SB 91

                                1  SENATE BILL 91
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Heather Berghmans and Antoinette Sedillo Lopez
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                                10  AN ACT
                                11   RELATING TO MUNICIPAL PENALTIES; PROVIDING THAT MUNICIPALITIES
                                12   SHALL RETAIN THE TOTAL AMOUNT OF ASSESSED PENALTIES AND FINES
                                13   FOR NUISANCE VIOLATIONS FOR FAILING TO OBEY A TRAFFIC SIGN OR
                                14   SIGNAL OR SPEEDING OFFENSES.
                                15
                                16   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                17        SECTION 1.    Section 3-18-17 NMSA 1978 (being Laws 1965,
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                                18   Chapter 300, Section 14-17-14, as amended) is amended to read:
                                19        "3-18-17.    NUISANCES AND OFFENSES--REGULATION OR
                                20   PROHIBITION.--A municipality, including a home rule
                                21   municipality that has adopted a charter pursuant to Article 10,
                                22   Section 6 of the constitution of New Mexico, may by ordinance:
                                23  A.   define a nuisance, abate a nuisance and impose
                                24   penalties upon a person who creates or allows a nuisance to
                                25   exist; provided that:
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                                1  (1)   the total amount of assessed penalties and
                                2    fines imposed by an ordinance for failure to obey a traffic
                                3    sign or signal, including a red light offense or violation, or
                                4    for a speeding offense or violation shall not exceed one
                                5    hundred dollars ($100), provided that the total for unlawful
                                6    parking in a space or for blocking an access intended for
                                7    persons with significant mobility limitation shall not be less
                                8    than or exceed the fines provided in Section 66-7-352.5 NMSA
                                9    1978;
                                10  (2)   no fees or costs shall be imposed pursuant
                                11   to this subsection;
                                12  (3)   in a municipality with a population of two
                                13   hundred thousand or greater as of the last federal decennial
                                14   census, the penalties, fines and procedures imposed for failure
                                15   to obey a traffic sign or signal, including a red light offense
                                16   or violation, or for a speeding offense or violation shall be
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                                17   subject to the following:
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                                18  [(a)   each month, or other period set by
                                19   contract, the municipality shall retain from the gross total
                                20   amount of penalties and fines assessed and collected that month
                                21   or period an amount subject to audit that is equal to the sum
                                22   of the setup, maintenance, support and processing services fees
                                23   charged to the municipality for that month or period pursuant
                                24   to contractual terms by a vendor providing systems and services
                                25   that assist the municipality in imposing penalties or fines as
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                                1    provided in Paragraph (1) of this subsection;
                                2  (b)    less the retention authorized in
                                3    Subparagraph (a) of this paragraph:   1) one-half of the net
                                4    total amount assessed and collected by the municipality
                                5    pursuant to this section shall be remitted to the state
                                6    treasurer and distributed to the general fund; and 2) one-half]
                                7  (a)    the total amount of penalties and
                                8    fines assessed by the municipality shall be retained by the
                                9    municipality for municipal traffic safety programs and to
                                10   offset the municipality's reasonable costs directly related to
                                11   administering a program as provided in Paragraph (1) of this
                                12   subsection;
                                13  [(c)   the municipality shall cause an
                                14   audit of the program and contract described in Subparagraph (a)
                                15   of this paragraph to be conducted by the state auditor or an
                                16   independent auditor selected by the state auditor;
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                                17  (d)    if in the audit conducted pursuant
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                                18   to Subparagraph (c) of this paragraph it is determined that any
                                19   amount retained by the municipality pursuant to this paragraph
                                20   is in excess of the amount the municipality is authorized to
                                21   retain, the municipality shall remit, when the audit is
                                22   finalized, the amount in excess to the state treasurer to be
                                23   distributed and transferred as provided in Item 1) of
                                24   Subparagraph (b) of this paragraph]; and
                                25  [(e)] (b)   a respondent may select a
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                                1    hearing to contest a nuisance ordinance offense or violation
                                2    that shall either be conducted by a hearing officer appointed
                                3    by the presiding judge of the civil division of the district
                                4    court with jurisdiction over the municipality and in accordance
                                5    with the rules of evidence and rules of civil procedure for the
                                6    district courts or that shall be conducted by a mail-in form
                                7    alternative.   The notice of violation shall clearly explain the
                                8    process for requesting a hearing, the hearing options, the
                                9    deadline to request a hearing and where the request shall be
                                10   submitted.   The burden of proof for violations is on the
                                11   municipality and is a preponderance of the evidence.    A
                                12   determination by the hearing officer shall not impose a total
                                13   amount of penalties or fines in excess of that provided in the
                                14   nuisance ordinance; and
                                15  (4)   in a municipality other than a
                                16   municipality with a population of two hundred thousand or
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                                17   greater as of the last federal decennial census, the penalties,
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                                18   fines and procedure imposed for failure to obey a traffic sign
                                19   or signal, including a red light offense or violation, or for a
                                20   speeding offense or violation shall be subject to the
                                21   following:
                                22  (a)   [each month, or other period set by
                                23   contract, the municipality shall retain from the gross total
                                24   amount of penalties and fines assessed and collected that month
                                25   or period an amount subject to audit that is equal to the sum
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                                1    of the setup, maintenance, support and processing services fees
                                2    charged to the municipality for that month or period pursuant
                                3    to contractual terms by a vendor providing systems and services
                                4    that assist the municipality in imposing penalties or fines as
                                5    provided in Paragraph (1) of this subsection;
                                6  (b)    less the retention authorized in
                                7    Subparagraph (a) of this paragraph:   1) one-half of the net
                                8    total amount assessed and collected by the municipality
                                9    pursuant to this section shall be remitted to the state
                                10   treasurer and distributed to the general fund; and 2) one-half]
                                11   the total amount of penalties and fines assessed by the
                                12   municipality shall be retained by the municipality for
                                13   municipal traffic safety programs and to offset the
                                14   municipality's reasonable costs directly related to
                                15   administering a program as provided in Paragraph (1) of this
                                16   subsection
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                                17  [(c)   the municipality shall cause an
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                                18   audit of the program and contract described in Subparagraph (a)
                                19   of this paragraph to be conducted by the state auditor or an
                                20   independent auditor selected by the state auditor;
                                21  (d)    if in the audit conducted pursuant
                                22   to Subparagraph (c) of this paragraph it is determined that any
                                23   amount retained by the municipality pursuant to this paragraph
                                24   is in excess of the amount the municipality is authorized to
                                25   retain, the municipality shall remit, when the audit is
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                                1    finalized, the amount in excess to the state treasurer to be
                                2    distributed and transferred as provided in Item 1) of
                                3    Subparagraph (b) of this paragraph]; and
                                4  [(e)] (b)   a hearing provided for a
                                5    contested nuisance ordinance offense or violation shall be
                                6    conducted by a hearing officer appointed by the presiding judge
                                7    of the civil division of the district court with jurisdiction
                                8    over the municipality and in accordance with the rules of
                                9    evidence and rules of civil procedure for the district courts.
                                10   If offered by the municipality, a respondent may select a
                                11   hearing conducted by a mail-in form alternative.     The notice of
                                12   violation shall clearly explain the process for requesting a
                                13   hearing, the hearing options, the deadline to request a hearing
                                14   and where the request shall be submitted.     The burden of proof
                                15   for violations is on the municipality and is a preponderance of
                                16   the evidence.    A determination by the hearing officer shall not
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                                17   impose a total amount of penalties or fines in excess of that
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                                18   provided in the nuisance ordinance;
                                19  B.   regulate or prohibit any amusement or practice
                                20   that tends to annoy persons on a street or public ground; and
                                21  C.   prohibit and suppress:
                                22  (1)   gambling and the use of fraudulent devices
                                23   or practices for the purpose of obtaining money or property;
                                24  (2)   the sale, possession or exhibition of
                                25   obscene or immoral publications, prints, pictures or
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                                1    illustrations;
                                2  (3)   public intoxication;
                                3  (4)   disorderly conduct; and
                                4  (5)   riots, noises, disturbances or disorderly
                                5    assemblies in any public or private place."
                                6  SECTION 2.    EFFECTIVE DATE.--The effective date of the
                                7    provisions of this act is July 1, 2026.
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