SB 365

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AN ACT

RELATING TO MOTOR VEHICLES; LIMITING THE AMOUNT OF CERTAIN

FINES AND FEES IMPOSED BY LOCAL AUTHORITIES FOR CERTAIN

OFFENSES.

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

Section 1. Section 3-18-17 NMSA 1978 (being Laws 1965,

Chapter 300, Section 14-17-14) is amended to read:

"3-18-17. NUISANCES AND OFFENSES--REGULATION OR

PROHIBITION.--A municipality, including a home-rule

municipality that has adopted a charter pursuant to Article

10, Section 6 of the constitution of New Mexico, may by

ordinance:

A. define a nuisance, abate a nuisance and impose

penalties upon a person who creates or allows a nuisance to

exist, provided that penalties or fines and costs or fees

imposed by an ordinance for failure to obey a traffic sign or

signal, including a red light violation, or for a speeding

offense or violation shall be subject to the following

criteria:

(1) the total amount assessed in fines, fees

and costs shall not exceed one hundred dollars ($100);

(2) except as provided in Paragraph (3) of

this subsection, of the amount assessed, two-thirds shall be

retained by the municipality to defray the costs of carrying

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out the program and the remainder shall be distributed to the

administrative office of the courts, of which five percent of

the total amount assessed shall be credited to the brain

injury services fund, three percent shall be credited to the

traffic safety education and enforcement fund and the

remainder shall be credited to the court facilities fund; and

(3) in fiscal year 2008 and not less than

once every five fiscal years thereafter, the municipality

shall cause an audit of the program to be conducted by the

state auditor or an independent auditor selected by the state

auditor. If an audit shows that the costs of maintaining the

program plus ten percent is less than the amount of the

assessment retained by the municipality, the excess shall be

distributed to the administrative office of the courts to be

credited to the court facilities fund;

B. regulate or prohibit any amusement or practice

that tends to annoy persons on a street or public ground; and

C. prohibit and suppress:

(1) gambling and the use of fraudulent

devices or practices for the purpose of obtaining money or

property;

(2) the sale, possession or exhibition of

obscene or immoral publications, prints, pictures or

illustrations;

(3) public intoxication;

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(4) disorderly conduct; and

(5) riots, noises, disturbances or

disorderly assemblies in any public or private place."

Section 2. TEMPORARY PROVISION--APPLICABILITY.--The

provisions of this act shall apply prospectively to all

municipal ordinances enacted before or after the effective

date of the provisions of this act.

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.