44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO STATE GOVERNMENT ORGANIZATION; CREATING THE NEW MEXICO STATE POLICE AND THE NEW MEXICO LAW ENFORCEMENT ACADEMY AS SEPARATE AGENCIES OF THE EXECUTIVE BRANCH; CREATING THE NEW MEXICO STATE POLICE BOARD; PRESCRIBING POWERS AND DUTIES; TRANSFERRING PROPERTY, CONTRACTS AND STATUTORY REFERENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 6-4-8 NMSA 1978 (being Laws 1993, Chapter 65, Section 20) is amended to read:

"6-4-8. DWI PROGRAM FUND CREATED--APPROPRIATION.--

A. The "DWI program fund" is created in the state treasury and shall be administered by the department of finance and administration. Money in the fund is subject to appropriation by the legislature to the agencies and for the purposes specified and in accordance with the limitations and requirements in this section. Balances in the fund at the end of any year shall not revert to the general fund.

B. Money in the DWI program fund may be appropriated to any of the following agencies for the following purposes:

(1) to the department of health to contract for community DWI programs and services and for alcoholism and alcohol abuse prevention, screening and treatment programs and services pursuant to the Alcoholism and Alcohol Abuse Prevention, Screening and Treatment Act;

(2) to the children, youth and families department to provide public school health education and counseling programs that emphasize alcohol abuse prevention;

(3) to the traffic safety bureau of the state highway and transportation department for DWI education, awareness and information programs;

(4) to the [department of public safety] New Mexico state police to provide additional special investigators for enforcement of the Liquor Control Act;

(5) to the alcohol and gaming division of the regulation and licensing department for enforcement of the provisions of the Liquor Control Act and administration of the Alcohol Server Education [Act if enacted into law by the first session of the forty-first legislature] Article of the Liquor Control Act;

(6) to the public defender department for costs related to workload increases due to increases in DWI caseloads;

(7) to the district attorneys for costs related to workload increases due to increases in DWI caseloads;

(8) to the magistrate courts division of the administrative office of the courts for magistrate court costs related to workload increases due to increases in DWI caseloads, including costs of probation services;

(9) to the Bernalillo county metropolitan court for costs related to workload increases due to increases in DWI caseloads;

(10) to the district courts for costs related to workload increases due to increases in DWI caseloads;

(11) to the taxation and revenue department for DWI costs; and

(12) to the school of medicine at the university of New Mexico for prevention, research and intervention in the field of fetal alcohol syndrome.

C. Prior to the second session of the forty-first legislature, agencies eligible for funds under this section shall determine their needs for such purposes and develop recommendations with supporting data to justify the need for increased funding to expand existing programs and services or to implement new programs and services. The agencies shall develop these recommendations as part of the budget process as specified in Sections 6-3-18 through 6-3-22 NMSA 1978."

Section 2. Section 6-24-11 NMSA 1978 (being Laws 1995, Chapter 155, Section 11) is amended to read:

"6-24-11. EMPLOYEES--CONFLICT OF INTEREST--INVESTIGATIONS--BONDS.--

A. No employee of the authority shall participate in any decision involving a lottery retailer with whom the employee has a financial interest.

B. No employee of the authority who leaves the employment of the authority may represent any lottery vendor or lottery retailer before the authority for a period of two years following termination of employment with the authority.

C. A background investigation shall be conducted on each applicant who has reached the final selection process prior to employment by the authority. The authority is authorized to pay for the actual cost of such investigations and may contract with the [department of public safety] New Mexico state police for the performance of the investigations.

D. The authority shall bond authority employees with access to authority funds or lottery revenue in an amount determined by the board and may bond other employees as deemed necessary."

Section 3. Section 6-24-12 NMSA 1978 (being Laws 1995, Chapter 155, Section 12, as amended) is amended to read:

"6-24-12. EXECUTIVE VICE PRESIDENT FOR SECURITY-- QUALIFICATIONS--DUTIES.--

A. The chief executive officer shall hire an executive vice president for security, who shall be qualified by training and experience, including at least five years of law enforcement experience, and be knowledgeable and experienced in computer security. The executive vice president for security shall take direction as needed from the chief executive officer and shall be accountable to the board.

B. The executive vice president for security shall:

(1) be the chief administrative officer of the security division of the authority, which is designated as a law enforcement agency for the purposes of administering the security provisions of the New Mexico Lottery Act;

(2) be responsible for [assuring] ensuring the security, honesty, fairness and integrity of the operation and administration of the lottery and to that end shall institute all necessary security measures, including an examination of the background of all prospective employees, lottery retailers, lottery vendors and lottery contractors;

(3) in conjunction with the chief executive officer, confer with the attorney general or his designee to promote and ensure the security, honesty, fairness and integrity of the operation and administration of the lottery; and

(4) in conjunction with the chief executive officer, report any alleged violation of law to the attorney general or any other appropriate law enforcement authority for further investigation and action.

C. The executive vice president for security and the employees of the division assigned by him as security agents shall be commissioned by the board as peace officers with full powers of arrest in the performance of their duties. These peace officers shall seek and must obtain certification pursuant to the provisions of the Law Enforcement Training Act.

D. The [department of public safety] New Mexico state police in conjunction with the authority shall develop policy and procedures to require background checks. The policy and procedures shall require the fingerprinting of all board members and prospective employees. Fingerprint cards will be submitted to the [department of public safety records bureau] New Mexico state police for processing through the federal bureau of investigation. The [department of public safety will] New Mexico state police shall not disseminate the criminal history information to the authority.

E. An applicant for consideration shall be fingerprinted and shall provide two fingerprint cards to the [department of public safety] New Mexico state police. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with Section 6-24-18 NMSA 1978. Other information contained in the federal bureau of investigation record supported by independent evidence can form the basis for the denial, suspension or revocation for good and just cause. Such records and any related information shall be privileged and shall not be disclosed to [individuals] persons not directly involved in the decisions affecting the specific applicants or employees. The authority shall pay for the cost of obtaining the federal bureau of investigation record. The [department of public safety] New Mexico state police shall implement the provisions of this section [on or before July 1, 1999]."

Section 4. Section 7-15-2.1 NMSA 1978 (being Laws 1988, Chapter 73, Section 23, as amended) is amended to read:

"7-15-2.1. DEFINITIONS.--As used in the Trip Tax Act:

A. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;

B. "commercial motor carrier vehicle" means [any] a motor vehicle with a gross weight of twelve thousand pounds or more used or reserved for use in the transportation of persons, property or merchandise for hire, compensation or profit or in the furtherance of a commercial enterprise or any vehicle used or maintained primarily for the transportation of property or merchandise or for drawing other vehicles so used or maintained;

C. "department" or "state police" means the [department of public safety, the secretary of public safety] New Mexico state police, the chief of the New Mexico state police and any employee of [that department] the New Mexico state police exercising authority lawfully delegated to that employee by the [secretary] chief;

D. "gross vehicle weight" means the weight of a vehicle without load, plus the weight of any load thereon;

E. "motor vehicle" means every vehicle [which] that is self-propelled and every vehicle [which] that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails;

F. "registrant" means the person who has registered the vehicle pursuant to the laws of this state or another state;

G. "trip tax" means the use fee imposed under the Trip Tax Act; and

H. "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved by human power or used exclusively upon stationary rails or tracks."

Section 5. Section 10-9-4 NMSA 1978 (being Laws 1961, Chapter 240, Section 4, as amended) is amended to read:

"10-9-4. COVERAGE OF SERVICE.--The Personnel Act and the service cover all state positions except:

A. officials elected by popular vote or appointed to fill vacancies to elective offices;

B. members of boards and commissions and heads of agencies appointed by the governor;

C. heads of agencies appointed by boards or commissions;

D. directors of department divisions;

E. those in educational institutions and in public schools;

F. those employed by state institutions and by state agencies providing educational programs and who are required to hold valid certificates as certified school instructors as defined in Section 22-1-2 NMSA 1978 issued by the state board of education;

G. those in the governor's office;

H. those in the state militia or the commissioned officers of the New Mexico state police [division of the department of public safety];

I. those in the judicial branch of government;

J. those in the legislative branch of government;

K. not more than two assistants and one secretary in the office of each official listed in Subsections A, B and C of this section, excluding members of boards and commissions in Subsection B of this section;

L. those of a professional or scientific nature [which] that are temporary in nature;

M. those filled by patients or inmates in charitable, penal or correctional institutions;

N. state employees if the personnel board in its discretion decides that the position is one of policymaking; and

O. disadvantaged youth under twenty-two years of age regularly enrolled or to be enrolled in a secondary educational institution approved by the state board of education or in an accredited state institution of advanced learning or vocational training and who are to be employed for not more than seven hundred twenty hours during any calendar year:

(1) the term "disadvantaged youth" shall be defined for purposes of this exemption by [regulation] rule duly promulgated by the board; and

(2) the board shall:

(a) require that all the criteria of this subsection have been met;

(b) establish employment lists for the certification of the highest-standing candidates to the prospective employers; and

(c) establish the pay rates for such employees."

Section 6. Section 10-9-5 NMSA 1978 (being Laws 1978, Chapter 96, Section 1, as amended) is amended to read:

"10-9-5. PUBLIC OFFICERS AND PUBLIC EMPLOYEES--EXECUTIVE BRANCH--ANNUAL EXEMPT SALARIES PLAN.--

A. The department of finance and administration shall prepare, by December 1 of each year, an exempt salaries plan for the governor's approval. The plan shall specify salary ranges for the following public officer and public employee positions of the executive branch of government:

(1) members of boards and commissions appointed by the governor;

(2) heads of agencies or departments appointed by the governor;

(3) heads of agencies or departments appointed by the respective boards and commissions of the agencies;

(4) directors of department divisions;

(5) employees in the governor's office;

(6) positions in the state militia and the commissioned officers of the New Mexico state police [division of the department of public safety];

(7) assistants and secretaries in the offices of each official covered by Paragraphs (2) and (3) [and (10)] of this subsection;

(8) positions of a professional or scientific nature [which] that are temporary in nature; and

(9) state employees whose positions the personnel board has classified as policymaking positions and exempt employees of elective public officials [and

(10) secretaries of departments appointed by the governor].

B. Excluded from the provisions of this section are employees of the commission on higher education and employees of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico.

C. The exempt salaries plan for the ensuing fiscal year, as prepared by the department of finance and administration and approved by the governor, shall be published as a part of the executive budget document presented to the legislature at its next regular session following the preparation of the plan.

D. Upon the governor's approval, the plan shall take effect at the beginning of the subsequent fiscal year."

Section 7. Section 12-10-2 NMSA 1978 (being Laws 1959, Chapter 190, Section 2, as amended) is amended to read:

"12-10-2. PURPOSE.--The purpose of the State Civil Emergency Preparedness Act is:

A. to create the emergency planning and coordination bureau of the [department of public safety] New Mexico state police and to authorize the creation of local offices of civil emergency preparedness in the political subdivisions of the state;

B. to confer upon the governor and upon the governing bodies of the state civil emergency preparedness powers;

C. to provide a civil emergency preparedness plan for the protection of life and property adequate to cope with disasters resulting from acts of war or sabotage or from natural or man-made causes other than acts of war;

D. to provide for coordination of all civil emergency preparedness functions of this state with the comparable functions of the federal government, other states and localities and of private agencies;

E. to initiate programs to render aid in the emergency restoration of facilities, utilities and other installations essential to the safety and general welfare of the public; and

F. to provide for assistance and care for persons displaced, left homeless or otherwise victims of disaster or war conditions."

Section 8. Section 12-10-3 NMSA 1978 (being Laws 1969, Chapter 33, Section 1, as amended) is amended to read:

"12-10-3. EMERGENCY PLANNING AND COORDINATION BUREAU.--

A. There is created the "emergency planning and coordination bureau" of the [department of public safety] New Mexico state police.

B. The director of the technical and emergency support division of the [department of public safety] New Mexico state police shall be responsible to the [secretary] chief of the New Mexico state police for carrying out the program for civil emergency preparedness authorized by law and shall serve as the governor's authorized representative at the discretion of the governor. The emergency planning and coordination bureau [chief] shall direct and coordinate the civil emergency preparedness activities of all state departments, agencies and political subdivisions and shall maintain liaison with and cooperate with civil emergency preparedness agencies and organizations of other states and of the federal government."

Section 9. Section 12-10-9 NMSA 1978 (being Laws 1959, Chapter 190, Section 9, as amended) is amended to read:

"12-10-9. EXISTING SERVICES AND FACILITIES TO BE [UTILIZED] USED BY AGENCY.--The governor, the director of the technical and emergency support division of the [department of public safety] New Mexico state police and the governing bodies of the political subdivisions of the state are directed to [utilize] use, in carrying out the provisions of the State Civil Emergency Preparedness Act, the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and of the political subdivisions [thereof] of the state to the maximum extent practicable, and the officers and personnel of all departments, offices and agencies thereof are directed to cooperate with and extend their services and facilities to the governor or to the director or to the local [coordiators] coordinators of civil emergency preparedness throughout the state upon request."

Section 10. Section 24-2C-4 NMSA 1978 (being Laws 1997, Chapter 256, Section 4) is amended to read:

"24-2C-4. PROGRAM CREATED--DEPARTMENT RESPONSIBILITIES.--

A. The department shall:

(1) establish and administer a [harm reduction] program for the purpose of sterile hypodermic syringe and needle exchange;

(2) compile data to assist in planning and evaluating efforts to combat the spread of blood-borne diseases; and

(3) make an annual report, including legislative recommendations, to the legislative health and human services committee by October 1 each year.

B. Within thirty days of [the effective date of the Harm Reduction Act] June 20, 1997, the department shall appoint an advisory committee to include representation from:

(1) the office of the attorney general;

(2) the New Mexico state police [division of the department of public safety];

(3) the human immunodeficiency virus sexually transmitted disease bureau of the department;

(4) the director of the epidemiology division of the department or his designee;

(5) a medical officer of the public health division of the department; and

(6) other persons or representatives as chosen by the secretary of health to ensure a thorough and unbiased evaluation of the program established under the Harm Reduction Act.

C. The advisory committee shall:

(1) develop policies and procedures for evaluation of the [harm reduction] program;

(2) develop criteria for data collection and program evaluation; and

(3) meet as necessary to analyze data and monitor and produce a report on the [harm reduction] program. D. The department may contract with private providers to operate the program."

Section 11. Section 24-15A-3 NMSA 1978 (being Laws 1978, Chapter 107, Section 3, as amended) is amended to read:

"24-15A-3. DEFINITIONS.--As used in the Search and Rescue Act:

A. "search and rescue" or "SAR" means the employment, coordination and [utilization] use of available resources and personnel in locating, relieving the distress and preserving the lives of and removing survivors from the site of a disaster, emergency or hazard to a place of safety in the case of lost, stranded, entrapped or injured persons;

B. "board" means the state search and rescue review board;

C. "AFRCC" means the air force rescue coordination center, which is the federal agency responsible for coordinating federal SAR activities within the inland region pursuant to the national search and rescue plan;

D. "state SAR control agency" means the [department of public safety] New Mexico state police;

E. "state SAR mission initiator" means the New Mexico state police officer so appointed and SAR trained;

F. "state SAR resource officer" means the official located within the [department of public safety] New Mexico state police responsible for coordinating SAR resources and administering the state SAR plan;

G. "field coordinator" means a person certified by the board with special training and expertise responsible for the efficient organization and conduction of a SAR mission;

H. "civil air patrol" means the civil air patrol division of the department of military affairs and an air force auxiliary responsible for coordinating air searches [which] that are authorized by the AFRCC;

I. "mission" means each separate group effort in the employment, direction and guidance of personnel and facilities in searching for and rendering aid to persons lost or in distress;

J. "chief" means the chief of the New Mexico state police [division of the department of public safety]; and

K. "director" means the director of the technical and emergency support division of the [department of public safety] New Mexico state police."

Section 12. Section 24-15A-4 NMSA 1978 (being Laws 1978, Chapter 107, Section 4, as amended) is amended to read:

"24-15A-4. STATE SEARCH AND RESCUE RESOURCE OFFICER--POSITION CREATED.--

A. The position of "state search and rescue resource officer" is created within the [department of public safety] New Mexico state police.

B. The state search and rescue resource officer shall be a noncommissioned employee.

C. The state search and rescue resource officer shall be the chief administrator of the state search and rescue plan."

Section 13. Section 24-15A-6 NMSA 1978 (being Laws 1978, Chapter 107, Section 6, as amended) is amended to read:

"24-15A-6. STATE SEARCH AND RESCUE REVIEW BOARD

CREATED--MEMBERSHIP--DUTIES AND RESPONSIBILITIES--TERMS.--

A. There is created a policy advisory committee, to be known as the "state search and rescue review board", whose duty it is to evaluate the operation of the New Mexico search and rescue plan; evaluate problems of specific missions; and make findings of fact and recommendations to the chief, director and other appropriate authorities. The board shall consist of the state search and rescue resource officer, who shall be a nonvoting member, and seven members appointed by the governor as follows:

(1) the [secretary of public safety] chief or his designee;

(2) the secretary of health or his designee;

(3) a representative of the civil air patrol division of the department of military affairs;

(4) a representative of the New Mexico emergency services council;

(5) a member certified as a search and rescue person;

(6) a member of the New Mexico sheriff's association; and

[(7) the chief of the New Mexico state police division of the department of public safety or his designee; and

(8)] (7) a member of the general public who shall act as chairman of the board and who shall vote only in case of a tie.

B. The board shall have the duty and responsibility to:

(1) meet at least quarterly or more frequently at the call of the chairman;

(2) evaluate the operation and effectiveness of the state SAR plan and make recommendations to the director;

(3) evaluate the operational effectiveness of specific missions and make findings of fact and recommendations to the chief and other appropriate authorities for the elimination of problems and the improvement of overall conduct of the mission;

(4) hold hearings and invite [individuals] persons to appear and testify before the board and reimburse such witnesses for travel expenses incurred;

(5) prepare a report for the attorney general's office in cases of victim hospitalization or death; and

(6) with the approval of the chief, certify field coordinators and confirm certification of SAR persons.

C. The governor shall appoint the seven appointed members for staggered terms of three years each made in such a manner that the terms of not more than three members expire on January 1 of 1979, 1980 and 1981. Thereafter, appointments shall be made so that the terms of not more than three members expire on January 1 of each year. Vacancies shall be filled by appointment by the governor for the unexpired term. Any appointed member of the board who misses more than two consecutive meetings shall automatically be removed as a member of the board."

Section 14. Section 29-1-11 NMSA 1978 (being Laws 1972, Chapter 8, Section 1, as amended) is amended to read:

"29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR COMMISSIONED PEACE OFFICERS.--

A. All persons who are duly commissioned officers of the police or sheriff's department of any New Mexico Indian tribe or pueblo or who are law enforcement officers employed by the bureau of Indian affairs and are assigned in New Mexico are, when commissioned under Subsection B of this section, recognized and authorized to act as New Mexico peace officers. These officers have all the powers of New Mexico peace officers to enforce state laws in New Mexico, including the power to make arrests for violation of state laws.

B. The chief of the New Mexico state police is granted authority to issue commissions as New Mexico peace officers to members of the police or sheriff's department of any New Mexico Indian tribe or pueblo or a law enforcement officer employed by the bureau of Indian affairs to implement the provisions of this section. The procedures to be followed in the issuance and revocation of commissions and the respective rights and responsibilities of the departments shall be set forth in a written agreement to be executed between the chief of the New Mexico state police and the tribe or pueblo or the appropriate federal official.

C. The agreement referred to in Subsection B of this section shall contain the following conditions:

(1) the tribe or pueblo, but not the bureau of Indian affairs, shall submit proof of adequate public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state;

(2) each applicant for a commission shall successfully complete four hundred hours of basic police training that is approved by the director of the New Mexico law enforcement academy;

(3) the chief of the New Mexico state police shall have the authority to suspend any commission granted pursuant to Subsection B of this section for reasons solely within his discretion;

(4) if any provision of the agreement is violated by the tribe or pueblo or any of its agents, the chief of the New Mexico state police shall suspend the agreement on five days' notice, which suspension shall last until the chief is satisfied that the violation has been corrected and will not recur;

(5) the goldenrod-colored officer's second copy of any citation issued pursuant to a commission authorized by this section shall be submitted within five days to the chief of the New Mexico state police;

(6) any citation issued pursuant to a commission authorized by this section shall be to a magistrate court of New Mexico; except that any citations issued to Indians within the exterior boundaries of an Indian reservation shall be cited into tribal court;

(7) the agreement or any commission issued pursuant to it shall not confer any authority on a tribal court or other tribal authority which that court or authority would not otherwise have;

(8) the authority conferred by any agreement entered into pursuant to the provisions of this section shall be coextensive with the exterior boundaries of the reservation; except that an officer commissioned under this section may proceed in hot pursuit of an offender beyond the exterior boundaries of the reservation, and the authority conferred in any written agreement between the chief of the New Mexico state police and the Navajo tribe may extend beyond the exterior boundaries of the Navajo reservation to and including the area enclosed by the following description:

Beginning at a point where the southern boundary line of the Navajo Indian reservation intersects the western right-of-way line of US 666, and running thence; southerly along the western right-of-way line of US 666 to the northerly city limits of Gallup; thence, easterly along the northerly city limits of Gallup to the northern side of the right-of-way of I-40; thence, in an easterly direction along the northerly side of the right-of-way of I-40 to the northerly limits of the village of Prewitt; thence, in a straight line between the northerly boundary of the village of Prewitt to the southerly boundary of Ambrosia Lake; thence in a straight line between the southerly boundary of Ambrosia Lake to the southerly boundary of Hospah; thence, east along a straight line from the southerly boundary of Hospah to the southern boundary of Torreon; thence along the easterly side of the right-of-way of state road 197 to the westerly city limits of Cuba; thence, north along the westerly side of the right-of-way of state road 44 to the southerly boundary of the Jicarilla Apache Indian reservation; thence, westerly along the southerly boundary of the Jicarilla Apache Indian reservation to the southwest corner of that reservation; thence, northerly along the westerly boundary of the Jicarilla Apache Indian reservation to a point where the westerly boundary of the reservation intersects the southerly side of the right-of-way of state road 44; thence, northerly along the southerly side of the right-of-way of state road 44 to its intersection with the northerly side of the right-of-way of Navajo road 3003; thence, along the northerly side of the right-of-way of Navajo road 3003 to a point where the northerly side of the right-of-way of Navajo road 3003 intersects the westerly side of the right-of-way line of state road 371; thence, northerly along the west side of the right-of-way of state road 371 to the southerly side of the right-of-way of Navajo road 36; thence, westerly along the southerly side of the right-of-way of Navajo road 36 to the eastern border of the Navajo Indian reservation; thence, along the eastern and southerly borders of the Navajo Indian reservation to the point of beginning.

The municipalities of Cuba and Gallup and the villages of Thoreau and Prewitt are excluded from the grant of authority that may be conferred in any written agreement entered into pursuant to provisions of this section; provided, however, any written agreement may include under such grant of authority the communities of Ambrosia Lake, Hospah, Torreon, Lybrook, Nageezi, Counselors and Blanco Trading Post and those communities commonly known as the Wingate community; the Navajo Tribe blue water ranch area of the Thoreau community; the Prewitt community, exclusive of the village of Prewitt; the Haystack community; the Desidero community; the Sand Springs community; the Rincon Marquis community; the Charley Jesus Arviso and the Castillo community; and state road 264 beginning at the point where it intersects US 666 and ending where state road 264 intersects the Arizona-New Mexico state line;

(9) the chief of the New Mexico state police or his designee and the tribe or pueblo or the appropriate federal official shall be required to meet at least quarterly or more frequently at the call of the chief of the New Mexico state police to discuss the status of the agreement and invite other law enforcement or other officials to attend as necessary; and

(10) as consideration for law enforcement services rendered for the state by tribal or pueblo police officers who are commissioned peace officers pursuant to this section, each tribe or pueblo shall receive from the law enforcement protection fund three hundred dollars ($300) for each commissioned peace officer in the tribe or pueblo. To be counted as a commissioned peace officer for the purposes of this paragraph, a commissioned peace officer shall have been assigned to duty and have worked in New Mexico for no fewer than two hundred days in the calendar year immediately prior to the date of payment. Payments shall be made for only those divisions of the tribal or pueblo police departments that perform services in New Mexico. No Indian nation, tribe or pueblo police department shall be eligible for any disbursement under the fund if officers of that department cite non-Indians into the court of that Indian nation, tribe or pueblo. This eligibility requirement would apply to either civil or criminal citations issued by an Indian nation, tribe or pueblo police department.

D. Nothing in this section impairs or affects the existing status and sovereignty of tribes and pueblos of Indians as established under the laws of the United States.

E. All persons who are duly commissioned federal law enforcement officers employed by the federal bureau of investigation; drug enforcement administration; bureau of alcohol, tobacco and firearms; United States secret service; United States customs service; immigration and naturalization service; United States marshals service; postal inspection service; United States probation department; United States pretrial services agency; and other appropriate federal officers whose primary duty is law enforcement related, who are assigned in New Mexico and who are required to be designated by the county sheriff on a case-by-case basis in the county in which they are working, are recognized and authorized to act as New Mexico peace officers and have all the powers of New Mexico peace officers to enforce state laws in New Mexico, including the power to make arrests for violation of state laws. The [department of public safety] New Mexico state police shall maintain a registry that lists the name and affiliated federal agency of every federal law enforcement officer recognized and authorized to act as a New Mexico peace officer pursuant to the provisions of this subsection. This subsection shall not be construed to impose liability upon or to require indemnification by the state for any act performed by a federal law enforcement officer pursuant to this subsection.

F. The provisions of Subsection E of this section regarding designation of federal law enforcement officers by a county sheriff do not apply to federal law enforcement officers who are duly commissioned officers of a police or sheriff's department for an Indian tribe or pueblo in New Mexico or who are federal law enforcement officers employed by the bureau of Indian affairs."

Section 15. Section 29-2-1 NMSA 1978 (being Laws 1941, Chapter 147, Section 1, as amended) is amended to read:

"29-2-1. NEW MEXICO STATE POLICE CREATED.--[There is created in the department of public safety] The "New Mexico state police [division]" is created."

Section 16. Section 29-2-1.1 NMSA 1978 (being Laws 1987, Chapter 254, Section 18, as amended) is repealed and a new Section 29-2-1.1 NMSA 1978 is enacted to read:

"29-2-1.1. [NEW MATERIAL] DEFINITIONS.--As used in Chapter 29 NMSA 1978:

A. "academy" means the New Mexico law enforcement academy;

B. "academy board" means the New Mexico law enforcement academy board;

C. "chief" means the chief of the New Mexico state police; and

D. "member of the New Mexico state police" means a commissioned officer of the New Mexico state police."

Section 17. A new Section 29-2-1.2 NMSA 1978 is enacted to read:

"29-2-1.2. [NEW MATERIAL] STATE POLICE BOARD--CREATED--COMPOSITION--POWERS AND DUTIES.--

A. The "New Mexico state police board" is created. The board shall manage and direct the New Mexico state police, except that the governor is empowered to call the New Mexico state police to preserve the public peace, execute the laws, suppress insurrection and repel invasion.

B. The board shall consist of seven members appointed by the governor with the consent of the senate for staggered terms of three years ending January 1; provided that in making the initial appointments, three members shall be appointed for terms of three years each, two members shall be appointed for terms of two years each and two members shall be appointed for terms of one year each. Thereafter, all appointments shall be made for terms of three years. A vacancy on the board shall be filled by appointment for the unexpired term. At the time of their appointment, no more than four members shall be from the same political party. The governor shall make the appointments in such a manner as to provide for geographic representation.

C. The board shall annually elect one of its members as chairman and shall elect such other officers as the board deems necessary. The board shall meet at regular intervals fixed by it or on the call of the chairman or any three members of the board. A majority of the members of the board constitutes a quorum.

D. Members of the board may receive per diem and mileage pursuant to the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance."

Section 18. Section 29-2-3 NMSA 1978 (being Laws 1941, Chapter 147, Section 3, as amended) is amended to read:

"29-2-3. NEW MEXICO STATE POLICE--ORGANIZATION.--

A. The New Mexico state police shall consist of a chief, such patrolmen, sergeants, lieutenants, [and] captains and such civilian staff as the New Mexico state police board may deem advisable within the limits of the funds appropriated for the New Mexico state police [provided, however, that]. The number of captains, lieutenants and sergeants shall not exceed twenty-five percent of the total number of the police, exclusive of the chief, but this requirement shall not be interpreted so as to require the demotion of any member of the previous state police division of the [criminal justice] department of public safety.

B. The New Mexico state police shall be organized into such divisions, bureaus and other structures as the chief and the board deem necessary, including:

(1) the special investigations division;

(2) the technical and emergency support division;

(3) the motor transportation division; and

(4) the administrative services division."

Section 19. Section 29-2-6 NMSA 1978 (being Laws 1941, Chapter 147, Section 6, as amended) is amended to read:

"29-2-6. QUALIFICATIONS OF MEMBERS.--

A. Members of the New Mexico state police, except the chief, shall:

(1) at the time of their appointment, be citizens of the United States;

(2) at the time of their appointment, have reached twenty-one years of age;

(3) at the time of their appointment, have completed not less than sixty hours of college credit;

(4) be of good moral character and not have been convicted of a felony or infamous crime in the courts of this state or other state or any country or in the federal courts; and

(5) pass a physical examination the New Mexico state police may require.

B. A person shall not be commissioned a member of the New Mexico state police who is related by blood or marriage within the fourth degree to a member of the [public safety advisory commission] New Mexico state police board."

Section 20. Section 29-2-7 NMSA 1978 (being Laws 1941, Chapter 147, Section 7, as amended) is amended to read:

"29-2-7. COMMISSIONED OFFICERS--APPLICATION--PROCEDURE.--The New Mexico state police shall cause all applicants for the position of commissioned officer to submit a written detailed application on [such] forms as the New Mexico state police board shall prescribe, and the board shall cause an investigation to be made of all applicants, subsequent to their taking the examination [hereinafter] referred to in Section 29-2-8 NMSA 1978, for the purpose of determining the moral character, general reputation and fitness of [any] an applicant [and Any such]. An applicant who is found unfit as a result of [such] the investigation shall be disqualified for employment. The board shall by rule prescribe the physical qualifications of applicants and shall require each applicant to submit to a physical examination by such doctors as the board shall designate [and Any]. An applicant who does not meet the physical requirements prescribed by the board shall be disqualified for employment. Inasmuch as laws have been enacted providing for retirement, disability and life insurance funds for members of the New Mexico state police, it is the intention of the legislature that no applicants will be appointed who are in such physical condition that the cost of such protection will thereby be increased."

Section 21. Section 29-2-8 NMSA 1978 (being Laws 1941, Chapter 147, Section 8, as amended) is amended to read:

"29-2-8. NEW MEXICO STATE POLICE--COMMISSIONED OFFICERS--EXAMINATION.--The New Mexico state police shall conduct a written examination of all applicants for the position of commissioned officer for the purpose of determining their mental qualifications and knowledge of the laws of New Mexico and their ability to render assistance in case of accidents upon the public highways [and]. No applicant shall be appointed a member of the New Mexico state police, other than the chief, until he [shall have] has passed [such] the written examination with a grade of not less than seventy-two percent."

Section 22. Section 29-2-9 NMSA 1978 (being Laws 1941, Chapter 147, Section 9, as amended) is amended to read:

"29-2-9. PROBATIONARY PERIOD--LENGTH--PERMANENT COMMISSION--SALARY.--

A. All new appointments as members of the New Mexico state police shall be for a probationary period of two years. During [such] the probationary period, [such] the new members may be removed or suspended at the discretion of the chief [of the New Mexico state police]. At the end of two years of satisfactory service and upon recommendation of the chief and with concurrence of the New Mexico state police board, the appointee may receive a permanent commission as a member of the New Mexico state police. However, the probationary period may be extended beyond a two-year period upon the recommendation of the chief with the concurrence of the board.

B. The salaries of all members of the New Mexico state police, probationary and permanent, and that of the chief shall be fixed by the board."

Section 23. Section 29-2-11 NMSA 1978 (being Laws 1941, Chapter 147, Section 11, as amended) is amended to read:

"29-2-11. DISCIPLINARY PROCEEDINGS--APPEAL.--

A. No officer of the New Mexico state police holding a permanent commission shall be removed from office, demoted or suspended except for incompetence, neglect of duty, violation of a published rule of conduct, malfeasance in office or conduct unbecoming an officer, except as provided in this section.

B. The [secretary] chief may suspend an officer for disciplinary reasons for not more than thirty days in accordance with New Mexico state police rules. Any officer holding a permanent commission who is suspended by the [secretary] chief has the right to have the suspension reviewed by the [commission] New Mexico state police board, but without further review or appeal.

C. In the event the officer is to be removed from office, demoted or suspended for a period of more than thirty days, specific written charges shall be filed with the [commission] board. Timely and adequate notice of the charges to the person charged shall be provided and a prompt hearing on the charges shall be held by the [commission] board. The person charged has the right to be represented by counsel of his own choice and at his own expense at the hearings. A complete record of the hearing shall be made and, upon request, a copy of it shall be furnished to the person charged. The person may require that the hearing be public.

D. In the event the [commission] board finds that the person charged shall be removed, demoted or suspended for a period in excess of thirty days, the person may appeal from the decision of the [commission] board to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

Section 24. Section 29-2-13 NMSA 1978 (being Laws 1941, Chapter 147, Section 13, as amended) is amended to read:

"29-2-13. UNIFORMS AND BADGES--UNIFORM ALLOWANCE TO BE SET BY [SECRETARY] CHIEF.--A suitable and distinctive uniform shall be prescribed by the [secretary] chief. The [secretary] chief shall provide and issue to each commissioned officer a uniform and an appropriate badge [which] that shall contain in plain legible letters the words "New Mexico state police". The prescribed uniform and badge shall be worn at all times when on duty, except when, by direction of the chief or the governor, any member of the New Mexico state police is assigned to special duties. Uniform allowance and subsistence pay shall be established by the [secretary] chief and allowed in addition to a commissioned officer's salary and paid on a monthly basis to each commissioned officer of the [division] New Mexico state police. The uniform allowance and subsistence pay shall be expended only for the purposes allowed, and any portion of the uniform allowance or subsistence pay not so spent in each fiscal year shall revert to the general fund."

Section 25. Section 29-2-14 NMSA 1978 (being Laws 1971, Chapter 87, Section 1, as amended) is amended to read:

"29-2-14. UNAUTHORIZED WEARING OF UNIFORM OR BADGE--UNAUTHORIZED MARKING OF MOTOR VEHICLE--PENALTY.--

A. Unauthorized wearing of uniform or badge consists of the wearing or requiring the wearing, without authorization by the [New Mexico state police board] chief, of a uniform or badge or both whose material, color or design, or any combination of them, is such that the wearer appears to be a member of the New Mexico state police.

B. Unauthorized marking of motor vehicle consists of the marking, using, possessing or owning or requiring the marking or using, without authorization by the [board] chief, of a motor vehicle whose insignia, color or equipment, or any combination of them, is such that the motor vehicle appears to be a New Mexico state police motor vehicle.

C. Whoever commits unauthorized wearing of uniform or badge or unauthorized marking of motor vehicle is guilty of a petty misdemeanor."

Section 26. Section 29-2-16 NMSA 1978 (being Laws 1941, Chapter 147, Section 15, as amended) is amended to read:

"29-2-16. STATE POLICE SCHOOL--COMPENSATION.--

A. Before entering upon his duties, every appointee to the New Mexico state police shall be required to attend for a period of at least ninety days a school of instruction approved by the New Mexico state police board. A uniform course of instruction shall be given all trainees governing the operation, maintenance and temporary roadside repair of motor vehicles, the laws of the state [which] that the appointee may be called on to enforce and other instruction as the [New Mexico state police] board may require. Attendance at the school or other course of instruction as may be prescribed renders the person attending subject to the control of the New Mexico state police during attendance.

B. The board may, within the budgetary means of the New Mexico state police, allow subsistence and compensation for trainees attending the school of instruction at the New Mexico state police headquarters or elsewhere. The compensation allowed for each trainee, excluding room and board for a thirty-day period, shall be in the amount set by the legislature in the general [appropriations] appropriation act."

Section 27. Section 29-2-22 NMSA 1978 (being Laws 1941, Chapter 147, Section 21, as amended) is amended to read:

"29-2-22. RULE-MAKING POWER--RULES TO ESTABLISH STANDARDS OF CONDUCT.--The New Mexico state police board [shall have authority to] may make and promulgate rules [and regulations] for the purpose of carrying out the provisions of Sections 29-2-1 through 29-2-29 NMSA 1978. The [New Mexico state police] board shall establish by rules, from time to time, standards of conduct for members of the New Mexico state police, and a copy [thereof] of the rules shall be delivered to each [such] member and displayed at each station of the [department. Such] New Mexico state police. The rules shall be filed pursuant to the State Rules Act."

Section 28. Section 29-2-25 NMSA 1978 (being Laws 1947, Chapter 38, Section 1, as amended) is amended to read:

"29-2-25. ACCIDENT REPORTS.--When [any] a member of the New Mexico state police [shall investigate] investigates a motor vehicle accident, he shall make a written report of his findings on appropriate forms furnished by the New Mexico state police, the original of which report [and of all reports of motor vehicle accidents heretofore made] shall be filed in the office of the New Mexico state police and shall be furnished to any person upon written application accompanied by a fee as set by the New Mexico state police board for the [photostat] photocopy of each surface of all documents comprising a report."

Section 29. Section 29-2-27 NMSA 1978 (being Laws 1969, Chapter 125, Section 1, as amended) is amended to read:

"29-2-27. SECURITY FOR THE GOVERNOR AND THE LEGISLATURE.--

A. The New Mexico state police shall provide security and protection for the governor and [security and protection for the governor's] his family. The extent and manner in which the security is provided shall be determined by the governor and the chief [of the New Mexico state police].

B. The New Mexico state police shall provide security and protection for the legislature while it is in session."

Section 30. Section 29-2-28 NMSA 1978 (being Laws 1971, Chapter 259, Section 1, as amended) is amended to read:

"29-2-28. [PROVIDE] CONCURRENT JURISDICTION OF STATE PROPERTY AND GROUNDS.--The New Mexico state police [shall have] has concurrent jurisdiction for the protection of all public buildings, grounds and property of the state government, its agencies, instrumentalities and institutions, including [but not limited to] the state capitol and the state capitol complex. [Such] The concurrent jurisdiction [shall include] includes the exercise of supervisory authority over any other security forces employed on [such] the property by the agency, instrumentality or institution at the option or election of the chief [of the New Mexico state police]."

Section 31. Section 29-2-29 NMSA 1978 (being Laws 1973, Chapter 297, Section 1, as amended) is amended to read:

"29-2-29. STATE POLICE--GROUP LIFE INSURANCE.--Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in addition to all other benefits provided commissioned officers, the [department] New Mexico state police shall provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) for each member of the state police [officer], to be paid to his designated beneficiary. The coverage shall include double indemnity provisions for death incurred in line of duty. The coverage shall be provided by a group term insurance policy, the premium for which shall be paid out of state funds appropriated to the [department of public safety] New Mexico state police."

Section 32. Section 29-4-1 NMSA 1978 (being Laws 1939, Chapter 213, Section 1) is amended to read:

"29-4-1. ESTABLISHMENT OF TRUST FUNDS--PURPOSE.--Authority is [hereby] granted to [the Board of Supervisors of] he New Mexico state police board to create and establish [in] on behalf and for the benefit of eligible members of the New Mexico state police a pension trust fund providing termination [benefits] and retirement benefits and a supplementary trust fund providing benefits to such members and their dependents in the event of disability or death as limited [hereinafter] in Sections 29-4-2 through 29-4-11 NMSA 1978 or in the trust agreements."

Section 33. Section 29-4-2 NMSA 1978 (being Laws 1939, Chapter 213, Section 2) is amended to read:

"29-4-2. PROVISIONS GOVERNING TRUST FUNDS--APPROVAL.--All [monies] money in [said] the pension trust fund and [said] the supplementary trust fund shall be deposited, administered and disbursed in accordance with the terms of [this act] Sections 29-4-1 through 29-4-11 NMSA 1978 and with the terms of the pension trust agreement and supplementary trust agreement, which shall be drafted pursuant to the terms of [this act] those sections and shall not become effective until specifically approved by the governor of New Mexico, [the Board of Supervisors of] the New Mexico state police board and the insurance [department] division of the [state of New Mexico] public regulation commission."

Section 34. Section 29-4-6 NMSA 1978 (being Laws 1939, Chapter 213, Section 6) is amended to read:

"29-4-6. PENSION CONSULTANTS EMPLOYMENT--DUTIES.--The [Board of Supervisors of the] New Mexico state police [are hereby] board is authorized [and empowered] to engage pension consultants to assist in drafting the trust agreements and establishing an equitable, practical and actuarially sound pension program. The trustee shall engage pension consultants to supervise and assist in the technical operation of the pension trust in order that there may be no deterioration in the actuarial status of the plan."

Section 35. Section 29-4-7 NMSA 1978 (being Laws 1939, Chapter 213, Section 7) is amended to read:

"29-4-7. TRUSTEE'S ANNUAL REPORT.--Within ninety days after the close of each fiscal year, the trustee, with the aid of the pension consultants, shall prepare and file an annual report with the [department] New Mexico state police board and the [New Mexico] insurance [department] division of the public regulation commission, which shall include the following:

A. Schedule [I.] 1. receipts and disbursements;

B. Schedule [II.] 2. assets of pension trust listing investments as to book value and current market value as of the end of the fiscal year;

C. Schedule [III.] 3. list of terminations, showing cause and amount of refund;

D. Schedule [IV.] 4. the application of actuarially computed "reserve factors" to the payroll data properly classified for the purpose of computing the reserve liability of the trust fund as of the end of the fiscal year;

E. Schedule [V.] 5. the application of actuarially computed "current liability factors" to the payroll data properly classified for the purpose of computing the liability of the trust fund as of the end of the fiscal year; and

F. Schedule [VI.] 6. an actuarial computation of the pension liability for all employees retired prior to the close of the fiscal year."

Section 36. Section 29-4-8 NMSA 1978 (being Laws 1939, Chapter 213, Section 8) is amended to read:

"29-4-8. ADMINISTRATION OF PENSION PROGRAM.--The complete pension program authorized by the terms of [this act] Sections 29-4-1 through 29-4-11 NMSA 1978 shall be administered by the trustee with the assistance and counsel of a pension advisory board [which] that shall consist of the chief [of the Department] as chairman, two members appointed by the [Board of Supervisors of the] New Mexico state police [with the approval of the governor] board and two members elected by the participating members. One of the initial appointees and one of the initial elected representatives shall serve for one-year terms and the other elected and appointed representatives shall serve for two-year terms."

Section 37. Section 29-4A-4 NMSA 1978 (being Laws 1995, Chapter 59, Section 4) is amended to read:

"29-4A-4. FUND CREATED.--The "peace officers' survivors fund" is created in the state treasury and shall be administered by the [department of public safety] New Mexico state police. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the [department of public safety] New Mexico state police for the purpose of paying death benefits pursuant to the Peace Officers' Survivors Supplemental Benefits Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the [secretary of public safety] chief. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert."

Section 38. Section 29-6-2 NMSA 1978 (being Laws 1941, Chapter 149, Section 3, as amended) is amended to read:

"29-6-2. BOARD OF DIRECTORS--ELECTIONS--COMMISSIONS.--

A. The control, management, supervision and power of internal organization is vested in a board of directors composed of not less than one member from each troop of the New Mexico mounted patrol elected by the members of the organization to serve for a term of two years and until their successors are duly elected and qualified. The first election [hereunder] of the board shall be held and conducted at such time and pursuant to such rules promulgated by the governor. Succeeding elections shall be pursuant to rules [and regulations] promulgated by the qualified and active board of directors.

B. The [director] chief of the New Mexico state police may, at the expense of members of the New Mexico mounted patrol, execute and deliver to each member of the mounted patrol proper pocket commissions as emergency and voluntary state police; the [same] commissions to be effective only upon specific request of the New Mexico state police in each instance of service. [Such] The commissions shall bear the written approval of the governor of New Mexico [such]. The commissions shall automatically expire and new ones be issued and delivered upon each change in the [directorship] chiefship of the New Mexico state police or the governorship."

Section 39. Section 29-6-4.2 NMSA 1978 (being Laws 1999, Chapter 121, Section 1) is amended to read:

"29-6-4.2. MOUNTED PATROL--APPLICANTS--CRIMINAL HISTORY

SCREENING--DENIAL OF COMMISSION.--

A. As used in this section:

(1) "criminal record" means information concerning a person's arrests, indictments or other formal criminal charges and any dispositions arising from them, including convictions, dismissals, acquittals, sentencing and correctional supervision, collected by criminal justice agencies and stored in the databases of the federal bureau of investigation, the national law enforcement telecommunications system, the [department of public safety] New Mexico state police or the repositories of criminal history information of other states; and

(2) "criminal history screening" means a criminal history background investigation of an applicant for the New Mexico mounted patrol conducted by using fingerprints collected by the [department of public safety] New Mexico state police or a local law enforcement agency and submitted to the federal bureau of investigation.

B. The New Mexico mounted patrol shall perform a criminal history screening on all applicants for mounted patrol. If an applicant has a criminal record, his application for a commission in the mounted patrol may be denied. If an applicant has a felony conviction or a conviction for a misdemeanor involving moral turpitude, his application for a commission in the mounted patrol shall be denied.

C. The chief [of the New Mexico state police] shall determine whether to grant a commission to an applicant who has a criminal record that did not result in conviction of a felony or a misdemeanor involving moral turpitude. The chief's decision to deny an application for a commission in the New Mexico mounted patrol is final and may not be appealed.

D. An applicant for the New Mexico mounted patrol shall be fingerprinted and the applicant shall provide two fingerprint cards or the equivalent electronic fingerprints to the mounted patrol to assist the mounted patrol in conducting a criminal history screening of the applicant. The applicant shall pay the cost of the criminal history screening. The mounted patrol shall not charge the applicant more than the actual cost of the nationwide criminal history screening."

Section 40. Section 29-7-3 NMSA 1978 (being Laws 1979, Chapter 202, Section 42, as amended) is amended to read:

"29-7-3. NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD.--

A. There is created the "New Mexico law enforcement academy board".

B. The academy shall be controlled and supervised by policy set by the board. The board shall be composed of the attorney general, who shall serve automatically by reason of his office and serve as chairman of the board, and [six] eight members who are qualified electors to be appointed by the governor and confirmed by the senate. An appointed board member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment.

C. [On or before July 1, 1994, the governor shall increase the number of members on the board to eight by appointing two additional members. The seventh member of the board shall be a citizen-at-large member whose term shall end on July 1, 1996. The eighth member of the board shall be a police officer who is a New Mexico certified police officer, holding the rank of sergeant or below at the time of his appointment, and whose term shall end on July 1, 1996 or sooner if he retires or is deactivated from duty for longer than thirty days.] Appointments to the board shall be for terms of four years or less made in such manner that the terms of not more than two members expire on July 1 of each year. At all times, the board shall have represented on it, as members, one municipal police chief, one sheriff, one state police officer, one district attorney, one certified police chief of a New Mexico Indian tribe or pueblo, one certified New Mexico police officer holding the rank of sergeant or below and two citizen-at-large members. Vacancies shall be filled by the governor for the unexpired term.

D. Members of the board [shall] may receive, for their service as members of the board, per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 41. Section 29-7-4 NMSA 1978 (being Laws 1969, Chapter 264, Section 6, as amended) is amended to read:

"29-7-4. POWERS AND DUTIES OF BOARD.--The academy board shall:

A. approve or disapprove the appointment of the director of the academy [by the secretary of public safety];

B. develop and implement a planned program of basic law enforcement training and in-service law enforcement training, a portion of which may be conducted on a regional basis;

C. prescribe qualifications for instructors and prescribe courses of instruction for basic law enforcement training and in-service law enforcement training;

D. report annually to the governor;

E. in its discretion, accept donations, contributions, grants or gifts from whatever source for the benefit of the academy, which donations, contributions, grants or gifts are appropriated for the use of the academy;

F. adopt, publish and file, in accordance with the provisions of the State Rules Act, all [regulations and] rules concerning the operation of the academy and the implementation and enforcement of the provisions of the Law Enforcement Training Act;

G. issue, grant, deny, renew, suspend or revoke a peace officer's certification for any cause set forth in the provisions of the Law Enforcement Training Act;

H. administer oaths and take testimony on any matter within the academy board's jurisdiction; and

I. perform all other acts appropriate to the development and operation of the academy."

Section 42. Section 29-7-6.1 NMSA 1978 (being Laws 1993, Chapter 255, Section 7) is amended to read:

"29-7-6.1. COUNTY SHERIFFS--TRAINING REQUIREMENT.--

A. Every county sheriff, except sheriffs who have previously been awarded a certificate attesting to completion of a basic law enforcement training program, shall participate in and complete an administrative law enforcement training program no later than twelve months after the date he assumes office as a county sheriff.

B. The [director of the training and recruiting division of the department of public safety] academy shall establish the administrative law enforcement training program for county sheriffs, subject to review and approval by the executive committee of the sheriff's affiliate of the New Mexico association of counties.

C. A county sheriff's per diem, mileage and tuition expenses attributed to attendance at the administrative law enforcement training shall be paid for by the governing body of the county served by that sheriff."

Section 43. Section 29-7A-1 NMSA 1978 (being Laws 1979, Chapter 228, Section 1) is amended to read:

"29-7A-1. SHORT TITLE.--[This act] Chapter 29, Article 7A NMSA 1978 may be cited as the "Police Radio Dispatcher Training Act"."

Section 44. Section 29-7A-2 NMSA 1978 (being Laws 1979, Chapter 228, Section 2) is amended to read:

"29-7A-2. QUALIFICATIONS FOR ADMISSION [TO THE TRAINING AND EDUCATION BUREAU].--The [chief] director of the academy shall determine that all applicants for admission to the radio dispatcher training program [of the training and education bureau of the criminal justice department]:

A. are citizens of the United States and have reached the age of majority;

B. hold high school diplomas or the equivalent;

C. have not been convicted of a felony or other crime involving moral turpitude as determined by submission of the applicant's fingerprints to the [technical services bureau of the criminal justice department] New Mexico state police and to the [FBI] federal bureau of investigation identification division and by such other investigations as required by the applicant's place of employment; and

D. are free of any physical, emotional or mental condition [which] that might adversely affect their performance."

Section 45. Section 29-7A-3 NMSA 1978 (being Laws 1979, Chapter 228, Section 3) is amended to read:

"29-7A-3. BASIC COURSE MINIMUM REQUIREMENTS.--The basic course offered by the [training and education bureau] academy shall consist of not less than forty hours of instruction and training and shall consist of subjects appropriate for the basic training of police radio dispatchers in techniques of law enforcement communications, as recommended by the majority of the participating law enforcement agencies."

Section 46. Section 29-7A-4 NMSA 1978 (being Laws 1979, Chapter 228, Section 4) is amended to read:

"29-7A-4. PREREQUISITES FOR PERMANENT APPOINTMENT AS A POLICE RADIO DISPATCHER.--

A. Notwithstanding any provisions of any general, special or local law to the contrary, no person shall receive an original appointment on a permanent basis as a police radio dispatcher to any law enforcement agency in this state unless [such person] he has previously been awarded a certificate by the [chief of the training and education bureau] director of the academy attesting to [such person's] his satisfactory completion of an approved police radio dispatcher basic training program [and]. Every person who is employed, after the effective date of the Police Radio Dispatcher Training Act, as a police radio dispatcher by any law enforcement unit in this state shall forfeit his position as such unless, within twelve months from the date of his employment, he satisfactorily completes a police radio dispatcher basic training program and is awarded a certificate attesting thereto. The [chief of the training and education bureau] director of the academy shall waive the [above] training requirements for all police radio dispatchers who are serving full time on the effective date of the Police Radio Dispatcher Training Act and shall award each such police radio dispatcher a certificate.

B. For the purposes of the Police Radio Dispatcher Training Act, "police radio dispatcher" means any full-time employee, sworn or civilian, who is employed to dispatch police units by means of radio communications [which is] that are part of or administered by the state or any political subdivision."

Section 47. Section 29-7A-5 NMSA 1978 (being Laws 1979, Chapter 228, Section 5) is amended to read:

"29-7A-5. CERTIFICATION BY WAIVER.--The [chief of the training and education bureau] director of the academy shall, with the approval of the [secretary of criminal justice] academy board, waive the basic police radio dispatcher training program and certify applicants who furnish evidence of satisfactory completion of a basic police radio dispatcher training program [which] that, in the [chief's] director's opinion, is comparable to that of the police radio dispatcher training program offered by the [training and education bureau] academy."

Section 48. Section 29-7A-6 NMSA 1978 (being Laws 1979, Chapter 228, Section 6) is amended to read:

"29-7A-6. CORRESPONDENCE COURSE.--The [chief] director of the academy shall develop a correspondence course for those applicants [which] who, due to severe handicap, cannot attend the program offered by the [training and education bureau] academy."

Section 49. Section 29-7A-7 NMSA 1978 (being Laws 1979, Chapter 228, Section 7) is amended to read:

"29-7A-7. ROSTERS.--The [chief of the training and education bureau] director of the academy shall maintain a roster of all certified police radio dispatchers."

Section 50. Section 29-7B-1 NMSA 1978 (being Laws 1994, Chapter 35, Section 1) is amended to read:

"29-7B-1. SHORT TITLE.--[This act] Chapter 29, Article 7B NMSA 1978 may be cited as the "Law Enforcement Youth Cadet Corps Act"."

Section 51. Section 29-7B-3 NMSA 1978 (being Laws 1994, Chapter 35, Section 3) is amended to read:

"29-7B-3. DEFINITIONS.--As used in the Law Enforcement Youth Cadet Corps Act:

A. "academy" means the New Mexico law enforcement academy;

[B. "department" means the department of public safety;

C.] B. "program" means a law enforcement leadership training and awareness program conducted at the academy; and

[D.] C. "student" means [an individual] a person enrolled in a high school in New Mexico."

Section 52. Section 29-7B-4 NMSA 1978 (being Laws 1994, Chapter 35, Section 4) is amended to read:

"29-7B-4. LAW ENFORCEMENT LEADERSHIP TRAINING AND AWARENESS PROGRAM--ADMINISTRATION.--The [department] academy shall:

A. provide information to high schools regarding the existence of the program and the availability of scholarships to students who apply to participate in the program;

B. approve or disapprove student applications to participate in the program, with priority given to students who express a desire to pursue a career in law enforcement;

C. organize and schedule no less than four programs at the academy annually, with each program to consist of not less than ten students; and

D. promulgate rules regarding the content of the program, including:

(1) providing students with leadership training;

(2) improving students' awareness of the functions and roles of law enforcement agencies in New Mexico; and

(3) preparing students to assist as volunteers in law enforcement programs in their own communities, including neighborhood watch, D.A.R.E. and pounders."

Section 53. Section 29-11A-5 NMSA 1978 (being Laws 1995, Chapter 106, Section 5, as amended) is amended to read:

"29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION [BY DEPARTMENT OF PUBLIC SAFETY]--PARTICIPATION IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--

A. A county sheriff shall maintain a local registry of sex offenders in his jurisdiction required to register pursuant to the provisions of the Sex Offender Registration and Notification Act.

B. The county sheriff shall forward registration information obtained from sex offenders to the [department of public safety] New Mexico state police. The registration information shall be forwarded by the county sheriff no later than ten working days after the information is obtained from a sex offender.

C. The [department of public safety] New Mexico state police shall maintain a central registry of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The [department] New Mexico state police shall participate in the national sex offender registry administered by the United States department of justice.

D. The [department of public safety] New Mexico state police shall retain registration information regarding sex offenders convicted for the following sex offenses for a period of twenty years following the sex offender's conviction, release from prison or release from probation or parole, whichever occurs later:

(1) criminal sexual penetration in the first or second degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact of a minor in the third degree, as provided in Section 30-9-13 NMSA 1978;

(3) sexual exploitation of children, as provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; or

(4) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (3) of this subsection, as provided in Section 30-28-1 NMSA 1978.

E. The [department of public safety] New Mexico state police shall retain registration information regarding sex offenders convicted for the following offenses for a period of ten years following the sex offender's conviction, release from prison or release from probation or parole, whichever occurs later:

(1) criminal sexual penetration in the third or fourth degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978;

(3) criminal sexual contact of a minor in the fourth degree, as provided in Section 30-9-13 NMSA 1978;

(4) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978;

(5) solicitation to commit criminal sexual contact of a minor in the third or fourth degree, as provided in Sections 30-9-13 and 30-28-3 NMSA 1978; or

(6) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (4) of this subsection, as provided in Section 30-28-1 NMSA 1978.

F. The [department of public safety] New Mexico state police shall adopt rules necessary to carry out the provisions of the Sex Offender Registration and Notification Act."

Section 54. Section 29-11A-5.1 NMSA 1978 (being Laws 1999, Chapter 19, Section 8) is amended to read:

"29-11A-5.1. PUBLIC ACCESS TO INFORMATION REGARDING CERTAIN REGISTERED SEX OFFENDERS.--

A. If a sex offender is convicted of one of the following sex offenses, the county sheriff shall forward registration information obtained from the sex offender to the district attorney for the judicial district in which the sex offender resides and, if the sex offender is a resident of a municipality, the chief law enforcement officer for the municipality in which the sex offender resides:

(1) criminal sexual penetration in the first or second degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact of a minor in the third or fourth degree, as provided in Section 30-9-13 NMSA 1978;

(3) sexual exploitation of children, as provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978;

(4) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978; or

(5) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (4) of this subsection, as provided in Section 30-28-1 NMSA 1978.

B. A person who wants to obtain registration information regarding a sex offender described in Subsection A of this section may request that information from the:

(1) county sheriff for the county in which the sex offender resides;

(2) chief law enforcement officer for the municipality in which the sex offender resides;

(3) district attorney for the judicial district in which the sex offender resides; or

(4) [secretary of public safety] chief of the New Mexico state police.

C. All requests for registration information regarding a sex offender described in Subsection A of this section are subject to the provisions of the Inspection of Public Records Act."

Section 55. Section 29-11A-7 NMSA 1978 (being Laws 1995, Chapter 106, Section 7, as amended) is amended to read:

"29-11A-7. NOTICE TO SEX OFFENDERS OF DUTY TO

REGISTER.--

A. A court shall provide a sex offender convicted in that court with written notice of his duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The written notice shall be included in judgment and sentence forms provided to the sex offender.

B. The corrections department, at the time of release of a sex offender in the department's custody, shall provide written notification to the sex offender of his duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The corrections department shall also provide written notification regarding a sex offender's release to the sheriff of the county in which the sex offender is released.

C. The [department of public safety] New Mexico state police, at the time it is notified by officials from another state that a sex offender will be establishing residence in New Mexico, shall provide written notification to the sex offender of his duty to register pursuant to the provisions of the Sex Offender Registration and Notification Act."

Section 56. Section 29-13-2.1 NMSA 1978 (being Laws 1993, Chapter 179, Section 4, as amended) is amended to read:

"29-13-2.1. DEFINITIONS.--As used in the Law Enforcement Protection Fund Act:

A. "division" means the local government division of the department of finance and administration;

B. "fund" means the law enforcement protection fund;

C. "governmental entity" means a municipality, university, tribe or pueblo or a county;

D. "tribal police department" means any tribal or pueblo police department that has entered into an agreement with the [department of public safety] New Mexico state police pursuant to Section 29-1-11 NMSA 1978; and

E. "university" means a four-year post-secondary institution listed in Article 12, Section 11 of the constitution of New Mexico."

Section 57. Section 29-14-10 NMSA 1978 (being Laws 1991, Chapter 117, Section 10) is amended to read:

"29-14-10. POLITICAL ACTIVITY.--

A. A peace officer shall not be prohibited by his police or sheriff's department employer from engaging in any political activity when the officer is off duty, except as otherwise required by law.

B. Notwithstanding the provisions of Subsection A of this section, any peace officer employed by the New Mexico state police [department] shall be governed by the provisions of [regulations] rules adopted by the [department] New Mexico state police regarding political activity."

Section 58. Section 29-15-3 NMSA 1978 (being Laws 1995, Chapter 146, Section 3) is amended to read:

"29-15-3. MISSING PERSONS INFORMATION CLEARINGHOUSE--FUNCTION.--

A. The "missing persons information clearinghouse" is established in the [department of public safety] New Mexico state police. The [department of public safety] New Mexico state police shall provide for the administration of the clearinghouse. The [department of public safety] New Mexico state police may adopt rules [and regulations] to carry out the provisions of the Missing Persons Information Act in the manner prescribed in Subsection E of Section 9-1-5 NMSA 1978.

B. The clearinghouse is a central repository of information on missing persons and shall be used by all law enforcement agencies, including tribal agencies, in this state.

C. The clearinghouse shall:

(1) establish a system of intrastate communication of information relating to missing persons;

(2) provide a centralized file for the exchange of information on missing persons and unidentified bodies of persons within the state;

(3) communicate with the national crime information center for the exchange of information on missing persons suspected of interstate travel;

(4) collect, process, maintain and disseminate accurate and complete information on missing persons;

(5) provide a statewide toll-free telephone line for the reporting of missing persons and for receiving information on missing persons;

(6) disseminate to custodians, law enforcement agencies, the state department of public education, the children, youth and families department and the general public information that explains how to prevent child abduction and what to do if a child becomes missing;

(7) compile statistics relating to the incidence of missing persons within the state;

(8) provide training and technical assistance to law enforcement agencies and social services agencies pertaining to missing persons; and

(9) establish a media protocol for disseminating information pertaining to missing persons.

D. The clearinghouse shall print and distribute posters, flyers and other forms of information containing descriptions of missing persons.

E. The [department of public safety] New Mexico state police may accept public or private grants, gifts and donations to assist the department in carrying out the provisions of the Missing Persons Information Act."

Section 59. Section 29-15-10 NMSA 1978 (being Laws 1995, Chapter 146, Section 10) is amended to read:

"29-15-10. INTERAGENCY COOPERATION.--

A. State agencies and public and private schools shall cooperate with a law enforcement agency that is investigating a missing person report and shall furnish any information that will assist the law enforcement agency in completing the investigation.

B. Information provided by a state agency or a public or private school shall not be released to any person outside the law enforcement agency or the clearinghouse, except as provided by [regulation] rule of the [department of public safety] New Mexico state police."

Section 60. Section 29-15-11 NMSA 1978 (being Laws 1995, Chapter 146, Section 11) is amended to read:

"29-15-11. CONFIDENTIALITY OF RECORDS.--

A. The [department of public safety] New Mexico state police shall by [regulation] rule provide for the classification of information and records as confidential that:

(1) are otherwise confidential under state or federal law or [regulations] rules adopted pursuant to state or federal law;

(2) are related to the investigation by a law enforcement agency of a missing person or an unidentified body, if the [department of public safety] New Mexico state police, in consultation with the law enforcement agency, determines that release of the information would be deleterious to the investigation;

(3) are records or notations that the clearinghouse maintains for internal use in matters relating to missing persons and unidentified bodies and the [department of public safety] New Mexico state police determines that release of the internal documents might interfere with an investigation by a law enforcement agency in New Mexico or any other jurisdiction; or

(4) the [department of public safety] New Mexico state police determines might interfere with an investigation or otherwise harm a person, custodian or reporter.

B. The [regulation] rule may provide for the sharing of confidential information with the custodian or immediate family member of the missing person."

Section 61. Section 29-16-1 NMSA 1978 (being Laws 1997, Chapter 105, Section 1) is amended to read:

"29-16-1. SHORT TITLE.--[This act] Chapter 29, Article 16 NMSA 1978 may be cited as the "DNA Identification Act"."

Section 62. Section 29-16-3 NMSA 1978 (being Laws 1997, Chapter 105, Section 3) is amended to read:

"29-16-3. DEFINITIONS.--As used in the DNA Identification Act:

A. "administrative center" means the law enforcement agency or unit that administers and operates the DNA identification system;

B. "DNA oversight committee" means the DNA identification system oversight committee;

C. "chief" means the chief of the New Mexico state police;

[C.] D. "CODIS" means the federal bureau of investigation's national DNA index system for storage and exchange of DNA records submitted by forensic DNA laboratories;

[D.] E. "covered offender" means any person convicted of a felony offense as an adult under the Criminal Code, the Motor Vehicle Code or the constitution of New Mexico or convicted as an adult pursuant to youthful offender or serious youthful offender proceedings under the Children's Code;

[E.] F. "department" means the [department of public safety] New Mexico state police;

[F.] G. "DNA" means deoxyribonucleic acid as the basis of human heredity;

[G.] H. "DNA identification system" means the DNA identification system established pursuant to the DNA Identification Act;

[H.] I. "DNA records" means the results of DNA testing and related information;

[I.] J. "DNA testing" means a forensic DNA analysis that includes restriction fragment length polymorphism, polymerase chain reaction or other valid methods of DNA typing performed to obtain identification characteristics of samples;

[J.] K. "fund" means the DNA identification system fund; and

[K.] L. "sample" means a sample of biological material sufficient for DNA testing."

Section 63. Section 29-16-4 NMSA 1978 (being Laws 1997, Chapter 105, Section 4) is amended to read:

"29-16-4. ADMINISTRATIVE CENTER--POWERS AND DUTIES--TRANSFER TO OTHER LAW ENFORCEMENT AGENCY.--

A. The administrative center shall be an appropriate unit of the department or such other qualified New Mexico law enforcement agency as the [secretary of public safety] chief may designate in accordance with this section.

B. The administrative center shall:

(1) establish and administer the DNA identification system. The DNA identification system shall provide for collection, storage, DNA testing, maintenance and comparison of samples and DNA records for forensic purposes. Such purposes shall include generation of investigative leads and statistical analysis of DNA profiles. Procedures used for DNA testing shall be compatible with the procedures the federal bureau of investigation has specified, including comparable test procedures, laboratory equipment, supplies and computer software. Procedures used shall meet or exceed the provisions of the federal DNA Identification Act of 1994 regarding minimum standards for state participation in CODIS, including minimum standards for the acceptance, security and dissemination of DNA records;

(2) coordinate sample collection activities;

(3) perform or contract for DNA testing;

(4) serve as a repository for samples and DNA records;

(5) act as liaison with the federal bureau of investigation for purposes of CODIS; and

(6) adopt [regulations] rules and procedures governing:

(a) sample collection;

(b) DNA testing;

(c) the DNA identification system and DNA records; and

(d) the acceptance, security and dissemination of DNA records.

C. The [secretary of public safety] chief may designate, pursuant to a joint powers agreement, the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census to act as the administrative center.

D. The [secretary of public safety] chief may designate, pursuant to a joint powers agreement, any other law enforcement agency to act as administrative center upon recommendation of five voting members of the [advisory] DNA oversight committee."

Section 64. Section 29-16-5 NMSA 1978 (being Laws 1997, Chapter 105, Section 5) is amended to read:

"29-16-5. DNA OVERSIGHT COMMITTEE--CREATED--POWERS AND

DUTIES.--

A. The "DNA identification system oversight committee" is created. The DNA oversight committee shall be composed of nine voting members as follows:

(1) a scientific representative from the department crime laboratory appointed by the [secretary of public safety] chief;

(2) a scientific representative from the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census;

(3) the secretary of corrections or his designated representative;

(4) the state medical investigator or his designated representative;

(5) the attorney general or his designated representative;

(6) the president of the district attorney's association or his designated representative;

(7) the chief public defender or his designated representative; [and]

(8) the president of the New Mexico criminal defense lawyers association or his designated representative; and

(9) the head of the administrative center or his designated representative.

B. The DNA oversight committee shall adopt rules [regulations] and procedures regarding the administration and operation of the DNA identification system.

C. The administrative center shall review and make recommendations to the DNA oversight committee regarding rules [regulations] and procedures for the administration and operation of the DNA identification system."

Section 65. Section 29-17-4 NMSA 1978 (being Laws 1998, Chapter 68, Section 3, as amended) is amended to read:

"29-17-4. DEFINITIONS.--As used in the Caregivers Criminal History Screening Act:

A. "applicant" means a person who seeks and is offered employment or contractual service as a caregiver with a care provider;

B. "caregiver" means a person, not otherwise required to undergo a nationwide criminal history screening by the New Mexico Children's and Juvenile Facility Criminal Records Screening Act, whose employment or contractual service with a care provider includes direct care or routine and unsupervised physical or financial access to any care recipient served by that provider;

C. "care provider" or "provider" means a skilled nursing facility; an intermediate care facility; a care facility for the mentally retarded; a psychiatric facility; a rehabilitation facility; a home health agency; a homemaker agency; a home for the aged or disabled; a group home; an adult foster care home; a guardian service provider; a case management entity that provides services to people with developmental disabilities; a private residence that provides personal care, adult residential care or nursing care for two or more persons not related by blood or marriage to the facility's operator or owner; an adult daycare center; a boarding home; an adult residential care home; a residential service or habilitation service authorized to be reimbursed by medicaid; any licensed or medicaid-certified entity or any program funded by the state agency on aging that provides respite, companion or personal care services; or programs funded by the children, youth and families department that provide homemaker or adult daycare services. "Care provider" or "provider" does not include general acute care hospitals, resident care facilities located at or performing services exclusively for any correctional facility, outpatient treatment facilities, diagnostic and treatment facilities, ambulatory surgical centers and facilities, end-stage renal dialysis and treatment facilities, rural health clinics, private physicians' offices or other clinics that operate in the same manner as private physicians' offices in group practice settings;

D. "care recipient" means any person under the care of a provider who has a physical or mental illness, injury or disability or who suffers from any cognitive impairment that restricts or limits the person's activities;

E. "nationwide criminal history screening" means a criminal history background investigation of an applicant or caregiver through the use of fingerprints collected by the [department of public safety] New Mexico state police and submitted to the federal bureau of investigation, resulting in generation of a nationwide criminal history record for that applicant or caregiver; and

F. "nationwide criminal history record" means information concerning a person's arrests, indictments or other formal criminal charges and any dispositions arising therefrom, including convictions, dismissals, acquittals, sentencing and correctional supervision, collected by criminal justice agencies and stored in the computerized databases of the federal bureau of investigation, the national law enforcement telecommunications system, the department of public safety or the repositories of criminal history information of other states."

Section 66. Section 29-17-5 NMSA 1978 (being Laws 1998, Chapter 68, Section 4, as amended) is amended to read:

"29-17-5. CRIMINAL HISTORY SCREENING REQUIRED-- REGULATORY IMPLEMENTATION--APPEALS.--

A. The department of health is authorized to receive an applicant's or caregiver's nationwide criminal history record obtained by the [department of public safety] New Mexico state police as a result of a nationwide criminal history screening pursuant to an applicant's or caregiver's authorization for such nationwide criminal history screening. Providers shall submit a set of fingerprints of applicants and caregivers to the department of health for a nationwide criminal history screening, and the [department of public safety] New Mexico state police shall accept from the department of health such fingerprints for the purpose of conducting a nationwide criminal history screening.

B. The department of health is authorized to promulgate [regulations] rules to implement the Caregivers Criminal History Screening Act, including [regulations] rules establishing a three-year phased implementation based upon provider type; fingerprint submission procedures; fees; confidentiality; timeframes for an applicant's or caregiver's nationwide criminal history screening; procedures for clarifying incomplete or confusing criminal history information; provider sanctions for noncompliance; and employment procedures pending the results of the nationwide criminal history screening relating to applicants and caregivers.

C. No caregiver may be employed by a care provider unless the caregiver first has submitted to a request for a nationwide criminal history screening prior to beginning employment in accordance with procedures established by [regulation by] rule of the [departments] department of health and [public safety] the New Mexico state police or unless the caregiver has submitted to a nationwide criminal history screening and has been cleared within the previous twelve months.

D. The following felony convictions disqualify an applicant or caregiver from employment as a caregiver:

(1) homicide;

(2) trafficking controlled substances;

(3) kidnapping, false imprisonment, aggravated assault or aggravated battery;

(4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure or other related sexual offenses;

(5) crimes involving adult abuse, neglect or financial exploitation;

(6) crimes involving child abuse or neglect; or

(7) robbery, larceny, extortion, forgery, embezzlement, credit card fraud or receiving stolen property.

E. Upon receipt by the department of health of the results of the applicant's or caregiver's nationwide criminal history screening, the department of health shall give notice to the submitting care provider whether or not the applicant or caregiver has a disqualifying conviction of a crime specified in Subsection D of this section. No other results of the applicant's or caregiver's nationwide criminal history screening shall be provided to the care provider. Except as provided in Subsection F of this section, a care provider shall not employ an applicant or continue to employ a caregiver whose nationwide criminal history [screening] record reflects a disqualifying conviction. When the department of health provides notice to the care provider of a disqualifying conviction of a crime specified in Subsection D of this section, it shall also notify the applicant or caregiver, stating with specificity the convictions on which its decision is based and identifying the agency that provided the records.

F. An applicant or caregiver whose nationwide criminal history record, obtained through the applicant's or caregiver's nationwide criminal history screening and other clarifying endeavors of the department of health, reflects a disqualifying conviction of a crime specified in Subsection D of this section may request from the department of health an administrative reconsideration. The care provider may, in its discretion, continue to employ such person during the pendency of the reconsideration. A care provider may employ the applicant or caregiver if the reconsideration proceeding results in a determination by the department of health that the applicant's or caregiver's nationwide criminal history record inaccurately reflects a disqualifying conviction of a crime specified in Subsection D of this section or that the employment presents no risk of harm to a care recipient or that the conviction does not directly bear upon the applicant's or caregiver's fitness for the employment.

G. The department of health is authorized to adopt [regulations] rules for the administrative reconsideration proceeding available to an applicant or caregiver whose nationwide criminal history record reflects a disqualifying conviction. The [regulations] rules shall take into account the requirements of the Criminal Offender Employment Act.

H. A care provider shall maintain records evidencing compliance with the requirements of this section with respect to all applicants and caregivers employed on or after May 20, 1998.

I. All criminal history records obtained pursuant to this section by the department of health are confidential. No criminal history records obtained pursuant to this section shall be used for any purpose other than determining whether an applicant or caregiver has a criminal conviction that would disqualify him from employment as a caregiver. Except on court order or with the written consent of the applicant or caregiver, criminal records obtained pursuant to this section and the information contained therein shall not be released or otherwise disclosed to any other person or agency. A person who discloses confidential records or information in violation of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.

J. The department of health shall maintain a registry of all applicants who are disqualified from employment or contractual service as caregivers. An applicant's arrest record information shall not be released except upon request of the applicant as provided in the Arrest Record Information Act.

K. A care provider, including its administrators and employees, is not civilly liable to an applicant or a caregiver for a good faith decision to employ, not employ or terminate employment pursuant to the Caregivers Criminal History Screening Act.

L. Failure to comply with the requirements of this section are grounds for the state agency having enforcement authority with respect to the care provider to impose appropriate administrative sanctions and penalties."

Section 67. Section 30-51-3 NMSA 1978 (being Laws 1998, Chapter 113, Section 3) is amended to read:

"30-51-3. REPORTS FILED WITH THE [DEPARTMENT OF PUBLIC SAFETY] NEW MEXICO STATE POLICE--CRIMINAL PENALTIES.--

A. A financial institution in New Mexico that is required to file a report regarding a financial transaction under the provisions of the federal Currency and Foreign Transactions Reporting Act and the [regulations] rules promulgated pursuant to that act shall file a duplicate of that report with the [department of public safety] New Mexico state police; provided, a financial institution that makes a timely filing with an appropriate federal agency shall be deemed to have satisfied the reporting requirements of this subsection.

B. A person engaged in a trade or business in New Mexico who, in the course of the trade or business, receives more than ten thousand dollars ($10,000) in cash in one financial transaction or two or more related financial transactions, and is required to file a report under the provisions of 26 U.S.C. Section 6050I and [regulations] rules promulgated pursuant to that section, shall file a duplicate of that report with the [department of public safety] New Mexico state police; provided, a person who makes a timely filing with an appropriate federal agency shall be deemed to have satisfied the reporting requirements of this subsection.

C. A financial institution, a person engaged in a trade or business or an officer, employee or agent of either who files or keeps a record pursuant to the provisions of this section or who communicates or discloses information or records pursuant to the provisions of this section shall not be liable to its customer or to any person for any loss or damage caused in whole or in part by the making, filing or governmental use of the report or information contained in the report.

D. Any person who releases information received pursuant to the provisions of this section, except in the proper discharge of his official duties, is guilty of a misdemeanor.

E. A person who knowingly:

(1) fails to file a report with the [department of public safety] New Mexico state police required pursuant to the provisions of this section is subject to a fine of not more than ten percent of the value of the financial transaction required to be reported or five thousand dollars ($5,000), whichever is greater; or

(2) provides any false or inaccurate information or knowingly conceals any material fact in a report required pursuant to Subsections A and B of this section is guilty of a fourth degree felony.

F. Notwithstanding any other provision of law, a violation of this section constitutes a separate, punishable offense for each transaction or exemption.

G. Any report, record, information, analysis or request obtained by the [department of public safety] New Mexico state police or other agency pursuant to the provisions of this section is not a public record as defined in Section 14-3-2 NMSA 1978 and is not subject to disclosure pursuant to the provisions of Section 14-2-1 NMSA 1978.

H. A financial institution or person required to file a report pursuant to the provisions of Subsection A or B of this section shall, at the request of the [department of public safety] New Mexico state police, provide the department with access to a copy of the report during the period of time that the financial institution or person is required to maintain the report."

Section 68. Section 32A-2-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

A. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, including the following offenses:

(1) pursuant to municipal traffic codes or the Motor Vehicle Code:

(a) any driving while under the influence of intoxicating liquor or drugs;

(b) any failure to stop in the event of an accident causing death, personal injury or damage to property;

(c) any unlawful taking of a vehicle or motor vehicle;

(d) any receiving or transferring of a stolen vehicle or motor vehicle;

(e) any homicide by vehicle;

(f) any injuring or tampering with a vehicle;

(g) any altering or changing of an engine number or other vehicle identification numbers;

(h) any altering or forging of a driver's license or permit or any making of a fictitious license or permit;

(i) reckless driving;

(j) driving with a suspended or revoked license; or

(k) any offense punishable as a felony;

(2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse. As used in this paragraph, "restaurant" means any establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals. "Restaurant" does not include establishments, as defined in [regulations] rules promulgated by the director of the special investigations division of the [department of public safety] New Mexico state police, that serve only hamburgers, sandwiches, salads and other fast foods;

(3) any felony violation of the provisions of Sections 17-1-1 through 17-5-9 NMSA 1978 or any [regulations] rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped and for which a fine may be imposed or a civil damage awarded;

(4) any violation of Section 30-29-2 NMSA 1978, regarding the illegal use of a glue, aerosol spray product or other chemical substance;

(5) any violation of the Controlled Substances Act;

(6) escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child; or

(7) any violation of Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property;

B. "delinquent child" means a child who has committed a delinquent act;

C. "delinquent offender" means a delinquent child who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender;

D. "detention facility" means a place where a child may be detained under the Children's Code pending court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

E. "felony" means an act that would be a felony if committed by an adult;

F. "misdemeanor" means an act that would be a misdemeanor or petty misdemeanor if committed by an adult;

G. "restitution" means financial reimbursement by the child to the victim or community service imposed by the court and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to a person and lost wages resulting from physical injury, which are a direct and proximate result of a delinquent act. "Restitution" does not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses. As used in this subsection, "victim" means any person who is injured or suffers damage of any kind by an act that is the subject of a complaint or referral to law enforcement officers or juvenile probation authorities. Nothing contained in this definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;

H. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder. A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section; and

I. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:

(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

(b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

(c) kidnapping, as provided in Section

30-4-1 NMSA 1978;

(d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

(e) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

(f) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

(g) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

(h) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(i) robbery, as provided in Section

30-16-2 NMSA 1978;

(j) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

(k) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

(l) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978;

(2) fourteen to eighteen years of age at the time of the offense and adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees are not considered a prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age and adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978."

Section 69. Section 32A-15-3 NMSA 1978 (being Laws 1985, Chapter 103, Section 3 and also by Laws 1985, Chapter 140, Section 3, as amended) is amended to read:

"32A-15-3. CRIMINAL RECORDS CHECK--BACKGROUND CHECKS.--

A. Nationwide criminal record checks shall be conducted of all operators, staff and employees and prospective operators, staff and employees of child-care facilities, including every facility or program having primary custody of children for twenty hours or more per week, juvenile detention, correction or treatment facilities, with the objective of protecting the children involved and promoting the children's safety and welfare while receiving service through such facilities or [program] programs.

B. The department shall conduct a background check of all operators, staff and employees and prospective operators, staff and employees of child-care facilities by submitting a fingerprint card for those [individuals] persons to the [department of public safety] New Mexico state police and the federal bureau of investigation."

Section 70. Section 34-2-9 NMSA 1978 (being Laws 1997, Chapter 198, Section 1) is amended to read:

"34-2-9. APPLICANTS FOR LICENSE TO PRACTICE LAW--CRIMINAL HISTORY INFORMATION.--

A. The supreme court shall require a background investigation of each applicant for admission to the state bar of New Mexico by means of fingerprint checks by the [department of public safety] New Mexico state police and the federal bureau of investigation.

B. The director of the administrative office of the courts shall obtain from the [department of public safety] New Mexico state police and the federal bureau of investigation, at the expense of an applicant for a license to practice law in [the state of] New Mexico, criminal history information concerning each applicant, using the applicant's fingerprints or other identifying information. The information shall be used only by the supreme court and the board of bar examiners in determining whether to grant the application and shall not be disseminated to any other person or agency. The information shall be destroyed after the application is granted or denied."

Section 71. Section 59A-16C-4 NMSA 1978 (being Laws 1998, Chapter 115, Section 4) is amended to read:

"59A-16C-4. SUPERINTENDENT'S DUTIES.--The superintendent shall:

A. initiate inquiries and conduct investigations when the superintendent has reason to believe that insurance fraud may have been or is being committed;

B. respond to notifications or complaints of suspected insurance fraud generated by state and local police or other law enforcement authorities and governmental units, including the federal government and any other person;

C. review notices and reports of insurance fraud submitted by authorized insurers, their employees, agents or producers and select those incidents of alleged fraud that, in his judgment, require further investigation and conduct the investigations;

D. conduct independent investigations and examinations of insurance transactions and alleged insurance fraud, conduct studies to determine the extent of insurance fraud, deceit or intentional misrepresentation of any kind in the insurance process and publish information and reports on [its] his examinations and studies;

E. report incidents of alleged insurance fraud supported by investigations and examinations to the appropriate district attorney and any other appropriate law enforcement, administrative, regulatory or licensing agency and assemble evidence, prepare charges and otherwise assist any prosecutorial authority having jurisdiction over insurance fraud enforcement;

F. assist any official or agency of this state, any other state or the federal government that requests assistance in investigating insurance fraud;

G. maintain records and information in order to produce an annual report of his activities undertaken in connection with carrying out the provisions of the Insurance Fraud Act; and

H. conduct, in cooperation with the attorney general and the [department of public safety] New Mexico state police, public outreach and awareness programs on the costs of insurance fraud to the public and how members of the public can assist themselves, the superintendent and law enforcement officials in preventing and prosecuting insurance fraud."

Section 72. Section 60-2B-4 NMSA 1978 (being Laws 1981, Chapter 259, Section 4, as amended) is amended to read:

"60-2B-4. LICENSING AUTHORITY--POWERS--DUTIES--HEARINGS--APPEALS.--

A. The regulation and licensing department is designated as the "licensing authority" of the Bingo and Raffle Act. The superintendent of regulation and licensing is the executive in charge of enforcement of the terms and provisions of that act and, as the state licensing authority, has the powers and duties as follows:

(1) to grant or refuse licenses under the Bingo and Raffle Act. In addition, the licensing authority has the power, on its own motion based on reasonable grounds or on complaint made and after investigation by the special investigations division of the [department of public safety] New Mexico state police, and public hearing at which the licensee shall be afforded an opportunity to be heard, to assess administrative fines to the licensee and to suspend or revoke any license issued by the licensing authority for any violation by the licensee or any officer, director, agent, member or employee of the licensee of the provisions of that act or any rule [or regulation] authorized under that act. Notice of suspension or revocation, as well as notice of the hearing, shall be given by certified mail to the licensee at the address contained in the license. Any license may be temporarily suspended for a period not to exceed thirty days pending any prosecution, investigation or public hearing;

(2) to supervise the administration of the Bingo and Raffle Act and to adopt, amend and repeal rules [and regulations] governing the holding, operating and conducting of games of chance, the rental of premises and the purchase of equipment to the end that games of chance shall be held, operated and conducted only by licensees for the purposes and in conformity with the constitution of New Mexico and the provisions of that act;

(3) to hear and determine at public hearings all complaints against any licensee and to administer oaths and issue subpoenas to require the presence of persons and production of papers, books and records necessary to the determination of any hearing held;

(4) to keep records of all actions and transactions of the licensing authority;

(5) to prepare and transmit annually, in the form and manner prescribed by the licensing authority pursuant to the provisions of law, a report accounting to the governor and the legislature for the efficient discharge of all responsibilities assigned by law or directive to the licensing authority; and

(6) to issue publications of the licensing authority intended for circulation in quantity outside the executive branch in accordance with fiscal rules promulgated by the licensing authority.

B. Proceedings brought against a licensee for a violation of the Bingo and Raffle Act shall be brought by the licensing authority by serving, in the manner provided in the rules of civil procedure, a complaint upon the licensee and notifying the licensee of the place and date, not less than twenty days after the date of service, at which a hearing shall be held. The complaint shall set forth, in the manner of complaints in civil action, the violations of the Bingo and Raffle Act or the rules [and regulations] of the licensing authority that the licensing authority alleges the licensee has committed. The licensing authority or the [department of public safety] New Mexico state police may stop the operation of a game of chance pending hearing, in which case the hearing shall be held within ten days after notice.

C. The licensing authority shall cause the notice of hearing to be served personally upon an officer of the licensee or the member in charge of the conduct of the game of chance or to be sent by registered or certified mail to the licensee at the address shown in the license.

D. When proceedings are brought against a licensee for a violation of the Bingo and Raffle Act, the licensing authority shall hear the matter and make written findings in support of its decision. The licensee shall be informed immediately of the decision and, in the event of a suspension or revocation, the effective date of the suspension or revocation.

E. For the first violation by a licensee of the Bingo and Raffle Act, the licensing authority may assess an administrative fine of not to exceed one thousand dollars ($1,000). For a second or subsequent violation by the licensee of that act, the licensing authority may assess an administrative fine of not to exceed two thousand five hundred dollars ($2,500). The amount of the administrative fine shall be determined by the severity and nature of the violation of the Bingo and Raffle Act and by the number of prior violations of that act.

F. When a license is ordered suspended or revoked, the licensee shall surrender the license to the licensing authority on or before the effective date of the suspension or revocation. No license is valid beyond the effective date of the suspension or revocation, whether surrendered or not.

G. Upon the finding of a violation of the Bingo and Raffle Act or the rules [and regulations, or both] that would warrant the suspension or revocation of a license, the licensing authority, in addition to any other penalties that may be imposed, may declare the violator ineligible to conduct a game of chance and to apply for a license under that act for a period not exceeding twelve months. The declaration of ineligibility may be extended to include, in addition to the violator, any of its subsidiary organizations, its parent organization or an organization otherwise affiliated with the violator when in the opinion of the licensing authority the circumstances of the violation warrant that action.

H. Upon receipt by a licensee of a complaint signed by the licensing authority and notice of a hearing, the licensee shall answer, in the manner of civil actions, the complaint and inform the licensing authority whether oral argument is desired and whether the licensee desires to produce witnesses.

I. At the request of any party and for good cause shown, the licensing authority or the [department of public safety] New Mexico state police shall issue subpoenas for the attendance of witnesses and the production of books, records and other documents, but in no case shall a subpoena be made returnable more than five days after service.

J. Whenever oral testimony of witnesses is taken at the hearing, the licensing authority or the [department of public safety] New Mexico state police shall have a certified reporter present to prepare a record of the proceedings. The original transcript shall be filed with the licensing authority. Any party is entitled to secure a copy from the reporter at his own expense.

K. Hearings may be convened by the licensing authority from time to time at the request of any party, but only for good cause shown. Hearings shall be held and concluded with reasonable dispatch and without unnecessary delay. The licensing authority shall decide any matter within thirty days of the hearing.

L. Upon the determination of any matter heard, the licensing authority shall state its findings. All parties shall be notified by the licensing authority of the action of the licensing authority and shall be furnished a copy of the findings.

M. Applicants for a license or the licensee may be represented by counsel.

N. Any person appearing before the licensing authority in a representative capacity shall be required to show his authority to act in that capacity.

O. No person shall be excused from testifying or producing any book or document in any investigation or hearing when ordered to do so by the licensing authority upon the ground that testimony or documentary evidence required of him may tend to incriminate or subject him to penalty or forfeiture, but no person may be prosecuted, punished or subjected to any penalty or forfeiture on account of any matter or thing concerning which he, under oath, testified or produced documentary evidence, except that he shall not be exempt from prosecution or punishment for any perjury committed by him in his testimony.

P. If a person subpoenaed to attend in any investigation or hearing fails to obey the command of the subpoena without reasonable cause or if a person in attendance in any investigation or hearing refuses, without lawful cause, to be examined or to answer a legal or pertinent question or to exhibit any book, account, record or other document when ordered to do so by the representative of the licensing authority holding the hearing or by the [department of public safety] New Mexico state police performing the investigation, the licensing authority or the [department of public safety] New Mexico state police may apply to any judge of the district court, upon proof by affidavit of the facts, for an order returnable in not less than five nor more than ten days directing the person to show cause before the judge why he should not comply with the subpoena or order.

Q. Upon return of the order, the judge before whom the matter comes for hearing shall examine the person under oath. If the judge determines after giving the person an opportunity to be heard that he refused without lawful excuse to comply with the subpoena or the order of the licensing authority or the [department of public safety] New Mexico state police holding the investigation, the judge may order the person to comply with the subpoena or order forthwith, and any failure to obey the order of the judge may be punished as a contempt of the district court.

R. Every witness is entitled to be paid for attendance or attendance and travel by the party on whose behalf he is subpoenaed, at the rates prescribed by law, before being required to testify.

S. The decision of the licensing authority in suspending or revoking any license under the Bingo and Raffle Act shall be subject to review. A licensee aggrieved by a decision of the licensing board may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

T. No proceeding to vacate, reverse or modify any final order rendered by the licensing authority shall operate to stay the execution or effect of any final order unless the district court, on application and three days' notice to the licensing authority, allows the stay. In the event a stay is ordered, the petitioner shall be required to execute his bond in a sum the court may prescribe, with sufficient surety to be approved by the judge or clerk of the court, which bond shall be conditioned upon the faithful performance by the petitioner of his obligation as a licensee and upon the prompt payment of all damages arising from or caused by the delay in the taking effect or enforcement of the order complained of and for all costs that may be assessed or required to be paid in connection with the proceedings."

Section 73. Section 60-2E-5 NMSA 1978 (being Laws 1997, Chapter 190, Section 7) is amended to read:

"60-2E-5. GAMING CONTROL BOARD CREATED.--

A. The "gaming control board" is created and consists of five members. Three members are appointed by the governor with the advice and consent of the senate, and two members are ex officio: the chairman of the state racing commission and the chairman of the board of the New Mexico lottery authority. All members of the board shall be residents of New Mexico and citizens of the United States. One appointed member of the board shall have a minimum of five years of previous employment in a supervisory and administrative position in a law enforcement agency; one appointed member of the board shall be a certified public accountant in New Mexico who has had at least five years of experience in public accountancy; and one appointed member of the board shall be an attorney who has been admitted to practice before the supreme court of New Mexico.

B. The appointed members of the board shall be appointed for terms of five years, except, of the members who are first appointed, the member with law enforcement experience shall be appointed for a term of five years; the member who is a certified public accountant shall be appointed for a term of four years; and the member who is an attorney shall be appointed for a term of three years. Thereafter, all members shall be appointed for terms of five years. No person shall serve as a board member for more than two consecutive terms or ten years total.

C. No person appointed to the board may be employed in any other capacity or shall in any manner receive compensation for services rendered to any person or entity other than the board while a member of the board.

D. A vacancy on the board of an appointed member shall be filled within thirty days by the governor with the advice and consent of the senate for the unexpired portion of the term in which the vacancy occurs. A person appointed to fill a vacancy shall meet all qualification requirements of the office established in this section.

E. The governor shall choose a chairman annually from the board's appointed membership.

F. No more than three members of the board shall be from the same political party.

G. The appointed members of the board shall be full-time state officials and shall receive a salary set by the governor.

H. The [department of public safety] New Mexico state police shall conduct background investigations of all members of the board prior to confirmation by the senate. To assist the [department] New Mexico state police in the background investigation, a prospective board member shall furnish a disclosure statement to the [department] New Mexico state police on a form provided by the [department] New Mexico state police containing that information deemed by the [department] New Mexico state police as necessary for completion of a detailed and thorough background investigation. The required information shall include at least:

(1) a full set of fingerprints made by a law enforcement agency on forms supplied by the [department] New Mexico state police;

(2) complete information and details with respect to the prospective board member's antecedents, habits, immediate family, character, criminal record, business activities, financial affairs and business associates covering at least a ten-year period immediately preceding the date of submitting the disclosure statement;

(3) complete disclosure of any equity interest held by the prospective board member or a member of his immediate family in a company that is an applicant or licensee or an affiliate, affiliated company, intermediary company or holding company in respect to an applicant or licensee; and

(4) the names and addresses of members of the immediate family of the prospective board member.

I. No person may be appointed or confirmed as a member of the board if that person or member of his immediate family holds an equity interest in a company that is an applicant or licensee or an affiliate, affiliated company, intermediary company or holding company in respect to an applicant or licensee.

J. A prospective board member shall provide assistance and information requested by the [department of public safety] New Mexico state police or the governor and shall cooperate in any inquiry or investigation of the prospective board member's fitness or qualifications to hold the office to which he is appointed. The senate shall not confirm a prospective board member if it has reasonable cause to believe that the prospective board member has:

(1) knowingly misrepresented or omitted a material fact required in a disclosure statement;

(2) been convicted of a felony, a gaming related offense or a crime involving fraud, theft or moral turpitude within ten years immediately preceding the date of submitting a disclosure statement required pursuant to the provisions of Subsection H of this section;

(3) exhibited a history of willful disregard for the gaming laws of this or any other state or the United States; or

(4) had a permit or license issued pursuant to the gaming laws of this or any other state or the United States permanently suspended or revoked for cause.

K. At the time of taking office, each board member shall file with the secretary of state a sworn statement that he is not disqualified under the provisions of Subsection I of this section."

Section 74. Section 60-2E-11 NMSA 1978 (being Laws 1997, Chapter 190, Section 13) is amended to read:

"60-2E-11. INVESTIGATION OF EXECUTIVE DIRECTOR CANDIDATES AND EMPLOYEES.--

A. A person who is under consideration in the final selection process for appointment as the executive director shall file a disclosure statement pursuant to the requirements of this section, and the board shall not make an appointment of a person as executive director until a background investigation is completed by the [department of public safety] New Mexico state police and a report is made to the board.

B. A person who has reached the final selection process for employment by the executive director shall file a disclosure statement pursuant to the requirements of this section if the executive director or the board has directed the person do so. The person shall not be further considered for employment until a background investigation is completed by the [department of public safety] New Mexico state police and a report is made to the executive director.

C. Forms for the disclosure statements required by this section shall be developed by the board in cooperation with the [department of public safety] New Mexico state police. At least the following information shall be required of a person submitting a statement:

(1) a full set of fingerprints made by a law enforcement agency on forms supplied by the board;

(2) complete information and details with respect to the person's antecedents, habits, immediate family, character, criminal record, business activities and business associates, covering at least a ten-year period immediately preceding the date of submitting the disclosure statement; and

(3) a complete description of any equity interest held in a business connected with the gaming industry.

D. In preparing an investigative report, the [department of public safety] New Mexico state police may request and receive criminal history information from the federal bureau of investigation or any other law enforcement agency or organization. The [department of public safety] New Mexico state police shall maintain confidentiality regarding information received from a law enforcement agency that may be imposed by the agency as a condition for providing the information to the [department] New Mexico state police.

E. A person required to file a disclosure statement shall provide any assistance or information requested by the [department of public safety] New Mexico state police or the board and shall cooperate in any inquiry or investigation.

F. If information required to be included in a disclosure statement changes or if information is added after the statement is filed, the person required to file it shall provide that information in writing to the person requesting the investigation. The supplemental information shall be provided within thirty days after the change or addition.

G. The board shall not appoint a person as executive director, and the executive director shall not employ a person, if the board or the executive director has reasonable cause to believe that the person has:

(1) knowingly misrepresented or omitted a material fact required in a disclosure statement;

(2) been convicted of a felony, a gaming related offense or a crime involving fraud, theft or moral turpitude within ten years immediately preceding the date of submitting a disclosure statement required pursuant to this section;

(3) exhibited a history of willful disregard for the gaming laws of this or any other state or the United States; or

(4) had a permit or license issued pursuant to the gaming laws of this or any other state or the United States permanently suspended or revoked for cause.

H. Both the board and the executive director may exercise absolute discretion in exercising their respective appointing and employing powers."

Section 75. Section 60-3A-3 NMSA 1978 (being Laws 1981, Chapter 39, Section 3, as amended) is amended to read:

"60-3A-3. DEFINITIONS.--As used in the Liquor Control Act:

A. "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol, but excluding medicinal bitters;

B. "beer" means [any] an alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and includes porter, beer, ale and stout;

C. "brewer" means [any] a person who owns or operates a business for the manufacture of beer;

D. "club" means:

(1) any nonprofit group, including an auxiliary or subsidiary group, organized and operated under the laws of this state with a membership of not less than fifty members who pay membership dues at the rate of not less than five dollars ($5.00) per year and who, under the constitution and bylaws of the club, have all voting rights and full membership privileges and which group is the owner, lessee or occupant of premises used exclusively for club purposes and which group the director finds:

(a) is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes; and

(b) the proposed licensee has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended or, if the applicant has not operated as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the director a sworn letter of intent declaring that it will, in good faith, apply for such exemption as soon as it is eligible; or

(2) an airline passenger membership club operated by an air common carrier [which] that maintains or operates a clubroom at an international airport terminal. For the purposes of this paragraph, "air common carrier" means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the civil aeronautics board;

E. "commission" means the [secretary of public safety] New Mexico state police when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the [superintendent of] regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control Act;

F. "department" means the special investigations division of the [department of public safety] New Mexico state police when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the [superintendent of] regulation and licensing department when the term is used in reference to the licensing provisions of the Liquor Control Act;

G. "director" means the director of the special investigations division of the [department of public safety] New Mexico state police when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act and means the superintendent of regulation and licensing when the term is used in reference to the licensing provisions of the Liquor Control Act;

H. "dispenser" means [any] a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises;

I. "distiller" means [any] a person engaged in manufacturing spirituous liquors;

J. "golf course" means a tract of land and facilities used for playing golf and other recreational activities that includes tees, fairways, greens, hazards, putting greens, driving ranges, recreational facilities, patios, pro shops, cart paths and public and private roads that are located within the tract of land;

K. "governing body" means the board of county commissioners of a county or the city council or city commissioners of a municipality;

L. "hotel" means [any] an establishment or complex having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public. The establishment or complex must maintain for the use of its guests a minimum of twenty-five sleeping rooms;

M. "licensed premises" means the contiguous areas or areas connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the structure that are under the direct control of the licensee and from which the licensee is authorized to sell, serve or allow the consumption of alcoholic beverages under the provisions of its license; provided that in the case of a restaurant, hotel, golf course or racetrack, "licensed premises" includes all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course or racetrack;

N. "local option district" means [any] a county [which] that has voted to approve the sale, serving or public consumption of alcoholic beverages, or any incorporated municipality [which] that falls within a county [which] that has voted to approve the sale, serving or public consumption of alcoholic beverages, or any incorporated municipality of over five thousand population [which] that has independently voted to approve the sale, serving or public consumption of alcoholic beverages under the terms of the Liquor Control Act or any former act;

O. "manufacturer" means a distiller, rectifier, brewer or winer;

P. "minor" means [any] a person under twenty-one years of age;

Q. "package" means [any] an immediate container of alcoholic beverages [which] that is filled or packed by a manufacturer or wine bottler for sale by the manufacturer or wine bottler to wholesalers;

R. "person" means an individual, corporation, firm, partnership, copartnership, association or other legal entity;

S. "rectifier" means [any] a person who blends, mixes or distills alcohol with other liquids or substances for the purpose of making an alcoholic beverage for the purpose of sale other than to the consumer by the drink, and includes all bottlers of spirituous liquors;

T. "restaurant" means [any] an establishment having a New Mexico resident as a proprietor or manager [which] that is held out to the public as a place where meals are prepared and served primarily for on-premises consumption to the general public in consideration of payment and [which] that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals; provided that "restaurant" does not include establishments as defined in [regulations] rules promulgated by the director serving only hamburgers, sandwiches, salads and other fast foods;

U. "retailer" means [any] a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his possession with the intent to sell [any] alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises;

V. "spirituous liquors" means alcoholic beverages as defined in Subsection A of this section except fermented beverages such as wine, beer and ale;

W. "wholesaler" means [any] a person whose place of business is located in New Mexico and who sells, offers for sale or possesses for the purpose of sale any alcoholic beverages for resale by the purchaser;

X. "wine" includes the words "fruit juices" and means alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, [which] that do not contain less than one-half of one percent nor more than twenty-one percent alcohol by volume;

Y. "wine bottler" means [any] a New Mexico wholesaler who is licensed to sell wine at wholesale for resale only and who buys wine in bulk and bottles it for wholesale resale;

Z. "winegrower" means [any] a person who owns or operates a business for the manufacture of wine; and

AA. "winer" means a winegrower."

Section 76. Section 60-4B-4.1 NMSA 1978 (being Laws 1993, Chapter 329, Section 1) is amended to read:

"60-4B-4.1. LOCAL LAW ENFORCEMENT--[DEPARTMENT OF PUBLIC SAFETY] NEW MEXICO STATE POLICE--REPORTING REQUIREMENTS--AUTHORITY TO REQUEST INVESTIGATIONS.--

A. Within thirty days following the date of issuance of a citation pursuant to the provisions of the Liquor Control Act, the [department of public safety] New Mexico state police or the law enforcement agency of a municipality or county shall report alleged violations of that act to the alcohol and gaming division of the regulation and licensing department.

B. The director of the alcohol and gaming division of the regulation and licensing department may request the

investigators of the special investigations division of the [department of public safety] New Mexico state police to investigate licensees or activities that the director has reasonable cause to believe are in violation of the Liquor Control Act."

Section 77. Section 60-6C-1 NMSA 1978 (being Laws 1981, Chapter 39, Section 97, as amended) is amended to read:

"60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--

A. The director may suspend or revoke the license or permit or fine the licensee in an amount not more than ten thousand dollars ($10,000), or both, when he finds that any licensee has:

(1) violated any provision of the Liquor Control Act or any [regulation] rule or order promulgated pursuant to that act;

(2) been convicted of a felony pursuant to the provisions of the Criminal Code, the Liquor Control Act or federal law; or

(3) permitted his licensed premises to remain a public nuisance in the neighborhood where it is located after written notice from the director that investigation by the department has revealed that the establishment is a public nuisance in the neighborhood.

B. The director shall suspend or revoke the license or permit and may fine the licensee in an amount not to exceed ten thousand dollars ($10,000), or both, when he finds that any licensee or:

(1) his employee or agent knowingly has sold, served or given any alcoholic beverage to a minor in violation of Section 60-7B-1 NMSA 1978 or to an intoxicated person in violation of Section 60-7A-16 NMSA 1978 on two separate occasions within any twelve-month period; or

(2) his agent has made any material false statement or concealed any material facts in his application for the license or permit granted him pursuant to the provisions of the Liquor Control Act.

C. Any licensee aggrieved by a revocation, suspension or fine proposed to be imposed by the director pursuant to this section shall be entitled to the hearing procedures set forth in Chapter 60, Article 6C NMSA 1978 before the revocation, suspension or fine shall be effective.

D. Any charge filed against a licensee by the department and the resulting disposition of the charge shall be reported to the [department of public safety] New Mexico state police and local law enforcement agencies whose jurisdictions include the licensed establishment."

Section 78. Section 60-6C-4 NMSA 1978 (being Laws 1981, Chapter 39, Section 100, as amended) is amended to read:

"60-6C-4. ADMINISTRATIVE PROCEEDINGS--COMPLAINTS--INVESTIGATION--ORDER TO SHOW CAUSE--SERVICE--HEARINGS.--

A. Whenever a person lodges a signed, written complaint with the department alleging that a licensee has violated any of the provisions of the Liquor Control Act, unless the complaint is deficient on its face, the director shall request that the [department of public safety] New Mexico state police investigate the complaint.

B. The [department of public safety] New Mexico state police shall investigate the complaint and make a written report to the director.

C. If the director believes from the report that probable cause exists for filing charges against the licensee for the revocation or suspension of his license or permit or for fining him, or for both, he or his designee shall file in the department a charge against the licensee in the name of the state, stating the nature of the grounds relied upon for the filing, the approximate date of the alleged violation and the names and addresses of the witnesses who are expected to give testimony or evidence against the licensee.

D. After charges have been filed, the director shall issue a signed order for the licensee to appear at a hearing to explain, on the basis of any ground set out in the charge, why the license should not be revoked or suspended or why the licensee should not be fined, or both.

E. The director shall keep the original of the charge and the order to show cause on file in his office.

F. The director shall appoint a hearing officer no later than ten days prior to the date set for the hearing at which the licensee shall appear to explain why his license should not be revoked or suspended or why the licensee should not be fined, or both.

G. The director shall have a copy of the charge and a copy of the order to show cause sent to the licensee or the licensee's resident agent at the agent's last known address by certified mail at least fourteen days before the date set for the hearing on the order to show cause.

H. At any hearing on an order to show cause, the director shall cause a record of hearing to be made, which shall record:

(1) the style of the proceedings;

(2) the nature of the proceedings, including a copy of the charge and a copy of the order to show cause;

(3) the place, date and time of the hearing and all continuances or recesses of the hearing;

(4) the appearance or nonappearance of the licensee;

(5) if the licensee appears with an attorney, the name and address of the attorney;

(6) a record of all evidence and testimony and a copy or record of all exhibits introduced in evidence;

(7) the findings of fact and law as to whether [or not] the licensee has violated the Liquor Control Act as set out in the charge; and

(8) the decision of the director.

I. If the licensee fails to appear without good cause at the time and place designated in the order to show cause for the hearing, the director shall order the nonappearance of the licensee to be entered in the record of hearing and shall order the license revoked or suspended or the licensee fined, or both, on all the grounds alleged in the charge and shall cause the record of hearing to show the particulars in detail. In such a case, there shall be no reopening, appeal or review of the proceedings.

J. If the licensee admits guilt on all grounds set out in the charge, the director shall order the revocation or suspension of the license or the licensee fined, or both, and cause a record of hearing to be made showing the facts and particulars of his order of revocation or suspension of the license or fine of the licensee, or both. In such a case, there shall be no review or appeal of the proceedings.

K. If the licensee appears at the hearing and does not testify or denies guilt of any [or all] of the grounds set out in the charge, the hearing shall proceed as follows:

(1) the director or the hearing officer shall administer oaths to all witnesses, the department shall cause all testimony and evidence in support of the grounds alleged in the charge to be presented in the presence of the licensee and the director shall allow the licensee or his attorney to cross-examine all witnesses;

(2) the licensee shall be allowed to present testimony and evidence he may have in denial or in mitigation of the grounds set out in the charge;

(3) the department shall have the right to cross-examine the licensee or any witness testifying in his favor;

(4) the department shall present any evidence or testimony in rebuttal of that produced by the licensee;

(5) the director or the hearing officer shall make a finding on each ground alleged and a finding of the guilt or innocence of the licensee on each ground;

(6) if the licensee is found guilty on any ground alleged and proved, the director shall make his order of revocation or suspension of the license or fine of the licensee, or both; and

(7) the rules of evidence shall not be required to be observed, but the order of suspension or revocation or fine, or both, shall be based upon substantial, competent and relevant evidence and testimony appearing in the record of hearing.

L. No admission of guilt, admission against interest or transcript of testimony made or given in any hearing pursuant to this section shall be received or used in any criminal proceedings wherein the licensee is a defendant; provided, however, if the licensee commits perjury in a hearing, the evidence shall be admissible in a perjury trial if otherwise competent and relevant.

M. The director shall adopt reasonable

[regulations] rules setting forth uniform standards of penalties concerning fines and suspensions imposed by the director."

Section 79. Section 60-6E-6 NMSA 1978 (being Laws 1999, Chapter 277, Section 7) is amended to read:

"60-6E-6. SERVER PERMITS--FAILURE TO PRODUCE PROOF.--

A. Every licensee shall maintain on the licensed premises copies of the server permits of the licensee, his lessee, if any, and each server then employed by the licensee or lessee at all times and make copies available to the director and to the agents or employees of the [department of public safety] New Mexico state police upon request.

B. Failure to produce a copy of a server permit is prima facie evidence that a server permit has not been issued and shall subject the licensee to fines and penalties as determined by rule adopted by the director."

Section 80. 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 any motor vehicle with a gross vehicle weight of twelve thousand pounds or more used or reserved for use in the transportation of persons or property for hire, compensation or profit or in the furtherance of a commercial enterprise or any vehicle designed, used or maintained primarily for the transportation of property or for drawing other vehicles so designed, used or maintained;

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 weight attributable thereto shall be included in declared gross weight;

E. "declared gross weight" means maximum gross vehicle weight or combination gross vehicle weight at which a vehicle or combination will be operated during the registration period as declared by the registrant for registration and fee purposes. The vehicle or combination shall have only one "declared gross weight" for all operating considerations;

F. "department", without modification, means the [department of public safety, the secretary of public safety] New Mexico state police, the chief of the New Mexico state police or any employee of the [department] New Mexico state police exercising authority lawfully delegated to that employee by the [secretary] chief;

G. "director" means the [secretary] director of the division;

H. "division" means the motor transportation division of the [department] New Mexico state police;

I. "evidence of registration" means any documentation issued by the taxation and revenue department identifying a motor carrier vehicle as being registered with New Mexico or documentation issued by another state pursuant to the terms of a multistate agreement on registration of vehicles to which this state is a party identifying a motor carrier vehicle as being registered with that state; provided that evidence of payment of the weight distance tax and permits obtained under either the Special Fuels Supplier Tax Act or Trip Tax Act are not "evidence of registration";

J. "field enforcement" or "in the field" means patrolling of the highway, stopping of commercial motor carrier vehicles or establishing ports of entry and roadblocks for the purpose of checking motor carriers and includes similar activities;

K. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor and any trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but the term does not include house trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight;

L. "gross vehicle weight" means the weight of a vehicle without load plus the weight of any load thereon;

M. "motor carrier" means any person or firm that owns, controls, operates or manages any motor vehicle with gross vehicle weight of twelve thousand pounds or more that is used to transport persons or property on the public highways of this state;

N. "motor vehicle" means any vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;

O. "one-way rental fleet" means two or more vehicles each having a gross vehicle weight of under twenty-six thousand one pounds and rented to the public without a driver;

P. "person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; "person" also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or an agency, department or instrumentality thereof; "person" also includes an officer or employee of a corporation, a member or employee of a partnership or any individual who, as such, is under a duty to perform any act in respect of which a violation occurs;

Q. "properly registered" means bearing the lawfully issued and currently valid evidence of registration of this or another jurisdiction, regardless of the owner's residence, except in those cases where the evidence has been procured by misrepresentation or fraud;

R. "public highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;

S. "secretary" or "chief" means the [secretary of public safety] chief of the New Mexico state police and, except for the purposes of 65-1-33 NMSA 1978, also includes [the deputy secretary and any division director] employees delegated by the [secretary] chief;

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 81. Section 66-1-4.1 NMSA 1978 (being Laws 1990, Chapter 120, Section 2, as amended) is amended to read:

"66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "abandoned vehicle" means a vehicle or motor vehicle that has been determined by a New Mexico law enforcement agency:

(1) to have been left unattended on either public or private property for at least thirty days;

(2) not to have been reported stolen;

(3) not to have been claimed by any person asserting ownership; and

(4) not to have been shown by normal record checking procedures to be owned by any person;

B. "access aisle" means a space designed to allow a person with severe mobility impairment to safely exit and enter a motor vehicle and that is immediately adjacent to a designated disabled parking space and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width, and clearly marked with blue striping;

C. "additional place of business", for dealers and wreckers of vehicles, means locations in addition to an established place of business as defined in Section 66-1-4.5 NMSA 1978 and meeting all the requirements of an established place of business, except Paragraph (5) of Subsection B of Section 66-1-4.5 NMSA 1978, but "additional place of business" does not mean a location used solely for storage and that is not used for wrecking, dismantling, sale or resale of vehicles;

D. "alcoholic beverages" means any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol but excluding medicinal bitters; and

E. "authorized emergency vehicle" means any fire department vehicle, police vehicle, ambulance and any emergency vehicles of municipal departments or public utilities that are designated or authorized as emergency vehicles by the [director] chief of the New Mexico state police [division of the department of public safety] or local authorities."

Section 82. Section 74-4-4.7 NMSA 1978 (being Laws 1992, Chapter 43, Section 4) is amended to read:

"74-4-4.7. PERMIT APPLICANT DISCLOSURE.--

A. Every applicant for a permit pursuant to the Hazardous Waste Act shall file a disclosure statement with the department with the information required by, and on a form developed by, the department in cooperation with the [department of public safety] New Mexico state police, at the same time the applicant files the application for a permit with the secretary.

B. Upon the request of the secretary, the [department of public safety] New Mexico state police shall prepare and transmit to the secretary an investigative report on the applicant based in part upon the disclosure statement. The report shall be prepared and transmitted within ninety days after the receipt of a copy of an applicant's disclosure statement from the department. Upon good cause, the ninety days may be extended for a reasonable period of time by the secretary.

C. In preparing the investigative report, the [department of public safety] New Mexico state police may request and receive criminal history information on the applicant from the federal bureau of investigation or any other law enforcement agency or organization. While the investigative report is being prepared by the [department of public safety] New Mexico state police, the secretary may also request information regarding any person who will be or could reasonably be expected to be involved in management activities of the hazardous waste facility or any person who has a controlling interest in any permittee. The [department of public safety] New Mexico state police shall maintain confidentiality regarding the information received from a law enforcement agency as may be imposed by that agency as a condition for providing that information to the [department of public safety] New Mexico state police.

D. All persons required to file a disclosure shall provide any assistance or information requested by the [department of public safety] New Mexico state police or the secretary and shall cooperate in any inquiry or investigation conducted by the [department of public safety] New Mexico state police or any inquiry, investigation or hearing conducted by the secretary. Nothing in this section shall be construed to waive a person's constitutional right against self-incrimination.

E. If any of the information required to be included in the disclosure statement changes or if any information is added after filing the statement, the person required to file it shall provide that information in writing to the secretary within thirty days after the change or addition. Failure to provide the information within thirty days may constitute the basis for the revocation of, or denial of an application for, any permit issued or applied for in accordance with Section 74-4-4.2 NMSA 1978, but only if, prior to any denial or revocation, the secretary notifies the applicant or permittee of the secretary's intention to do so and gives the applicant or permittee fourteen days from the date of the notice to explain why the information was not provided within the required thirty-day period. The secretary shall consider this information when determining whether to revoke or deny the permit.

F. No person shall be required to submit the disclosure statement required by this section if the person is:

(1) the United States or any agency or instrumentality of the United States;

(2) a state or any agency or political subdivision of a state; or

(3) a corporation or an officer, director or shareholder of that corporation and that corporation:

(a) has on file and in effect with the federal securities and exchange commission a registration statement required under Section 5, Chapter 38, Title 1 of the federal Securities Act of 1933, as amended;

(b) submits to the secretary with the application for a permit evidence of the registration described in Subparagraph (a) of this paragraph and a copy of the corporation's most recent annual form 10-K or an equivalent report; and

(c) submits to the secretary on the annual anniversary of the date of the issuance of any permit it holds pursuant to the Hazardous Waste Act evidence of registration described in Subparagraph (a) of this paragraph and a copy of the corporation's most recent annual form 10-K or an equivalent report."

Section 83. Section 74-4B-3 NMSA 1978 (being Laws 1983, Chapter 80, Section 3, as amended by Laws 1997, Chapter 152, Section 1 and also by Laws 1997, Chapter 231, Section 1) is amended to read:

"74-4B-3. DEFINITIONS.--As used in the Emergency Management Act:

A. "accident" means an event involving hazardous materials that may cause injury to persons or damage to property or release hazardous materials to the environment;

B. "administrator" means the hazardous materials emergency response administrator;

C. "board" means the hazardous materials safety board;

D. "chief" means the chief of the New Mexico state police;

E. "commission" means the state emergency response commission;

F. "department" means the [department of public safety] New Mexico state police;

G. "emergency management" means the ability to prepare for, respond to, mitigate, recover and restore the scene of an institutional, industrial, transportation or other accident;

H. "first responder" means the first law enforcement officer or other public service provider with a radio-equipped vehicle to arrive at the scene of an accident;

I. "hazardous materials" means hazardous substances, radioactive materials or a combination of hazardous substances and radioactive materials;

J. "hazardous substances" means flammable solids, semisolids, liquids or gases; poisons; corrosives; explosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents, but does not include radioactive materials;

K. "orphan hazardous materials" means hazardous substances, radioactive materials, a combination of hazardous substances and radioactive materials or substances used in the manufacture of controlled substances in violation of the Controlled Substances Act where an owner of the substances or materials cannot be identified;

L. "plan" means the statewide hazardous materials emergency response plan;

M. "radioactive materials" means any material or combination of materials that spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material are not considered to be radioactive materials unless determined to be so by the hazardous and radioactive materials bureau of the water and waste management division of the department of environment for purposes of emergency response pursuant to the Emergency Management Act;

N. "responsible state agency" means an agency designated in Subsection D of Section 74-4B-5 NMSA 1978 with responsibility for managing a certain type of accident or performing certain functions at the scene of such accident;

O. "secretary" or "chief" means the [secretary of public safety] chief of the New Mexico state police; and

P. "task force" means the emergency management task force."

Section 84. Section 74-6-5.1 NMSA 1978 (being Laws 1993, Chapter 291, Section 12) is amended to read:

"74-6-5.1. DISCLOSURE STATEMENTS.--

A. The commission by [regulation] rule may require every applicant for a permit to dispose or use septage or sludge, or within a source category designated by the commission, to file with the appropriate constituent agency a disclosure statement. The disclosure statement shall be submitted on a form developed by the commission and the [department of public safety] New Mexico state police. The commission in cooperation with the [department of public safety] New Mexico state police shall determine the information to be contained in the disclosure statement. The disclosure statement shall be submitted to the constituent agency at the same time that the applicant files an application for a permit pursuant to Section 74-6-5 NMSA 1978. The commission shall adopt [regulations] rules designating additional categories of sources subject to the disclosure requirements of this section as it deems appropriate and necessary to carry out the purposes of this section.

B. Upon a request by the constituent agency, the [department of public safety] New Mexico state police shall prepare and transmit to the constituent agency an investigative report on the applicant within ninety days after the [department of public safety] New Mexico state police receives an administratively complete disclosure statement prepared by the applicant for a permit. The investigative report shall be based in part upon the disclosure statement. The ninety-day deadline for preparing the investigative report may be extended by the constituent agency for a reasonable period of time for good cause. The [department of public safety] New Mexico state police in preparing the investigative report may request and receive criminal history information from any other law enforcement agency or organization. The constituent agency may also request information regarding a person who will be or could reasonably be expected to be involved in management activities of the permitted facility or a person who has a controlling interest in a permitted facility. The information received from a law enforcement agency shall be kept confidential by the [department of public safety] New Mexico state police to the extent that confidentiality is imposed by the law enforcement agency as a condition for providing the information to the constituent agency or the commission.

C. All persons required to file a disclosure statement shall provide any assistance or information requested by the constituent agency or the [department of public safety] New Mexico state police and shall cooperate in any inquiry or investigation conducted by the [department of public safety] New Mexico state police. If a person required to file a disclosure statement refuses to comply with a formal request to answer an inquiry or produce information, evidence or testimony, the application of the applicant or the permit of the permittee shall be denied or terminated by the constituent agency.

D. If the information required to be included in the disclosure statement changes or if additional information should be added after the filing of the disclosure statement, the person required to file the disclosure statement shall provide the information to the constituent agency in writing within thirty days after the change or addition. Failure to provide the information within thirty days shall constitute the basis for the termination of a permit or denial of an application for a permit. Prior to terminating a permit or denying an application for a permit, the constituent agency shall notify the permittee or applicant of the constituent agency's intent to terminate a permit or deny an application and the constituent agency shall give the permittee or applicant fourteen days from the date of notice to satisfactorily explain why the information was not provided within the thirty-day period. The constituent agency shall consider the explanation of the permittee or applicant when determining whether to terminate the permit or deny the application for a permit.

E. No person shall be required to submit the disclosure statement required by this section if:

(1) the application is for a facility owned and operated by the state, a political subdivision of the state or an agency of the federal government or for the permitted disposal or use of septage or sludge on the premises where the sludge or septage is generated;

(2) the person has submitted a disclosure statement pursuant to this section within the previous year and no changes have occurred that would require disclosure [under] as provided in Subsection D of this section; or

(3) the person is a corporation or an officer, director or shareholder of that corporation and that corporation:

(a) has on file and in effect with the federal securities and exchange commission a registration statement required by Section 5, Chapter 38, Title 1 of the Securities Act of 1933, as amended;

(b) submits to the constituent agency with the application for a permit evidence of the registration described in Subparagraph (a) of this [subsection] paragraph and a copy of the corporation's most recent annual form 10-K or an equivalent report; and

(c) submits to the constituent agency on the anniversary date of the issuance of the permit evidence of registration described in Subparagraph (a) of this [subsection] paragraph and a copy of the corporation's most recent annual form 10-K or an equivalent report.

F. Permit decisions made pursuant to this section shall be subject to the procedures established in Section

74-6-5 NMSA 1978, including notice and appeals."

Section 85. Section 74-9-21 NMSA 1978 (being Laws 1990, Chapter 99, Section 21) is amended to read:

"74-9-21. PERMIT APPLICANT DISCLOSURE.--

A. Every applicant for a permit shall file a disclosure statement with the information required by and on a form developed by the division in cooperation with the [department of public safety] New Mexico state police at the same time he files his application for a permit with the director.

B. Upon request of the director, the [department of public safety] New Mexico state police shall, within ninety days after receipt of the disclosure statement from an applicant for a permit, prepare and transmit to the director an investigative report on the applicant, based in part upon the disclosure statement, except that this deadline may be extended for a reasonable period of time, for good cause, by the director. In preparing this report, the [department of public safety] New Mexico state police may request and receive criminal history information from the federal bureau of investigation and any other law enforcement agency or organization. The director may also request information under this subsection regarding any person who will be or could reasonably be expected to be involved in management activities of the solid waste facility or any person who has a controlling interest in any permittee. The [department of public safety] New Mexico state police shall provide such confidentiality regarding the information received from a law enforcement agency as may be imposed by that agency as a condition for providing that information to the [department] New Mexico state police.

C. All persons required to file a disclosure statement shall provide any assistance or information requested by the director or the [department of public safety] New Mexico state police and shall cooperate in any inquiry or investigation conducted by the [department] New Mexico state police and any inquiry, investigation or hearing conducted by the director. If, upon issuance of a formal request to answer any inquiry or produce information, evidence or testimony, any person required to file a disclosure statement refuses to comply, the application of an applicant or the permit of a permittee may be denied or revoked by the director.

D. If any of the information required to be included in the disclosure statement changes or if any additional information should be added after the filing of the statement, the person required to file it shall provide that information to the director in writing within thirty days after the change or addition. The failure to provide such information within thirty days may constitute the basis for the revocation of or denial of an application for any permit issued or applied for in accordance with Section [24 of the Solid Waste Act] 74-9-24 NMSA 1978, but only if, prior to any such denial or revocation, the director notifies the applicant or permittee of the director's intention to do so and gives the applicant or permittee fourteen days from the date of the notice to explain why the information was not provided within the required thirty-day period. The director shall consider this information when determining whether to revoke or deny the permit.

E. No person shall be required to submit the disclosure statement required by this section if the person is a corporation or an officer, director or shareholder of that corporation and that corporation:

(1) has on file and in effect with the federal securities and exchange commission a registration statement required under Section 5, Chapter 38, Title 1 of the Securities Act of 1933, as amended, 15 U.S.C. Section 77e (c);

(2) submits to the director with the application for a permit evidence of the registration described in Paragraph (1) of this subsection and a copy of the corporation's most recent annual form 10-K or an equivalent report; and

(3) submits to the director on the anniversary of the date of the issuance of any permit it holds under the Solid Waste Act evidence of registration described in Paragraph (1) of this subsection and a copy of the corporation's most recent annual form 10-K or an equivalent report."

Section 86. TEMPORARY PROVISION--TRANSFERS OF PERSONNEL, FUNCTIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, all personnel, functions, appropriations, money, records, furniture, equipment and other property belonging to or allocated to the New Mexico state police division, the special investigations division, the motor transportation division and the technical and emergency support division of the department of public safety shall be transferred to the New Mexico state police.

B. On the effective date of this act, all contractual obligations of the New Mexico state police division, the special investigations division, the motor transportation division and the technical and emergency support division of the department of public safety shall be binding on the New Mexico state police.

C. On the effective date of this act, all references in the law to the New Mexico state police division of the department of public safety shall be construed to be references to the New Mexico state police; all references in the law to the director of the New Mexico state police division of the department of public safety shall be construed to be references to the chief of the New Mexico state police. All references in the law to the special investigations division of the department of public safety shall be construed to be references to the special investigations division of the New Mexico state police. All references in the law to the motor transportation division of the department of public safety shall be construed to be references to the motor transportation division of the New Mexico state police. All references in the law to the technical and emergency support division of the department of public safety shall be construed to be references to the technical and emergency support division of the New Mexico state police.

D. On the effective date of this act, all personnel, functions, appropriations, money, records, furniture, equipment and other property belonging to or allocated to the training and recruiting division of the department of public safety shall be transferred to the New Mexico law enforcement academy.

E. On the effective date of this act, all contractual obligations of the training and recruiting division of the department of public safety shall be binding on the New Mexico law enforcement academy.

F. On the effective date of this act, all references in the law to the training and recruiting division of the department of public safety shall be construed to be references to the New Mexico law enforcement academy.

G. The New Mexico state police and the New Mexico law enforcement academy shall provide for the equitable distribution of functions and property of the administrative services division and the office of the secretary of the department of public safety and any other property that had not belonged to or been allocated to the divisions identified in Subsections A and D of this section. The distribution of functions and property shall be done in such a manner that all state law enforcement functions and property shall be transferred to the New Mexico state police. If the department of public safety computer systems cannot be distributed to the two agencies, either because of financial constraints or system design, the agencies shall share the department systems until new systems can be provided. The New Mexico state police shall be in charge of those computer systems and shall ensure that the New Mexico law enforcement academy is provided adequate use of the systems.

Section 87. REPEAL.--Sections 9-19-1 through 9-19-11 and 29-4-11 NMSA 1978 (being Laws 1987, Chapter 254, Sections 1 through 6, Laws 1989, Chapter 72, Section 1, Laws 1987, Chapter 254, Sections 7 through 10 and 12 and Laws 1939, Chapter 213, Section 12, as amended) are repealed.

Section 88. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.