SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 275

49th legislature - STATE OF NEW MEXICO - second session, 2010

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; CREATING A MOTOR VEHICLE CODE WARNING NOTICE FEE; CREDITING WARNING NOTICE FEES TO THE STATE POLICE RECRUITING FUND; PROVIDING FOR SUSPENSION OF DRIVER'S LICENSES FOR FAILURE TO PAY A WARNING NOTICE FEE; CREATING THE STATE POLICE RECRUITING FUND; PROVIDING A PURPOSE FOR THE STATE POLICE RECRUITING FUND; MAKING AN APPROPRIATION.

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

     Section 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] WARNING FEE--PAYMENT--SUSPENSION OF DRIVER'S LICENSE FOR NONPAYMENT--STATE POLICE RECRUITING FUND CREATED--APPROPRIATION.--

          A. A person receiving a warning notice on a uniform traffic citation used by any law enforcement agency shall be assessed a warning notice fee of twenty-five dollars ($25.00), which shall be credited to the state police recruiting fund.

          B. Except as provided in Subsection D of this section, receipt of a warning notice pursuant to this section shall not subject the recipient to the provisions of Section 66-5-30 NMSA 1978 or rules promulgated pursuant to that section.

          C. A person's signed acknowledgment of receipt of a warning notice shall be a promise to pay the warning notice fee in the same manner and time frame as for payment of a penalty assessment pursuant to Section 66-8-117 NMSA 1978.

          D. A person's failure to timely pay the warning notice fee shall subject the person to:

                (1) suspension of the person's permit or license pursuant to Section 66-5-30 NMSA 1978 as if the person had failed to pay a penalty assessment; or

                (2) a magistrate or municipal court sanction for failure to pay a fee of similar monetary value.

          E. The "state police recruiting fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978, and all income earned on the fund shall be credited to the fund. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety.

          F. The state police recruiting fund shall be used by the training and recruiting division of the department of public safety to recruit personnel for the New Mexico state police division of that department.

          G. All money credited to the state police recruiting fund is appropriated to the department of public safety for the purpose of carrying out the provisions of Subsection F of this section and shall not revert to the general fund."

- 3 -