SB 91 — PRIVATE COLLECTION OF SPEEDING CAMERA FINES

SENATE BILL 91 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATE OF NEW MEXICO - FIRST SESSION, 2025 INTRODUCED BY Katy M.

Duhigg and Janelle Anyanonu 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby MOTORa VEHICLES;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

PROHIBITINGThe Adocument MUNICIPALITYis THATa HAStool ESTABLISHEDto Ashow MUNICIPALamendments PENALTYin ASSESSMENTcontext PROGRAMand FROMcannot USINGbe Aused PRIVATEfor ENTITYthe TOpurpose COLLECTof UNPAIDadding PENALTIESamendments ORto TOlegislation. IMPOUND VEHICLES FOR UNPAID PENALTIES FOR SPEEDING VIOLATIONS DETECTED BY AN AUTOMATED CAMERA OR DEVICE.

eh tAN 17ACT BEg ITo ENACTEDRELATING BYTO THEMOTOR LEGISLATUREVEHICLES; OF THE STATE OF NEW MEXICO:

wPROHIBITING A MUNICIPALITY THAT HAS t hr g e i k ESTABLISHED A MUNICIPAL PENALTY ASSESSMENT PROGRAM FROM USING A h r i s PRIVATE ENTITY TO COLLECT UNPAID PENALTIES OR TO IMPOUND h , t, VEHICLES FOR UNPAID PENALTIES FOR SPEEDING VIOLATIONS DETECTED e u g e b l ne de 18h SECTIONBY 1.AN AUTOMATED CAMERA OR DEVICE.

Sectionn 66-8-130d NMSAd 1978i (being Laws 1978, = = 19o ah l Chapter] 35,b Section,d 538, as amended by Laws 2013, Chapter 192, i a º e rBE 20IT SectionENACTED 2BY andTHE byLEGISLATURE LawsOF 2013,THE ChapterSTATE 197,OF SectionNEW 4)MEXICO: is amended a t m m 21 to read:

dr i = r t e 22w "66-8-130.d m a n o SECTION 1.

[ALLSection TRAFFIC66-8-130 CITATIONSNMSA TO1978 CONFORM--(being cLaws e1978, sd km 23: MUNICIPALITIES MAY PASS ORDINANCE TO ESTABLISH SIMILAR PROGRAM] e a n b 24 CITATIONS TO CONFORM--MUNICIPAL ORDINANCES--AUTOMATED VIOLATION u [ DETECTION--PENALTY LIMITS--PROHIBITED COLLECTION ACTIONS.-- .229546.3 A.

b e d s º o t n = .229546.3AIC February 12, 2025 (2:53pm) s k m e e a n e d r e l u [ A d Chapter 35, Section 538, as amended by Laws 2013, Chapter 192, Section 2 and by Laws 2013, Chapter 197, Section 4) is amended to read:

"66-8-130.

[ALL TRAFFIC CITATIONS TO CONFORM-- MUNICIPALITIES MAY PASS ORDINANCE TO ESTABLISH SIMILAR PROGRAM] CITATIONS TO CONFORM--MUNICIPAL ORDINANCES--AUTOMATED VIOLATION DETECTION--PENALTY LIMITS--PROHIBITED COLLECTION ACTIONS.-- A.

Every municipality that has adopted an ordinance to establish a penalty assessment program shall assess on all penalty h assessment misdemeanors after January 1, 1984, in addition to u » r the penalty assessment, a penalty assessment fee of ten dollars t h g e l i ($10.00) to be deposited in a special fund in the municipal h r i s treasury for use by the municipality only for municipal jailer h , e h training;

for the construction planning, construction, t u g e b l e e , gh operation and maintenance of the municipal jail;

for paying the n d d i = = o h costs of housing that municipality's prisoners in other el t] 17b ,d i a º r detention facilities in the state;

or for complying with match we lr n= t e w d 18m a n o or contribution requirements for the receipt of federal funds =d =m 19: a l relating to jails.

Suchb ar municipale programt shallº beo limitedt in = .229546.3AIC February 12, 2025 (2:53pm) s k m e - 2 - e a n e d r 20e tol violationsu of[ municipalA trafficd ordinances.relating to jails.

Such a tmunicipal mprogram mshall 21be B.limited to violations of municipal traffic ordinances.

IfB. a municipality with a population less than d r e 22 three thousand according to the most recent federal decennial c e s k 23 census has a balance in its special fund pursuant to Subsection e a n b 24 A of this section that is over the amount projected to be u [ needed for the next fiscal year for the purposes set forth in .229546.3 - 2 - that subsection, the municipality may transfer the unneeded balance to the municipality's general fund.

If a municipality with a population less than three thousand according to the most recent federal decennial census has a balance in its special fund pursuant to Subsection A of this section that is over the amount projected to be needed for the next fiscal year for the purposes set forth in that subsection, the municipality may transfer the unneeded balance to the municipality's general fund.

With the prior approval of the h director, the required information may be submitted to the u » r division by electronic means in lieu of forwarding copies of t h g e l i the penalty assessments.

h r i s D.

Each agency shall provide itself with copies h , e h conforming exactly in size and format with the uniform traffic t u g e b l e e , gh citation and the electronic version of the uniform traffic n d d i = = o h citation if applicable, prescribed by the director, and any el t] 17b ,d i a º r alterations to the format to conform with local conditions must we lr n= t e w d 18m a n o be approved by the director.

=d =m 19: a l E.

Ab municipalityr thate establishest aº municipalo it an e= r.229546.3AIC 20February penalty12, assessment2025 program(2:53pm) pursuants tok thism sectione may- use3 an- e a tn me md 21r automatede cameral oru device[ toA detectd speedingE. infractions;

dA rmunicipality ethat 22establishes provideda thatmunicipal thepenalty municipalityassessment shallprogram not:pursuant to this section may use an automated camera or device to detect speeding infractions;

cprovided e s k 23 (1) impose penalties that exceedthe thosemunicipality eshall anot: n b 24 established in Sections 66-8-116 through 66-8-117 NMSA 1978;

u(1) [impose (2)penalties usethat aexceed collectionsthose agencyestablished orin otherSections private66-8-116 .229546.3through -66-8-117 3NMSA -1978; entity to collect unpaid penalties for violations detected by an automated camera or device;

(2) use a collections agency or other private entity to collect unpaid penalties for violations detected by an automated camera or device;

STBTCºor»STBTC (4) impound a vehicle based only on nonpayment of a penalty assessed for violations detected by an automated camera or device;device STBTCº;

or h (5) pay a third-party administrator of a u » r municipal penalty assessment program using automated cameras or t h g e l i devices a commission based on the number of penalty assessments issued.h r i s issued»STBTC .

h , e h F.

As used in this section, "credit reporting t u g e b l e e , gh agency" means a person that, for monetary fees, for dues or on n d d i = = o h a cooperative nonprofit basis, regularly engages in whole or in el t] 17b ,d i a º r part in the practice of assembling or evaluating credit we lr n= t e w d 18m a n o information or other information on other persons for the =d = 19 a l purpose of furnishing credit reports to third parties." i a e r 20 - 4 - a t m m: 21 d r e 22 c e s k 23 e a n b 24 u [ .229546.3

b r e t º o t n = .229546.3AIC February 12, 2025 (2:53pm) s k m e - 4 - e a n e d r e l u [ A d purpose of furnishing credit reports to third parties." - 5 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .229546.3AIC February 12, 2025 (2:53pm) s k em e e a n e d r e l u [ A d