1978 (being Laws 2003, Chapter 359, Section 29) is amended to read:

"65-2A-29. REPORTS AND RECORDS.--

A. The commission shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers.

B. The commission may require a motor carrier owning operating authority from the commission to prepare and transmit to the commission an annual report of its operations. The report shall be in the form, contain specific information, including financial information, and be due on a date as the commission may by rule require. Financial data filed by motor carriers in annual reports shall not be made available for inspection by the public.

C. The commission or its employees or duly authorized agents shall, at all times, have access to:

(1) land, buildings, improvements to real property and equipment of motor carriers used in connection with their operations; and

(2) records kept by motor carriers.

D. The commission may, by order, require a motor carrier subject to the Motor Carrier Act, or its officers or agents, to produce within this state at such reasonable time and place as it may designate, original or certified copies of records regardless of where they are kept by the motor carrier when their production is pertinent to a matter before the commission in order that the commission may examine them.

E. The motor transportation [division of the] highway police department [of public safety] shall furnish to the commission all information needed or required by the commission to carry out its responsibilities when the information is obtainable only through field enforcement."

Section 19. 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] highway police department [of public safety] who for consideration issues temporary registration plates or prepares and submits to the 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] highway police department [of public safety] 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 20. Section 66-3-2 NMSA 1978 (being Laws 1978, Chapter 35, Section 22, as amended) is amended to read:

"66-3-2. REGISTRATION--TRAILERS, SEMITRAILERS, POLE TRAILERS AND FREIGHT TRAILERS.--

A. The motor transportation [division of the] highway police department [of public safety] and the motor vehicle division of the taxation and revenue department, according to their appropriate jurisdictions, shall grant permanent registration to freight trailers subject to registration and may grant permanent registration to utility trailers not used in commerce whose gross vehicle weight is less than six thousand one pounds upon application and payment of the fee required by Section 66-6-3 NMSA 1978. The registration shall expire, however, upon the transfer of title or interest in the vehicle, at which time the vehicle shall be reregistered.

B. In registering trailers, semitrailers and pole trailers, the motor transportation [division] highway police department and the motor vehicle division may require such information and documents and may make such tests and investigations as they deem necessary and practicable to determine or to verify the empty weights and gross vehicle weights and to ensure that the vehicles may be safely and legally operated upon the highways of this state."

Section 21. Section 66-6-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 339, as amended) is amended to read:

"66-6-4. REGISTRATION FEES--TRUCKS, TRUCK TRACTORS, ROAD TRACTORS AND BUSES.--

A. Within their respective jurisdictions, the motor vehicle division and the motor transportation [division of the] highway police department [of public safety] shall charge registration fees for trucks, truck tractors, road tractors and buses, except as otherwise provided by law, according to the schedule of Subsection B of this section.

B. Declared Gross Weight Fee

001 to 4,000 $40

4,001 to 6,000 55

6,001 to 8,000 69

8,001 to 10,000 84

10,001 to 12,000 99

12,001 to 14,000 113

14,001 to 16,000 128

16,001 to 18,000 143

18,001 to 20,000 157

20,001 to 22,000 172

22,001 to 24,000 187

24,001 to 26,000 201

26,001 to 48,000 118

48,001 and over 172.

C. All trucks whose declared gross weight or whose gross vehicle weight is less than twenty-six thousand pounds, after five years of registration, calculated from the date when the vehicle was first registered in this or another state, shall be charged registration fees at eighty percent of the rate set out in Subsection B of this section.

D. All trucks with a gross vehicle weight of more than twenty-six thousand pounds and all truck tractors and road tractors used to tow freight trailers shall be registered on the basis of gross combination vehicle weight.

E. All trucks with a gross vehicle weight of twenty-six thousand pounds or less shall be registered on the basis of gross vehicle weight. A trailer, semitrailer or pole trailer towed by a truck of such gross vehicle weight shall be classified as a utility trailer for registration purposes unless otherwise provided by law.

F. All farm vehicles having a declared gross weight of more than six thousand pounds shall be charged registration fees of two-thirds of the rate of the respective fees provided in this section and shall be issued distinctive registration plates. "Farm vehicle" means a vehicle owned by a person whose principal occupation is farming or ranching and which vehicle is used principally in the transportation of farm and ranch products to market and farm and ranch supplies and livestock from the place of purchase to farms and ranches in this state; provided that the vehicle is not used for hire.

G. In addition to other registration fees imposed by this section, beginning July 1, 1994, an annual tire recycling fee of one dollar fifty cents ($1.50) is imposed at the time of registration on each vehicle subject to a registration fee pursuant to this section, except for vehicles with a declared gross weight of greater than twenty-six thousand pounds upon which registration fees are imposed by Subsection B of this section.

H. Three percent of registration fees of trucks having from twenty-six thousand one pounds to forty-eight thousand pounds declared gross vehicle weight is to be transferred to the recycling and illegal dumping fund pursuant to the provisions of Section 66-6-23 NMSA 1978.

I. Three and seventy-five hundredths percent of registration fees of trucks in excess of forty-eight thousand pounds declared gross vehicle weight is to be transferred to the recycling and illegal dumping fund pursuant to the provisions of Section 66-6-23 NMSA 1978."

Section 22. Section 66-7-207 NMSA 1978 (being Laws 1978, Chapter 35, Section 396, as amended) is amended to read:

"66-7-207. WRITTEN REPORTS OF ACCIDENTS.--

A. The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500) or more shall, within five days after the accident, forward a written report of the accident to the department of transportation.

B. The department of transportation may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department of transportation and may require witnesses of accidents to render reports concerning the accidents to the department of transportation.

C. Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses, shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the department of transportation. A law enforcement officer shall also, within twenty-four hours after completing the investigation, forward the written report of the accident to the motor transportation [division of the] highway police department [of public safety] if the accident involves a commercial motor vehicle and results in:

(1) bodily injury to any person and the person is transported to a medical facility for immediate medical attention;

(2) the death of any person; or

(3) any vehicle involved in the accident being towed from the scene due to disabling damage caused by the accident."

Section 23. Section 66-7-314 NMSA 1978 (being Laws 1978, Chapter 35, Section 418, as amended) is amended to read:

"66-7-314. MOVEMENT OF HAZARDOUS VEHICLE--ESCORT MAY BE REQUIRED.--When, in the judgment of the motor transportation [division of the] highway police department [of public safety] or local authorities with respect to highways under their jurisdiction, the movement of any vehicle is deemed a hazard to traffic upon a highway over which the vehicle is to travel, the granting of permission for the movement of the vehicle may be conditioned upon a special escort accompanying the hazardous vehicle."

Section 24. Section 66-7-411 NMSA 1978 (being Laws 1978, Chapter 35, Section 482, as amended) is amended to read:

"66-7-411. AUTHORIZED REPRESENTATIVE MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED PENALTIES.--

A. A police officer with the motor transportation [division or the New Mexico state police division of the] highway police department [of public safety], having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to the nearest scales approved by the motor transportation highway police department [of public safety] if the scales are within five miles.

B. When a police officer with the motor transportation [division] highway police department or the New Mexico state police division of the department of public safety or a transportation inspector, upon weighing a vehicle or combination, determines that the gross vehicle weight or combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.

C. A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized police officer with the motor transportation [division] highway police department or the New Mexico state police division of the department of public safety or a transportation inspector, upon a weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.

D. A shipper or a person loading the vehicle who intentionally overloads a vehicle that the shipper or person has reason to believe will travel in that condition upon a public highway is guilty of a misdemeanor and shall be fined in accordance with Subsection E of this section.

E. In all cases of violations of weight limitations, the penalties shall be assessed and imposed in accordance with the following schedule:

WEIGHT OF EXCESS

LOAD IN POUNDS AMOUNT OF FINE

1 to 3,000 fifty dollars ($50.00)

3,001 to 4,000 eighty dollars ($80.00)

4,001 to 5,000 one hundred dollars ($100)

5,001 to 6,000 one hundred fifty dollars ($150)

6,001 to 7,000 two hundred fifty dollars ($250)

7,001 to 8,000 three hundred fifty dollars ($350)

8,001 to 9,000 four hundred dollars ($400)

9,001 to 10,000 five hundred dollars ($500)

over 10,000 seven hundred dollars ($700)."

Section 25. Section 66-7-412 NMSA 1978 (being Laws 1959, Chapter 247, Section 1, as amended) is amended to read:

"66-7-412. SPECIAL FARM PERMITS.--The motor transportation [division of the] highway police department [of public safety] shall have the authority to issue special permits at all ports of entry where registration stations or places where inspection and registration services are maintained by [the motor transportation division] that department to all implements of husbandry using the highways, including farm tractors, and to the instrumentalities or vehicles that may be carrying the implements of husbandry, including farm tractors, when the securing of these permits is required by law."

Section 26. Section 66-7-413.2 NMSA 1978 (being Laws 1989, Chapter 291, Section 1, as amended) is amended to read:

"66-7-413.2. ENGINEERING INVESTIGATIONS FOR VEHICLES IN EXCESS OF ONE HUNDRED SEVENTY THOUSAND POUNDS.--

A. All vehicles with a gross vehicle weight in excess of one hundred seventy thousand pounds shall require a special permit as provided for in Section 66-7-413 NMSA 1978, and no such permit shall be issued unless:

(1) an engineering investigation and review have been conducted to:

(a) establish whether the move could be made without visible or documented damages to the portion of road or bridges upon which the move is to be made;

(b) establish whether the move could be made without visible or documented damages to any private facilities along the road upon which the move is to be made; and

(2) when required, the applicant has submitted to the motor transportation [division of the] highway police department [of public safety] and the local highway authorities all pertinent information requested of the applicant by [the motor transportation division of the] that department [of public safety]. If the submitted data [is] are not acceptable to the [state highway and] department of transportation [department], the applicant will be advised by the motor transportation [division of the] highway police department [of public safety] that engineering investigations will be conducted by the [state highway and] department of transportation [department] and the cost incurred by the [state highway and] department of transportation [department] will be paid by the applicant as an added cost to [his] the permit fee.

B. The motor transportation [division of the] highway police department [of public safety] shall adopt the necessary rules and regulations for the development of data for an investigation to determine whether to issue any special permit pursuant to Section 66-7-413 NMSA 1978.

C. The applicant or the applicant's employer shall pay the costs for any modifications to the road, bridges or private facilities along the road that the motor transportation [division of the] highway police department [of public safety] has determined are necessary for the issuance of the special permit and the costs for any damages to the road or bridges that are the result of the move and the fault of the mover and not [the motor transportation division of the] of that department [of public safety].

D. Any person who violates the provisions of Subsection A of this section [shall be] is guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for a definite term not to exceed six months, or both.

E. Nothing contained in this section shall limit in any manner the authority of the state, a county, a municipality or a political subdivision [thereof] to collect damages for any unlawful use of highways as provided by law."

Section 27. Section 66-7-413.4 NMSA 1978 (being Laws 2001, Chapter 20, Section 2, as amended) is amended to read:

"66-7-413.4. PERMITS FOR EXCESSIVE WEIGHT.--

A. In addition to the authority granted in Section 66-7-413 NMSA 1978, the motor transportation [division of the] highway police department [of public safety] may issue special permits authorizing an increase of up to twenty-five percent in axle weight for liquid hauling tank vehicles whenever the liquid hauling tank vehicles would have to haul less than a full tank under the maximum weights authorized in [Section] Sections 66-7-409 and 66-7-410 NMSA 1978. A special permit under this section may be issued for a single trip or for a year. The fee for the permits shall be thirty-five dollars ($35.00) for a single-trip permit and one hundred twenty dollars ($120) for an annual permit. Revenue from the permit fee shall be used to build, maintain, repair or reconstruct the highways and bridges of this state. Revenue from the permit shall be collected for the department of transportation and transferred to the state road fund.

B. The special permits authorized by this section shall not be valid for transportation of excessive weights on the interstate system as currently defined in federal law or as that system may be defined in the future. A special permit issued pursuant to this section shall not be valid for gross vehicle weights in excess of eighty-six thousand four hundred pounds or for a combination vehicle.

C. If the federal highway administration of the United States department of transportation gives official notice that money will be withheld or that this section violates the grandfather provision of 23 USCA 127, the secretary may withdraw all special permits and discontinue issuance of all special permits authorized in this section until such time that final determination is made. If the final determination allows the state to issue the special permits without sanction of funds or weight tables, the secretary shall reissue the special permits previously withdrawn and make the special permits available pursuant to this section."

Section 28. Section 66-7-415 NMSA 1978 (being Laws 1955, Chapter 37, Section 12, as amended) is amended to read:

"66-7-415. WHEN THE STATE TRANSPORTATION COMMISSION OR LOCAL AUTHORITIES MAY RESTRICT RIGHT TO USE STREETS.--

A. Local authorities, with respect to streets under their jurisdiction, may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or may impose limitations as to [the] size or weight [thereof], on designated streets in areas that are primarily residential, which prohibitions and limitations shall be designated by appropriate signs placed on [such] the street.

B. The local authority enacting an ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of [any] the street affected, and the ordinance or resolution shall not be effective [unless and] until [such] signs are erected and maintained and notice [thereof] given in writing to the nearest officer or employee of the motor transportation [division of the] highway police department [of public safety] authorized to issue special permits.

C. The state transportation commission shall likewise have authority, as granted to local authorities in Subsections A and B of this section, to determine by resolution and to impose restrictions as to the size and weight of vehicles operated upon any highways under the jurisdiction of the commission, and such restrictions shall be effective [on and after] upon the passage of a resolution and when signs giving notice thereof are erected upon the highway or portion of any highway affected by [such] the resolution. The commission shall deliver a copy of all restrictions adopted by it to the motor transportation [division of the] highway police department [of public safety]."

Section 29. Section 66-7-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 492, as amended) is amended to read:

"66-7-505. ADVISORY COMMITTEE--CREATION--MEMBERS--TERMS.--

A. There is created a five-member advisory committee to the bureau. The chief is, ex officio, the chair and a voting member of the committee. The governor shall appoint three members, to terms coterminous with the governor's tenure, who shall have the following qualifications:

(1) one member who is representative of the law enforcement agencies of this state;

(2) one member who is representative of the school bus transportation function of the public education department; and

(3) one member who is representative of the motor transportation [division of the] highway police department [of public safety].

B. Appointees who are public officers or public employees shall be compensated for attendance at meetings according to the Per Diem and Mileage Act. Appointees who are not public officers or employees shall be compensated for attendance at meetings in commensurate amount."

Section 30. Section 73-25-1 NMSA 1978 (being Laws 2003, Chapter 65, Section 1) is amended to read:

"73-25-1. SHORT TITLE.--[This act] Chapter 73, Article 25 NMSA 1978 may be cited as the "Regional Transit District Act"." Section 31. A new section of the Regional Transit District Act is enacted to read:

"[NEW MATERIAL] REGIONAL TRANSIT DISTRICT POLICING--AGREEMENT.--The district shall enter into an agreement, pursuant to the Joint Powers Agreements Act, with the motor transportation highway police department for the provision of security, safety and police services on or in rolling stock, property, rights of way, easements and facilities owned, leased, licensed or operated by the district."

Section 32. 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 transports or offers for transportation, scrap tires for [offsite] off-site 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] highway police department [of public safety], the New Mexico state police, a local law enforcement officer or the secretary or the secretary's designee."

Section 33. TEMPORARY PROVISION--TRANSFER OF PERSONNEL,

PROPERTY, CONTRACTS AND REFERENCES IN LAW AND RULES.--On July

1, 2009:

A. all personnel of the motor transportation division of the department of public safety are transferred to the motor transportation highway police department, and, in addition, the department of public safety shall transfer nine full-time-equivalent positions and related appropriations to the motor transportation highway police department to support the employment, subject to the Personnel Act and rules promulgated pursuant to that act, of one attorney position, three payroll and finance positions, one human resources position, two information technology positions and two administrative positions;

B. all appropriations, money, records, property, equipment and supplies of the motor transportation division of the department of public safety are transferred to the motor transportation highway police department;

C. all contracts, grants, agreements and other obligations of the motor transportation division of the department of public safety or of the department of public safety relating to the motor transportation division are transferred to and binding on the motor transportation highway police department;

D. all references in law and rules to the motor transportation division of the department of public safety shall be deemed to be references to the motor transportation highway police department; and

E. all rules of the motor transportation division of the department of public safety and all rules of the department of public safety pertaining to the motor transportation division shall be considered rules of the motor transportation highway police department.

Section 34. REPEAL.--Sections 65-1-38 through 65-1-45 NMSA 1978 (being Laws 2007, Chapter 54, Sections 1 through 8) are repealed.

Section 35. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2009.

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