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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:

"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:

"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."

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Section 3. A new section of Chapter 65 NMSA 1978 is

enacted to read:

"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:

"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:

"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

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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:

"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:

"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

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enacted to read:

"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."