HB0335

HOUSE BILL 335

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Alonzo Baldonado

AN ACT

RELATING TO THE DEPARTMENT OF PUBLIC SAFETY; REORGANIZING THE DEPARTMENT OF PUBLIC SAFETY; PLACING THE SPECIAL INVESTIGATIONS DIVISION, THE TRAINING AND RECRUITING DIVISION AND THE MOTOR TRANSPORTATION DIVISION UNDER THE NEW MEXICO STATE POLICE DIVISION.

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

SECTION 1. Section 9-19-4 NMSA 1978 (being Laws 1987, Chapter 254, Section 4, as amended) is amended to read:

"9-19-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "department of public safety". The department shall be a cabinet department and shall consist of, but not be limited to, [five program divisions, an administrative division and an information technology division as follows] the following divisions:

A. the New Mexico state police division;

[B. the special investigations division;

C. the training and recruiting division;

D.] B. the technical support division;

[E.] C. the administrative services division;

[F. the motor transportation division] and

[G.] D. the information technology division."

SECTION 2. Section 9-19-6 NMSA 1978 (being Laws 1987, Chapter 254, Section 6, as amended) is amended to read:

"9-19-6. SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is [his] the secretary's duty to manage all operations of the department and to administer and enforce the laws with which [he] the secretary or the department is charged.

B. To perform [his] the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Department of Public Safety Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations [provided that the secretary shall not reduce positions for the seventy-sixth fiscal year budgeted in the General Appropriation Act of 1987 except for cause, by attrition or by occurrence of a vacancy];

(2) delegate authority to subordinates as [he] the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

(3) organize the department into those organizational units [he] the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge [his] the secretary's duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law with the administration or execution of which [he] the secretary is responsible and to enforce those orders and instructions by appropriate administrative action [or actions] in the court;

(6) conduct research and studies that will improve the operation of the department and examine other entities and functions of state government related to public safety for purposes of possible transfer to the department;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department;

(9) provide cooperation, at the request of heads of administratively attached agencies, in order to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies, if any;

(10) appoint, with the governor's consent, for each division, a director. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary;

(11) appoint the director of the New Mexico law enforcement academy, subject to the approval of the New Mexico law enforcement academy board;

(12) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require directors to each give bond in the penal sum of ten thousand dollars ($10,000), conditioned upon the faithful performance of duties as provided in the Surety Bond Act, with the department paying the cost of such bonds; and

(13) require performance bonds of such employees and officers as [he] the secretary deems necessary as provided in the Surety Bond Act, with the department paying the costs of such bonds.

C. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including but not limited to United States government funds, available to the department to carry out its programs, duties or services.

D. Where functions of departments overlap or a function assigned to one department could better be performed by another department, the secretary may recommend appropriate legislation to the next session of the legislature for its approval.

E. The secretary may make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions. No rule or regulation promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary unless otherwise provided by statute. Unless otherwise provided by statute, no regulation affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by [him] the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing.

F. All rules and regulations shall be filed in accordance with the State Rules Act."

SECTION 3. Section 9-19-7 NMSA 1978 (being Laws 1987, Chapter 254, Section 7, as amended) is amended to read:

"9-19-7. ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

A. The organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-19-6 NMSA 1978. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

B. The New Mexico state police division shall consist of the commissioned officers and civilian personnel, including all communications equipment operators, of the New Mexico state police uniform division and the commissioned officers and civilian personnel of the New Mexico state police criminal division and such other personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The New Mexico state police division shall also include:

[C.] (1) the special investigations [division] unit, which shall consist of the enforcement personnel of the [department of alcoholic beverage control] former special investigations division and such other personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The [division] unit is responsible for the enforcement of the New Mexico Bingo and Raffle Act and the Liquor Control Act;

(2) the training and recruiting bureau, which shall consist of the personnel of the New Mexico law enforcement academy, the New Mexico state police training division and all other training personnel and functions of the department as the secretary may transfer to this bureau; and

(3) the motor transportation police bureau, which shall consist of the enforcement and civilian personnel of the former motor transportation division. The bureau is responsible for enforcing the Motor Carrier Act, the Motor Transportation Act, the Motor Vehicle Code and the applicable parts of the Criminal Code.

[D.] C. The technical support division shall consist of functions such as [communications] crime laboratory and records.

[E. The training and recruiting division shall consist of the personnel of the New Mexico law enforcement academy, the New Mexico state police training division and all other training personnel and functions of the department as the secretary may transfer to this division.

F.] D. The administrative services division shall consist of the administrative services [and services divisions of the New Mexico state police and those administrative support personnel of the other existing departments, divisions or offices] as the secretary deems necessary.

E. The information technology division shall consist of such functions as computer and technology support as the secretary deems necessary."

SECTION 4. Section 29-2-1.1 NMSA 1978 (being Laws 1987, Chapter 254, Section 18, as amended) is amended to read:

"29-2-1.1. DEFINITIONS.--As used in Chapter 29 NMSA 1978:

A. "chief" or "chief of the state police" means the director of the New Mexico state police division of the department;

B. "commission" means the public safety advisory commission;

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

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

E. "New Mexico law enforcement academy" or "academy" means [a bureau] the section of the training and recruiting bureau of the New Mexico state police division of the department of public safety established pursuant to the Law Enforcement Training Act;

F. "New Mexico state police" means the New Mexico state police division of the department; and

[G. "New Mexico state police board" or "board" means the secretary of public safety; and

H.] G. "secretary" means the secretary of public safety."

SECTION 5. Section 29-2-3 NMSA 1978 (being Laws 1941, Chapter 147, Section 3, as amended) is amended to read:

"29-2-3. NEW MEXICO STATE POLICE--ORGANIZATION.--The New Mexico state police shall consist of a chief and such [patrolmen] patrol officers, sergeants, lieutenants and captains as the [New Mexico state police board] secretary may deem advisable within the limits of the funds appropriated for the New Mexico state police; provided [however] that the number of captains, lieutenants and sergeants shall not exceed twenty-five percent of the total number of the police, exclusive of the chief; but this requirement shall not be interpreted so as to require the demotion of any member of the previous state police division [of the criminal justice department], the former motor transportation division, the former special investigations division or the former training and recruiting division."

SECTION 6. Section 29-2-4 NMSA 1978 (being Laws 1941, Chapter 147, Section 4, as amended) is amended to read:

"29-2-4. APPOINTMENTS--REMOVAL.--The chief of the New Mexico state police shall be appointed by the [New Mexico state police board] secretary. All [patrolmen] patrol officers and other officers and all civilian employees shall be appointed by the chief."

SECTION 7. Section 29-2-4.1 NMSA 1978 (being Laws 1979, Chapter 202, Section 16) is amended to read:

"29-2-4.1. RULES [AND REGULATIONS].--The [New Mexico state police board] secretary shall promulgate rules [and regulations] governing employment and operating practices and related matters for employees of the New Mexico state police."

SECTION 8. Section 29-2-6 NMSA 1978 (being Laws 1941, Chapter 147, Section 6, as amended) is amended to read:

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

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

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

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

(3) except as otherwise provided in Subsection B of this section, at the time of their appointment, have completed at least sixty hours of college credit or have had two years of military or law enforcement service, except those members of the former motor transportation division, the former special investigations division and the former training and recruiting division;

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

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

B. Notwithstanding the requirement of Paragraph (3) of Subsection A of this section, the chief may appoint a member of the New Mexico state police who has at least thirty hours of college credit, and the chief shall determine an appropriate time period after appointment for the member to complete the additional thirty hours of college credit required. This provision shall not apply to members of the former motor transportation division, the former special investigations division and the former training and recruiting division.

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

SECTION 9. Section 29-2-7 NMSA 1978 (being Laws 1941, Chapter 147, Section 7, as amended) is amended to read:

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

SECTION 10. Section 29-2-8 NMSA 1978 (being Laws 1941, Chapter 147, Section 8, as amended) is amended to read:

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

SECTION 11. Section 29-2-9 NMSA 1978 (being Laws 1941, Chapter 147, Section 9, as amended) is amended to read:

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

A. All new appointments as members of the New Mexico state police shall be for a probationary period of two years. During [such] the probationary period, [such] the new members may be removed or suspended at the discretion of the chief [of the New Mexico state police]. At the end of two years of satisfactory service and upon recommendation of the chief and with concurrence of the [New Mexico state police board] secretary, the appointee may receive a permanent commission as a member of the New Mexico state police. However, the probationary period may be extended beyond a two-year period upon the recommendation of the chief with the concurrence of the [board] secretary. This subsection shall not apply to the members of the former motor transportation division, the former special investigations division or the former training and recruiting division. Members who are on probation on July 1, 2014 shall complete the probationary period under which they were hired.

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

SECTION 12. Section 29-2-10 NMSA 1978 (being Laws 1941, Chapter 147, Section 10, as amended) is amended to read:

"29-2-10. PROMOTIONS.--All promotions in the New Mexico state police to the rank of sergeant shall be made after written examinations [provided, however, that on such examination for the rank of sergeant, the record of the party seeking promotion as a member of the New Mexico state police and his length of service shall be given a weight of forty percent in such examination]. All promotions above the rank of sergeant shall be made by the chief after concurrence and approval by the [New Mexico state police board] secretary. The ranks of sergeant, lieutenant and captain shall be permanent unless established as an exempt rank by the chief with the concurrence of the [board] secretary. All promotions above the rank of captain are by executive appointment of the chief with concurrence of the [board] secretary, and [such] those persons shall serve at the pleasure of the chief with the concurrence of the [board] secretary."

SECTION 13. Section 29-2-12 NMSA 1978 (being Laws 1941, Chapter 147, Section 12, as amended) is amended to read:

"29-2-12. OATH.--All members of the New Mexico state police and the [New Mexico state police board] secretary shall take the oath of office required of all state officials."

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

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

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

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

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

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

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

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

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

C. This section shall not apply to members of the former motor transportation division, the former special investigations division or the former training and recruiting division."

SECTION 16. Section 29-2-18 NMSA 1978 (being Laws 1941, Chapter 147, Section 17, as amended) is amended to read:

"29-2-18. STATE POLICE CHIEF AND OTHER MEMBERS--POWERS AND DUTIES.--

A. The chief and other members of the New Mexico state police, [who] when duly commissioned and sworn under the provisions of Sections 29-2-1 through 29-2-29 NMSA 1978, shall have the following powers and [shall perform the following duties:

A. they] shall be:

(1) conservators of the peace within the state with full power to apprehend, arrest and bring before the proper court all law violators within the state;

[B. they shall be]

(2) ex-officio deputies and agents of all the officers and departments of the taxation and revenue department and of the officers and departments within the state charged with the registration of motor vehicles, the issuance of licenses to operators of motor vehicles and of the officers and departments of the state charged with the regulation and control of motor vehicles operated upon the public highways for hire in the transportation of either passengers or property; and

[C. they shall be]

(3) charged with the enforcement of all laws of New Mexico regulating the use of highways. [and

D.] B. Upon request of any officer or agency of the state charged with the duty of enforcing any law of the state that is made to the [New Mexico state police board] secretary, one or more members of the New Mexico state police may be temporarily designated specifically to enforce the provisions of such law."

SECTION 17. Section 29-2-19 NMSA 1978 (being Laws 1977, Chapter 257, Section 34, as amended) is amended to read:

"29-2-19. CHIEF--QUALIFICATIONS--REMOVAL.--

A. The chief is the executive officer of the New Mexico state police and [shall be] is subject to the control, supervision and direction of the [New Mexico state police board. He shall] secretary. The appointee, at the time of [his] appointment as chief by the [board] secretary, shall have been a member of the New Mexico state police holding a permanent commission for ten continuous years immediately prior to [his] the appointment and shall have served not less than three years in a supervisory capacity [and said]. Appointment shall be made with the consent of the senate.

B. The chief shall serve at the pleasure of the [New Mexico state police board] secretary.

C. The seniority and retirement rating of the chief shall be continuous as for any other member.

D. The chief shall maintain [his] an office in Santa Fe in such quarters as are provided by the New Mexico state police for that purpose."

SECTION 18. Section 29-2-20 NMSA 1978 (being Laws 1941, Chapter 147, Section 19, as amended) is amended to read:

"29-2-20. DISTRICTS.--The New Mexico state police chief, subject to the control of the [New Mexico state police board] secretary, may divide the state into districts and may designate home stations for the members of the New Mexico state police."

SECTION 19. Section 29-2-22 NMSA 1978 (being Laws 1941, Chapter 147, Section 21, as amended) is amended to read:

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

SECTION 20. Section 29-2-24 NMSA 1978 (being Laws 1941, Chapter 147, Section 25, as amended) is amended to read:

"29-2-24. WAIVER.--The provisions of Sections 29-2-6 through 29-2-8 NMSA 1978 may be waived by the [unanimous vote of all members of the New Mexico state police board] secretary with regard to plainclothes [men] or special investigators and other employees not regularly uniformed."

SECTION 21. Section 29-2-25 NMSA 1978 (being Laws 1947, Chapter 38, Section 1, as amended) is amended to read:

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

SECTION 22. Section 29-7-4 NMSA 1978 (being Laws 1969, Chapter 264, Section 6, as amended) is amended to read:

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

[A. approve or disapprove the appointment of the director by the secretary;

B.] A. develop and implement a planned program of: (1) basic law enforcement training and in-service law enforcement training, a portion of which may be conducted on a regional basis; and

(2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act, a portion of which may be conducted on a regional basis;

[C.] B. prescribe qualifications for instructors and prescribe courses of instruction for:

(1) basic law enforcement training and in-service law enforcement training; and

(2) basic telecommunicator training and in-service telecommunicator training, as provided in the Public Safety Telecommunicator Training Act;

[D.] C. report annually to the governor;

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

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

[G.] F. issue, grant, deny, renew, suspend or revoke a:

(1) peace officer's certification for any cause set forth in the provisions of the Law Enforcement Training Act; and

(2) telecommunicator's certification for any just cause set forth in the Public Safety Telecommunicator Training Act;

[H.] G. administer oaths, subpoena persons and take testimony on any matter within the board's jurisdiction; and

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

SECTION 23. Section 29-7-6.1 NMSA 1978 (being Laws 1993, Chapter 255, Section 7) is amended to read:

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

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

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

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

SECTION 24. Section 29-7-12 NMSA 1978 (being Laws 1981, Chapter 114, Section 12, as amended) is amended to read:

"29-7-12. CHARGES--FUND CREATED--USE.--

A. The training and recruiting [division] bureau of the department of public safety shall not charge local public bodies and New Mexico Indian tribes and pueblos for any expenses associated with providing basic law enforcement training programs to applicants for certification seeking commission pursuant to the provisions of the Law Enforcement Training Act. The [division] bureau may charge state agencies and institutions and federal agencies and shall charge civilian participants for the cost of providing basic law enforcement training programs, which charges shall be specified in a tuition and fee schedule promulgated by the New Mexico law enforcement academy board and shall not exceed the actual cost of providing the training programs.

B. The training and recruiting [division] bureau of the department of public safety may charge state agencies and institutions, local public bodies, New Mexico Indian tribes and pueblos and federal agencies and shall charge civilian participants for the cost of providing advanced training programs, which charges shall be specified in a tuition and fee schedule promulgated by the New Mexico law enforcement academy board and shall not exceed the actual cost of providing the training programs.

C. The training and recruiting [division] bureau of the department of public safety may charge for the rental or other use of the academy's facility, personnel and equipment, which charges shall be specified in a tuition and fee schedule promulgated by the New Mexico law enforcement academy board and shall not exceed the actual cost of the facility, personnel or equipment.

D. The "law enforcement training and recruiting fund" is created in the state treasury. Money received by the training and recruiting [division] bureau of the department of public safety for activities specified in this section shall be deposited in the fund. The department of public safety shall administer the fund, and money in the fund is appropriated to the [division] bureau to offset the operational costs of the [division. Unexpended or unencumbered balances in the fund shall revert to the general fund at the end of a fiscal year] bureau. The money in the fund shall be nonreverting. Money shall be expended on warrants issued by the secretary of finance and administration upon vouchers signed by the secretary of public safety or [his] the secretary of public safety's authorized representative.

E. As used in this section, "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions."

SECTION 25. Section 60-3A-1 NMSA 1978 (being Laws 1981, Chapter 39, Section 1, as amended) is amended to read:

"60-3A-1. SHORT TITLE.--Chapter 60, Articles 3A, [4B, 4C] 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A [of Chapter 60] NMSA 1978 may be cited as the "Liquor Control Act"."

SECTION 26. Section 60-3A-3 NMSA 1978 (being Laws 1981, Chapter 39, Section 3, as amended) is amended to read:

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

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

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

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

D. "club" means:

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

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

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

(2) an airline passenger membership club operated by an air common carrier that maintains or operates a clubroom at an international airport terminal. As used in this paragraph, "air common carrier" means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the federal aviation administration;

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

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

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

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

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

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

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

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

M. "licensed premises" means the contiguous areas or areas connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the structure and the grounds and vineyards of a structure that is a winery that are under the direct control of the licensee and from which the licensee is authorized to sell, serve or allow the consumption of alcoholic beverages under the provisions of its license; provided that in the case of a restaurant, "licensed premises" includes a restaurant that has operated continuously in two separate structures since July 1, 1987 and that is located in a local option district that has voted to disapprove the transfer of liquor licenses into that local option district, hotel, golf course or racetrack and all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course or racetrack. "Licensed premises" also includes rural dispenser licenses located in the unincorporated areas of a county with a population of less than thirty thousand, located in buildings in existence as of January 1, 2012, that are within one hundred fifty feet of one another and that are under the direct control of the license holder;

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

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

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

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

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

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

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

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

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

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

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

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

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

AA. "winer" means a winegrower; and

BB. "winery" means a facility in which a winegrower manufactures and stores wine."

SECTION 27. Section 60-4B-4.1 NMSA 1978 (being Laws 1993, Chapter 329, Section 1) is recompiled as Section 60-3A-6.1 NMSA 1978 and is amended to read:

"60-3A-6.1. LOCAL LAW ENFORCEMENT--DEPARTMENT OF PUBLIC SAFETY--REPORTING REQUIREMENTS--AUTHORITY TO REQUEST INVESTIGATIONS.--

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

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

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

SECTION 28. Section 60-4B-7 NMSA 1978 (being Laws 1981, Chapter 39, Section 10) is recompiled as Section 60-3A-6.2 NMSA 1978 and is amended to read:

"60-3A-6.2. REPORT TO THE GOVERNOR.--The [director] chief of the New Mexico state police shall make a biennial report to the governor concerning the status of the department."

SECTION 29. Section 60-4B-4 NMSA 1978 (being Laws 1981, Chapter 39, Section 7) is recompiled as Section 60-3A-8.1 NMSA 1978 and is amended to read:

"60-3A-8.1. INVESTIGATIVE AUTHORITY AND POWERS.--

A. For the purpose of enforcing the provisions of the Liquor Control Act, the director is authorized to examine and to require the production of [any] pertinent records, books, information or evidence, to require the presence of any person and to require [him] the person to testify under oath concerning the subject matter of the inquiry and to make a permanent record of the proceedings.

B. The director is vested with the power to issue subpoenas. In no case shall a subpoena be made returnable less than five days from the date of service.

C. Any subpoena issued by the director shall state with reasonable certainty the nature of the evidence required to be produced, the time and place of the hearing, the nature of the inquiry or investigation and the consequences of failure to obey the subpoena, and shall bear the seal of the department and be attested to by the director.

D. After service of a subpoena upon [him] a person, if [any] a person neglects or refuses to appear or produce records or other evidence in response to the subpoena or neglects or refuses to give testimony, as required, the director may invoke the aid of the New Mexico district courts in the enforcement of the subpoena. In appropriate cases, the court shall issue its order requiring the person to appear and testify or produce [his] the person's books or records and may, upon failure of the person to comply with the order, punish the person for contempt.

E. The director may exchange identification records and information with law enforcement agencies for official use. [Any] Identification records received from the United States department of justice, including identification records based on fingerprints, shall be used only to effectuate the licensing purposes and provisions of the Liquor Control Act. The department shall not disseminate such information except to other law enforcement agencies for official use only.

F. For the purposes of this section, "director" means the director of the alcohol and gaming division of the regulation and licensing department."

SECTION 30. Section 65-1-2 NMSA 1978 (being Laws 1978, Chapter 19, Section 1, as amended) is amended to read:

"65-1-2. DEFINITIONS.--As used in the Motor Transportation Act:

A. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear;

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

C. "commercial motor carrier vehicle" means a self-propelled or towed vehicle, other than special mobile equipment, used on public highways in commerce to transport passengers or property when the vehicle:

(1) is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one or more pounds;

(2) is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;

(3) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or

(4) is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law;

D. "converter gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A "converter gear" shall not be considered a vehicle as that term is used in Chapter 66 NMSA 1978, but its weight [attributable thereto] shall be included in declared gross weight;

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

F. "department", without modification, means the department of public safety, the secretary of public safety or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

G. "director" means the secretary;

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

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

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

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

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

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

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

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

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

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

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

S. "secretary" means the secretary of public safety and, except for the purposes of Section 65-1-33 NMSA 1978, also includes [the] a deputy secretary and any division director delegated by the secretary;

T. "state" or "jurisdiction" means a state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, a foreign country or a state or province of a foreign country; and

U. "utility trailer" means any trailer, semitrailer or pole trailer and includes house trailers that exceed neither eight feet in width nor forty feet in length, but does not include freight trailers, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight."

SECTION 31. Section 65-1-35 NMSA 1978 (being Laws 1967, Chapter 97, Section 44, as amended) is amended to read:

"65-1-35. DUPLICATE RECORDS.--If the [motor transportation] New Mexico state police division in carrying out any of the powers and duties granted or imposed on it by the Motor Transportation Act needs duplicates of any records not transferred to it by [this] that act, all departments, agencies and commissions of this state shall, upon request, make the records available to the division for copying."

SECTION 32. Section 66-1-4.2 NMSA 1978 (being Laws 1990, Chapter 120, Section 3, as amended) is amended to read:

"66-1-4.2. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "bicycle" means every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices;

B. "bureau" means the traffic safety bureau of the [state highway and] department of transportation [department];

C. "bus" means every motor vehicle designed and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation; and

D. "business district" means the territory contiguous to and including a highway when within any three hundred feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings that occupy at least fifty percent of the frontage on one side or fifty percent of the frontage collectively on both sides of the highway."

SECTION 33. Section 66-3-302 NMSA 1978 (being Laws 1978, Chapter 35, Section 78, as amended) is amended to read:

"66-3-302. CARAVAN FEE.--

A. A person or an employee, agent or representative of that person shall not use the highways of New Mexico for the transportation of any vehicle, regardless of whether the vehicle is registered in another state or whether the vehicle is transported on its own wheels or on another vehicle or by being drawn or towed behind another, if the vehicle is transported by any person or the agents or employees of that person engaged in the business of transporting vehicles or if the vehicle is being transported for the purpose of delivery to any purchaser of the vehicle on a sale or contract of sale previously made, unless the vehicle carries:

(1) a valid New Mexico registration plate;

(2) a valid dealer's plate issued by the department;

(3) a special permit for the use of the highways of this state for the transportation of the vehicle in the manner in which the vehicle is being transported, which has first been obtained and the fee paid as specified in this section; or

(4) a valid temporary transportation permit issued under Subsection B of Section 66-3-6 NMSA 1978.

B. Special permits for the use of the highways of this state for the transportation of such vehicles shall be issued by the department of public safety upon application on the form prescribed by the department of public safety and upon payment of a fee of ten dollars ($10.00) for each vehicle transported by use of its own power and a fee of seven dollars ($7.00) for each vehicle carried in or on another vehicle or towed or drawn by another vehicle and not transported in whole or in part by the use of its own power. A fee imposed pursuant to this section may be referred to as a "caravan fee". Every permit shall show upon its face the registration number assigned to each vehicle, the name and address of the owner, the manner of transportation authorized and a description of the vehicle registered, including the engine number. The permit shall be carried at all times by the person in charge of the vehicle. A suitable tag or placard for each vehicle may be issued by the department of public safety and, if issued, shall be at all times displayed on each vehicle being transported. The permit, tag or placard shall not be used upon or in connection with the transportation of any vehicle other than the one for which the permit, tag or placard is issued.

C. A caravan fee shall not apply to the transportation of vehicles carried on another vehicle for the operation of which a weight distance tax is paid, nor shall the vehicle transported be required to carry a registration plate or temporary transportation permits. The [motor transportation and the] New Mexico state police [divisions] division of the department of public safety [are] is authorized to impound any vehicle transported in violation of the Motor Transportation Act until a proper permit has been secured and any fine levied has been paid."

SECTION 34. Section 66-7-314 NMSA 1978 (being Laws 1978, Chapter 35, Section 418, as amended) is amended to read:

"66-7-314. MOVEMENT OF HAZARDOUS VEHICLE--ESCORT MAY BE REQUIRED.--When, in the judgment of the [motor transportation] New Mexico state police division of the department of public safety or local authorities with respect to highways under their jurisdiction, the movement of any vehicle is deemed a hazard to traffic upon a highway over which the vehicle is to travel, the granting of permission for the movement of the vehicle may be conditioned upon a special escort accompanying the hazardous vehicle."

SECTION 35. Section 66-7-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 492, as amended) is amended to read:

"66-7-505. ADVISORY COMMITTEE--CREATION--MEMBERS--TERMS.--

A. There is created a five-member advisory committee to the bureau. The chief is, ex officio, the chair and a voting member of the committee. The governor shall appoint three members, to terms coterminous with the governor's tenure, who shall have the following qualifications:

(1) one member who is representative of the law enforcement agencies of this state;

(2) one member who is representative of the school bus transportation function of the public education department; and

(3) one member who is representative of the [motor transportation] New Mexico state police division of the department of public safety.

B. Appointees who are public officers or public employees shall be compensated for attendance at meetings according to the Per Diem and Mileage Act. Appointees who are not public officers or employees shall be compensated for attendance at meetings in commensurate amount."

SECTION 36. Section 66-7-411 NMSA 1978 (being Laws 1978, Chapter 35, Section 482, as amended) is amended to read:

"66-7-411. AUTHORIZED REPRESENTATIVE MAY WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS--GRADUATED PENALTIES.--

A. A police officer with the [motor transportation division or the] New Mexico state police division of the department of public safety, having reason to believe that the weight of a vehicle and load is unlawful, may require the driver to stop and submit to weighing of the vehicle and load by means of either portable or stationary scales and may require the vehicle to be driven to the nearest scales approved by the department of public safety if the scales are within five miles.

B. When a police officer with the [motor transportation division or the] New Mexico state police division of the department of public safety or a transportation inspector, upon weighing a vehicle or combination, determines that the gross vehicle weight or combination gross vehicle weight exceeds the maximum authorized by Sections 66-7-409 and 66-7-410 NMSA 1978, the officer or inspector shall require the driver or owner of the vehicle or combination to unload that portion of the load necessary to decrease the gross vehicle weight or combination gross vehicle weight to the authorized maximum.

C. A driver of a vehicle who fails or refuses to stop and submit the vehicle and load to weighing or who fails or refuses, when directed by a duly authorized police officer with the [motor transportation division or the] New Mexico state police division of the department of public safety or a transportation inspector, upon a weighing of the vehicle, to unload the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.

D. A shipper or a person loading the vehicle who intentionally overloads a vehicle that the shipper or person has reason to believe will travel in that condition upon a public highway is guilty of a misdemeanor and shall be fined in accordance with Subsection E of this section.

E. In all cases of violations of weight limitations, the penalties shall be assessed and imposed in accordance with the following schedule:

WEIGHT OF EXCESS

LOAD IN POUNDS AMOUNT OF FINE

1 to 3,000 fifty dollars ($50.00)

3,001 to 4,000 eighty dollars ($80.00)

4,001 to 5,000 one hundred dollars ($100)

5,001 to 6,000 one hundred fifty dollars ($150)

6,001 to 7,000 two hundred fifty dollars ($250)

7,001 to 8,000 three hundred fifty dollars ($350)

8,001 to 9,000 four hundred dollars ($400)

9,001 to 10,000 five hundred dollars ($500)

over 10,000 seven hundred dollars ($700)."

SECTION 37. Section 66-7-412 NMSA 1978 (being Laws 1959, Chapter 247, Section 1, as amended) is amended to read:

"66-7-412. SPECIAL FARM PERMITS.--The [motor transportation] New Mexico state police division of the department of public safety shall have the authority to issue special permits at all ports of entry where registration stations or places where inspection and registration services are maintained by the [motor transportation] New Mexico state police division to all implements of husbandry using the highways, including farm tractors, and to the instrumentalities or vehicles that may be carrying the implements of husbandry, including farm tractors, when the securing of these permits is required by law."

SECTION 38. Section 66-7-413.2 NMSA 1978 (being Laws 1989, Chapter 291, Section 1, as amended) is amended to read:

"66-7-413.2. ENGINEERING INVESTIGATIONS FOR VEHICLES IN EXCESS OF ONE HUNDRED SEVENTY THOUSAND POUNDS.--

A. All vehicles with a gross vehicle weight in excess of one hundred seventy thousand pounds shall require a special permit as provided for in Section 66-7-413 NMSA 1978, and no such permit shall be issued unless:

(1) an engineering investigation and review have been conducted to:

(a) establish whether the move could be made without visible or documented damages to the portion of road or bridges upon which the move is to be made;

(b) establish whether the move could be made without visible or documented damages to any private facilities along the road upon which the move is to be made; and

(2) when required, the applicant has submitted to the [motor transportation] New Mexico state police division of the department of public safety and the local highway authorities all pertinent information requested of the applicant by the [motor transportation] New Mexico state police division [of the department of public safety]. If the submitted data [is] are not acceptable to the [state highway and] department of transportation [department], the applicant will be advised by the [motor transportation] New Mexico state police division [of the department of public safety] that engineering investigations will be conducted by the [state highway and] department of transportation [department], and the cost incurred by the [state highway and] department of transportation [department] will be paid by the applicant as an added cost to [his] the permit fee.

B. The [motor transportation] New Mexico state police division [of the department of public safety] shall adopt the necessary rules and regulations for the development of data for an investigation to determine whether to issue any special permit pursuant to Section 66-7-413 NMSA 1978.

C. The applicant or the applicant's employer shall pay the costs for any modifications to the road, bridges or private facilities along the road that the [motor transportation] New Mexico state police division [of the department of public safety] has determined are necessary for the issuance of the special permit and the costs for any damages to the road or bridges that are the result of the move and the fault of the mover and not the [motor transportation] New Mexico state police division [of the department of public safety].

D. Any person who violates the provisions of Subsection A of this section [shall be] is guilty of a misdemeanor and punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for a definite term not to exceed six months, or both.

E. Nothing contained in this section shall limit in any manner the authority of the state, a county, a municipality or a political subdivision [thereof] to collect damages for any unlawful use of highways as provided by law."

SECTION 39. Section 66-7-413.4 NMSA 1978 (being Laws 2001, Chapter 20, Section 2, as amended) is amended to read:

"66-7-413.4. PERMITS FOR EXCESSIVE WEIGHT.--

A. In addition to the authority granted in Section 66-7-413 NMSA 1978, the [motor transportation] New Mexico state police division of the department of public safety may issue special permits authorizing an increase of up to twenty-five percent in axle weight for liquid hauling tank vehicles whenever the liquid hauling tank vehicles would have to haul less than a full tank under the maximum weights authorized in [Section] Sections 66-7-409 and 66-7-410 NMSA 1978. A special permit under this section may be issued for a single trip or for a year. The fee for the permits shall be thirty-five dollars ($35.00) for a single-trip permit and one hundred twenty dollars ($120) for an annual permit. Revenue from the permit fee shall be used to build, maintain, repair or reconstruct the highways and bridges of this state. Revenue from the permit shall be collected for the department of transportation and transferred to the state road fund.

B. The special permits authorized by this section shall not be valid for transportation of excessive weights on the interstate system as currently defined in federal law or as that system may be defined in the future. A special permit issued pursuant to this section shall not be valid for gross vehicle weights in excess of eighty-six thousand four hundred pounds or for a combination vehicle.

C. If the federal highway administration of the United States department of transportation gives official notice that money will be withheld or that this section violates the grandfather provision of 23 USCA 127, the secretary may withdraw all special permits and discontinue issuance of all special permits authorized in this section until such time that final determination is made. If the final determination allows the state to issue the special permits without sanction of funds or weight tables, the secretary shall reissue the special permits previously withdrawn and make the special permits available pursuant to this section."

SECTION 40. Section 66-7-415 NMSA 1978 (being Laws 1955, Chapter 37, Section 12, as amended) is amended to read:

"66-7-415. WHEN THE STATE TRANSPORTATION COMMISSION OR LOCAL AUTHORITIES MAY RESTRICT RIGHT TO USE STREETS.--

A. Local authorities, with respect to streets under their jurisdiction, may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or may impose limitations as to [the] size or weight [thereof] on designated streets in areas that are primarily residential, which prohibitions and limitations shall be designated by appropriate signs placed on [such] the street.

B. The local authority enacting an ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of [any] the street affected, and the ordinance or resolution shall not be effective [unless and] until [such] signs are erected and maintained and notice [thereof] given in writing to the nearest officer or employee of the [motor transportation] New Mexico state police division of the department of public safety authorized to issue special permits.

C. The state transportation commission shall likewise have authority, as granted to local authorities in Subsections A and B of this section, to determine by resolution and to impose restrictions as to the size and weight of vehicles operated upon any highways under the jurisdiction of the commission, and such restrictions shall be effective [on and after] upon the passage of a resolution and when signs giving notice thereof are erected upon the highway or portion of any highway affected by [such] the resolution. The commission shall deliver a copy of all restrictions adopted by it to the [motor transportation] New Mexico state police division of the department of public safety."

SECTION 41. TEMPORARY PROVISIONS--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On July 1, 2014:

A. all personnel, appropriations, money, records, equipment, supplies and other property of the special investigations, training and recruiting and motor transportation divisions of the department of public safety shall be transferred to the New Mexico state police division of the department of public safety;

B. all contracts of the special investigations, training and recruiting and motor transportation divisions of the department of public safety shall be binding and effective on the New Mexico state police division of the department of public safety; and

C. all references in law to the special investigations, training and recruiting or motor transportation division of the department of public safety shall be deemed to refer to the New Mexico state police division of the department of public safety.

SECTION 42. REPEAL.--Sections 29-7-5.1, 60-4B-1, 60-4B-2, 65-1-7 and 65-1-38 through 65-1-45 NMSA 1978 (being Laws 1979, Chapter 202, Section 45, Laws 1981, Chapter 39, Sections 4 and 5, Laws 1998 (1st S.S.), Chapter 10, Section 6 and Laws 2007, Chapter 54, Sections 1 through 8, as amended) are repealed.

SECTION 43. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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