SENATE BILL 261

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Ben D. Altamirano

AN ACT

RELATING TO LAW ENFORCEMENT; PROVIDING FOR THE ORGANIZATION, POWERS AND ADMINISTRATION OF THE MOTOR TRANSPORTATION DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY.

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

     Section 1. A new section of Chapter 65 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DIVISION ORGANIZED.--There is organized in the department the "motor transportation division"."

     Section 2. A new section of Chapter 65 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in Sections 1 through 8 of this act:

          A. "director" means the director of the division;

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

          C. "division" means the motor transportation division of the department;

          D. "officer" means a commissioned officer of the division;

          E. "personnel board" means the personnel board created in the Personnel Act; and

          F. "secretary" means the secretary of public safety."

     Section 3. A new section of Chapter 65 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DIVISION--ORGANIZATION.--The division shall consist of a director, deputy director, majors, captains, lieutenants, sergeants, patrol officers and noncommissioned personnel according to the Personnel Act within the limits of the funds appropriated for the division."

     Section 4. A new section of Chapter 65 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] APPOINTMENTS--REMOVAL.--The secretary shall appoint the director. The director shall serve at the pleasure of the secretary. The director is the executive officer of the division and shall be subject to the control, supervision and direction of the secretary. All officers and civilian employees of the division shall be appointed by the director according to personnel board rules."

     Section 5. A new section of Chapter 65 NMSA 1978 is enacted to read:

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

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

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

          C. pass a physical examination and any other examination the department may require; and

          D. hold a high school diploma or the equivalent."

     Section 6. A new section of Chapter 65 NMSA 1978 is enacted to read:

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

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

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

     Section 7. A new section of Chapter 65 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COMMISSIONS--SALARY.--

          A. The director shall commission officers.

          B. The personnel board shall determine the pay band assignments for officers."

     Section 8. A new section of Chapter 65 NMSA 1978 is enacted to read:

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

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