53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO EXECUTIVE REORGANIZATION; MOVING THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT TO THE DEPARTMENT OF TRANSPORTATION; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-4-1.1 NMSA 1978 (being Laws 2015, Chapter 145, Section 19) is amended to read:
"1-4-1.1. AUTHORIZATION TO VERIFY VOTER REGISTRATION
INFORMATION--INVESTIGATION AND RECONCILIATION.--
A. The secretary of state may:
(1) provide to the chief election officer of another state or a consortium of chief election officers of other states information that is requested, including social security numbers, dates of birth, driver's licenses and identification card numbers and other information that the secretary of state deems necessary for the chief election officer of that state or for the consortium to maintain a voter registration list, if the secretary of state is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list; and
(2) request from the chief election officer of another state or a consortium of chief election officers of other states information that the secretary of state deems necessary to maintain the statewide voter registration list.
B. The secretary of state may enter into a written agreement with an agency or political subdivision of this state or with a department of the federal government pursuant to which the state agency, political subdivision or federal department shall provide to the secretary of state information that is in the possession of the state agency, political subdivision or federal department and that the secretary of state deems necessary to maintain the statewide voter registration list.
C. The secretary of state may enter into a written agreement with the secretary of [taxation and revenue] transportation to match information in the database of the voter registration electronic management system with information in the database of the motor vehicle division of the [taxation and revenue] department of transportation to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration. Upon the execution of the written agreement, the secretary of [taxation and revenue] transportation shall enter into an agreement with the federal commissioner of social security pursuant to 42 U.S.C. Section 15483 (now 52 U.S.C. Section 21083), for the purpose of verifying applicable information.
D. The secretary of state shall provide to the appropriate county clerk in this state and to no other person necessary information or documentation received by the secretary of state from or through an agency or political subdivision of this state, a federal department, the chief election officer of another state or a consortium of chief election officers of other states that calls into question the information provided on a certificate of registration; that raises questions regarding the status of a person registered to vote in this state; or that suggests that a voter may have voted in two states during the same election. The county clerk shall only disclose information received from the secretary of state pursuant to this subsection to complete an investigation pursuant to this section.
E. The county clerk shall investigate or reconcile the information received from the secretary of state. The secretary of state shall develop and maintain a manual for county clerks that describes best practices in investigating and reconciling information that is derived from comparisons of different databases, including safeguards to ensure that eligible voters are not removed in error from the official list of voters."
SECTION 2. Section 1-4-18.1 NMSA 1978 (being Laws 2013, Chapter 91, Section 1, as amended) is amended to read:
"1-4-18.1. ONLINE VOTER REGISTRATION.--
A. A person may complete a certificate of registration in person or by mail. In addition, the secretary of state shall, not later than January 1, 2016, allow a voter to submit an update to an existing certificate of registration and, not later than July 1, 2017, allow a qualified elector to submit a new certificate of registration form electronically through a web site authorized by the secretary of state or through any computer system maintained by a state agency for electronic voter registration that is approved by the secretary of state; provided that the person is qualified to register to vote and has a current or expired New Mexico driver's license or state identification card issued by the motor vehicle division of the [taxation and revenue] department of transportation.
B. An online certificate of registration form shall contain all of the information that is required for a paper form. The person shall also be required to provide the person's full New Mexico driver's license number or state identification card number.
C. When a person submits a new certificate of registration or an update to an existing certificate of registration, the person shall mark the box associated with the following statement included as part of the electronic certificate of registration form:
"By clicking the boxes below, I swear or affirm all of the following:
□ I am the person whose name and identifying
information is provided on this form, and I desire to register to vote in the state of New Mexico; and
□ all of the information that I have provided on this form is true and correct as of the date I am submitting this form.".
D. Prior to January 1, 2016, the secretary of state, in conjunction with the county clerks of the state, shall adopt rules establishing a uniform and nondiscriminatory process to match the information contained in the voter registration election management system with the database of the motor vehicle division of the [taxation and revenue] department of transportation or the federal social security administration for electronic certificates of registration updates completed pursuant to this section.
E. Prior to January 1, 2017, the secretary of state, in conjunction with the county clerks of the state, shall adopt rules establishing a uniform and nondiscriminatory process to match the information contained in the voter registration election management system with the database of the motor vehicle division of the [taxation and revenue] department of transportation or the federal social security administration for all electronic certificates of registration completed pursuant to this section.
F. Electronically submitted certificate of registration application forms shall retain the dates of
submission by the qualified elector and of acceptance by the county clerk.
G. For purposes of deadlines contained in the Election Code, the time and date of the submission by the qualified elector shall be considered the time and date when the certificate of registration is received by the county clerk.
H. The secretary of state shall ensure that the web sites used for electronic voter registration are secure and that the confidentiality of all users and the integrity of data submitted are preserved."
SECTION 3. Section 1-4-47 NMSA 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is amended to read:
"1-4-47. DRIVER'S LICENSE VOTER REGISTRATION.--
A. Every person who is a qualified elector and is applying for a driver's license, to renew a driver's license or for an identification card shall, if qualified to register to vote, with the consent of the applicant be simultaneously registered to vote.
B. The secretary of [taxation and revenue] transportation shall select certain employees of the motor vehicle division of the [taxation and revenue] department of transportation or employees of entities on contract to provide field services to the motor vehicle division to provide assistance to any applicant requesting voter registration assistance.
C. Every motor vehicle division office, field office or contract field office of the division shall display within the offices clearly visible signs stating "voter registration assistance available" and:
(1) personnel in each office shall advise each person who is a qualified elector and an applicant for licensure or renewal or for an identification card that initial voter registration or a change of address for voter registration may be made simultaneously with the motor vehicle application;
(2) voter registration shall be conducted in a manner such that the applicant completes the full certificate of registration electronically; and
(3) the applicant's digital signature shall be affixed to the certificate of registration using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act.
D. A motor vehicle division employee or contractor shall not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. A motor vehicle division employee or contractor shall not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.
E. Any voter registration made or accepted at a motor vehicle division office or motor vehicle division field office shall be transmitted to the secretary of state and the appropriate registration officer within seven calendar days.
F. The secretary of state shall work with the motor vehicle division to:
(1) ensure compliance in the application of the provisions of this section with the federal National Voter Registration Act of 1993;
(2) ensure consistent implementation in the various counties, based on county classification and developing technology; and
(3) develop procedures to ensure that, once voter registration information is transmitted to the appropriate registration officer, the voter's certificate of registration is printed and placed in the county's register of voters."
SECTION 4. Section 1-5-30 NMSA 1978 (being Laws 1989, Chapter 298, Section 1, as amended) is amended to read:
"1-5-30. SECRETARY OF STATE--ESTABLISHMENT OF STATEWIDE COMPUTERIZED VOTER REGISTRATION SYSTEM.--
A. The secretary of state shall develop, implement, establish and supervise a statewide computerized voter registration system that complies with the federal Help America Vote Act of 2002 to facilitate voter registration and to provide a central database containing voter registration information for New Mexico.
B. The statewide computerized voter registration system shall:
(1) provide for the establishment and maintenance of a central database for all voter registration information;
(2) permit the offices of all county clerks to add, modify and delete county information from the system to provide for accurate and up-to-date records;
(3) permit the offices of the county clerks and the bureau of elections to have access to the central database for review and search capabilities;
(4) provide security and protection for all information in the central database and monitor the central database to ensure the prevention of unauthorized entry;
(5) provide procedures for the electronic receipt of voter registration application and update information, including digitized and electronic signatures, photographs and other data provided by the motor vehicle division of the [taxation and revenue] department of transportation or the federal social security administration;
(6) provide procedures for entering data into the central database; and
(7) provide a centralized system for each county to enter the precinct to which a voter should be assigned for voting purposes."
SECTION 5. Section 1-5-31 NMSA 1978 (being Laws 1989, Chapter 298, Section 2, as amended) is amended to read:
"1-5-31. UNIFORM PROCEDURES FOR COUNTIES.--The secretary of state shall:
A. assist county clerks by devising uniform procedures and forms that are compatible with the voter registration electronic management system;
B. provide to each county clerk the computer software necessary for the use and maintenance of the voter registration electronic management system;
C. provide to each county clerk, through an agreement with the motor vehicle division of the [taxation and revenue] department of transportation, access to the division's driver's license database for the purpose of verifying voter registrations, processing absentee ballots and qualifying provisional ballots; and
D. adopt such rules as are necessary to establish and administer the voter registration electronic management system and to regulate the use of the driver's license database by county clerks."
SECTION 6. Section 7-1B-9 NMSA 1978 (being Laws 2015, Chapter 73, Section 9) is amended to read:
"7-1B-9. MOTOR VEHICLE ADMINISTRATIVE HEARINGS--PROCEDURES.--
A. A person may dispute the denial of or failure to either allow or deny a license, permit, placard or registration provided for in the Motor Vehicle Code. Upon timely receipt of a protest, the chief hearing officer shall promptly designate a hearing officer to conduct a hearing and shall set a date for the hearing. On that date, the hearing officer shall hear the protest.
B. A person may appear at a hearing set pursuant to the provisions of Subsection A of this section for the person's self or be represented by a bona fide employee or an attorney. A hearing shall not be open to the public except if held pursuant to the provisions of the Implied Consent Act or upon request of the person. A hearing officer may postpone or continue a hearing.
C. At the beginning of the hearing, the hearing officer shall inform the person of the person's right to representation. Within thirty days after the hearing, the hearing officer shall inform the protestant in writing of the decision and of the protestant's right to, and the requirements for perfection of, an appeal from the decision to the district court and of the consequences of a failure to appeal. The written decision shall embody an order granting or denying the relief requested or granting such part of the relief requested, as appropriate.
D. If the protestant or the secretary of [taxation and revenue] transportation is dissatisfied with the decision and order of the hearing officer, the party may appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
E. No court of this state has jurisdiction to entertain a proceeding by any person in which the person calls into question the application to that person of any provision of the Motor Vehicle Code, except as a consequence of the appeal by that person to the district court from the action and order of the hearing officer as provided for in this section.
F. Nothing in this section shall be construed to authorize a criminal proceeding or to authorize an administrative protest of the issuance of a subpoena or summons."
SECTION 7. Section 7-24A-6.1 NMSA 1978 (being Laws 1986, Chapter 74, Section 1, as amended) is amended to read:
"7-24A-6.1. COUNTY-WIDE GASOLINE TAX--AUTHORIZATION--IMPOSITION--RATE--ELECTION.--
A. A county-wide gasoline tax may be imposed on each gallon of gasoline sold at retail within the county in increments of one cent ($.01) per gallon up to a maximum of two cents ($.02) per gallon for the purpose of funding a vehicle emissions inspection program and other programs as specified in Subsection D of this section when the governing bodies of a county and a municipality adopt identical ordinances submitting the question to the qualified electors in the county in a joint election.
B. The procedures of the County and Municipal Gasoline Tax Act shall apply unless otherwise provided in this section.
C. The ordinance shall not go into effect until after a joint election is held pursuant to Section 7-24A-21 NMSA 1978 and a simple majority of the qualified electors of the county voting on the issue vote in favor of imposing a county-wide gasoline tax. If the ordinance is approved by a majority of the qualified electors of the county voting on the issue, the gasoline tax shall be imposed county-wide, both within and outside the boundaries of any municipality within the county.
D. If the qualified electors of the county vote in favor of an ordinance imposing a county-wide gasoline tax pursuant to Subsection C of Section 7-24A-21 NMSA 1978 and any proceeds of the tax are dedicated by the ordinance to a vehicle emissions inspection program, then the proceeds of the tax imposed shall be used first for the vehicle emissions inspection program and the balance shall be used for other environmental programs such as water quality or air quality programs. That balance shall be distributed to the municipality and the county based on the proportions that the population of the municipality and the population of the county outside the boundaries of the municipality bear to the total population of the county. The municipality and county shall reimburse the motor vehicle division of the [taxation and revenue] department of transportation for actual costs incurred in administering any plan that involves the motor vehicle division in the enforcement of denial of motor vehicle registration for noncompliance with a vehicle emissions inspection program. The costs reimbursed are appropriated to the motor vehicle division for that purpose."
SECTION 8. Section 11-6A-6 NMSA 1978 (being Laws 1997, Chapter 182, Section 2, as amended) is amended to read:
"11-6A-6. DISTRIBUTION OF CERTAIN LOCAL DWI GRANT PROGRAM FUNDS--APPROVAL OF PROGRAMS.--
A. An amount equal to the liquor excise tax revenues distributed to the local DWI grant fund for the fiscal year less five million six hundred thousand dollars ($5,600,000) shall be available for distribution in accordance with the formula in Subsection B of this section to each county for council-approved DWI programs, services or activities; provided that each county shall receive a minimum distribution of at least one-half percent of the money available for distribution.
B. Each county shall be eligible for a DWI program distribution in an amount derived by multiplying the total amount of money available for distribution by a percentage that is the average of the following two percentages:
(1) a percentage equal to a fraction, the numerator of which is the retail trade gross receipts in the county and the denominator of which is the total retail trade gross receipts in the state; and
(2) a percentage equal to a fraction, the numerator of which is the number of alcohol-related injury crashes in the county and the denominator of which is the total alcohol-related injury crashes in the state.
C. A county shall be eligible to receive the distribution determined pursuant to Subsection B of this section if the board of county commissioners has submitted to the council a request to use the distribution for the operation of one or more DWI programs, services or activities in the county and the request has been approved by the council. The request shall also comply with local DWI grant program rules and guidelines.
D. No later than April 1 each year, each board of county commissioners seeking approval for the DWI program distribution pursuant to this section shall make application to the division for review and approval by the council for one or more local DWI programs, services or activities in the county. Application shall be made on a form and in a manner determined by the division. The council shall approve the programs eligible for a distribution no later than July 1 of each year. The division shall make the annual distribution to each county in quarterly installments on or before each September 10, December 10, March 10 and June 10, beginning in September 2004. The amount available for distribution quarterly to each county shall be the amount determined by applying the formula in Subsection B of this section to the amount of liquor excise tax revenues in the local DWI grant fund at the end of the month prior to the quarterly installment due date and after one million three hundred twenty-five thousand dollars ($1,325,000) has been set aside for the DWI grant program and after the appropriations and distributions pursuant to Subsections D and E of Section 11-6A-3 NMSA 1978.
E. If a county does not have a council-approved DWI program, service or activity or does not need the full amount of the available distribution, the unused money shall revert to the local DWI grant fund and may be used by the council for the local DWI grant program.
F. As used in this section:
(1) "alcohol-related injury crashes" means the average annual number of alcohol-related injury crashes during the period from January 1, 2000 through December 31, 2002, as determined by the traffic safety bureau of the [state highway and transportation] department of transportation; and
(2) "retail trade gross receipts" means the total reported gross receipts attributable to taxpayers reporting under the retail trade industry sector of the state for the most recent fiscal year as determined by the taxation and revenue department."
SECTION 9. Section 15-8-5 NMSA 1978 (being Laws 1994, Chapter 119, Section 5, as amended) is amended to read:
"15-8-5. DIVISION--GENERAL POWERS AND DUTIES.--The division shall:
A. have control over state vehicles owned or leased by the division;
B. regulate the use of the state vehicles owned or leased by the division;
C. register all state vehicles owned or leased by the division;
D. control the issuance of state government plates assigned to a state agency and ensure that state government plates are used only on state vehicles;
E. maintain a complete and accurate inventory of state vehicles owned or leased by the division and the location of those vehicles;
F. establish and enforce maintenance standards for state vehicles owned or leased by the division;
G. require periodic use and maintenance reports from state agencies that have custody of state vehicles owned or leased by the division;
H. purchase or lease, through the state purchasing agent, state vehicles to be owned or leased by the division and assign their use;
I. perform periodic announced and unannounced inspections of state vehicles owned or leased by the division in the custody of state agencies;
J. establish a motor pool and provide a fleet of state vehicles for use by state agencies;
K. establish and enforce standards for drivers of state vehicles, including revoking driver privileges;
L. have access to individual state employee driver records maintained by the [taxation and revenue] motor vehicle division of the department of transportation in order to ensure that drivers of state vehicles hold a current valid driver's license as defined by the rules of the division;
M. maintain a record of all accident reports and insurance claims for vehicles owned or leased by the division;
N. maintain a history of state vehicles owned or leased by the division, including purchases, maintenance and sales;
O. carry out the provisions of the Alternative Fuel Acquisition Act as it applies to vehicles owned or leased by the division;
P. have the power to sell or otherwise dispose of vehicles owned or leased by the division pursuant to the provisions of Sections 13-6-1 and 13-6-2 NMSA 1978 after approval of the secretary; and
Q. administer the state's state and federal surplus property programs."
SECTION 10. Section 15-8-6 NMSA 1978 (being Laws 1994, Chapter 119, Section 6, as amended) is amended to read:
"15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT PLATES.--
A. The division shall adopt rules governing the use of vehicles used by state agencies or by other persons pursuant to Subsection I of this section, including driver requirements and responsibilities, under what circumstances someone can be assigned a state vehicle on a permanent or semipermanent basis and when custody of a state vehicle can be vested in another state agency.
B. The division may determine that it is impractical to retain custody of certain state vehicles, and it may provide that custody reside in another state agency in the following cases:
(1) the state vehicle is used for emergency or law enforcement purposes; or
(2) the state vehicle is a department of transportation, energy, minerals and natural resources department, department of game and fish or homeland security and emergency management department passenger vehicle, truck or tractor or heavy road equipment.
C. Except as provided in Subsections F, G and H of this section, all state vehicles shall be marked as state vehicles. Each side of the vehicle shall be marked, in letters not less than two inches in height, with the following designation of ownership: "State of New Mexico, ....... Department" or "State of New Mexico Department of ........." and naming the department using the vehicle.
D. Except as provided in Subsections F, G and H of this section, all state vehicles shall have specially designed government registration plates.
E. Except as provided in Subsections F, G and H of this section, all state vehicles owned or in the custody of state agencies that have law enforcement functions shall be marked and have state government registration plates.
F. State vehicles used for legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C, D and E of this section and may be issued an undercover license plate when it is determined by the division that issuance of such a license plate is necessary to protect legitimate undercover law enforcement activities.
G. State vehicles used for sensitive activities other than legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C, D and E of this section and may be issued a protective license plate when it is determined by the division that issuance of such a license plate is necessary to protect the health, safety or welfare of a state employee using a state-owned vehicle for sensitive activities. The standards for the issuance of a protective license plate pursuant to this subsection shall be determined by rule jointly promulgated by the division and the motor vehicle division of the [taxation and revenue] department of transportation.
H. A state agency may seek custody of state vehicles as an exception to Subsection B of this section or an exemption to the provisions of Subsection C of this section by making a written request to the director, specifying the reasons for the proposed custody or exemption. The director may approve the custody or exemption, in writing, indicating the duration and any conditions of the custody or exemption.
I. The division shall adopt rules permitting individuals enrolled in the state's adaptive driving program to use special-use state vehicles for evaluation and training purposes in that program."
SECTION 11. Section 24-6B-14 NMSA 1978 (being Laws 2007, Chapter 323, Section 14) is amended to read:
"24-6B-14. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.--
A. When a hospital refers [an individual] a person at or near death to a procurement organization, the organization shall make a reasonable search of the records of the motor vehicle division of the [taxation and revenue] department of transportation and any donor registry that it knows exists for the geographical area in which the [individual] person resides to ascertain whether the [individual] person has made an anatomical gift.
B. A procurement organization shall be allowed reasonable access to information in the records of the motor vehicle division of the [taxation and revenue] department of transportation to ascertain whether [an individual] a person at or near death is a donor.
C. When a hospital refers [an individual] a person at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the [individual] person expressed a contrary intent.
D. Unless prohibited by law other than the Jonathan Spradling Revised Uniform Anatomical Gift Act, at any time after a donor's death, the person to which a part passes pursuant to Section [11 of that act] 24-6B-11 NMSA 1978 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
E. Unless prohibited by law other than the Jonathan Spradling Revised Uniform Anatomical Gift Act, an examination pursuant to Subsection C or D of this section may include an examination of all medical and dental records of the donor or prospective donor.
F. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
G. Upon referral by a hospital pursuant to Subsection A of this section, a procurement organization shall make a reasonable search for any person listed in Section [9 of the Jonathan Spradling Revised Uniform Anatomical Gift Act] 24-6B-9 NMSA 1978 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.
H. Subject to the provisions of Subsection I of Section [11 and Section 23 of the Jonathan Spradling Revised Uniform Anatomical Gift Act] 24-6B-11 NMSA 1978 and Section
24-6B-23 NMSA 1978, the rights of the person to which a part passes pursuant to Section [11 of that act] 24-6B-11 NMSA 1978 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and the Jonathan Spradling Revised Uniform Anatomical Gift Act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes pursuant to Section [11 of the Jonathan Spradling Revised Uniform Anatomical Gift Act] 24-6B-11 NMSA 1978, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.
I. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
J. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove."
SECTION 12. Section 24-6B-20 NMSA 1978 (being Laws 2007, Chapter 323, Section 20) is amended to read:
"24-6B-20. DONOR REGISTRY.--
A. The motor vehicle division of the [taxation and revenue] department of transportation shall establish a donor registry pursuant to the provisions of Subsection B of Section 66-5-10 NMSA 1978.
B. The motor vehicle division [of the taxation and revenue department] shall cooperate with a person that administers any donor registry that this state establishes, contracts for or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to or revocation of an anatomical gift.
C. A donor registry shall:
(1) allow a donor or other person authorized pursuant to Section [4 of the Jonathan Spradling Revised Uniform Anatomical Gift Act] 24-6B-4 NMSA 1978 to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;
(2) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and
(3) be accessible for purposes of Paragraphs (1) and (2) of this subsection seven days a week on a twenty-four-hour basis.
D. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person who made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
E. This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry shall comply with the provisions of Subsections C and D of this section."
SECTION 13. Section 29-2-18 NMSA 1978 (being Laws 1941, Chapter 147, Section 17, as amended) is amended to read:
"29-2-18. STATE POLICE CHIEF AND OTHER MEMBERS--POWERS AND DUTIES.--
A. The chief and other members of the New Mexico state police, when duly commissioned and sworn under the provisions of Sections 29-2-1 through 29-2-29 NMSA 1978, shall have the following powers and shall be:
(1) conservators of the peace within the state with full power to apprehend, arrest and bring before the proper court all law violators within the state;
(2) ex-officio deputies and agents of [all the officers and departments of] the taxation and revenue department [and of the officers and departments within the state charged with], of the motor vehicle division of the department of transportation pertaining to the registration of motor vehicles and the issuance of licenses to operators of motor vehicles and of the [officers and departments of the state] motor transportation police of the department of public safety and the public regulation commission, which are charged with the regulation and control of motor vehicles operated upon the public highways for hire in the transportation of either passengers or property; and
(3) charged with the enforcement of all laws of New Mexico regulating the use of highways.
B. Upon request of any officer or agency of the state charged with the duty of enforcing any law of the state that is made to the secretary of public safety, one or more members of the New Mexico state police may be temporarily designated specifically to enforce the provisions of such law."
SECTION 14. Section 29-5-1.1 NMSA 1978 (being Laws 1981, Chapter 304, Section 1, as amended) is amended to read:
"29-5-1.1. EDUCATIONAL INSTITUTIONS--CAMPUS TRAFFIC [REGULATIONS] RULES.--
A. The board of regents of each state educational institution designated in Article 12, Section 11 of the constitution of New Mexico that is located within a county having a population in excess of ninety-five thousand according to the most recent federal decennial census may promulgate [regulations] rules governing the operation and parking of vehicles on any area within the exterior boundaries of lands under its control [which] that is not a municipal street or highway, including [but not limited to]:
(1) limiting the rates of speed;
(2) assigning parking spaces, designating parking areas and their uses and collecting rent for them;
(3) prohibiting parking;
(4) removing vehicles parked in violation of campus traffic [regulations] rules at the expense of the violator who shall pay the expense before the vehicle is released; and
(5) instituting a system of vehicle registration for the identification and regulation of vehicles regularly using institutional premises, including a reasonable charge to defray costs of providing parking and traffic enforcement services and campus parking.
B. Areas subject to campus traffic [regulations] rules shall be marked with signs conforming with standards used by the [state highway and] department of transportation [department].
C. [Regulations] Rules of a board of regents promulgated pursuant to this section shall include a specific penalty for each type of violation, which shall not exceed one hundred dollars ($100). In addition, the board of regents may impose an administrative cost assessment not exceeding five dollars ($5.00) for each parking citation issued as costs of administration of a campus traffic program.
D. Except as provided by Subsection J of this section, unless a warning notice or a parking citation is given, at the time of making an arrest for any violation of this section, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment or appearing in the metropolitan, municipal or magistrate court within five days after issuance of the citation. The violator's signature on the penalty assessment notice constitutes [as] an acknowledgment of guilt of the offense stated in the notice.
E. Payment of [any] a parking violation penalty assessment shall be made by mailing the payment within five days from the date the citation was issued to the university police office for processing in the manner prescribed by the board of regents.
F. Payment of [any] a moving violation penalty assessment shall be made by mailing the payment within thirty days from the date of issuance of the citation to the motor vehicle division of the [taxation and revenue] department of transportation in Santa Fe. Payments of penalty assessments are timely if postmarked within thirty days from the date of issuance of the citation. When a penalty assessment is paid by currency, a receipt may be immediately mailed to the violator. When a penalty assessment is paid by check, the canceled check is a sufficient receipt.
G. No record of any penalty assessment payment is admissible as evidence in [any] a court in [any] a civil action.
H. If a penalty assessment is not paid within thirty days from the date of issuance of the citation, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued.
I. [Any] A penalty assessment collected by the motor vehicle division of the [taxation and revenue] department of transportation pursuant to Subsection F of this section shall be remitted to the state treasurer for deposit into the current school fund. [Any] An administrative cost assessment collected by the division pursuant to this section shall be remitted within thirty days to the state educational institution [which] that issued the citation for administering parking and traffic [regulations] rules on that campus. [Any] A penalty assessment or administrative cost assessment collected by the university police office pursuant to Subsection E of this section shall be retained by the state educational institution as reimbursement for its expenses.
J. No penalty assessment citation shall be issued for:
(1) speeding in excess of twenty-five miles an hour in excess of the speed limit;
(2) operating a vehicle while under the influence of alcohol or drugs; or
(3) an offense [which] that has caused or contributed to the cause of an accident resulting in injury or death to any person.
K. The uniform traffic citation form approved by the director of the motor vehicle division of the department of transportation shall be used as the complaint for violations of [regulations] rules promulgated pursuant to the provisions of this section. Citations for moving violations shall be issued in the manner set forth in Sections 66-8-123 through 66-8-127 NMSA 1978."
SECTION 15. Section 29-5-4 NMSA 1978 (being Laws 2011, Chapter 53, Section 1) is amended to read:
"29-5-4. POST-SECONDARY EDUCATIONAL INSTITUTIONS--CAMPUS TRAFFIC [REGULATIONS] RULES--AGREEMENT WITH MUNICIPALITY.--
A. As used in this section, "post-secondary educational institution" means a community college operating pursuant to the Community College Act or a technical and vocational institute operating pursuant to the Technical and Vocational Institute Act that does not have campus police officers created pursuant to Section 29-5-3 NMSA 1978.
B. The governing board of a post-secondary educational institution may adopt and promulgate traffic [regulations] rules to apply to areas within the exterior boundaries of the lands under the control of the board, including streets and highways. Traffic [regulations] rules may include:
(1) limiting the rates of speed;
(2) assigning parking spaces and designating parking and no parking areas and their uses;
(3) prohibiting parking;
(4) removing, disabling or booting vehicles parked in violation of campus traffic [regulations] rules at the expense of the violator, who shall pay the expense before the vehicle is released; and
(5) instituting a system of vehicle registration for the identification and regulation of vehicles regularly using campus facilities, including a reasonable charge to defray the costs of providing parking and traffic enforcement services and campus parking.
C. All areas subject to traffic [regulations] rules shall be marked with signs conforming with standards used by the department of transportation.
D. Traffic [regulations] rules adopted by a post-secondary educational institution pursuant to this section shall include a specific penalty for each type of violation that shall not exceed the penalty for the same violation under state law or municipal ordinance for the municipality where the post-secondary educational institution is located.
E. A post-secondary educational institution may enter into a written agreement with the municipality where the institution is located for municipal police enforcement of traffic [regulations] rules and for enforcement of applicable laws and ordinances within the exterior boundaries of the lands under the control of the institution. The written agreement shall outline the terms and conditions for municipal enforcement of the institution's traffic [regulations] rules, including the following:
(1) unless a warning notice or a parking citation is given at the time of making an arrest for a traffic violation, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment or appearing in municipal court for adjudication within five days after issuance of the citation;
(2) if an alleged violator elects to appear in municipal court in lieu of accepting a penalty assessment, the fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment;
(3) a violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice;
(4) payment of a parking violation penalty assessment shall be made by mailing the payment within five days from the date the citation was issued to the municipality for processing in accordance with the written agreement. Payment of the penalty assessment is timely if postmarked within five days from the date of issuance of the citation;
(5) payment of any moving violation penalty assessment shall be made by mailing the payment within thirty days from the date the citation was issued to the municipality for processing in accordance with the written agreement. Payment of the penalty assessment is timely if postmarked within thirty days from the date of issuance of the citation;
(6) when a penalty assessment is paid by currency, a receipt shall be immediately mailed to the violator;
(7) if a penalty assessment is not paid within thirty days from the date of issuance of the citation, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued;
(8) all penalties and fines assessed shall be paid to the municipality to defray the costs of enforcement and adjudication of citations issued at the post-secondary educational institution; and
(9) the uniform traffic citation form approved by the motor vehicle division of the [taxation and revenue] department of transportation shall be used as the complaint for violations of campus traffic regulations. Citations for moving violations shall be issued in the manner set forth in Sections 66-8-123 through 66-8-127 NMSA 1978.
F. A municipality enforcing campus traffic [regulations] rules pursuant to this section may, by commission, authorize campus security personnel at the post-secondary educational institution to issue citations for violations of non-moving traffic [regulations] rules on such terms and conditions as provided in the written agreement but in no event shall campus security personnel be given arrest powers.
G. In the absence of a written agreement with a municipality for the enforcement of traffic [regulations] rules, campus security personnel may enforce traffic regulations. The punishment for a violation of a campus traffic [regulation] rule shall be not more than five dollars ($5.00) per violation. All fines collected pursuant to this subsection shall be remitted to the post-secondary educational institution and shall be used solely for the purposes of enforcing campus traffic [regulations] rules and for planning and improving movement and control of vehicles and related parking problems and for use in the operation, management and administration of the institution's security office.
H. When a traffic citation is issued by a campus security officer, the officer shall be wearing a distinctive badge and uniform issued to the officer by the post-secondary educational institution.
I. A record of a penalty assessment payment is not admissible as evidence in court in a civil action.
J. A post-secondary educational institution may withhold the issuance of grades and degrees in order to secure payment of unpaid traffic or parking assessments."
SECTION 16. Section 30-3-8.2 NMSA 1978 (being Laws 1993, Chapter 78, Section 3) is amended to read:
"30-3-8.2. COURT RECORD OF CONVICTION--REVOCATION OF DRIVER'S LICENSE.--Upon a conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or attempt to commit that offense, the district court shall send a record of the conviction to the motor vehicle division of the [taxation and revenue] department of transportation. The division shall immediately revoke the driver's licenses or driving privileges of all persons convicted of the offense of shooting at or from a motor vehicle or convicted of conspiring or attempting to commit that offense, pursuant to the provisions of Subsection E of Section 66-5-29 NMSA 1978."
SECTION 17. Section 30-16D-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 91, as amended by Laws 2009, Chapter 253, Section 1 and by Laws 2009, Chapter 261, Section 1) is amended to read:
"30-16D-1. UNLAWFUL TAKING OF A VEHICLE OR MOTOR VEHICLE.--
A. Unlawful taking of a vehicle or motor vehicle consists of a person taking any vehicle or motor vehicle as defined by the Motor Vehicle Code intentionally and without consent of the owner. Whoever commits unlawful taking of a vehicle or motor vehicle is guilty of a:
(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense; and
(3) second degree felony for a third or subsequent offense.
B. The consent of the owner of the vehicle or motor vehicle to its taking shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking of the vehicle or motor vehicle by the same or a different person.
C. Nothing in this section shall be construed to prohibit the holder of a lien duly recorded with the motor vehicle division of the [taxation and revenue] department of transportation from taking possession of a vehicle to which possession the lienholder is legally entitled under the provisions of the instrument evidencing the lien. A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that the holder has taken possession of the vehicle."
SECTION 18. Section 30-16D-6 NMSA 1978 (being Laws 1978, Chapter 35, Section 95, as amended by Laws 2009, Chapter 253, Section 6 and by Laws 2009, Chapter 261, Section 6) is amended to read:
"30-16D-6. ALTERING OR CHANGING ENGINE OR OTHER NUMBERS.--
A. No person shall, with fraudulent intent, deface, remove, cover, destroy or alter the manufacturer's serial number, engine number, decal or other distinguishing number or identification mark or number placed under assignment of the motor vehicle division of the [taxation and revenue] department of transportation of a vehicle required to be registered under the Motor Vehicle Code or any vehicle, motor vehicle or motor vehicle engine or component as defined by the Motor Vehicle Code for which a dismantler's notification form has been processed through the division, nor shall any person place or stamp any serial, engine, decal or other number or mark upon the vehicle except one assigned by the division. Any violation of this section is a fourth degree felony.
B. This section shall not prohibit the restoration by an owner of an original serial, engine, decal or other number or mark when the restoration is made under permit issued by the division nor prevent any manufacturer from placing, in the ordinary course of business, numbers, decals or marks upon vehicles or parts thereof."
SECTION 19. Section 31-26-15 NMSA 1978 (being Laws 2009, Chapter 95, Section 4) is amended to read:
"31-26-15. IDENTITY THEFT PASSPORT--DATABASE.--
A. The attorney general, in cooperation with the department of public safety and the motor vehicle division of the [taxation and revenue] department of transportation, shall issue an identity theft passport to a person who claims to be a victim of identity theft pursuant to Section 30-16-24.1 NMSA 1978 and who provides to the attorney general:
(1) a certified copy of a court order obtained pursuant to Section [5 of this 2009 act] 31-26-16 NMSA 1978 or a full set of fingerprints;
(2) a driver's license or other government-issued identification or record; and
(3) other information as required by the attorney general.
B. An identity theft passport shall contain a picture of the person to whom it was issued and other information as the attorney general deems appropriate.
C. The attorney general may enter into a memorandum of understanding with the motor vehicle division of the [taxation and revenue] department of transportation for the development and issuance of a secure form of identity theft passport. When an identity theft passport is issued, the motor vehicle division shall note on the person's driver record that an identity theft passport has been issued.
D. An [identify] identity theft passport shall be accepted as evidence of identity by law enforcement officers and others who may challenge the person's identity.
E. The attorney general shall maintain a database of identity theft victims who have reported to a law enforcement agency or have been issued an identity theft passport. The attorney general may provide access to the database only to criminal justice agencies. For purposes of identification and authentication, the attorney general may allow access to specific information about a person who has become a victim of identity theft to that person or to that person's authorized representative.
F. The attorney general shall keep on file each application for an identity theft passport and each police report of identity theft submitted by a law enforcement agency.
G. The attorney general shall prepare and make available to local law enforcement agencies and to the general public an information packet that includes information on how to prevent and stop identity theft."
SECTION 20. Section 32A-2-19 NMSA 1978 (being Laws 1993, Chapter 77, Section 48, as amended) is amended to read:
"32A-2-19. DISPOSITION OF AN ADJUDICATED DELINQUENT OFFENDER.--
A. At the conclusion of the dispositional hearing, the court may make and include in the dispositional judgment its findings on the following:
(1) the interaction and interrelationship of the child with the child's parents and siblings and any other person who may significantly affect the child's best interests;
(2) the child's adjustment to the child's home, school and community;
(3) the mental and physical health of all individuals involved, including consideration of such factors as the child's brain development, maturity, trauma history and disability;
(4) the wishes of the child as to the child's custodian;
(5) the wishes of the child's parents as to the child's custody;
(6) whether there exists a relative of the child or other individual who, after study by the department, is found to be qualified to receive and care for the child;
(7) the availability of services recommended in the predisposition report; and
(8) the ability of the parents to care for the child in the home.
B. If a child is found to be delinquent, the court may impose a fine not to exceed the fine that could be imposed if the child were an adult and may enter its judgment making any of the following dispositions for the supervision, care and rehabilitation of the child:
(1) transfer legal custody to the department, an agency responsible for the care and rehabilitation of delinquent children, which shall receive the child at a facility designated by the secretary of the department as a juvenile reception facility. The department shall thereafter determine the appropriate placement, supervision and rehabilitation program for the child. The judge may include recommendations for placement of the child. Commitments are subject to limitations and modifications set forth in Section 32A-2-23 NMSA 1978. The types of commitments include:
(a) a short-term commitment of one year in a facility for the care and rehabilitation of adjudicated delinquent children. No more than nine months shall be served at the facility and no less than ninety days shall be served on supervised release, unless: 1) a petition to extend the commitment has been filed prior to the commencement of supervised release; 2) the commitment has been extended pursuant to Section 32A-2-23 NMSA 1978; or 3) supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978;
(b) a long-term commitment for no more than two years in a facility for the care and rehabilitation of adjudicated delinquent children. No more than twenty-one months shall be served at the facility and no less than ninety days shall be served on supervised release, unless: 1) supervised release is revoked pursuant to Section 32A-2-25 NMSA 1978; or 2) the commitment is extended pursuant to Section 32A-2-23 NMSA 1978;
(c) if the child is a delinquent offender who committed one of the criminal offenses set forth in Subsection I of Section 32A-2-3 NMSA 1978, a commitment to age twenty-one, unless sooner discharged; or
(d) if the child is a youthful offender, a commitment to age twenty-one, unless sooner discharged;
(2) place the child on probation under those conditions and limitations as the court may prescribe;
(3) place the child in a local detention facility that has been certified in accordance with the provisions of Section 32A-2-4 NMSA 1978 for a period not to exceed fifteen days within a three hundred sixty-five day time period; or if a child is found to be delinquent solely on the basis of Paragraph (3) of Subsection A of Section 32A-2-3 NMSA 1978, the court shall only enter a judgment placing the child on probation or ordering restitution or imposing a fine not to exceed the fine that could be imposed if the child were an adult or any combination of these dispositions; or
(4) if a child is found to be delinquent solely on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the court may make any disposition provided by this section and may enter its judgment placing the child on probation and, as a condition of probation, transfer custody of the child to the department for a period not to exceed six months without further order of the court; provided that this transfer shall not be made unless the court first determines that the department is able to provide or contract for adequate and appropriate treatment for the child and that the treatment is likely to be beneficial.
C. When the child is an Indian child, the Indian child's cultural needs shall be considered in the dispositional judgment and reasonable access to cultural practices and traditional treatment shall be provided.
D. A child found to be delinquent shall not be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of crimes.
E. Whenever the court vests legal custody in an agency, institution or department, it shall transmit with the dispositional judgment copies of the clinical reports, predisposition study and report and other information it has pertinent to the care and treatment of the child.
F. Prior to any child being placed in the custody of the department, the department shall be provided with reasonable oral or written notification and an opportunity to be heard.
G. In addition to any other disposition pursuant to Subsection B of this section, the court may make an abuse or neglect report for investigation and proceedings as provided for in the Abuse and Neglect Act. The report may be made to a local law enforcement agency, the department or a tribal law enforcement or social service agency for an Indian child residing in Indian country.
H. In addition to any other disposition pursuant to this section or any other penalty provided by law, if a child who is fifteen years of age or older is adjudicated delinquent on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the child's driving privileges may be denied or the child's driver's license may be revoked for a period of ninety days. For a second or a subsequent adjudication, the child's driving privileges may be denied or the child's driver's license revoked for a period of one year. Within twenty-four hours of the dispositional judgment, the court may send to the motor vehicle division of the [taxation and revenue] department of transportation the order adjudicating delinquency. Upon receipt of an order from the court adjudicating delinquency, the director of the motor vehicle division of the [taxation and revenue] department of transportation may revoke or deny the delinquent's driver's license or driving privileges. Nothing in this section may prohibit the delinquent from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978 or an ignition interlock license pursuant to the Ignition Interlock Licensing Act, and nothing in this section precludes the delinquent's participation in an appropriate educational, counseling or rehabilitation program.
I. In addition to any other disposition pursuant to this section or any other penalty provided by law, when a child is adjudicated delinquent on the basis of Paragraph (6) of Subsection A of Section 32A-2-3 NMSA 1978, the child shall perform the mandatory community service set forth in Section 30-15-1.1 NMSA 1978. When a child fails to completely perform the mandatory community service, the name and address of the child's parent or legal guardian shall be published in a newspaper of general circulation, accompanied by a notice that the parent or legal guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti."
SECTION 21. Section 33-3-25 NMSA 1978 (being Laws 1983, Chapter 134, Section 1, as amended) is amended to read:
"33-3-25. LOCAL GOVERNMENT CORRECTIONS FUND CREATED--ADMINISTRATION--DISTRIBUTION.--
A. [There is created in the state treasury] The "local government corrections fund" is created in the state treasury to be administered by the administrative office of the courts.
B. All balances in the local government corrections fund are appropriated to the administrative office of the courts for payment to counties for county jailer or juvenile detention officer training; for the construction planning, construction, maintenance and operation of the county detention facility, jail or juvenile detention facility; for paying the cost of housing county prisoners or juveniles in any detention facility in the state; for alternatives to incarceration; or for complying with match or contribution requirements for the receipt of federal funds relating to detention facilities, jails or juvenile detention facilities. Payments shall be made quarterly upon certification by the magistrate court or metropolitan court and the motor vehicle division of the [taxation and revenue] department of transportation of eligible amounts as provided in Subsection C of this section.
C. Each county shall be eligible for a payment in an amount equal to the costs and fees collected by a magistrate court or a metropolitan court and the motor vehicle division pursuant to offenses committed within the county and deposited in the local government corrections fund.
D. Payments from the local government corrections fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration.
E. All money received by a county pursuant to this section shall be deposited in a special fund in the county treasury and shall be used solely for:
(1) county jailer or juvenile detention officer training;
(2) the construction planning, construction, maintenance and operation of the county detention facility, jail or juvenile detention facility;
(3) paying the cost of housing county prisoners or juveniles in any detention facility in the state;
(4) alternatives to incarceration; or
(5) complying with match or contribution requirements for the receipt of federal funds relating to detention facilities, jails or juvenile detention facilities."
SECTION 22. Section 38-5-3 NMSA 1978 (being Laws 1991, Chapter 71, Section 2, as amended) is amended to read:
"38-5-3. SOURCE FOR JUROR SELECTION.--
A. Each county clerk shall make available to the secretary of state a database of registered voters of the clerk's county. The secretary of state shall preserve and make available to the department of information technology, by electronic media, a database of New Mexico registered voters, by county, which shall be updated every six months. The director of the motor vehicle division of the [taxation and revenue] department of transportation shall make available by electronic media to the department of information technology a database of driver's license holders in each county, which shall be updated every six months. The secretary of taxation and revenue shall make available to the department of information technology, by electronic media, a database of New Mexico personal income tax filers by county, which shall be updated every six months. The updates shall occur in June and December.
B. The department of information technology shall program the merger of the registered voter, driver's license and personal income tax filer databases from each county to form a master jury database and write a computer program so that a random selection of jurors can be made. A discrimination shall not be exercised except for the elimination of persons who are not eligible for jury service. The administrative office of the courts shall provide specifications for the merging of the registered voter, driver's license and personal income tax filer databases to form the master jury database. The master jury database shall be the database that produces the random jury list for the selection of petit or grand jurors for the state courts.
C. The secretary of veterans' services and the adjutant general of the department of military affairs shall make available, by electronic media, to the administrative office of the courts a database of service members who were killed or missing in action during military service, which shall be updated every six months. The administrative office of the courts shall remove the names of service members who were killed or missing in action during military service from the master jury database that produces the random jury list for the state courts.
D. The court shall, by order, designate the number of potential jurors to be selected and the date on which the jurors are to report for empaneling. Within fifteen days after receipt of a copy of the order, the administrative office of the courts shall provide the random jury list to the court. The department of information technology shall print the random jury list and jury summons mailer forms within ten days after receiving the request from the administrative office of the courts. Upon issuance of the order, the department of information technology shall draw from the most current registered voter, driver's license and personal income tax filer databases to create the random jury list.
E. The department of information technology may transfer the master jury database to a court that has compatible equipment to accept such a transfer. The court accepting the master jury database shall transfer the information to a programmed computer used for the random selection of petit or grand jurors."
SECTION 23. Section 40-5A-3 NMSA 1978 (being Laws 1995, Chapter 25, Section 3, as amended) is amended to read:
"40-5A-3. DEFINITIONS.--As used in the Parental Responsibility Act:
A. "applicant" means an obligor who is applying for issuance of a license;
B. "board" means:
(1) the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;
(2) the manufactured housing committee and manufactured housing division of the regulation and licensing department;
(3) a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978;
(4) any other state agency to which the Uniform Licensing Act is applied by law;
(5) a licensing board or other authority that issues a license, certificate, registration or permit to engage in a profession or occupation regulated in New Mexico;
(6) the department of game and fish;
(7) the motor vehicle division of the [taxation and revenue] department of transportation; or
(8) the alcohol and gaming division of the regulation and licensing department;
C. "certified list" means a verified list that includes the names, social security numbers and last known addresses of obligors not in compliance;
D. "compliance" means that:
(1) an obligor is no more than thirty days in arrears in payment of amounts required to be paid pursuant to an outstanding judgment and order for support; and
(2) an obligor has, after receiving appropriate notice, complied with subpoenas or warrants relating to paternity or child support proceedings;
E. "department" means the human services department;
F. "judgment and order for support" means the judgment entered against an obligor by the district court or a tribal court in a case enforced by the department pursuant to Title IV-D of the Social Security Act;
G. "license" means a liquor license or other license, certificate, registration or permit issued by a board that a person is required to have to engage in a profession or occupation in New Mexico; "license" includes a commercial driver's license, driver's license and recreational licenses, including hunting, fishing or trapping licenses;
H. "licensee" means an obligor to whom a license has been issued; and
I. "obligor" means the person who has been ordered to pay child or spousal support pursuant to a judgment and order for support."
SECTION 24. Section 52-5-3 NMSA 1978 (being Laws 1986, Chapter 22, Section 29, as amended) is amended to read:
"52-5-3. REPORTS--DATA GATHERING.--
A. The intent of this section is to allow the director to gather data and conduct studies to evaluate the workers' compensation and occupational disease disablement system in New Mexico. This includes evaluating the benefits structure and the costs incurred under each version of the Workers' Compensation Act and the New Mexico Occupational Disease Disablement Law. To this end, the director shall establish baseline data against which to assess the changes in the law.
B. The director shall independently evaluate insurance industry data pertaining to workers' compensation and occupational disease disablement claims and payments, as well as other information the director believes to be necessary and relevant to a thorough evaluation of the system's effectiveness. In addition to data generated by insurance industry representatives and organizations, the director shall collect data from employers, claimants and other relevant parties.
C. Unless otherwise provided by law, the director shall have access to insurance industry information that contains workers' compensation and occupational disease disablement claim data as the director determines is necessary to carry out the provisions of this section.
D. The director shall have access to files and records of:
(1) the workforce solutions department that pertain to:
(a) the name and number of employees reported by employers;
(b) employers' mailing addresses;
(c) federal identification numbers; and
(d) general wage information;
(2) the office of superintendent of insurance that pertain to:
(a) historical insurance classification rates and total premiums paid during given periods of time;
(b) insurers licensed to underwrite casualty insurance; and
(c) records of group self-insurers;
(3) the human services department that include names, addresses and other identifying information of recipients of benefits and services pertaining to income support;
(4) the taxation and revenue department that identify employers paying workers' compensation assessments in accordance with Section 52-5-19 NMSA 1978; and
(5) the motor vehicle division of the [taxation and revenue] department of transportation that pertain to the identity of licensed drivers and the ownership of motor vehicles.
E. Information that is confidential under state law shall be accessible to the director and shall remain confidential.
F. The director shall prepare an annual report. The director shall publish in that report and in other reports as the director deems appropriate such statistical and informational reports and analyses based on reports and records available as, in the director's opinion, will be useful in increasing public understanding of the purposes, effectiveness, costs, coverage and administrative procedures of workers' compensation and in providing basic information regarding the occurrence and sources of work injuries or disablements to public and private agencies engaged in industrial injury prevention activities. The reports shall include information concerning the nature and frequency of injuries and occupational diseases sustained and the resulting benefits, costs and other factors that are important to furthering the intent of this section."
SECTION 25. 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 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 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 department of public safety, the secretary of public safety or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
G. "director" means the secretary;
H. "division" means the New Mexico state police division of the department;
I. "evidence of registration" means documentation issued by the [taxation and revenue] motor vehicle division of the department of transportation 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; "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 and, except for the purposes of Section 65-1-33 NMSA 1978, also includes a deputy secretary and any division director delegated by the secretary;
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 26. Section 65-1-29.1 NMSA 1978 (being Laws 1998 (1st S.S.), Chapter 10, Section 8) is amended to read:
"65-1-29.1. RECEIPTS--DISBURSEMENTS.--Money collected under the Motor Transportation Act shall be paid to the state treasurer for the credit of the motor vehicle suspense fund not later than the close of the second business day after their receipt. At the same time, the department of public safety shall deliver to the [taxation and revenue] motor vehicle division of the department of transportation documentation sufficient to make refunds, distributions and other disbursements of the money paid into the fund by the department."
SECTION 27. Section 65-3-14 NMSA 1978 (being Laws 2007, Chapter 151, Section 1, as amended) is amended to read:
"65-3-14. DRUG AND ALCOHOL TESTING PROGRAM--REPORT OF POSITIVE TEST.--
A. A motor carrier shall have an in-house drug and alcohol testing program that meets the requirements of 49 C.F.R. part 382 or be a member of a consortium, as defined in 49 C.F.R. part 382.107, that provides testing that meets the requirements of C.F.R. part 382.
B. A person or entity specified in 49 C.F.R. part 382.103, who is not explicitly excepted by New Mexico law, is subject to the provisions of this section and shall report positive test results or a refusal to submit to a test pursuant to provisions in this section. A refusal to submit to a pre-employment test shall not be considered a violation of this section.
C. When a person or entity specified in 49 C.F.R. part 382.103 determines that a positive test result is valid, the person or entity shall report the findings to the motor vehicle division of the [taxation and revenue] department of transportation. The motor vehicle division shall enter the report of a positive test result or refusal to submit to a test on the reported person's motor vehicle record so that it can be contained in the commercial driver's license information system pursuant to the New Mexico Commercial Driver's License Act.
D. The division shall keep the report of a positive test result or the refusal to submit to a test in the motor vehicle record of the driver for five years from the time the report was received by the motor vehicle division."
SECTION 28. Section 66-1-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 4, as amended) is amended to read:
"66-1-4. DEFINITIONS.--
A. Sections 66-1-4.1 through 66-1-4.20 NMSA 1978 define terms for general purposes of the Motor Vehicle Code. When in a specific section of the Motor Vehicle Code a different meaning is given for a term defined for general purposes in Sections 66-1-4.1 through 66-1-4.20 NMSA 1978, the specific section's meaning and application of the term shall control.
B. All references in the Motor Vehicle Code and elsewhere in the NMSA 1978 to Section 66-1-4 NMSA 1978 shall be construed to include Sections 66-1-4.1 through 66-1-4.20 NMSA 1978.
C. All references in the NMSA 1978 to the "department of motor vehicles" or "department" shall, whenever appropriate, mean the [taxation and revenue] department of transportation.
D. All references in the NMSA 1978 to the "commissioner of motor vehicles" or "commissioner" shall, whenever appropriate, mean the secretary of transportation."
SECTION 29. Section 66-1-4.4 NMSA 1978 (being Laws 1990, Chapter 120, Section 5, as amended) is amended to read:
"66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "day" means calendar day, unless otherwise provided in the Motor Vehicle Code;
B. "dealer", except as specifically excluded, means any person who sells or solicits or advertises the sale of new or used motor vehicles, manufactured homes or trailers subject to registration in this state; "dealer" does not include:
(1) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;
(2) public officers while performing their duties as such officers;
(3) persons making casual sales of their own vehicles;
(4) finance companies, banks and other lending institutions making sales of repossessed vehicles; or
(5) licensed brokers under the Manufactured Housing Act who, for a fee, commission or other valuable consideration, engage in brokerage activities related to the sale, exchange or lease purchase of pre-owned manufactured homes on a site installed for a consumer;
C. "declared gross weight" means the maximum gross vehicle weight or gross combination 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;
D. "department" means the [taxation and revenue] department of transportation, the secretary of [taxation and revenue] transportation or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
E. "designated accessible parking space for persons with significant mobility limitation" means any space, including an access aisle, that is marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard with the international symbol of access issued in accordance with Section 66-3-16 NMSA 1978 and that is designated by a conspicuously posted sign bearing the international symbol of access and, if the parking space is paved, by a clearly visible depiction of this symbol painted in blue on the pavement of the space;
F. "director" means the secretary;
G. "disqualification" means a prohibition against driving a commercial motor vehicle;
H. "distinguishing number" means the number assigned by the department to a vehicle whose identifying number has been destroyed or obliterated or the number assigned by the department to a vehicle that has never had an identifying number;
I. "distributor" means a person who distributes or sells new or used motor vehicles to dealers and who is not a manufacturer;
J. "division", without further specification, "division of motor vehicles" or "motor vehicle division" means the department;
K. "driver" means every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a highway, who is exercising control over or steering a vehicle being towed by a motor vehicle or who operates or is in actual physical control of an off-highway motor vehicle;
L. "driver's license" means a license or a class of license issued by a state or other jurisdiction pertaining to the authorizing of persons to operate motor vehicles and that meets federal requirements to be accepted by federal agencies for official federal purposes;
M. "driveaway-towaway operation" means an operation in which any motor vehicle, new or used, is the item being transported when one set or more of wheels of any such motor vehicle is on the roadway during the course of transportation, whether or not the motor vehicle furnishes the motive power; and
N. "driving authorization card" means a card issued or recognized under the laws of New Mexico pertaining to the authorizing of persons to operate motor vehicles and not intended to be accepted by federal agencies for official federal purposes."
SECTION 30. Section 66-1-4.16 NMSA 1978 (being Laws 1990, Chapter 120, Section 17, as amended) is amended to read:
"66-1-4.16. DEFINITIONS.--As used in the Motor Vehicle Code:
A. "safety glazing materials" means glazing materials constructed, treated or combined with other materials to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they are cracked and broken;
B. "safety zone" means the area or space that is officially set apart within a highway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
C. "salvage vehicle" means a vehicle:
(1) other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed or damaged excluding, pursuant to rules issued by the department, hail damage, to the extent that the owner, leasing company, financial institution or the insurance company that insured or is responsible for repair of the vehicle considers it uneconomical to repair the vehicle and that is subsequently not repaired by or for the person who owned the vehicle at the time of the event resulting in damage; or
(2) that was determined to be uneconomical to repair and for which a total loss payment is made by an insurer, whether or not the vehicle is subsequently repaired, if, prior to or upon making payment to the claimant, the insurer obtained the agreement of the claimant to the amount of the total loss settlement and informed the claimant that, pursuant to rules of the department, the title must be branded and submitted to the department for issuance of a salvage certificate of title for the vehicle;
D. "school bus" means a commercial motor vehicle used to transport preprimary, primary or secondary school students from home to school, from school to home or to and from school-sponsored events, but not including a vehicle:
(1) operated by a common carrier, subject to and meeting all requirements of the public regulation commission but not used exclusively for the transportation of students;
(2) operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the public regulation commission but is not used exclusively for the transportation of students; or
(3) operated as a per capita feeder as [defined] provided in Section 22-16-6 NMSA 1978;
E. "seal" means the official seal of the [taxation and revenue] department as designated by the secretary;
F. "secretary" means the secretary of [taxation and revenue] transportation, and, except for the purposes of Sections 66-2-3 and 66-2-12 NMSA 1978, also includes the deputy secretary and any division director delegated by the secretary;
G. "semitrailer" means a vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some significant part of its weight and that of its load rests upon or is carried by another vehicle;
H. "sidewalk" means a portion of street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians;
I. "slow-moving vehicle" means a vehicle that is ordinarily moved, operated or driven at a speed less than twenty-five miles per hour;
J. "solid tire" means every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load;
K. "special mobile equipment" means a vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including [but not limited to] farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers;
L. "specially constructed vehicle" means a vehicle of a type required to be registered under the Motor Vehicle Code not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
M. "state" means a state, territory or possession of the United States, the District of Columbia or any state of the Republic of Mexico or the Federal District of Mexico or a province of the Dominion of Canada;
N. "state highway" means a public highway that has been designated as a state highway by the legislature, the state transportation commission or the secretary of transportation;
O. "stop", when required, means complete cessation from movement;
P. "stop, stopping or standing", when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;
Q. "street" or "highway" means a 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;
R. "subsequent offender" means a person who was previously a first offender and who again, under state law, federal law or a municipal ordinance or a tribal law, has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any drug that rendered the person incapable of safely driving a motor vehicle, regardless of whether the person's sentence was suspended or deferred; and
S. "suspension" means that a person's driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn."
SECTION 31. Section 66-3-1001.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 1, as amended) is amended to read:
"66-3-1001.1. DEFINITIONS.--As used in the Off-Highway Motor Vehicle Act:
A. "board" means the off-highway motor vehicle advisory board;
B. "department" means the department of game and fish;
C. "division" means the motor vehicle division of the [taxation and revenue] department of transportation;
D. "fund" means the trail safety fund;
E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:
(1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;
(2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;
(3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;
(4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:
(a) a steering wheel for steering control;
(b) non-straddle seating;
(c) maximum speed capability greater than thirty-five miles per hour;
(d) gross vehicle weight rating no greater than one thousand seven hundred fifty pounds;
(e) less than eighty inches in overall width, exclusive of accessories;
(f) engine displacement of less than one thousand cubic centimeters; and
(g) identification by means of a seventeen-character vehicle identification number; or
(5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;
F. "staging area" means a parking lot, trailhead or other location to or from which an off-highway motor vehicle is transported so that it may be placed into operation or removed from operation; and
G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public."
SECTION 32. Section 66-5-15.2 NMSA 1978 (being Laws 2016, Chapter 79, Section 15) is amended to read:
"66-5-15.2. PHOTOGRAPH--FINGERPRINTS.--
A. The [taxation and revenue] department of transportation shall take a full-face or front-view photograph and the fingerprints of an applicant for a driving authorization card or an identification card not intended to be accepted by federal agencies for official federal purposes who does not provide proof of lawful status and who does not possess a valid New Mexico license or identification card. The [taxation and revenue] department is authorized to submit fingerprint data to the department of public safety and obtain the criminal history record of an applicant from the department of public safety. The department of public safety is authorized to submit the fingerprint data to the federal bureau of investigation to conduct a background check of the applicant's criminal history pursuant to the federal bureau of investigation appropriation in Title 42 of Public Law 92-544.
B. An applicant is ineligible for a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes and shall not be issued a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes if information provided pursuant to Subsection A of this section reveals that the:
(1) applicant has an outstanding valid criminal arrest warrant; or
(2) applicant's fingerprints are associated with any name, date of birth or social security number other than those provided by the applicant in the application for a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes.
C. An applicant ineligible for a driving authorization card or identification card not intended to be accepted by federal agencies for official federal purposes pursuant to Subsection B of this section shall become eligible upon submission of satisfactory evidence that the basis for ineligibility has been resolved."
SECTION 33. Section 66-6-15 NMSA 1978 (being Laws 1978, Chapter 35, Section 350, as amended) is amended to read:
"66-6-15. VEHICLES OF THE STATE, COUNTY OR MUNICIPALITY.--
A. Vehicles or trailers owned by and used in the service of an Indian nation, tribe or pueblo located wholly or partly in this state or of any county or municipality of this state need not be registered but must continually display plates furnished by the motor vehicle division of the department of transportation.
B. Vehicles on loan from dealers and used in an approved driver-training program by the public schools need not be registered but must continually display plates furnished by the division.
C. Each Indian nation, tribe or pueblo, each county and each municipality shall apply to the division for a plate for each vehicle or trailer in its service and shall provide identifying information concerning each vehicle or trailer for which a plate is applied.
D. The division shall issue plates for vehicles and trailers in the service of an Indian nation, tribe or pueblo located wholly or partly in this state or of any county or municipality of this state and keep a record of plates issued and plates returned. The plates shall be permanent and need not be renewed from year to year. The plates shall be numbered to identify the Indian nation, tribe or pueblo or the county or the municipality to which the plates are issued. The plates shall be the same size as registration plates issued to private vehicles but shall be different in color from the registration plates issued to private vehicles.
E. A vehicle or trailer owned by and used in the service of the state need not be registered with the division but must continually display a plate furnished by the transportation services division of the general services department. A state agency shall apply to the transportation services division of the general services department for a plate for each vehicle or trailer in its service, including identifying information for each vehicle or trailer. The transportation services division of the general services department shall issue plates for state agency vehicles and trailers and shall keep a record of plates issued and plates returned. These plates shall be:
(1) permanent and shall not be renewed from year to year;
(2) numbered to identify the state agency to which they are issued; and
(3) the same size as but a different color from registration plates issued to private vehicles or trailers or from plates issued pursuant to Subsection D of this section.
F. The division may issue to an Indian nation, tribe or pueblo located wholly or partly in this state or any county or municipality of this state or an entity not subject to registration pursuant to Section 66-6-14 NMSA 1978:
(1) an undercover license plate when it is determined by the division that the issuance of such a license plate is necessary to protect legitimate undercover law enforcement activities; or
(2) a protective license plate when it is determined by the division that the issuance of such a license plate is necessary to protect the health, safety or welfare of an employee using a vehicle owned by the Indian nation, tribe or pueblo or the county, municipality or entity for sensitive activities.
G. The standards for the issuance of a protective license plate pursuant to Paragraph (2) of Subsection F of this section shall be determined by rule jointly promulgated by the transportation services division of the general services department and the motor vehicle division of the [taxation and revenue] department of transportation.
H. As used in this section:
(1) "protective license plate" means a regular passenger license plate issued to an Indian nation, tribe or pueblo located wholly or partly in this state or a government entity that can be traced to that Indian nation, tribe or pueblo or government entity for a vehicle that is being used for sensitive activities;
(2) "sensitive activity" means an activity performed by an employee of an Indian nation, tribe or pueblo located wholly or partly in this state, of any county or municipality of this state or of an entity not subject to registration pursuant to Section 66-6-14 NMSA 1978, which activity:
(a) is authorized by the employee's employer to be performed for a legitimate and appropriate purpose for the employer, other than a legitimate undercover law enforcement purpose; and
(b) would place the employee at a higher risk of personal injury if knowledge of the activity were made public, as determined in writing by an appropriate supervising authority of the employee;
(3) "state agency" means a state department, agency, board or commission, including the legislative and judicial branches of government, but not including public schools and institutions of higher education; and
(4) "undercover license plate" means a regular passenger license plate issued to an Indian nation, tribe or pueblo located wholly or partly in this state or a government entity that is registered in a fictitious name and address that cannot be traced to that Indian nation, tribe or pueblo or the county, municipality or entity for a vehicle that is being used for legitimate law enforcement purposes only."
SECTION 34. Section 66-6-23.1 NMSA 1978 (being Laws 1999, Chapter 49, Section 8, as amended) is amended to read:
"66-6-23.1. FORMULAIC DISTRIBUTION.--
A. The balance from Section 66-6-23 NMSA 1978 shall be transferred or distributed by the state treasurer on or before the last day of the month next after its receipt, as follows:
(1) seventy-four and sixty-five hundredths percent shall be distributed to the state road fund;
(2) seven and six-tenths percent shall be transferred to each county in the proportion, determined by the department of transportation in accordance with Subsection B of this section, that the registration fees for vehicles in that county are to the total registration fees for vehicles in all counties;
(3) seven and six-tenths percent shall be transferred to the counties, with each county receiving an amount equal to the proportion, determined by the secretary of transportation in accordance with Subsection D of this section, that the mileage of public roads maintained by the county is to the total mileage of public roads maintained by all counties of the state. Amounts distributed to each county in accordance with this paragraph shall be credited to the respective county road fund and be used for the improvement and maintenance of the public roads in the county and to pay for the acquisition of rights of way and material pits. For this purpose, the board of county commissioners of each of the respective counties shall certify by April 1 of each year to the secretary of transportation the total mileage as of April 1 of that year; provided that in their report, the boards of county commissioners shall identify each of the public roads maintained by them by name, route and location. By agreement and in cooperation with the department of transportation, the boards of county commissioners of the various counties may use or designate any of the funds provided in this paragraph for a federal aid program;
(4) four and six-hundredths percent shall be allocated among the counties in the proportion, determined by the department in accordance with Subsection B of this section, that the registration fees for vehicles in that county are to the total registration fees for vehicles in all counties. The amount allocated to each county shall be transferred to the incorporated municipalities within the county in the proportion, determined by the department of finance and administration in accordance with Subsection C of this section, that the sum of net taxable value, as that term is defined in the Property Tax Code, plus the assessed value, as that term is used in the Oil and Gas Ad Valorem Production Tax Act and in the Oil and Gas Production Equipment Ad Valorem Tax Act, determined for the incorporated municipality is to the sum of net taxable value plus assessed value determined for all incorporated municipalities within the county. Amounts transferred to incorporated municipalities pursuant to the provisions of this paragraph shall be used for the construction, maintenance and repair of streets within the municipality and for payment of paving assessments against property owned by federal, county or municipal governments. In a county in which there are no incorporated municipalities, the amount allocated pursuant to this paragraph shall be transferred to the county government road fund and used in accordance with the provisions of Paragraph (3) of this subsection; and
(5) six and nine-hundredths percent shall be allocated among the counties in the proportion, determined by the department of finance and administration in accordance with Subsection C of this section, that the registration fees for vehicles in that county are to the total registration fees for vehicles in all counties. The amount allocated to each county shall be transferred to the county and incorporated municipalities within the county in the proportion, determined by the department of finance and administration in accordance with Subsection B of this section, that the computed taxes due for the county and each incorporated municipality within the county bear to the total computed taxes due for the county and incorporated municipalities within the county. For the purposes of this paragraph, the term "computed taxes due" for a jurisdiction means the sum of the net taxable value, as that term is defined in the Property Tax Code, plus the assessed value, as that term is used in the Oil and Gas Ad Valorem Production Tax Act and in the Oil and Gas Production Equipment Ad Valorem Tax Act, for that jurisdiction multiplied by an average of the rates for residential and nonresidential property imposed for that jurisdiction pursuant to Subsection B of Section 7-37-7 NMSA 1978.
B. To carry out the provisions of this section, during the month of June of each year:
(1) the department shall determine and certify to the department of finance and administration the proportions that the department is required to determine pursuant to Subsection A of this section using information for the preceding calendar year on the number of vehicles registered in each county based on the address of the owner or place where the vehicle is principally located, the registration fees for the vehicles registered in each county, the total number of vehicles registered in the state and the total registration fees for all vehicles registered in the state; and
(2) the department of finance and administration shall determine the proportions that [the department of finance and administration] it is required to determine pursuant to this subsection based upon the net taxable value, as that term is defined in the Property Tax Code, and the assessed value, as that term is used in the Oil and Gas Ad Valorem Production Tax Act and the Oil and Gas Production Equipment Ad Valorem Tax Act, for the preceding tax year and the tax rates imposed pursuant to Subsection B of Section 7-37-7 NMSA 1978 in the preceding September.
C. By June 30 of each year, the department of finance and administration shall determine the appropriate percentage of money to be transferred to each county and municipality for each purpose in accordance with Subsection A of this section based upon the proportions determined by or certified to the department of finance and administration. The percentages determined shall be used to compute the amounts to be transferred to the counties and municipalities during the succeeding fiscal year.
D. The board of county commissioners of each of the respective counties shall, by April 1 of every year, certify reports to the secretary [of transportation] of the total mileage of public roads maintained by each county as of April 1 of every year; provided that in their reports, the boards of county commissioners shall identify each of the public roads maintained by them by name, route and location. By July 1 of every year, the secretary [of transportation] shall verify the reports of the counties and revise, if necessary, the total mileage of public roads maintained by each county. The mileage verified by the secretary [of transportation] shall be the official mileage of public roads maintained by each county. Distribution of amounts to a county for road purposes shall be made in accordance with this section.
E. If a county has not made the required mileage certification pursuant to Section 67-3-28.3 NMSA 1978 by April 1 of any year, the secretary [of transportation] shall estimate the mileage maintained by those counties for the purpose of making distribution to all counties, and the amount calculated to be distributed each month to those counties not certifying mileage shall be reduced by one-third each month for that fiscal year, and that amount not distributed to those counties shall be distributed equally to all counties that have certified mileages."
SECTION 35. Section 66-8-102.3 NMSA 1978 (being Laws 2002, Chapter 82, Section 2, as amended) is amended to read:
"66-8-102.3. IMPOSING A FEE--INTERLOCK DEVICE FUND CREATED.--
A. A fee is imposed on a person convicted of driving under the influence of intoxicating liquor or drugs in violation of Section 66-8-102 NMSA 1978 or adjudicated as a delinquent on the basis of Subparagraph (a) of Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or a person whose driver's license is revoked pursuant to the provisions of the Implied Consent Act, in an amount determined by rule of the traffic safety bureau of the department of transportation not to exceed one hundred dollars ($100) but not less than fifty dollars ($50.00) for each year the person is required to operate only vehicles equipped with an ignition interlock device in order to ensure the solvency of the interlock device fund. The fee shall not be imposed on an indigent person.
B. The "interlock device fund" is created in the state treasury. The fee imposed pursuant to Subsection A of this section shall be collected by the [motor vehicle division of the taxation and revenue] department and deposited in the interlock device fund.
C. All money in the interlock device fund is appropriated to the [traffic safety] bureau [of the department of transportation] to cover part of the costs of installing, removing and leasing ignition interlock devices for indigent people who are required, pursuant to convictions under Section 66-8-102 NMSA 1978 or adjudications on the basis of Subparagraph (a) of Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or driver's license revocations pursuant to the provisions of the Implied Consent Act or as a condition of parole, to install those devices in their vehicles. [Provided that] If money is available in the interlock device fund, the [traffic safety] bureau shall pay, for one vehicle per offender, up to fifty dollars ($50.00) for the cost of installation, up to fifty dollars ($50.00) for the cost of removal and up to thirty dollars ($30.00) monthly for verified active usage of the interlock device. The [traffic safety] bureau shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an interlock device.
D. Indigency shall be determined by the [traffic safety] bureau based on proof of enrollment in one or more of the following types of public assistance:
(1) temporary assistance for needy families;
(2) general assistance;
(3) the supplemental [nutritional] nutrition assistance program, also known as "food stamps";
(4) supplemental security income;
(5) the federal food distribution program on Indian reservations; or
(6) other criteria approved by the [traffic safety] bureau.
E. Any balance remaining in the interlock device fund shall not revert to the general fund at the end of any fiscal year.
F. The interlock device fund shall be administered by the [traffic safety] bureau [of the department of transportation]. No more than ten percent of the money in the interlock device fund in any fiscal year shall be expended by the [traffic safety] bureau [of the department of transportation] for the purpose of administering the fund."
SECTION 36. Section 66-8-102.4 NMSA 1978 (being Laws 2005, Chapter 269, Section 8) is amended to read:
"66-8-102.4. UNIFORM POLICE REPORTS AND PROCEDURES FOR DWI ARRESTS.--
A. The department of public safety, in collaboration with the [motor vehicle division of the taxation and revenue] department and the [traffic safety] bureau [of the department of transportation], shall develop and periodically review and update standard arrest reports and procedures to be used by law enforcement officers when making an arrest for a violation of the provisions of Section 66-8-102 NMSA 1978 or similar municipal or county ordinances.
B. A law enforcement officer making an arrest for a violation of the provisions of Section 66-8-102 NMSA 1978 or of similar municipal or county ordinances shall use the standard arrest reports and procedures developed and approved by the department of public safety in accordance with the provisions of Subsection A of this section."
SECTION 37. Section 66-8-137.4 NMSA 1978 (being Laws 1981, Chapter 360, Section 17, as amended) is amended to read:
"66-8-137.4. BILATERAL AGREEMENTS--NONCOMPACT JURISDICTIONS--AUTHORITY.--
A. In addition to the Nonresident Violator Compact, it is the intent of the legislature that bilateral agreements be made with noncompact states; in particular, with those neighboring states [which] that provide much of the traffic on New Mexico's highways and have not yet joined with the compact states. The purpose of such bilateral agreement is to accomplish the same reciprocal services and procedures that are provided in the Nonresident Violator Compact. If, in the judgment of the secretary of [taxation and revenue of New Mexico] transportation, a bilateral agreement is in the best interest of the citizens of New Mexico, is fair and equitable and provides comparable benefits, privileges and exemptions to each state, the secretary is authorized to pledge New Mexico to the bilateral agreement and is signatory for this state.
B. It is the intent of the legislature that bilateral agreements be made with Indian tribes and pueblos. The purpose of such bilateral agreements is to provide for the administrative adjudication of motor vehicle offenses committed by Indians on Indian land."
SECTION 38. Section 66-12-6 NMSA 1978 (being Laws 1965, Chapter 48, Section 1, as amended) is amended to read:
"66-12-6. DEALER AND MANUFACTURER NUMBERS--FEE--CERTIFICATES OF ORIGIN--RECORDS.--
A. A dealer or manufacturer that demonstrates motorboats on the public waters of this state shall file an application for a dealer or manufacturer number. The number shall be in lieu of a certificate of number for each motorboat intended or offered for sale.
B. Application for a dealer or manufacturer number shall be in the form prescribed by the division. The application shall state that the applicant is a motorboat dealer or manufacturer and that the applicant will operate a motorboat upon the waters of this state only for test or demonstration purposes. The statement shall be verified before a state officer who is authorized to administer an oath. The fee for a dealer or manufacturer number is ten dollars ($10.00) annually as prescribed by the division.
C. The division shall issue a certificate of a dealer or manufacturer number to an applicant who submits a complete application and full payment of the dealer or manufacturer number fee to the division. The certificate shall be issued after the applicant obtains a dealer license from the motor vehicle division of the [taxation and revenue] department of transportation and shall contain the following:
(1) a dealer or manufacturer number that contains two state identification letters, followed by four numbers and two additional letters that are unique to dealers or manufacturers;
(2) the expiration date of the certificate;
(3) the name and business address of the applicant;
(4) the address of the principal place of business of the applicant; and
(5) a conspicuous statement that the division has certified the applicant as a dealer or manufacturer.
D. The dealer or manufacturer number shall be painted on or attached to plates that are firmly attached to each side of the front of a motorboat of the dealer or manufacturer while it is afloat upon the waters of this state.
E. A dealer or manufacturer who operates more than one motorboat for test or demonstration purposes on the waters of this state at the same time shall obtain and display a separate dealer or manufacturer number for each motorboat tested or demonstrated.
F. A manufacturer or dealer shall not transfer ownership of a new boat without supplying the transferee with the manufacturer's certificate of origin signed by the manufacturer's authorized agent. The certificate shall contain information the division requires.
G. Every dealer shall maintain for three years a record of any boat [he] the dealer bought, sold, exchanged or received for sale or exchange. This record shall be open to inspection by division representatives during reasonable business hours."
SECTION 39. Section 66-12-6.6 NMSA 1978 (being Laws 2003, Chapter 410, Section 5) is amended to read:
"66-12-6.6. DEALER LICENSE.--
A. A person shall not engage in business as a dealer or manufacturer without obtaining a valid dealer license from the motor vehicle division of the [taxation and revenue] department of transportation, unless the person has a valid motor vehicle dealer license. A dealer or manufacturer shall annually file an application with the motor vehicle division for a dealer license for each established place of business of the dealer or manufacturer.
B. A person shall file an application for a dealer license with the motor vehicle division [of the taxation and revenue department] on a form prescribed by the motor vehicle division. The application shall contain the name, address and telephone number of the applicant, the signature of the applicant or the signatures of all of the officers of a corporate applicant, the address of the established place of business, the federal taxpayer identification number of the applicant and other information that the motor vehicle division may require. The application shall state that the applicant will engage in business as a dealer. The statement shall be verified before a state officer authorized to administer an oath. The fee for a dealer license shall be prescribed by the motor vehicle division but shall not exceed fifty dollars ($50.00) annually.
C. The motor vehicle division [of the taxation and revenue department] shall issue a dealer license to an applicant who submits a complete application and full payment of the dealer license fee to the motor vehicle division. The license shall contain the following:
(1) the license number;
(2) the expiration date of the license;
(3) the name and business address of the licensee;
(4) the address of the location for which the license was issued; and
(5) a statement requiring that the license be conspicuously displayed at the location for which the license was issued.
D. A dealer license shall specify the location of each place of business in which the licensee engages in business as a dealer. The dealer shall notify the motor vehicle division [of the taxation and revenue department] of a change of ownership, location or name of the place of business within ten days of the change.
E. A dealer license shall authorize the licensed activity at only one business establishment. A dealer shall obtain a supplemental license from the motor vehicle division [of the taxation and revenue department] for each additional establishment owned or operated by the dealer. The application for a supplemental license shall be in a form prescribed by the motor vehicle division. The motor vehicle division shall issue a supplemental license to an applicant who possesses a valid dealer license, submits a complete application and meets all other requirements of the motor vehicle division.
F. A dealer license or supplemental license shall be conspicuously displayed at the location of the established place of business for which it was issued."
SECTION 40. Section 66-12-6.7 NMSA 1978 (being Laws 2003, Chapter 410, Section 6) is amended to read:
"66-12-6.7. DEALER LICENSE DENIAL, SUSPENSION AND REVOCATION.--The motor vehicle division of the [taxation and revenue] department of transportation may deny, suspend or revoke a dealer license for:
A. a material misrepresentation communicated by a dealer to the motor vehicle division;
B. a lack of fitness as proscribed by rule of the motor vehicle division; or
C. a willful violation of a federal or state law relating to the sale, distribution, financing, registration, taxing or insuring of motorboats."
SECTION 41. Section 66-12-6.8 NMSA 1978 (being Laws 2003, Chapter 410, Section 7) is amended to read:
"66-12-6.8. DEALER BONDS--REQUIRED INSURANCE.--A person licensed as a dealer pursuant to the Boat Act shall file with the state parks division a bond in the amount of fifty thousand dollars ($50,000) unless there is a bond on file with the motor vehicle division of the [taxation and revenue] department of transportation for a motor vehicle dealer's license and such proof is submitted to the state parks division. The bond shall be issued by a corporate surety licensed to conduct business within the state. The bond shall be issued under the condition that the applicant shall not practice fraud or violate any provision of the Boat Act. A person who has obtained a dealer license shall furnish evidence that the person has liability insurance for the established place of business for which the license was obtained."
SECTION 42. Section 67-3-6 NMSA 1978 (being Laws 1967, Chapter 266, Section 5, as amended) is amended to read:
"67-3-6. CREATION OF DEPARTMENT OF TRANSPORTATION.--A department of government within the executive branch to be known as the "department of transportation" is established. Except for the powers expressly granted to the state transportation commissioners in Chapter 67, Article 3 NMSA 1978, the department shall exercise all the power, authority and duty granted to the state transportation commission in Chapter 67 NMSA 1978. All references contained in the NMSA 1978, as amended, and which refer to the "state transportation commission" or "commissioners" shall, wherever appropriate, be construed to refer to or to mean the department as designated in this section. The motor vehicle division shall be part of the department beginning July 1, 2017."
SECTION 43. Section 67-3-24 NMSA 1978 (being Laws 1917, Chapter 38, Section 5, as amended) is amended to read:
"67-3-24. EMPLOYEES--APPOINTMENT--COMPENSATION.--The secretary, with the consent and approval of the state transportation commission, may appoint and fix the compensation of assistant engineers and clerks and employ such other help as may be necessary to the proper conduct of the work of the commission under the provisions of Chapter 67 NMSA 1978 and the work of the department under the provisions of Chapter 66 NMSA 1978. All appointees on entering upon their duties shall first take the prescribed oath of office if so required by the commission."
SECTION 44. Section 67-3-66 NMSA 1978 (being Laws 1975, Chapter 339, Section 9) is amended to read:
"67-3-66. MOTOR VEHICLE [DEPARTMENT] DIVISION FEES IMPOSED BY [REGULATION] RULE--REVENUE DISPOSITION.--All revenues from all fees imposed by the motor vehicle [department] division of the department solely by [regulation] rule, without statutory authority, shall be paid to the state treasurer for credit to the state road fund."
SECTION 45. Section 67-16-10 NMSA 1978 (being Laws 1985, Chapter 23, Section 10, as amended) is amended to read:
"67-16-10. LITTER BAG.--The council shall design and produce a litter bag bearing the state anti-litter symbol, Dusty Roadrunner, and a statement of the penalties prescribed for littering. Litter bags shall be distributed by the motor vehicle division of the [taxation and revenue] department and the department of game and fish at no charge at the time and place of the issuance of licenses or renewal thereof. The state may provide litter bags at no charge to tourists and visitors at points of entry into the state. The council may establish a distribution system with the aid of private industry."
SECTION 46. TEMPORARY PROVISION--TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--On the effective date of this act:
A. all functions, personnel, appropriations, money, records, equipment, furniture and other property of the motor vehicle division of the taxation and revenue department shall be transferred to the department of transportation;
B. all contractual obligations of the motor vehicle division or of the taxation and revenue department having to do with duties assigned by the secretary of taxation and revenue to the division or carried out by the division shall be deemed to be binding on the department of transportation;
C. all references in law to the motor vehicle division of the taxation and revenue department or the director of that division shall be deemed to be references to the motor vehicle division of the department of transportation or the director of that division; and
D. all rules of the taxation and revenue department or the motor vehicle division pertaining to the powers or duties of that division shall continue in effect until amended or repealed by the department of transportation.
SECTION 47. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
- 97 -