44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MOTOR VEHICLES; PROVIDING MUNICIPALITIES WITH AUTHORITY TO DOUBLE THE AMOUNT OF PENALTY ASSESSMENTS FOR CERTAIN VIOLATIONS OF THE MOTOR VEHICLE CODE; AMENDING A SECTION OF THE MOTOR VEHICLE CODE.

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

Section 1. Section 66-8-130 NMSA 1978 (being Laws 1978, Chapter 35, Section 538, as amended) is amended to read:

"66-8-130. ALL TRAFFIC CITATIONS TO CONFORM--MUNICIPALITIES MAY PASS ORDINANCE TO ESTABLISH SIMILAR PROGRAM--MUNICIPALITIES MAY DOUBLE THE AMOUNT OF PENALTY ASSESSMENTS.--

A. The uniform traffic citation shall be used by all state and local agencies enforcing laws and ordinances relating to motor vehicles. Any municipality may, by passage of an ordinance, establish a municipal penalty assessment program similar to that established in Sections 66-8-116 through 66-8-117 NMSA 1978 for violations of provisions of the Motor Vehicle Code; provided that a municipal ordinance may establish a municipal penalty assessment program that doubles the amount of the penalty assessment for any violation of the Motor Vehicle Code set forth in Sections 66-8-116, 66-8-116.1 and 66-8-116.2.

B. Every municipality that has adopted an ordinance to establish a penalty assessment program shall assess on all penalty assessment misdemeanors after January 1, 1984, in addition to the penalty assessment, a penalty assessment fee of ten dollars ($l0.00) to be deposited in a special fund in the municipal treasury for use by the municipality only for municipal jailer training; for the construction planning, construction, operation and maintenance of the municipal jail; for paying the costs of housing that municipality's prisoners in other detention facilities in the state; or for complying with match or contribution requirements for the receipt of federal funds relating to jails. Such a municipal program shall be limited to violations of municipal traffic ordinances.

[B.] C. All penalty assessments under a municipal program authorized by this section shall be processed by the municipal court, and all fines and fees collected shall be deposited in the treasury of the municipality. A copy of each penalty assessment processed shall be forwarded to the division within ten days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.

[C.] D. Each agency shall provide itself with copies conforming exactly in size and format with the uniform traffic citation prescribed by the director, and any alterations to conform with local conditions must be approved by the director."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.