0001|                           SENATE BILL 864
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           SHANNON ROBINSON
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO TECHNICAL AND VOCATIONAL INSTITUTE DISTRICTS;
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0012|     PROVIDING TECHNICAL AND VOCATIONAL INSTITUTES AUTHORITY TO
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0013|     IMPLEMENT CAMPUS TRAFFIC REGULATION AND TO EMPLOY INSTITUTE
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0014|     SECURITY OFFICERS.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Technical and Vocational
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0018|     Institute Act is enacted to read:
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0019|          "[<u>NEW MATERIAL</u>]  CAMPUS TRAFFIC REGULATIONS.--
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0020|               A.  The board of each technical and vocational
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0021|     institute may promulgate regulations governing the operation
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0022|     and parking of vehicles on any area within the exterior
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0023|     boundaries of lands under its control that is not a municipal
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0024|     street or highway, including but not limited to:
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0025|                    (1)  limiting the rates of speed;
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0001|                    (2)  assigning parking spaces, designating
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0002|     parking areas and their uses and collecting rent for them;
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0003|                    (3)  prohibiting parking;
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0004|                    (4)  removing vehicles parked in violation of
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0005|     campus traffic regulations at the expense of the violator, who
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0006|     shall pay the expense before the vehicle is released; and
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0007|                    (5)  instituting a system of vehicle
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0008|     registration for the identification and regulation of vehicles
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0009|     regularly using institutional premises, including a reasonable
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0010|     charge to defray costs of providing parking and traffic
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0011|     enforcement services and campus parking.
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0012|               B.  Areas subject to campus traffic regulations
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0013|     shall be marked with signs conforming with standards used by
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0014|     the state highway and transportation department.
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0015|               C.  Regulations of the board promulgated pursuant to
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0016|     this section shall include a specific penalty for each type of
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0017|     violation, which shall not exceed one hundred dollars ($100). 
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0018|     In addition, the board may impose an administrative cost
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0019|     assessment not exceeding five dollars ($5.00) for each parking
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0020|     citation issued as costs of administration of a campus traffic
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0021|     program.
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0022|               D.  Except as provided by Subsection J of this
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0023|     section, unless a warning notice or a parking citation is
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0024|     given, at the time of making an arrest for any violation of
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0025|     this section, the arresting officer shall offer the alleged
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0001|     violator the option of accepting a penalty assessment or
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0002|     appearing in the metropolitan, municipal or magistrate court
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0003|     within five days after issuance of the citation.  The
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0004|     violator's signature on the penalty assessment notice
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0005|     constitutes an acknowledgment of guilt of the offense stated in
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0006|     the notice.
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0007|               E.  Payment of any parking violation penalty
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0008|     assessment shall be made by mailing the payment, within five
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0009|     days from the date the citation was issued, to the technical
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0010|     and vocational institute security office for processing in the
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0011|     manner prescribed by the board.
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0012|               F.  Payment of any moving violation penalty
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0013|     assessment shall be made by mailing the payment within thirty
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0014|     days from the date of issuance of the citation to the motor
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0015|     vehicle division of the taxation and revenue department in
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0016|     Santa Fe.  Payments of penalty assessments are timely if
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0017|     postmarked within thirty days from the date of issuance of the
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0018|     citation.  When a penalty assessment is paid by currency, a
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0019|     receipt shall be immediately mailed to the violator.  When a
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0020|     penalty assessment is paid by check, the canceled check shall
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0021|     be a sufficient receipt. 
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0022|               G.  No record of any penalty assessment payment is
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0023|     admissible as evidence in any court in any civil action.
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0024|               H.  If a penalty assessment is not paid within
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0025|     thirty days from the date of issuance of the citation, the
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0001|     violator shall be prosecuted for the violation charged on the
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0002|     penalty assessment notice in a manner as if a penalty
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0003|     assessment notice had not been issued.
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0004|               I.  Any penalty assessment collected by the motor
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0005|     vehicle division of the taxation and revenue department
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0006|     pursuant to Subsection F of this section shall be remitted to
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0007|     the state treasurer for deposit into the current school fund. 
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0008|     Any administrative cost assessment collected by the division
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0009|     pursuant to this section shall be remitted within thirty days
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0010|     to the technical and vocational institute that issued the
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0011|     citation for administering parking and traffic regulations on
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0012|     that campus.  Any penalty assessment or administrative cost
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0013|     assessment collected by the technical and vocational institute
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0014|     security office pursuant to Subsection E of this section shall
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0015|     be retained by the technical and vocational institute as
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0016|     reimbursement for its expenses.
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0017|               J.  No penalty assessment citation shall be issued
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0018|     for:
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0019|                    (1)  speeding in excess of twenty-five miles an
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0020|     hour in excess of the speed limit;
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0021|                    (2)  operating a vehicle while under the
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0022|     influence of alcohol or drugs; or
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0023|                    (3)  an offense that has caused or contributed
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0024|     to the cause of an accident resulting in injury or death to any
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0025|     person.
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0001|               K.  The uniform traffic citation form approved by
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0002|     the director of the motor vehicle division shall be used as the
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0003|     complaint for violations of regulations promulgated pursuant to
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0004|     the provisions of this section.  Citations for moving
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0005|     violations shall be issued in the manner set forth in Sections
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0006|     66-8-123 through 66-8-127 NMSA 1978."
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0007|          Section 2.  A new section of the Technical and Vocational
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0008|     Institute Act is enacted to read:
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0009|          "[<u>NEW MATERIAL</u>]  TECHNICAL AND VOCATIONAL INSTITUTE
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0010|     SECURITY OFFICERS.--
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0011|               A.  The board of each technical and vocational
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0012|     institute may employ and assign duties to security officers for
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0013|     the institution.
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0014|               B.  At all times while on duty, technical and
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0015|     vocational institute security officers shall carry commissions
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0016|     of office issued by the board.  Technical and vocational
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0017|     institute security officers have the powers of peace officers
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0018|     within the exterior boundaries of lands under control of the
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0019|     board employing them, including public streets and highways
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0020|     within such boundaries.  Within this territory, a technical and
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0021|     vocational institute security officer may enforce all
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0022|     applicable laws, ordinances and campus traffic regulations, but
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0023|     no arrest for violation of any law, ordinance or campus traffic
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0024|     regulation relating to motor vehicles is valid unless, at the
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0025|     time of arrest, the technical and vocational institute security
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0001|     officer is wearing:
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0002|                    (1)  a distinctive badge bearing the name of
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0003|     the institute issued to him by the board; or
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0004|                    (2)  a distinctive uniform prescribed and
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0005|     issued to him by the board."
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0006|                                    
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0007|   
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0008|                      FORTY-THIRD LEGISLATURE
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0009|                        FIRST SESSION, 1997
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0010|   
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0011|   
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0012|                                                   March 5, 1997
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0013|   
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0014|   Mr. President:
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0015|   
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0016|       Your EDUCATION COMMITTEE, to whom has been referred
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0017|   
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0018|                          SENATE BILL 864
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0019|   
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0020|   has had it under consideration and reports same with
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0021|   recommendation that it DO PASS, and thence referred to the
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0022|   JUDICIARY COMMITTEE.
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0023|   
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0024|                                Respectfully submitted,
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0025|   
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0001|   
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0002|   
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0003|                                
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0004|   __________________________________
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0005|                                Cynthia Nava, Chairman 
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0006|   
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0007|   
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0008|   
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0009|   Adopted_______________________   Not
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0010|   Adopted_______________________
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0011|             (Chief Clerk)                          (Chief Clerk)
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0012|   
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0013|   
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0014|                     Date ________________________
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0015|   
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0016|   
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0017|   The roll call vote was <u> 7 </u> For <u> 1 </u> Against
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0018|           Yes:    7
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0019|           No:     Rawson
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0020|                Excused:     Maloof, Pinto
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0021|           Absent: None
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0022|   
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0023|   
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0024|   S0864ED1
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0025|   
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