HOUSE BILL 194

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO MOTOR CARRIERS; ELIMINATING THE MOTOR CARRIER EXCEPTION FROM STATE ANTITRUST LAWS; ELIMINATING THE REQUIREMENT FOR A CERTIFICATE, PERMIT OR TARIFF FOR MOTOR CARRIERS OF HOUSEHOLD GOODS; LIMITING PROTESTS AND STREAMLINING THE FILING OF TARIFFS AND APPLICATIONS FOR CERTIFICATES AND PERMITS BY MOTOR CARRIERS OF PASSENGERS OTHER THAN AMBULANCES; PROVIDING FOR THE TRANSITION OF CERTAIN MOTOR CARRIER CERTIFICATES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 65-2A-1 NMSA 1978 (being Laws 2003, Chapter 359, Section 1) is amended to read:

     "65-2A-1. SHORT TITLE.--[Sections 1 through 40 of this act] Chapter 65, Article 2A NMSA 1978 may be cited as the "Motor Carrier Act"."

     SECTION 2. Section 65-2A-2 NMSA 1978 (being Laws 2003, Chapter 359, Section 2) is amended to read:

     "65-2A-2. [TRANSPORTATION] POLICY AND PURPOSE.--

          A. It is the policy of this state to foster the development, coordination and preservation of a safe, sound and adequate motor carrier system, requiring financial responsibility and accountability on the part of motor carriers [providing for economic regulation of motor carriers of persons and household goods and towing services performing nonconsensual tows and by streamlining and promoting uniformity of state] by the licensing and regulation of motor carriers.

          B. The purpose of the Motor Carrier Act is to provide for uniform statewide licensing and regulation of motor carriers for financial responsibility, public safety and consumer protection and to promote competition, business formation and job creation."

     SECTION 3. Section 65-2A-3 NMSA 1978 (being Laws 2003, Chapter 359, Section 3, as amended) is amended to read:

     "65-2A-3. DEFINITIONS.--As used in the Motor Carrier Act:

          A. "ambulance service" means the intrastate transportation of sick or injured persons in an ambulance meeting the standards established by the commission under the Ambulance Standards Act;

          [A.] B. "amendment" means a permanent change in the type of service or territory or terms of service authorized by an existing certificate [or], permit or tariff;

          [B.] C. "antitrust laws" means the laws of this state relating to combinations in restraint of trade;

          [C.] D. "base state" means the registration state for an interstate motor carrier that either is subject to regulation or is transporting commodities exempt from regulation by the federal motor carrier safety administration pursuant to the [single state] unified carrier registration system;

          [D.] E. "cancellation" means the voluntary, permanent termination of all or part of an operating authority;

          [E.] F. "certificate" means the [operating] authority issued by the commission to [intrastate common motor carriers of persons or household goods] a person that authorizes that person to offer and provide a certificated service as a motor carrier;

          G. "certificated service" means an ambulance service, a shuttle service, a specialized passenger service or a taxicab service;

          [F.] H. "change in a certificate or permit" means the voluntary amendment, cancellation, [change in tariff] change in form of [ownership] legal entity of the holder, lease, reinstatement, transfer or voluntary suspension of a certificate or permit;

          [G. "change of name" means a change in the legal name of the owner of an operating authority or in the does-business-as name of the motor carrier, but does not include a change in the form of ownership;]

           I. "charter service" means the compensated transportation of a group of persons in a motor vehicle who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle and driver, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin;

          [H.] J. "commission" means the public regulation commission;

          [I. "common control" means control of more than one operating authority of the same kind for the same or overlapping territory;

          J. "common motor carrier" means a person offering compensated transportation by motor vehicle to the general public, whether over regular or irregular routes, or under scheduled or unscheduled service, but does not include commuter services;

          K. "common tariff" means a tariff applying to two or more common motor carriers;

          L.] K. "commuter service" means [a person who provides seven- to fifteen-passenger motor vehicles] the intrastate transportation of passengers in motor vehicles having a capacity of seven to fifteen persons, including the driver, provided to a volunteer-driver commuter group that shares rides to and from the workplace or training site, where participation is open to the public and incidental to the primary work or training-related purposes of the commuter group, and where the volunteer drivers have no employer-employee relationship with the commuter service;

          [M. "contract motor carrier" means a person offering compensated transportation by motor vehicle under individual agreements with particular customers or shippers;

          N. "control" means the power to direct or cause the direction of the management and policies of a motor carrier deriving from:

                (1) ownership of a sole proprietorship, if the operating authority is held by an individual as a sole proprietor;

                (2) ownership of ten percent or more of the voting stock of the corporation, if the operating authority is held by a corporation;

                (3) a partnership interest in a general partnership, if the operating authority is held by a general partnership;

                (4) an interest in a limited partnership of ten percent or more of the total value of contributions made to the limited partnership, or entitlement to ten percent or more of the profits earned or other compensation paid by the limited partnership, if the operating authority is held by a limited partnership;

                (5) a membership interest of ten percent or more in a limited liability company, if the operating authority is held by a limited liability company; or

                (6) capacity as a trustee, personal representative or other person with a fiduciary duty to a motor carrier;

          O. "electronic filing" means submission of a document by facsimile, electronic mail or other electronic transmission;]

          L. "continuous and adequate service" for a certificated service means:

                (1) for full-service carriers, reasonably continuous availability, offering and provision of transportation services through motor vehicles, equipment and resources reasonably adequate to serve the entire full-service territory authorized in the certificate and to respond reasonably to all requests for service for the type of passenger service authorized, based on the nature of public need, expense and volume of demand for the type of service authorized during seasonal periods; and

                (2) for general-service carriers, reasonably continuous availability and offering of transportation services through motor vehicles, equipment and resources of the carrier and solicitation of business throughout the territory, for the type of transportation service authorized in the certificate;

          M. "endorsement" means the specification in a certificate of the territory in which the carrier is authorized to operate, the nature of service to be provided by a certificated passenger service and additional terms of service that may be reasonably granted or required by the commission for the particular authority granted;

          N. "fare" means the full compensation charged for transportation by a tariffed passenger service;

          [P.] O. "financial responsibility" means the ability to respond in damages for liability arising out of the ownership, maintenance or use of a motor vehicle in the provision of transportation services;

          P. "fit" means:

                (1) that an applicant or carrier is in compliance with the Motor Carrier Act and relevant rules of the commission; and

                (2) in the case of an applicant for a certificate or a certificated carrier, that the applicant or carrier can provide reasonably continuous and adequate transportation service of the type required in the territory authorized or sought to be authorized;

          Q. "for hire" means that transportation is offered or provided to the public for remuneration, compensation or reward, paid or promised, either directly or indirectly;

          R. "full service" means one of the following certificated passenger services that are endorsed and required to meet specific standards for the provision of service to or throughout a community:

                (1) an ambulance service;

                (2) a scheduled shuttle service; or

                (3) a municipal taxicab service;

          S. "general service" means one of the following certificated services that provides transportation services of the type authorized but is not required to provide unprofitable or marginally profitable carriage:

                (1) a general shuttle service;

                (2) a general taxicab service; or

                (3) a specialized passenger service;

          T. "general shuttle service" means a shuttle service that is not required to operate on a set schedule, that may optionally use a grid map to specify distant or adjacent terminal areas and that is not required to accept passengers other than prearranged passengers;

          U. "general taxicab service" means a taxicab service that need not be dispatched, that may pick up on-demand passengers through flagging or at a taxicab stand or queue, that need not deploy vehicles in a particular manner and that may charge for trips outside its certificated territories on the basis of a set fare;

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

          W. "holder of an operating authority" means the grantee of the operating authority or a person or entity that currently holds all or part of the authority granted through a transfer by operation of law pursuant to rule of the commission;

          [R.] X. "household goods" means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling and other similar property as the federal motor carrier safety administration may provide by regulation but shall not include property moving to or from a factory or store, other than property the householder has purchased to use in the householder's dwelling that is transported at the request of, and the transportation charges are paid to the carrier by, the householder;

          Y. "household goods service" means the intrastate transportation, packing and storage of household goods for hire;

          [S.] Z. "incidental carrier" means a motor carrier [of persons] that transports passengers using vehicles designed to transport sixteen or more [passengers] persons, including the driver, and for which the customer pays either directly or indirectly;

          [T.] AA. "interested person" means a motor carrier operating [over the routes or] in the territory involved in an application or grant of temporary authority, a person affected by an order of the commission or a rule proposed for adoption by the commission or a person the commission may deem interested in a particular matter;

          [U.] BB. "interstate motor carrier" means a person providing compensated transportation in interstate commerce, whether or not the person is subject to regulation by the federal motor carrier safety administration;

          [V.] CC. "intrastate motor carrier" means a [person] motor carrier offering or providing [compensated] transportation for hire by motor vehicle between points and places in the state;

          [W.] DD. "involuntary suspension" means the temporary cessation of use of all or part of an operating authority ordered by the commission for cause for a stated period of time or pending compliance with certain conditions;

          [X. "irregular route" means that the route to be used by a motor carrier is not restricted to a specific highway within the territory the motor carrier is authorized to serve;

          Y.] EE. "lease of a certificate or permit" means an agreement by which the [owner] holder of a certificate or permit grants to another person the exclusive right to use all or part of the certificate or permit for a specified period of time in exchange for consideration;

          [Z. "lease of equipment" means an agreement whereby a motor carrier obtains equipment owned by another for use by the motor carrier in the exercise of its operating authority;

          AA.] FF. "motor carrier" or "carrier" means a person offering [compensated] or providing ground transportation of persons, [or] property or household goods for hire by motor vehicle, whether in intrastate or interstate commerce;

          [BB. "motor carrier organization" means an organization approved by the commission to discuss and propose a common tariff for a group of motor carriers or to represent motor carriers that have adopted the common tariff;

          CC. "motor carrier of persons" means a person who provides compensated transportation of persons on a highway in the state;

          DD.] GG. "motor vehicle" [means a vehicle] or "vehicle" means any type of vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used on a highway in the ground transportation of property, household goods or persons but does not include a vehicle, locomotive or car operated exclusively on rails;

          HH. "municipal taxicab service" means a taxicab service that deploys vehicles at all times of the day and year and is centrally dispatched and reasonably responds to all calls for service within its endorsed full-service territory, regardless of the profitability of an individual trip, in addition to the transportation service provided by a general taxicab service;

          II. "nature of service" means the type of transportation service to be provided by a certificated passenger service set forth in Subsection A of Section 65-2A-8 NMSA 1978;

          [EE.] JJ. "nonconsensual tow" means the compensated transportation of a motor vehicle by a towing service, if such transportation is performed at the request of a law enforcement officer or without the prior consent or authorization of the owner or operator of the motor vehicle;

          KK. "notice period" means the period of time specified in Subsection A of Section 65-2A-6 NMSA 1978 following publication of notice during which the commission may not act on an application, except as otherwise provided in the Motor Carrier Act;

          LL. "objection" means a document filed with the commission by an interested person or a member of the public during the notice period for an application for a certificate or a permit, or for amendment, lease or transfer of a certificate or permit, that expresses an objection to, or provides information concerning, the matter before the commission;

          [FF.] MM. "operating authority" means a certificate, permit, warrant [single trip ticket, single state registration receipt] or temporary authority issued by the commission to a motor carrier;

          NN. "passenger" means a person other than the driver of a motor vehicle transported in a motor vehicle, including patients and other riders carried in an ambulance;

          OO. "passenger service" means a transportation service offered or provided for the transportation of passengers by motor vehicle;

          [GG.] PP. "permit" means the [operating] authority issued by the commission to [intrastate contract motor carriers of persons or household goods] a person that authorizes that person to offer and provide a permitted service as a motor carrier;

          QQ. "permitted service" means the intrastate transportation of passengers for hire pursuant to a contract between the motor carrier and another person;

          RR. "predatory rate or practice" means the knowing and willful requirement by a carrier that a passenger or shipper pay a rate, fare or other charge in excess of the rates and charges, or in a manner other than in accordance with terms of service, as provided by law, as provided in a tariff governing the carrier or as provided in a preexisting written contract, when such charge is made:

                (1) by a passenger carrier as a prior condition for the provision of transportation or continued transportation of a passenger; or

                (2) as a prior condition by a carrier of property, a towing service carrier or a household goods service carrier for delivery of, release of or access to the property, vehicles or household goods by the shipper or registered owner of the property;

          [HH.] SS. "process" means an order, subpoena or notice issued by the commission or an order, subpoena, notice, writ or summons issued by a court;

          [II.] TT. "property" means movable articles of value, including cadavers, hazardous matter, farm products, livestock feed, stock salt, manure, wire, posts, dairy products, livestock hauled in lots of twenty-five thousand pounds or more, farm or ranch machinery and the items transported by a towing service but does not include household goods or unprocessed farm products transported by a farmer from the place of harvesting to market, storage or a processing plant;

          [JJ.] UU. "protest" means a document [filed with the commission by an interested person that expresses an objection to a matter before the commission] in the form of a pleading filed with the commission by a full-service carrier:

                (1) that expresses an objection to an application before the commission for a certificate for ambulance service or general service or for a permit for ambulance service or for passenger service pursuant to a public-charge contract, or for amendment, lease or transfer of such a certificate or permit, when the territory involved in the application includes all or a portion of the full-service territory of the protesting carrier; and

                (2) in which the protesting carrier pleads in good faith and with reasonable specificity that it currently provides full-service passenger service under certificate within its full-service territory and that, for a motor carrier other than an ambulance service, the grant of the application will, or presents a reasonable potential to, impair, diminish or otherwise adversely affect the availability of full-service passenger service to the public within its full-service territory;

          VV. "public-charge contract" means a contract or contractual arrangement between a motor carrier and a third party for passenger or household goods service that requires or allows the motor carrier to charge passengers, shippers or persons other than the contracting parties on behalf of passengers or shippers, for the transportation service to be provided pursuant to the contract;

          [KK.] WW. "rate" means a form of compensation charged, whether directly or indirectly, by a person for a transportation service subject to the jurisdiction of the commission;

          [LL. "record] XX. "records" means [an account] accounts, correspondence, [memorandum, tape, disc, paper, book or] memoranda, tapes, discs, papers, books, transcribed information or electronic data information, including the electronic hardware or software necessary to access the electronic data information in its document form, regarding the operation of a motor carrier;

          [MM.] YY. "registration year" means a calendar year;

          [NN. "regular route" means a route used by a motor carrier within the territory in which the motor carrier is authorized to serve that is fixed by its operating authority;

          OO.] ZZ. "revocation" means the involuntary, permanent termination of all or part of an operating authority ordered by the commission for cause;

          AAA. "scheduled shuttle service" means a shuttle service that transports passengers to and from an airport, both through prior arrangement and through presentment at terminal locations, on the basis of a daily time schedule filed with the commission, that must be met in a timely fashion with a vehicle present at the terminal location regardless of the number of passengers carried on a run and includes general shuttle service;

          [PP.] BBB. "shipper" means a person who consigns or receives property or household goods for transportation;

          [QQ. "single state registration receipt" means the document issued annually to a motor carrier operating in interstate commerce evidencing that proof of financial responsibility and safety has been filed with the base state and that the annual per vehicle fees have been paid for that registration year;]

          CCC. "shuttle service" means the intrastate transportation of passengers for hire pursuant to a set fare for each passenger between two or more specified terminal points or areas and includes both scheduled shuttle service and general shuttle service;

          DDD. "specialized passenger service" means the intrastate transportation for hire of passengers with special physical needs by specialized types of vehicles, or for specialized types of service to the public or community, as the commission may provide by rule;

          [RR.] EEE. "tariff" means a document filed by a [motor carrier of persons or household goods or a towing service performing nonconsensual tows that has been approved by the commission] tariffed service carrier that [and] sets forth the transportation services offered by the motor carrier to the general public, including the rates, terms [and conditions] of service and applicable time schedules relating to those services [including a common tariff];

          FFF. "tariffed service" means an ambulance service, a shuttle service, a specialized passenger service, a taxicab service or a towing service performing nonconsensual tows authorized by the commission for the provision of service on the basis of rates and terms of service filed with the commission;

          [SS.] GGG. "taxicab service" means [a common motor carrier engaged in unscheduled passenger transportation] intrastate transportation of passengers for hire in a motor vehicle having a capacity of not more than eight [passengers] persons, including the driver, [not operated on a regular route or between specified places, and that:

                (1) is licensed as a taxicab service by a state or local jurisdiction; or

                (2) if not licensed or regulated by a state or local jurisdiction as a taxicab service, is offered by a person that:

                     (a) provides local transportation for a fare determined, except with respect to transportation to or from airport, train or bus terminals, primarily on the basis of the distance traveled; and

                     (b) does not primarily provide transportation to or from one or more airport, train or bus terminals;

          TT. "terminal shuttle service" means a common motor carrier engaged in passenger transportation service that:

                (1) is prearranged by contract or operated by hire on a regular route, allowing for deviation to pick up or drop off passengers, between specified or generally specified points; and

                (2) primarily provides transportation to or from one or more airport, train or bus terminals but may also provide for intermediate pickup or departure of passengers] for which the passenger or person engaging the vehicle is allowed to direct or specify not only the origin and destination points of the trip, but also, within reason, the route taken by the vehicle, an intermediate stop, waiting at a stop and other passengers transported during the trip and for which the passenger or person engaging the vehicle is charged a fare for use of the vehicle primarily on the bases of a drop-flag fee, cumulative mileage and cumulative wait time through a taxicab meter used to cumulate and display the fare to the passenger and includes both municipal taxicab service and general taxicab service;

          HHH. "terms of service" means all terms, aspects, practices, limitations, conditions and schedules of service, other than specific rate amounts, pertaining to a tariffed service;

          [UU.] III. "towing services" means the use of specialized equipment, including repossession services using towing equipment, to transport:

                (1) a damaged, disabled or abandoned motor vehicle and its cargo;

                (2) a motor vehicle to replace a damaged, disabled or abandoned motor vehicle;

                (3) parts and equipment to repair a damaged, disabled or abandoned motor vehicle;

                (4) a motor vehicle whose driver has been declared unable to drive by a law enforcement officer;

                (5) a motor vehicle whose driver has been removed from the scene or is unable to drive; or

                (6) a motor vehicle repossessed or seized pursuant to lawful authority;

          [VV.] JJJ. "transfer of a certificate or permit" means a permanent conveyance of all or part of a certificate or permit;

          [WW.] KKK. "transfer by operation of law" means that [the ownership of or interest in a certificate or permit passes to another] all or part of a grantee's interest in an operating authority passes to a fiduciary or other person by application of established rules of law;

          LLL. "transportation service" means transportation subject to the jurisdiction of the commission, offered or provided by a motor carrier, that requires the carrier to obtain an operating authority from the commission pursuant to the Motor Carrier Act;

          MMM. "verified" means a notarized signature verifying the contents of a document or other filing or a signature verifying the contents of a document or other filing under penalty of perjury, expressly providing that the signatory "swears" or "affirms" the contents under penalty of perjury as provided in Subsection A of Section 65-2A-33 NMSA 1978;

          [XX.] NNN. "voluntary suspension" means the commission-authorized cessation of use of all or part of a certificate or permit at the request of the [motor carrier] holder for a specified period of time not to exceed twelve consecutive months;

          [YY.] OOO. "warrant" means the [operating] authority issued by the commission to [charter services, towing services, commuter services and motor carriers of property; and] a person that authorizes that person to offer and provide a warranted service;

          PPP. "warranted service" means an intrastate charter passenger transportation service, commuter service, household goods service, property transportation service or towing service; and

          [ZZ.] QQQ. "weight-bumping" means the knowing and willful statement of a fraudulent weight on a shipment of household goods."

     SECTION 4. Section 65-2A-4 NMSA 1978 (being Laws 2003, Chapter 359, Section 4) is amended to read:

     "65-2A-4. POWERS AND DUTIES OF THE COMMISSION.--

          A. In accordance with the Motor Carrier Act, the commission shall:

                (1) issue operating authorities for a motor carrier operating in New Mexico;

                (2) establish minimum requirements for financial responsibility for a motor carrier;

                (3) establish safety requirements for intrastate motor carrier motor vehicles and drivers subject to the jurisdiction of the commission, provided that the safety requirements shall not be inconsistent with or more stringent than applicable federal safety standards;

                (4) establish reasonable requirements with respect to continuous and adequate service to be provided under an operating authority;

                (5) regulate the rates [of intrastate common motor carriers of persons and household goods and towing services performing nonconsensual tows, including rates for storing household goods and motor vehicles] and terms of service of tariffed service carriers to the extent provided in the Motor Carrier Act;

                (6) determine matters of public [convenience and necessity relating to] interest and other matters relating to authorities, rates, territories, nature of service and other terms of service of motor carriers;

                (7) subpoena witnesses and records, enforce its subpoenas through a court and, through the court, seek a remedy for contempt;

                (8) hold a public hearing specific to a protest or a request by the transportation division of the commission that has been filed timely in opposition to or in consideration of an application; and

                (9) adopt rules, issue orders and conduct activities necessary to implement and enforce the Motor Carrier Act.

          B. The commission may:

                (1) designate inspectors who may inspect the records of a motor carrier subject to the Motor Carrier Act and who shall have the powers of peace officers in the state's political subdivisions with respect to a law or rule that the commission is empowered to enforce pursuant to Section 65-1-6 NMSA 1978, excluding the enforcement authority granted to the motor transportation division of the department of public safety;

                (2) institute civil actions in the district court of Santa Fe county in its own name to enforce the Motor Carrier Act, its orders and rules, and in the name of the state to recover assessments of administrative fines;

                (3) from time to time, modify the type and nature of service, territory and terms [conditions and limitations] of service of operating authorities previously issued and change or rescind rates previously adopted; [as needed; and]

                (4) establish statewide tariffs as needed for voluntary and optional use by tariffed service carriers; and

                [(4)] (5) adopt rules to implement these powers."

     SECTION 5. Section 65-2A-5 NMSA 1978 (being Laws 2003, Chapter 359, Section 5) is amended to read:

     "65-2A-5. APPLICATIONS IN GENERAL--WHEN PUBLIC HEARINGS ARE REQUIRED.--

          A. A person shall file an application [if] for a matter for which commission approval is required. An application shall be made in writing, verified [under oath] and be in a form that contains information and is accompanied by proof of service [upon interested persons] as required by the commission.

          B. The commission shall streamline and simplify to the extent possible the process for approving applications. The commission may hold a public hearing on its own initiative or specific to [a protest or request] an objection that has been timely filed in opposition to or in consideration of an application.

          C. The commission shall hold a public hearing on an application whenever [an interested person protests the application] a protest is filed during the notice period or the transportation division of the commission requests a hearing during the notice period.

          D. If no objection, protest or request for hearing by the transportation division of the commission is filed during the notice period, the commission shall grant the application if it complies with the provisions of the Motor Carrier Act and the rules of the commission regarding fitness, ability, financial responsibility and safety.

          [D.] E. The commission may approve or deny an application in whole or in part or allow or require particular terms of service as it may find reasonable and appropriate."

     SECTION 6. Section 65-2A-6 NMSA 1978 (being Laws 2003, Chapter 359, Section 6) is amended to read:

     "65-2A-6. NOTICE.--

          A. [If the Motor Carrier Act requires publication of notice regarding an application before] The commission shall electronically publish notice regarding an application before the commission for a certificate or permit or for an amendment, lease or transfer of a certificate or permit; for a proposed rulemaking; or for other orders of the commission of general application, by posting a copy of the notice or document on the commission's internet web site. The commission shall also send electronic mail to all motor carriers, public officials or agencies, or other persons or entities who have previously supplied electronic mail addresses to the commission, for the purpose of publication, advising such persons of the posting. If the commission in its discretion should also require publication by newspaper, the requirement is met if notice is published once in a newspaper of general circulation in the state. The commission shall not act on the application or other matter less than twenty days after the date notice was published.

          B. Whenever the Motor Carrier Act requires publication of notice regarding [a] any other matter [other than an application], the requirement is met if notice is published once in a newspaper of general circulation in the state. The commission shall not act on a matter less than ten days after the date notice was published."

     SECTION 7. Section 65-2A-7 NMSA 1978 (being Laws 2003, Chapter 359, Section 7) is amended to read:

     "65-2A-7. OPERATING AUTHORITIES IN GENERAL.--

          A. Every motor carrier providing a transportation service shall meet and comply with the requirements of the Motor Carrier Act and the rules and orders of the commission.

          [A.] B. A certificate, permit or warrant, or a change in a certificate or permit, shall be effective from the date issued by the commission and shall remain in effect until canceled, [or revoked. A single state registration receipt] revoked, suspended or amended. A unified carrier registration for interstate motor carriers shall be effective only for the registration year for which it is issued. [A single trip ticket shall be effective only for the duration of the trip for which it is issued.

          B.] C. A motor carrier shall carry a copy of its operating authority in each motor vehicle it operates in New Mexico.

          [C.] D. A [motor] certificated service carrier shall render reasonably continuous and adequate service as the commission may by rule prescribe.

          [D. A motor carrier shall comply with lawfully adopted rules of the commission.]"

     SECTION 8. Section 65-2A-8 NMSA 1978 (being Laws 2003, Chapter 359, Section 8) is amended to read:

     "65-2A-8. CERTIFICATES FOR [INTRASTATE COMMON MOTOR CARRIERS OF PERSONS] PASSENGER SERVICE.--

          [A. A common motor carrier of persons shall not provide compensated intrastate transportation in the state without a certificate from the commission.]

          A. The commission may issue a certificate for a passenger service as follows:

                (1) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service;

                (2) a certificate for a specialized passenger service shall be endorsed for nature of service as provided by commission rule;

                (3) a certificate for a taxicab service shall be endorsed for nature of service as a municipal taxicab service or as a general taxicab service; and

                (4) a certificate for an ambulance service.

          B. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the commission shall issue a certificate allowing a person to provide [compensated intrastate transportation as a common motor carrier of persons] passenger service after notice and public hearing requirements are met, if:

                (1) the person is fit [willing and able] to provide the transportation service to be authorized by the certificate;

                (2) the person is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the commission and other applicable federal and state laws and rules; and

                [(3) the transportation service to be provided under the certificate is or will serve a useful public purpose that is responsive to a public demand or need]

                (3) the person has filed a tariff pursuant to Section 65-2A-20 NMSA 1978.

          C. Before granting a certificate [to an intrastate common motor carrier of persons] for passenger service, the commission shall consider [the effect that issuance of the certificate would have on existing motor carriers] protests and objections that were timely filed during the notice period; provided that the commission shall not find diversion of revenue or traffic from an existing motor carrier to be [in and of itself] sufficient grounds for denying the certificate.

          D. A certificate issued by the commission to [an intrastate common motor carrier of persons] a passenger service carrier shall contain one or more endorsements, each of which shall specify the:

                (1) nature of service to be rendered;

                (2) territory authorized to be served; and

                (3) reasonable terms [conditions and limitations as the public convenience and necessity may require; and, if necessary:

                     (a) terminals between which service is to be provided; or

                     (b) routes, schedules and intermediate and off-route points on the route for regular route service] of service as the commission may allow or require for the particular certificate.

          E. Territorial endorsements to a certificate for passenger service shall:

                (1) be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner, beginning within thirty days of the issuance of the certificate or such other definite period or date as the commission may provide for a particular application, and shall generally be authorized on the basis of county or incorporated municipal boundaries, subject to other specification reasonably allowed or required by the commission;

                (2) except for shuttle services, authorize transportation between points and places within the specified territory, and from points and places within the specified territory to all points and places in the state and return, unless otherwise expressly allowed or specified in the terms of service in the endorsement to the certificate; and

                (3) for shuttle services, provide for transportation between two or more specified end or intermediate terminal points or areas and authorize pickup or drop-off of passengers throughout a terminal area."

     SECTION 9. Section 65-2A-10 NMSA 1978 (being Laws 2003, Chapter 359, Section 10, as amended) is amended to read:

     "65-2A-10. PERMITS FOR [INTRASTATE CONTRACT MOTOR CARRIERS OF PERSONS OR HOUSEHOLD GOODS] THE TRANSPORTATION OF PASSENGERS.--

          [A. A contract motor carrier shall not provide compensated intrastate transportation of persons or household goods in the state without first having applied for and obtained a permit from the commission.

          B.] A. Except as provided in this section and Section 65-2A-13 NMSA 1978, the commission shall issue a permit allowing a person to provide [compensated intrastate transportation as a contract motor carrier of persons or household goods] permitted service for the transportation of passengers after notice and public hearing requirements are met, if:

                (1) the person is fit [willing and able] to provide the transportation to be authorized by the permit; and

                (2) the person is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the commission and other applicable federal and state laws and rules. [and

                (3) the transportation to be provided under the permit is or will be consistent with the public interest.

          C.] B. Before granting a permit [to an intrastate contract motor carrier of persons], the commission shall consider

                [(1) the number of customers to be served by the carrier;

                (2) the nature of the transportation proposed to be provided;

                (3) whether granting the permit would endanger or impair the operations of motor carriers to an extent contrary to the public interest;

                (4) the effect that denying the permit would have on the person applying for the permit and its customers; and

                (5) the changing character of the requirements of the applicant's customers.

          D. The commission shall not issue a permit to an intrastate contract motor carrier of persons if it finds that the authority sought will impair the provision of transportation services by a certificated intrastate common motor carrier of persons then serving the same territory.

          E. Before granting a permit to an intrastate contract motor carrier of household goods, the commission shall consider:

                (1) whether granting the permit would endanger or impair the operations of carriers to an extent contrary to the public interest; and

                (2) the effect that denying the permit would have on the person applying for the permit and its shippers] protests and objections that were timely filed during the notice period.

          C. The commission shall not grant a permit for ambulance service or for provision of transportation service pursuant to a public-charge contract, or a lease or transfer of such a permit, unless the applicant possesses a certificate for provision of the appropriate certificated service in the territory to be served under contract. A carrier's operations under a contract shall meet and be held to the same standards as are its operations under its certificated service. If the transportation to be provided under the contract is passenger service, the contractual rates and terms of service affecting passengers shall be reflected through amendment to the carrier's tariff.

          D. The commission shall not issue a permit for passenger service if the contract or arrangement between the carrier and the other contracting party effectively excludes or otherwise impairs opportunity and access to public places for the provision of transportation services by certificated passenger service carriers then serving the same territory, and no permit issued may be used to effect such exclusion or impairment of certificated passenger service.

          E. The holder of a permit shall apply to the commission for an amendment of the permit when there is a change, reissuance or amendment of the contract for which the permit was issued that provides for different types or natures of transportation service, for different service territory or for different rates or terms of service to the public under a public-charge contract.

          [G.] F. A permit issued by the commission shall specify the business of the [intrastate contract motor] carrier, the scope of the authority granted to it and the terms, conditions and limitations of the authority.

          [H.] G. An [intrastate contract motor carrier of persons or household goods] applicant for a permit shall file with the commission each contract under which it intends to operate. [The commission shall approve a contract and authorize operations if it finds that the contract is consistent with the public interest and the provisions of this section.]

          [I.] H. The commission shall not limit [an intrastate contract motor carrier of persons or household goods to a fixed number of contracts.

          I. A motor carrier owning a certificate and a permit for the same type of service may use the same equipment for both common and contract services provided that shared use does not impair the provision of transportation services under the certificate] the number of permits that may be issued to a carrier."

     SECTION 10. Section 65-2A-11 NMSA 1978 (being Laws 2003, Chapter 359, Section 11) is amended to read:

     "65-2A-11. TEMPORARY AUTHORITY FOR [INTRASTATE MOTOR CARRIERS OF PERSONS OR HOUSEHOLD GOODS] PASSENGER SERVICE.--

          A. The commission may without notice grant temporary [operating authority to an intrastate motor carrier of persons or household goods for a period not to exceed ninety days if it finds that:

                (1) there is an urgent and immediate need for such service; and

                (2)] authority to an applicant for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit for a period not to exceed the duration of the application process if it finds that:

                (1) the applicant for temporary authority has a complete application for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit, pending before the commission; and

                (2) the applicant is fit to provide the transportation service requested and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act and the rules of the commission.

          B. Satisfactory proof of [urgent and immediate need shall be made] a necessary factual matter shall be made to the commission by affidavit or other verified proof as the commission shall by rule prescribe.

          C. An applicant for temporary authority as a [common motor] tariffed service carrier shall file tariffs covering the transportation services for which temporary authority is being sought.

          D. [After temporary authority has been granted, the applicant shall give notice of the grant of temporary authority to a motor carrier authorized to perform the service temporarily authorized. If such motor carrier or the staff of the transportation division of the commission files a written request for a hearing within twenty-five days of the date notice was mailed, the commission shall hold a public hearing and make such] If a protest is filed or the transportation division of the commission requests a hearing concerning the application for which temporary authority has been granted by the commission, the protesting carrier or the staff of the transportation division of the commission may file a written request for modification or reconsideration of the grant of temporary authority in the proceeding. The hearing examiner in that proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority based on the issues in the proceeding and the testimony evidence presented in such hearing. The hearing examiner shall make further determination with respect to the grant of temporary authority as the public interest may require.

          E. [Intrastate motor] Transportation service carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act and the rules of the commission.

          F. A grant of temporary authority shall not create a presumption that permanent authority will be granted.

          G. If a hearing is held on an application for a certificate or permit or for amendment, lease or transfer of all or part of a certificate or permit, or for a tariff rate increase, and the applicant did not apply for a grant of temporary authority by the commission, or if the commission denied such an application for temporary authority, the applicant may move for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process, and the hearing examiner in that proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority based on the issues in the proceeding and the testimony evidence presented in such hearing."

     SECTION 11. Section 65-2A-12 NMSA 1978 (being Laws 2003, Chapter 359, Section 12) is amended to read:

     "65-2A-12. WARRANTS.--

          [A. It is unlawful for any commuter service, charter service, towing service or motor carrier of property to provide compensated intrastate transportation in the state without a warrant from the commission.

          B.] A. The commission shall issue a warrant that allows a person to provide [compensated intrastate transportation as a commuter service, charter service, towing service or motor carrier of property] warranted service if the commission finds that the person is in compliance with the financial responsibility and safety requirements of the Motor Carrier Act and the rules of the commission.

          [C. A person may protest an application for a warrant if the person has reason to believe that the applicant does not meet the safety or financial responsibility requirements of the Motor Carrier Act and the rules of the commission.]

          B. A towing service carrier performing nonconsensual tows is subject to tariff rates and terms of service. A towing service carrier performing nonconsensual tows shall not use the same motor vehicles, equipment and facilities used by another warranted towing service carrier performing nonconsensual tows.

          [D.] C. A warrant shall not be transferred or leased to another person.

          [E.] D. The commission may without notice or a public hearing [cancel] revoke a warrant if the [owner] holder fails to operate under the warrant for twelve consecutive months or to provide proof of financial responsibility as required by the commission for four consecutive months.

          E. The commission may revoke a warrant for a household goods service, after notice and public hearing requirements are met, if the holder fails to comply with a provision of the Motor Carrier Act or commission rules."

     SECTION 12. Section 65-2A-13 NMSA 1978 (being Laws 2003, Chapter 359, Section 13) is amended to read:

     "65-2A-13. PROTESTS, [OF] OBJECTIONS AND HEARINGS REGARDING APPLICATIONS FOR A CERTIFICATE OR PERMIT OR FOR A CHANGE IN A CERTIFICATE OR PERMIT.--

          [A. A contract motor carrier shall not protest an application for a certificate or for a change in a certificate.

          B. A common or contract motor carrier shall not protest an application for a permit or for a change in a permit.

          C. A common motor carrier shall not protest an application for a certificate or for a change in a certificate unless:

                (1) it possesses authority to handle, in whole or in part, the traffic for which the applicant seeks authority, or it has pending before the commission an application for authority for substantially the same traffic filed prior to the application to be protested; and

                (2) it is willing and able to provide service that meets the reasonable needs of the customers or shippers involved; and

                (3) it has provided service within the scope of the protested application during the previous twelve-month period, or has actively and in good faith solicited service within the scope of the protested application during such period; or

                (4) the commission grants leave to intervene upon a showing of other interests that are not contrary to the provisions of the Motor Carrier Act.]

          A. A member of the public or an interested person may provide information to the commission or express an objection to an application for a certificate or permit, or for amendment, lease or transfer of a certificate or permit, during the notice period for the application by filing a written objection in regard to the application. The commission is not required to hold a hearing pursuant to an objection but may, on its own motion, hold a hearing on an application for a certificate or permit or for an amendment, lease or transfer of a certificate or permit.

          B. The commission shall hold a hearing on an application whenever a protest is timely filed or the transportation division of the commission timely files a request for a hearing relative to an application within the notice period. The commission may allow a protesting carrier to proceed as an intervenor in the application proceeding.

          C. If a hearing is held on an application, the following apply:

                (1) the applicant has the burden of:

                     (a) proving that the applicant meets the requirements of the Motor Carrier Act and commission rules for the application at issue;

                     (b) proving particular factual matters that the commission or the transportation division of the commission may identify and require;

                     (c) demonstrating with reasonable specificity the nature and scope of its proposed transportation service;

                     (d) proving additional allegations and matters of public interest that it may raise; and

                     (e) if the application is for ambulance service, proving that the ambulance service that currently exists in the territory sought in the application is inadequate and that the proposed service is directly responsive to a public need and demand for the service proposed;

                (2) a protesting carrier has the burden of proving:

                     (a) all matters of fact pertaining to its full-service operation within its certificated full-service territory;

                     (b) the potential impairment or adverse impact on its existing full-service operation by the transportation service proposed by the applicant;

                     (c) the potential impairment of the availability of the relevant type of full-service transportation to the public in the relevant territory; and

                     (d) all other allegations and matters of public interest that it may raise;

                (3) the protesting carrier's proof shall include, without limitation, a demonstration with reasonable specificity of the nature of the existing full service currently being provided; the volume of passengers currently being transported and that were transported in the recent past; economic analysis related to current expenses and revenues of the full-service operation; and the anticipated economic, business or functional effect of the proposed service on the existing provision of, or rates for, provision of full-service transportation within the full-service territory;

                (4) the commission may allow other interested persons to intervene, either generally or on the basis of specific facts or issues. A permissive intervenor has the burden of proof on all factual matters and legal issues that it alleges and on which it is permitted to intervene; and

                (5) parties to a hearing may base their demonstration and proof on business data, experienced persons and mathematical calculations. Expert testimony shall not be required of a party but may be provided at the option of a party.

          D. The commission shall not:

                (1) grant an application for a certificate for ambulance service, or for amendment, lease or transfer of that certificate, to the extent that it finds, after hearing, that the present ambulance service is offered on a reasonably continuous and adequate basis in the territory in which the new service is sought, or that the present ambulance service may be made reasonably continuous and adequate pursuant to commission order by the current holder or lessee of the certificate for ambulance service for such territory; and

                (2) grant an application for a certificate for passenger service other than ambulance service or a permit for ambulance service or for passenger service pursuant to a public charge contract, or for amendment, lease or transfer of such a certificate or permit, within a protesting full-service carrier's full-service territory if it finds, after hearing, that the grant of the application presents a reasonable potential to impair, diminish or otherwise adversely affect the provision of the relevant type of full-service passenger service to the public in the full-service territory or if the application is otherwise contrary to the public interest in the full-service territory. Diversion of revenue or traffic from an existing motor carrier, including the protesting carrier, or potential impairment or adverse impact on the business of an existing motor carrier shall not be sufficient grounds for denying the application, so long as the public will continue to have access to the relevant type of service in the territory at issue."

     SECTION 13. Section 65-2A-14 NMSA 1978 (being Laws 2003, Chapter 359, Section 14) is amended to read:

     "65-2A-14. CHANGES IN CERTIFICATES OR PERMITS.--

          A. A change in a certificate or permit [or tariff] shall not be valid or effective without the approval of the commission.

          B. The commission may, for good cause and after notice and public hearing requirements are met, authorize the following changes in all or part of a certificate or permit at the request of the [person owning the certificate or permit] holder if the commission finds:

                [(1) that the proposed rates are reasonable, non-predatory and nondiscriminatory for a change in a tariff;

                (2)] (1) that the applicant for amendment, lease or transfer for a certificate meets the requirements and procedures pursuant to Section [8 of the Motor Carrier Act] 65-2A-8 NMSA 1978 for an [amendment of] application for a certificate as a [common motor] passenger service carrier; [of persons;

                (3) that the applicant meets the requirements pursuant to Section 10 of the Motor Carrier Act for an amendment of a permit as a contract motor carrier of persons;

                (4) that the applicant meets the requirements pursuant to Section 9 of the Motor Carrier Act for an amendment of a certificate as a common motor carrier of household goods;

                (5)] (2) that the applicant for amendment, lease or transfer of all or part of a permit meets the requirements and procedures pursuant to Section [10 of the Motor Carrier Act] 65-2A-10 NMSA 1978 for an [amendment of] application for a permit [as a contract motor carrier of household goods]; and

                [(6)] (3) that:

                     (a) for a transfer of all or part of a certificate or permit: [(a)] 1) the transferee-applicant is fit [willing and able] to provide the authorized transportation services and to comply with the Motor Carrier Act and the rules of the commission; [(b)] and 2) the transferor-applicant or lessor-applicant has rendered reasonably continuous and adequate service in the territory to be transferred or leased prior to the application for lease or transfer; and

                     [(c)] (b) for transfer of all or part of a certificate or permit, accrued taxes, rents, wages of employees and other indebtedness pertaining to all or part of a certificate or permit proposed to be transferred have been paid by the transferor-applicant or assumed by the transferee-applicant

                     [(d) the transfer does not have the effect of destroying competition or creating a monopoly; and

                     (e) the transfer is not inconsistent with the public interest; or

                (7) that for a lease of all or part of a certificate or permit:

                     (a) the lessee-applicant is fit, willing and able to provide the authorized transportation services and to comply with the Motor Carrier Act and the rules of the commission;

                     (b) the lessor-applicant has rendered reasonably continuous and adequate service prior to the application for lease;

                     (c) the lease does not have the effect of destroying competition or creating a monopoly; and

                     (d) the lease is not inconsistent with the public interest].

          C. The commission may, without notice or a public hearing, authorize the following changes in all or part of a certificate or permit at the request of the [person owning the certificate or permit] holder:

                (1) voluntary cancellation of the certificate or permit;

                (2) voluntary suspension of the certificate or permit;

                (3) change in the [form of ownership] type of legal entity or name of a holder of the certificate or permit; [and]

                (4) reinstatement of the certificate or permit following voluntary suspension;

                (5) change in control of a holder of the certificate or permit through transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity; and

                (6) transfers by operation of law."

     SECTION 14. Section 65-2A-15 NMSA 1978 (being Laws 2003, Chapter 359, Section 15) is amended to read: 

     "65-2A-15. MULTIPLE OPERATING AUTHORITIES ALLOWED [COMMON CONTROL AND SHAM COMPETITION PROHIBITED].--

          A. A person may simultaneously hold [a certificate as a common motor carrier, a permit as a contract motor carrier and a warrant authorizing transportation by motor vehicle over the same routes or within the same territory, if the commission finds that the multiple operating authorities are consistent with the public interest.

          B. A person shall not control more than one certificate or more than one permit for the same kind of service in the same territory] multiple certificates for different kinds of certificated services, permits for different contracts and warrants for different kinds of warranted services within the same territory.

          B. A motor carrier that holds more than one certificate for the same kind and nature of certificated service in the same territory, or more than one permit for the same contract, shall file an application with the commission to consolidate such operating authorities.

          C. The commission shall not grant any new operating authority to a motor carrier that [(1)] duplicates an operating authority of the same kind and for the same territory already held by that motor carrier. [or

                (2) is under common control with another motor carrier that duplicates operating authority of the same kind or for the same or overlapping territory already held by either of them.

          D. If two motor carriers come to be held in common control, and each motor carrier has operating authority that duplicates the operating authority of the other, then one of them shall have its operating authority modified to exclude the portion of the operating authority that is of the same kind and for the same territory, but shall be allowed to operate in the name and under the operating authority of the other motor carrier with which it is held in common control.

          E. Motor] D. Certificated service carriers [of household goods possessing] holding both a certificate and permit or warrant for related services may use the same vehicles and may transport passengers and property or mixed loads [of common and contract motor carrier household goods] pursuant to those operating authorities in the same vehicles and on the same trip.

          E. A certificated, permitted or warranted service carrier shall file with the transportation division of the commission all business trade names under which the carrier operates the certificated service or services authorized and shall provide the transportation division of the commission with proof of financial responsibility for all business trade names in addition to its legal name. The commission shall accept business trade names as submitted by a carrier. Filing with the transportation division of the commission shall not affect the ownership or right to use a business trade name under the intellectual property laws of the state."

     SECTION 15. Section 65-2A-16 NMSA 1978 (being Laws 2003, Chapter 359, Section 16, as amended) is amended to read:

     "65-2A-16. INTERSTATE MOTOR CARRIERS.--

          A. Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders shall not operate in interstate commerce in this state without first registering with a base state and paying all fees as required under the federal Unified Carrier Registration Act of 2005. The commission is authorized to register applicants and collect all fees without notice or a public hearing.

          B. The commission is authorized to follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers and freight forwarders, and do all things necessary to enable New Mexico to participate in the federal unified carrier registration system pursuant to the federal Unified Carrier Registration Act of 2005, including the collection of an equal amount of revenue as was collected by the commission in the last registration year under Section 4005 of the federal Intermodal Surface Transportation Efficiency Act of 1991 and the collection of an equal amount of revenue annually from all other sources allowed under the Unified Carrier Registration Act of 2005 in the last year that such collections were not prohibited by federal law.

          C. The commission is the state agency in New Mexico responsible for operation of the federal Unified Carrier Registration Act of 2005, including participating in the development, implementation and administration of the unified carrier registration agreement. The commission is authorized to follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors.

          D. Compliance by an interstate motor carrier with the provisions of the federal Unified Carrier Registration Act of 2005 shall not authorize a carrier to provide intrastate transportation services in New Mexico. An interstate motor carrier wishing to provide compensated transportation in intrastate commerce shall apply for the appropriate intrastate operating authority from the commission. A taxicab service or [terminal] a shuttle service traveling to or from a federally licensed airport terminal facility located in the state is engaged in nonexempt intrastate business within the state regardless of a prior exemption if its service provides, with regard to any service run, for both:

                (1) initiation of the transportation of one or more passengers within this state; and

                (2) delivery to a departure point within this state of one or more passengers whose transportation on that service run was initiated at a point within this state."

     SECTION 16. Section 65-2A-18 NMSA 1978 (being Laws 2003, Chapter 359, Section 18, as amended) is amended to read:

     "65-2A-18. FINANCIAL RESPONSIBILITY.--

          A. The commission shall prescribe minimum requirements for financial responsibility for all motor carriers, including incidental carriers pursuant to this section. [Rules regarding financial responsibility of incidental carriers shall be adopted by July 1, 2006 by the commission, and implementation of the financial responsibility requirements for incidental carriers shall begin on July 1, 2006.]

          B. A motor carrier or incidental carrier shall not operate on the highways of this state without having filed with the commission proof of financial responsibility in the form and amount as the commission shall by rule prescribe. The maximum amount of financial responsibility, as determined by the commission, for incidental carriers shall not exceed that required of other motor carriers.

          C. In prescribing minimum requirements for financial responsibility for motor carriers, the commission shall adopt the same minimum liability insurance requirements as those required by the federal motor carrier safety administration for interstate motor carriers for all motor vehicles for carriage of property or household goods and for all passenger motor vehicles with a capacity in excess of eight persons, including the driver. The commission shall adopt reasonable minimum liability insurance requirements for the use of passenger motor vehicles with a capacity lower than that regulated by the federal motor carrier safety administration and shall consider:

                (1) the creation of sufficient incentives to motor carriers to maintain and operate their equipment in a safe manner;

                (2) the number of passengers being transported;

                (3) the nature of the transportation services provided by the motor [carrier] carriers using vehicles of that capacity; and

                (4) other factors necessary to ensure that motor carriers using vehicles of that capacity maintain an appropriate level of financial responsibility.

          D. The commission may authorize a motor carrier to carry its own insurance in lieu of filing a policy of insurance, certificate showing the issuance of a policy of insurance or a surety bond. In approving an application to be self-insured, the commission shall consider:

                (1) the financial stability of the carrier;

                (2) previous loss history of the carrier;

                (3) the safety record of the carrier;

                (4) the size, nature of operations and other operating characteristics of the carrier; and

                (5) other factors necessary for the protection of passengers, shippers and the public.

          E. Notwithstanding any requirement of the New Mexico Insurance Code to the contrary, the commission may accept proof of public liability insurance from an insurer not authorized in New Mexico if:

                (1) the insurance is for an interstate motor carrier transporting commodities exempt from regulation by the federal motor carrier safety administration participating in the single state registration system for those motor carriers; and

                (2) the insurer is authorized to write public liability insurance in at least one other state.

          F. All motor carriers shall carry proof of financial responsibility in each motor vehicle they operate in this state."

     SECTION 17. Section 65-2A-19 NMSA 1978 (being Laws 2003, Chapter 359, Section 19) is amended to read:

     "65-2A-19. SAFETY REQUIREMENTS FOR MOTOR VEHICLES AND DRIVERS [USED IN COMPENSATED TRANSPORTATION].--

          A. A motor carrier shall provide safe and adequate service, equipment and facilities for the rendition of transportation services in this state.

          B. The commission shall prescribe safety requirements for drivers and for motor vehicles weighing twenty-six thousand pounds or less or carrying fifteen or fewer persons, including the driver, used by intrastate motor carriers operating in this state. The commission may prescribe additional requirements related to safety, including driver safety training programs, vehicle preventive maintenance programs, inquiries regarding the safety of the motor vehicles and drivers employed by a motor carrier, and the appropriateness of the motor vehicles and equipment for the transportation services to be provided by the motor carrier.

          C. A commuter service carrier shall certify that it has a program providing for an initial drug test for a person seeking to be a commuter service driver. The program shall use reasonable collection and analysis procedures to ensure accurate results, require testing only for substances controlled by federal regulation of commercial motor carriers and ensure the confidentiality of the test results and medical information obtained.

          D. The motor transportation division of the department of public safety may immediately order, without notice or a public hearing, a motor vehicle to be taken out of service for violation of a federal or state law or rule relating to safety if the violation would endanger the public health or safety.

          E. The commission shall require carriers to obtain criminal background reports for all drivers employed by certificated service carriers other than ambulance service carriers and for all other persons employed by certificated household goods service carriers who enter private dwellings in the course of the household goods service."

     SECTION 18. Section 65-2A-20 NMSA 1978 (being Laws 2003, Chapter 359, Section 20) is amended to read:

     "65-2A-20. TARIFFS.--

          A. [An intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual tows] A tariffed service carrier shall not commence operations or perform a new service under its operating authority without [approval of a tariff from] having an approved tariff on file with the commission.

          B. [An intrastate common motor carrier of persons or household goods and a towing service performing nonconsensual tows] A tariffed service carrier shall file with the commission a proposed [tariffs] tariff showing the rates for transportation and all related activities and containing a description of the type and nature of the service, territory and all terms [and conditions] of service for transportation and related services between points in its territory. The rates shall be stated in terms of United States currency. Tariffs for individual carriers shall also include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for each transportation service listed in the tariff and terms of service contained in the operating authorities for that particular carrier.

          C. [An intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual tows] A tariffed service carrier shall not charge, or permit its [bona fide agents or] employees, lessees, licensees or agents to charge, a different or additional rate or apply different or additional terms of service for transportation or for a service rendered to or for the user of the service other than the rates and terms of service specified in approved tariffs in effect at the time [The rates of an otherwise valid tariff are not applicable when a medicaid program directly pays for services], except in accordance with rates and terms of service established by law for governmental programs or operations.

          D. [An intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual tows] A tariffed service carrier shall not refund, directly or indirectly, a portion of the rate specified in its approved tariff, offer to a person privileges or facilities, perform a service or remit anything of value except in accordance with tariffs approved by the commission or in accordance with rates and terms of service established by governmental entities, programs or operations or in settling or resolving a claim by a customer.

          E. The commission shall post on its web site all current approved individual and statewide tariffs, and all tariff statements filed by carriers using statewide tariffs, in a manner to facilitate public access, review and comparison. A certificated passenger service carrier other than an ambulance service carrier shall post its tariff rates in each vehicle used in the provision of its transportation service.

          F. A tariffed service carrier shall file an application with the commission for a change in the tariff, accompanied by the proposed tariff, at least twenty days prior to implementation of the amended rates and terms of service contained in the tariff. An application for a change in a tariff shall identify with precision each change made. Except as provided in this section, an amended tariff shall be approved and become effective twenty days after filing of the application for a change in the tariff. The commission shall post notice of each application for a change in a tariff along with a copy of the proposed tariff on the commission web site and shall post all amended tariffs approved.

          G. No changes in terms of service disapproved by the transportation division of the commission as inconsistent with the Motor Carrier Act, rule of the commission, the individual operating authority of the carrier or otherwise in violation of law shall become effective or be part of the approved tariff.

          H. The following terms of service contained in a tariff shall not be considered inconsistent with the Motor Carrier Act or discriminatory in nature:

                (1) a carrier may decline or terminate service under circumstances that reasonably appear to present a physical danger to the driver, to another employee of the carrier or to passengers, or for carriers other than ambulances, a danger to the condition of the motor vehicle or cargo;

                (2) a carrier is not responsible for delays due to weather or road conditions that require slow vehicular travel or cancellation for safety, or due to road construction, road closures, law enforcement stops or similar matters, and a carrier other than an ambulance service may determine not to provide all or part of its service due to weather or road conditions that reasonably make travel dangerous;

                (3) a carrier may require that firearms carried by a passenger, other than an authorized law enforcement officer with identification, be unloaded and placed in a locked area of the vehicle during transport, along with all ammunition and any other weapons;

                (4) a passenger service carrier other than an ambulance service carrier may decline or terminate service, or require advance payment of all or a portion of the fare, in situations that reasonably appear that the passenger may not be able to provide compensation for the transportation service under the tariff or applicable contract or where the passenger cannot give an adequate description of, or direction to, the destination; and

                (5) a passenger service carrier other than an ambulance service carrier may decline service in situations where a passenger cannot transfer into or out of the motor vehicle without requiring physical assistance from the driver or other employee of the carrier.

          I. An application for amendment of a tariff of a full-service carrier or a towing service providing nonconsensual tows that increases a tariff rate to a level greater than that previously approved by the commission shall not become effective until approved by the commission as reasonable pursuant to Section 65-2A-21 NMSA 1978. The carrier's application shall include financial justification for the increase based on verified testimony and data as may be required by the commission. The commission shall hold a streamlined hearing appropriate to the type of transportation service provided by the carrier for the application, if requested by the applicant or by the transportation division of the commission, or if ordered in the discretion of the commission.

          J. The commission may provide for reasonable periodic rate increases for full-service carriers or towing services providing nonconsensual tows pursuant to a rate escalator or adjustment clause on a basis that the commission finds reasonable.

          K. If no request for hearing by the transportation division of the commission is filed during the notice period of an application for a proposed tariff or change in tariff, the commission shall grant the application if the application complies with the provisions of the Motor Carrier Act and the rules of the commission.

          [E.] L. A person may make a complaint in writing to the commission that [an individual or joint rate or practice is] a rate or term of service contained in a tariff, or a rate otherwise charged or practice otherwise affected, is inconsistent with or in violation of the Motor Carrier Act, commission rule or the operating authority or current tariff of the motor carrier. The commission may suspend the operation of a rate, term of service or practice for a period not to exceed sixty days to investigate its appropriateness or reasonableness. If the commission finds that [an individual or joint] a rate charged by [an intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual tows, or an individual or joint practice of any intrastate common motor carrier of persons or household goods or any towing service performing nonconsensual tows affecting the rate] a tariffed service carrier, or a term of service or practice of a tariffed service carrier is unauthorized, unreasonable, predatory or discriminatory, the commission shall prescribe the rate or the maximum or minimum rate to be observed or the [practice] terms of service to be made effective."

     SECTION 19. Section 65-2A-21 NMSA 1978 (being Laws 2003, Chapter 359, Section 21) is amended to read:

     "65-2A-21. RATES.--

          A. [An intrastate common motor carrier of persons or household goods and a towing service performing nonconsensual tows shall observe] Tariffed service carriers shall provide for reasonable, nonpredatory and nondiscriminatory rates and [practices] terms of service for the transportation services they provide [An unreasonable], as required by the Motor Carrier Act. A predatory or discriminatory rate or charge for service is unlawful.

          B. Reduced rates for minor children accompanied by an adult, for students traveling between their homes and their schools and for persons sixty-five years of age or older shall not be considered discriminatory [within the meaning of this section]. A motor carrier shall not furnish free transportation to persons except to [bona fide] owners, officers, [or] employees or business personnel of the motor carrier and their dependents. [Stockowners of incorporated motor carriers shall not be considered owners for purposes of this subsection.]

          C. [An intrastate common motor carrier of persons or household goods or a towing service performing nonconsensual tows shall not give an unreasonable advantage to a person, point of entry, territory or classification of motor carrier in any respect; provided that towing services] Towing service carriers performing nonconsensual tows may charge rates lower than the rates in their approved tariff to members of not-for-profit motor clubs after those rates have been filed with the commission. [and further provided that this subsection shall not be construed to apply to disadvantages to the transportation service of other motor carriers.

          D. A common motor carrier of household goods shall establish and observe just and reasonable rates and practices relating to the manner and method of presenting, marking, packing and delivering household goods for transportation and other matters relating to the transportation of household goods.

          E. An intrastate common motor carrier of persons or household goods and a towing service performing nonconsensual tows shall establish with each other reasonable through routes and joint rates and practices. Participating motor carriers shall have the duty to establish reasonable practices in connection with joint transportation and reasonable and equitable divisions of the joint rates adopted so as not to unduly prefer or prejudice any participating motor carrier.

          F.] D. In proceedings to determine the reasonableness of rates, the commission shall authorize revenue levels that are adequate under honest, economical and efficient management to cover total operating expenses, including the operation of leased motor vehicles, and depreciation, plus a reasonable profit. The rules adopted by the commission to implement this section shall allow a carrier to achieve revenue levels that will provide a flow of net income, plus depreciation, adequate to support prudent capital outlays, ensure the repayment of a reasonable level of debt, permit the raising of needed equity capital and attract and retain capital in amounts adequate to provide a sound motor carrier transportation system in the state."

     SECTION 20. Section 65-2A-22 NMSA 1978 (being Laws 2003, Chapter 359, Section 22) is amended to read:

     "65-2A-22. SCHEDULED SHUTTLE SERVICE--TIME SCHEDULES.--

          A. [An intrastate common motor carrier of persons providing scheduled service to the general public] A scheduled shuttle service carrier shall file a proposed time schedule with its [application for a certificate. The commission shall approve the time schedule before the schedule is put into effect] original tariff and with each amended tariff.

          B. Failure by [an intrastate common motor carrier of persons] a scheduled shuttle service carrier to operate the service on each day as scheduled pursuant to commission rule and the terms and service contained in its tariff shall result in an appropriate penalty as the commission, in its discretion, shall determine.

          C. A time schedule shall not be designed to require the operation of a motor vehicle between given terminals or [between way stations] terminal areas at a rate of speed greater than the maximum speed allowed."

     SECTION 21. Section 65-2A-25 NMSA 1978 (being Laws 2003, Chapter 359, Section 25) is amended to read:

     "65-2A-25. HOUSEHOLD GOODS OPERATIONS.--

          A. [An intrastate common motor carrier of household goods] Before providing transportation or accessorial services, a household goods service carrier shall make a contract with the shipper specifying the price charged and services that will be provided.

          B. A household goods service carrier shall be responsible for acts or omissions of its agents that relate to the performance of household goods transportation services, including accessorial or terminal services, that are within the actual or apparent authority of the agent derived from or ratified by the [common motor carrier of] household goods service carrier.

          [B. An intrastate common motor carrier of]

          C. A household goods service carrier shall use reasonable care in selecting and retaining household goods agents who are sufficiently knowledgeable, fit [willing and able] to provide adequate household goods transportation services, including accessorial and terminal services, and to fulfill the obligations imposed upon them by the Motor Carrier Act and by the [common motor] household goods service carrier.

          [C.] D. If the commission has reason to believe from a complaint or investigation that a household goods agent has violated Subsection G or H of Section [33 of the Motor Carrier Act or is consistently unfit, unwilling or unable to provide adequate household goods transportation services, including accessorial and terminal services] 65-2A-33 NMSA 1978, the commission may issue to that household goods agent notice of the complaint, specific charges and the time and place for a hearing on the complaint. The hearing shall be held no later than sixty days after service of the complaint to the household goods agent. The household goods agent has the right to appear at the hearing and rebut the charges contained in the complaint.

           [D.] E. If the household goods agent does not appear at the complaint hearing, or if the commission finds that the household goods agent has violated Subsection G or H of Section [33 of the Motor Carrier Act, or is consistently unfit, unwilling or unable to provide adequate household goods transportation services including accessorial and terminal services] 65-2A-33 NMSA 1978, the commission shall issue an order to compel compliance by the household goods agent. Thereafter, the commission may issue an order to limit or prohibit the household goods agent from any involvement in the provision of household goods transportation services if, after notice and an opportunity to be heard, it finds that the household goods agent has failed to comply with the order within a reasonable time after the date of its issuance, but in no event less than thirty days after its issuance. A household goods agent may file a petition with the commission seeking reconsideration of an order entered by the commission pursuant to this section.

          [E.] F. The commission shall adopt rules for the following elements of household goods transportation services:

                (1) [rates] methods of determining shipping charges;

                (2) cost estimates, for which charges shall be subject to the antitrust laws of this state;

                (3) inventory;

                (4) weighing;

                (5) receipts and bills of lading;

                (6) liability based on value established between the motor carrier and the shipper;

                (7) equipment stationing by and joint transportation [between common motor carriers] of household goods service carriers;

                (8) household goods agents; and

                (9) service standards.

          [F.] G. In adopting reasonable rules for [intrastate common motor carriers of] household goods service carriers, the commission shall [consider:

                (1) the level of performance that can be achieved by a well-managed motor carrier of household goods;

                (2) the degree of harm to individual shippers that could result from a violation of the rule;

                (3) the need to deter abuses that result in harm to shippers;

                (4) service requirements of motor carriers of household goods;

                (5) the cost of compliance in relation to the benefits to shippers to be achieved from such compliance; and

                (6) the need to encourage motor carriers of household goods to offer service responsive to shippers' needs] balance the interests of shippers and carriers and consider and observe industry standards.

          [G.] H. The antitrust laws shall not apply to discussions or agreements between [an intrastate common motor carrier of] a household goods service carrier and its authorized agents, whether or not an agent is also a [motor carrier of] certificated household goods service carrier, related solely to:

                (1) rates for the transportation of household goods under the authority of the principal carrier;

                (2) accessorial, terminal, storage or other charges for transportation services incidental to the transportation of household goods transported under the authority of the principal carrier;

                (3) allowances relating to transportation of household goods under the authority of the principal carrier; or

                (4) ownership of a common motor carrier of household goods by an agent or membership on the board of directors of any common motor carrier of household goods by an agent."

     SECTION 22. Section 65-2A-26 NMSA 1978 (being Laws 2003, Chapter 359, Section 26) is amended to read:

     "65-2A-26. HOUSEHOLD GOODS VOLUNTARY DISPUTE SETTLEMENT PROGRAMS.--

          A. [A common motor carrier of household goods may submit an application to the commission to] The commission shall establish a program to settle, at the voluntary option of a shipper, disputes between shippers and [common motor carriers of] household goods service carriers concerning the transportation of household goods [The application shall be in a form and contain information as the commission may by rule require.

          B. The commission shall review and approve, within forty-five days of the filing of an application, a program for settling disputes concerning the transportation of household goods that meets the requirements of Subsection C of this section.

          C. The commission shall not approve a program for settling disputes concerning the transportation of household goods unless the program] that is a fair and expeditious method for settling disputes and complies with each of the following requirements and rules the commission may prescribe:

                (1) the program is designed to prevent a [motor] household goods service carrier from having any special advantage in a case in which the shipper resides or does business at a place distant from the motor carrier's place of business;

                (2) the program provides adequate notice of its availability, including a concise, understandable and accurate summary of the program and disclosure of the legal effects of using the program. The notice shall be given to the shipper before the shipper tenders the household goods to the motor carrier for transportation;

                (3) upon request of a shipper, the motor carrier shall promptly provide forms and other information necessary to initiate an action to resolve a dispute under the program;

                (4) a person authorized pursuant to the program to settle disputes shall be independent of the parties to the dispute and shall be capable, as determined by rules prescribed by the commission, to resolve disputes fairly and expeditiously. The program shall ensure that a person chosen to settle a dispute is authorized and able to obtain from the shipper or motor carrier any material and relevant information necessary to carry out a fair and expeditious decision-making process;

                (5) the person settling the dispute may charge the shipper a fee of not more than twenty-five dollars ($25.00) for instituting a proceeding under the program if the program is binding solely on the carrier, but shall not charge the shipper a fee otherwise. The person settling the dispute shall refund the fee to the shipper in a case in which the dispute is settled in favor of the shipper, unless the person settling the dispute determines that the refund is inappropriate;

                (6) the program shall not require the shipper to agree to use the dispute settlement program prior to the time that a dispute arises;

                (7) the program may provide for an oral presentation of a dispute concerning transportation of household goods by a party to the dispute or a party's representative, but an oral presentation shall not be made unless the parties to the dispute expressly agree to the presentation and the date, time and location of the presentation; and

                (8) a person settling a dispute under the program shall, as expeditiously as possible, but no later than sixty days after receipt of written notification of the dispute, render a decision based on the information gathered; except that, in a case in which a party to the dispute fails to timely provide information that the person settling the dispute may reasonably require, the person settling the dispute may extend the sixty-day period for a reasonable period of time. A decision resolving a dispute may include remedies appropriate under the circumstances, including repair, replacement, refund or reimbursement for expenses and compensation for damages.

          [D.] B. The commission may investigate at any time the functioning of [a] the program approved under this section and may, after notice and an opportunity to be heard, [suspend or revoke its approval] take appropriate action against a household goods service carrier for failure to meet the requirements of this section and rules as the commission may prescribe.

          [E.] C. In a court action to resolve a dispute between a shipper and a [common motor carrier of] household goods service carrier, concerning the transportation of household goods by the carrier, the shipper shall be awarded reasonable attorney fees if:

                (1) the shipper submits a claim to the carrier within one hundred twenty days after the date the shipment is delivered or the date delivery is scheduled, whichever is later; [and]

                (2) the shipper prevails in the court action; and

                [(3) a dispute settlement program approved under this section was not available for use by the shipper to resolve the dispute; or

                (4)] (3) a decision resolving the dispute was not rendered under [a] the dispute settlement program [approved under this section] within sixty days or an extension of the sixty-day period; or

                [(5)] (4) the court proceeding is to enforce a decision rendered under [a] the dispute settlement program [approved under this section] and is instituted after the period for performance under the decision has elapsed.

          [F.] D. In a court action to resolve a dispute between a shipper and a [common motor carrier of] household goods service carrier concerning the transportation of household goods by the carrier, the carrier shall be awarded reasonable attorney fees by the court only if the shipper brought the action in bad faith:

                (1) after resolution of the dispute under a dispute settlement program [approved under this section]; or

                (2) after institution of a proceeding by the shipper to resolve the dispute under a dispute settlement program [approved under this section]; and before:

                     (a) the expiration of the sixty-day period or extension of the sixty-day period for resolution of the dispute; and

                     (b) a decision resolving the dispute is rendered under the program."

     SECTION 23. Section 65-2A-27 NMSA 1978 (being Laws 2003, Chapter 359, Section 27) is amended to read:

     "65-2A-27. INVOLUNTARY SUSPENSION, REVOCATION OR AMENDMENT OF OPERATING AUTHORITIES--REINSTATEMENT.--

          A. The commission shall immediately suspend, without notice or a public hearing, the operating authority of a [motor carrier] certificated or permitted service carrier and shall immediately revoke the operating authority of a warranted service carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by commission rule for a period of four months or longer.

          B. The commission may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the commission's rules or the rules of the motor transportation division of the department of public safety if the violation endangers the public health or safety.

          C. The commission may, upon complaint or the commission's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:

                (1) comply with a provision of the Motor Carrier Act;

                (2) comply with a lawful order or rule of the commission;

                (3) comply with a term [condition or limitation] of service of an operating authority or tariff; or

                (4) render reasonably continuous and adequate service under a certificate [or permit].

          D. The commission may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:

                (1) the reasons for the involuntary suspension no longer pertain; and

                (2) the [owner] holder of the operating authority is fit [willing and able] to provide the authorized transportation services [and to comply with the Motor Carrier Act and the rules of the commission]."

     SECTION 24. Section 65-2A-28 NMSA 1978 (being Laws 2003, Chapter 359, Section 28) is amended to read:

     "65-2A-28. DESIGNATION OF AN AGENT FOR SERVICE OF PROCESS.--

          A. An applicant for an operating authority shall file with the commission an appointment in writing of a resident agent for service of process. The appointment shall specify the address of the agent and shall stipulate that service upon the appointed agent of process of the commission or of a court shall have the same force and effect as if service had been made personally upon the motor carrier within this state. The appointment shall continue in force until the motor carrier files an appointment of a substitute agent, or until liability against the motor carrier growing out of its operations in the state has terminated. A copy of the appointment, duly certified by the commission, shall be accepted as sufficient evidence of appointment of an agent in a court of the state.

          B. If [a motor carrier owning] the holder of an operating authority from the commission operates without appointing a resident agent for service of process, or the commission has unsuccessfully attempted to serve process upon the designated resident agent, the [motor carrier] holder shall be deemed to have appointed the secretary of state as its resident agent for service of process in an action or proceeding against the [motor carrier] holder growing out of an accident, collision or transaction in which the [motor carrier] holder may be involved by operating in this state.

          C. If the secretary of state is served with process directed to a [motor carrier owning] holder of an operating authority from the commission, the secretary of state shall forward the process by certified mail to the [motor carrier] holder at the address shown on its last change of address report, annual report or application with respect to its operating authority, whichever is most recent. The secretary of state shall file a certificate of service with the commission, which shall be accepted as prima facie proof of service.

          D. The secretary of state shall assess to the [motor carrier] holder the fee prescribed in Section [36 of the Motor Carrier Act] 65-2A-36 NMSA 1978 for a process from a court served upon the secretary of state but shall not charge a fee for service of commission process.

          E. The principal motor carrier of a household goods agent shall be deemed to be the agent for service of process of the household goods agent unless the household goods agent notifies the commission in writing of the substitution of another agent for service of process."

     SECTION 25. Section 65-2A-29 NMSA 1978 (being Laws 2003, Chapter 359, Section 29) is amended to read:

     "65-2A-29. REPORTS AND RECORDS.--

          A. The commission shall establish reasonable requirements with respect to reports, records and uniform systems of accounts and preservation of records for motor carriers.

          B. The commission may require a [motor carrier owning] holder of an operating authority from the commission to prepare and transmit to the commission an annual report of its operations. The report shall be in the form, contain specific information, including financial information, and be due on a date as the commission may by rule require. Financial data filed by motor carriers in annual reports shall not be made available for inspection by the public.

          C. The commission or its employees or duly authorized agents shall, at all times, have access to:

                (1) land, buildings, improvements to real property and equipment of motor carriers used in connection with their operations; and

                (2) records kept by motor carriers.

          D. The commission may, by order, require a motor carrier subject to the Motor Carrier Act, or its officers or agents, to produce within this state at such reasonable time and place as it may designate, original or certified copies of records regardless of where they are kept by the motor carrier when their production is pertinent to a matter before the commission, in order that the commission may examine them. No claim of trade secret or business confidentiality immunity or privilege may be asserted by the motor carrier in response to such an order or request.

          E. The motor transportation division of the department of public safety shall furnish to the commission all information needed or required by the commission to carry out its responsibilities when the information is obtainable only through field enforcement.

          F. All applications, protests, objections, amendments to filings, operating authorities, tariffs, pleadings or other documents filed in a docketed proceeding not subject to a confidentiality order are public records and shall, as soon as practicable, be made electronically available to the public."

     SECTION 26. Section 65-2A-30 NMSA 1978 (being Laws 2003, Chapter 359, Section 30) is amended to read:

     "65-2A-30. UNAUTHORIZED CARRYING OF PERSONS PROHIBITED.--[A motor] Except in the case of an emergency, a transportation service carrier not authorized to transport [persons] passengers shall not carry a [person] passenger, including a hitchhiker, [except] other than on-duty employees or other business personnel of the [motor] carrier or commission representatives on official business [or in case of an emergency] in a vehicle used in the provision of transportation service under its operating authority."

     SECTION 27. Section 65-2A-33 NMSA 1978 (being Laws 2003, Chapter 359, Section 33) is amended to read:

     "65-2A-33. CRIMINAL AND CIVIL PENALTIES.--

          A. A person who knowingly makes a false statement of material fact under oath or penalty of perjury in a commission proceeding, whether orally or in writing, shall be guilty of perjury.

          B. A person who willfully makes a false return of process or report to the commission or a member or employee of the commission, and a person who knowingly aids or abets a person who willfully makes a false return of process or report to the commission or a member or employee of the commission, shall be guilty of a felony and upon conviction shall be imprisoned for not more than five years.

          C. A person who willfully makes a false entry in records required by the Motor Carrier Act or the rules of the commission, willfully destroys, mutilates or by other means willfully falsifies the records or willfully neglects or fails to make full, true and correct entries of all facts shall be guilty of a felony and upon conviction shall be imprisoned for not more than five years.

          D. An employee of the commission who divulges information about an inspection, examination or investigation of a record or of the property and facilities of a motor carrier, except insofar as may be authorized by the commission or a court of competent jurisdiction, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000).

          E. A person who violates or who procures, aids or abets in the violation of a provision of the Motor Carrier Act or a rule or order of the commission shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars ($1,000), imprisoned for not more than ninety days, or both.

          F. A motor carrier shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500), imprisoned for not more than six months, or both, if the motor carrier:

                (1) refuses to permit examination of its records;

                (2) conceals, destroys or mutilates its records;

                (3) attempts to conceal, destroy or mutilate its records; or

                (4) removes its records beyond the limits of the state for the purpose of preventing examination.

          G. A person who commits weight-bumping shall be guilty of a felony and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), imprisoned for not more than two years, or both.

          H. A person shall be assessed a civil penalty of not more than two thousand dollars ($2,000) for each violation and not more than five thousand dollars ($5,000) for each subsequent violation if the person knowingly engages in or authorizes an agent or other person to:

                (1) falsify the documents used in the transportation of household goods that evidence the weight of shipment; or

                (2) charge for accessorial services that are not performed, or for which the carrier is not entitled to be compensated, in a case in which such services are not reasonably necessary for the safe and adequate transportation of the shipment.

          I. A law enforcement officer of the state shall arrest and the district attorney and attorney general shall prosecute a violation of the Motor Carrier Act.

          J. It is an unfair and deceptive trade practice under the Unfair Practices Act for a transportation service carrier or its licensee, employee or agent to charge or collect a predatory rate or to undertake a predatory practice in the provision of transportation services. The attorney general or a person who has been damaged or who is likely to be damaged as the result of a predatory rate or practice may bring an action pursuant to the Unfair Practices Act against the transportation service carrier regarding such predatory rate or practice. The action shall be in addition to, and shall not bar, an investigation or civil or criminal enforcement action regarding the predatory rate or practice available to the attorney general or a district attorney or available to the commission under the Motor Carrier Act."

     SECTION 28. Section 65-2A-36 NMSA 1978 (being Laws 2003, Chapter 359, Section 36) is amended to read:

     "65-2A-36. FEES.--

          A. The commission shall charge and collect the following fees:

                (1) for filing an application for a certificate [as an intrastate common motor carrier of persons or household goods] or an application for an amendment of a certificate, or for a protest or permissive intervention in regard to the application, two hundred fifty dollars ($250);

                (2) for filing an application for a permit [as an intrastate contract motor carrier of persons or household goods] or an application for an amendment of a permit, or for a protest or permissive intervention in regard to the application, two hundred fifty dollars ($250);

                (3) for filing an application for a warrant [as an intrastate commuter service, charter service, towing service or motor carrier of property], twenty-five dollars ($25.00);

                (4) for filing an application or motion for intrastate temporary authority [as a common or contract motor carrier of persons or household goods] or a motion for modification or reconsideration of a grant of temporary authority, one hundred dollars ($100);

                (5) for filing an application for extension of temporary authority, fifty dollars ($50.00);

                (6) for filing an application for a change in an intrastate tariff for a tariffed service carrier, two hundred dollars ($200);

                (7) for filing an application for lease or transfer of a certificate or permit or for a protest or permissive intervention in regard to the application, two hundred dollars ($200);

                (8) for filing an application for reinstatement of a certificate or permit following voluntary or involuntary suspension, one hundred dollars ($100);

                (9) for filing an application for voluntary suspension of a certificate or permit, fifteen dollars ($15.00);

                [(10) for filing an application for a single trip ticket, five dollars ($5.00) per vehicle per trip;

                (11) for a single state registration receipt for interstate motor carriers, ten dollars ($10.00) per vehicle per registration year or portion of a registration year;

                (12)] (10) for filing a change [of] in the legal name of a holder of an operating authority, a change of business trade name or the addition or deletion of a business trade name of a holder of an operating authority, ten dollars ($10.00);

                [(13) for filing proof of financial responsibility, fifteen dollars ($15.00) per filing;

                (14) for filing an equipment lease, five dollars ($5.00) per vehicle leased;

                (15)] (11) for a miscellaneous filing, five dollars ($5.00) per document;

                [(16)] (12) for certifying copies of a record, order or operating authority, [fifteen dollars ($15.00)] the charge per page provided by law for governmental agencies;

                [(17)] (13) for paper or electronic copies of written commission documents or records, [one dollar ($1.00) per page, in addition to any applicable certification charge] the charge per page provided by law for governmental agencies; and

                [(18)] (14) for copies of other commission records, including electronic media, an amount set by the commission, in addition to any applicable certification charge.

          B. The secretary of state shall charge and collect a fee of four dollars ($4.00) for each process from a court served upon the secretary of state as the designated agent for service of process by operation of law.

          C. The "motor transportation fee fund" is created in the state treasury. The commission shall collect all fees at the time an application is filed or service is provided and shall remit them to the state treasurer, who shall deposit them in the fund. At the end of each month, the state treasurer shall transfer the unencumbered balance in the fund to the state road fund.

          D. If a fee has been erroneously paid, the person having paid the fee may apply for a refund in writing to the commission no later than sixty days after the erroneous payment. Upon approval of the application by the commission, the amount erroneously paid shall be refunded from the motor transportation fee fund to the person who made the payment.

          E. An application shall be fully completed within sixty days or the fee submitted with the application shall be forfeited to the state. If the applicant renews the application, [he] the applicant shall pay the applicable fee."

     SECTION 29. Section 65-2A-37 NMSA 1978 (being Laws 2003, Chapter 359, Section 37) is amended to read:

     "65-2A-37. ELECTRONIC FILING AND CERTIFICATION OF DOCUMENTS--ELECTRONIC PAYMENT OF FEES.--

          A. The commission [may] shall adopt rules permitting the electronic filing [of documents], submission and service of documents by facsimile, electronic mail or other electronic transmission, including original documents, and the certification of electronically filed documents when filing or certification is required or permitted pursuant to the Motor Carrier Act. The rules shall provide for the appropriate treatment of electronic filings to satisfy requirements for original documents or copies and shall provide the requirements for signature with respect to electronic filings. If the commission accepts electronic filing of a document, it may accept for filing a document containing [a copy of] a signature line, however made.

          B. The commission may accept a credit or debit card or other means of payment, in lieu of cash or check, as payment of a fee pursuant to the Motor Carrier Act. The commission shall determine those credit or debit cards or other means of payment that may be accepted for payment."

     SECTION 30. A new section of the Motor Carrier Act is enacted to read:

     "[NEW MATERIAL] TRANSITION.--

          A. Except as provided in this section, certificates, permits and warrants issued to motor carriers by the commission prior to July 1, 2013 shall remain in effect, subject to the provisions of the Motor Carrier Act and the commission's rules.            B. Certificates for limousine service and for tour and sightseeing service issued by the commission prior to July 1, 2013 shall be, on and after July 1, 2013, certificates for specialized

passenger service endorsed for nature of service as provided by commission rule. The commission may require holders of these certificates to exchange their certificates for newly issued certificates.

          C. Certificates for taxicab service issued prior to July 1, 2013 shall become void on and after July 1, 2013 and shall be replaced by certificates for taxicab service endorsed for the same territory and with the same additional terms of service as in the preexisting certificates. The certificates shall be endorsed also for nature of service as a general taxicab service, unless the holder of a certificate for taxicab service issued prior to July 1, 2013 has provided municipal taxicab service within the certificated territory, or portion thereof, adequately and continuously for the immediately prior twelve-month period, in which case the holder shall be issued a certificate endorsed for municipal taxicab service within that territory and endorsed for general taxicab service for any remainder of its certificated territory. The commission may provide for reasonable procedures regarding replacement of certificates and nature-of-service endorsement and shall issue new certificates effective on July 1, 2013.

          D. Certificates for shuttle service, terminal shuttle service, shared-ride service and bingo bus service issued prior to July 1, 2013 shall become void on and after that date and shall be replaced by certificates for shuttle service endorsed for the same

territory and with the same additional terms of service as in the preexisting certificates. The certificates shall be endorsed also for nature of service as a general shuttle service, unless the holder of a certificate for shuttle service issued prior to July 1, 2013 has provided scheduled shuttle service within the certificated terminal territory, or portion thereof, adequately and continuously for the immediately prior twelve-month period, in which case the holder shall be issued a certificate endorsed for scheduled shuttle service within that territory and endorsed for general shuttle service for any remainder of its certificated territory. The commission may provide by order for reasonable procedures regarding replacement of certificates and nature-of-service endorsement and shall issue new certificates effective on July 1, 2013.

          E. Certificates for household goods service issued prior to July 1, 2013 shall become void on and after that date and shall be replaced by warrants. The commission may provide by order for reasonable procedures regarding replacement of certificates by warrants and shall issue warrants for household goods service effective on July 1, 2013.

          F. A person applying for a certificate, permit or warrant from July 1, 2013 through June 30, 2014 shall not be rejected on the grounds that the person has previously provided motor carrier services without authorization from the commission."

     SECTION 31. REPEAL.--Sections 65-2A-9, 65-2A-17, 65-2A-23, 65-2A-24 and 65-2A-40 NMSA 1978 (being Laws 2003, Chapter 359, Sections 9, 17, 23, 24 and 40) are repealed.

     SECTION 32. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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