SB0164

SENATE BILL 164

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Pat Woods

AN ACT

RELATING TO EMERGENCY MEDICAL SERVICES; TRANSFERRING FROM THE DEPARTMENT OF TRANSPORTATION TO THE DEPARTMENT OF HEALTH RESPONSIBILITY FOR ADMINISTERING AND ENFORCING THE AMBULANCE STANDARDS ACT, INCLUDING ESTABLISHING STANDARDS, REQUIREMENTS, TARIFFS, TERMS OF SERVICE AND SERVICE TERRITORIES, PROMULGATING RULES, ACCEPTING APPLICATIONS AND ISSUING CERTIFICATES FOR AMBULANCE SERVICES; CREATING THE AMBULANCE CERTIFICATION PROGRAM; PROVIDING FOR OBJECTIONS, PROTESTS AND PUBLIC HEARINGS; PROVIDING TO THE DEPARTMENT OF HEALTH ACCESS TO CERTIFIED AMBULANCE SERVICE RECORDS AND THE POWERS OF ENFORCEMENT AND SUBPOENA; TRANSFERRING PERSONNEL, FUNCTIONS, MONEY, APPROPRIATIONS, OTHER PROPERTY AND CONTRACTUAL OBLIGATIONS; RECOMPILING THE AMBULANCE STANDARDS ACT AND CHANGING REFERENCES IN LAW; MAKING AN APPROPRIATION.

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

SECTION 1. Section 5-1-1 NMSA 1978 (being Laws 1967, Chapter 167, Section 1, as amended) is amended to read:

"5-1-1. POLITICAL SUBDIVISIONS--AMBULANCE SERVICE.--

A. A municipality or county may:

(1) provide ambulance service to transport sick or injured persons to a place of treatment in the absence of an established ambulance service only as authorized by the department of [transportation] health;

(2) contract with other political subdivisions or with private ambulance services for the operation of its ambulance service;

(3) lease ambulances and other equipment necessary to the operation of its ambulance service;

(4) in the course of its operation of an ambulance service, proceed to the scene of a disaster beyond its subdivision boundaries when requested, providing no local established ambulance service is available or, if one exists, such local ambulance service deems its capacity inadequate or insufficient for emergency transportation of the disaster victims; and

(5) transport sick or injured persons from the subdivision boundaries to any place of treatment.

B. No personal action shall be maintained in any court of this state against any member or officer of a political subdivision for any tort or act done, or attempted to be done, when done by the authority of the political subdivision or in execution of its orders under this section. In all such cases, political subdivisions shall be responsible. Any member or officer of the political subdivision may plead the provisions of this section in bar of such action whether it is now pending or hereafter commenced."

SECTION 2. Section 24-10B-4 NMSA 1978 (being Laws 1983, Chapter 190, Section 4, as amended) is amended to read:

"24-10B-4. BUREAU--DUTIES.--The bureau is designated as the lead agency for the emergency medical services system, including injury prevention, and shall establish and maintain a program for regional planning and development, improvement, expansion and direction of emergency medical services throughout the state, including:

A. design, development, implementation and coordination of emergency medical services communications systems to join the personnel, facilities and equipment of a given region or system that will allow for medical direction;

B. [provision of technical assistance to the department of transportation for further] pursuant to the Ambulance Standards Act, as directed by the department, development and implementation of standards and safety requirements for certification of ambulance services, vehicles, drivers and equipment and issuance of certificates permitting the operation of ambulance services;

C. development of requirements for the collection of data and statistics to evaluate the availability, operation and quality of providers in the state;

D. adoption of rules for emergency medical services medical direction upon the recommendation of the medical direction committee;

E. approval of continuing education programs for emergency medical services personnel;

F. adoption of rules pertaining to the training and licensure of emergency medical dispatchers and their instructors;

G. adoption of rules based upon the recommendations of a trauma advisory committee, for implementation and monitoring of a statewide, comprehensive trauma care system, including:

(1) minimum standards for designation or retention of designation as a trauma center or a participating trauma facility;

(2) pre-hospital care management guidelines for the triage and transportation of traumatized persons;

(3) establishment for interfacility transfer criteria and transfer agreements;

(4) standards for collection of data relating to trauma system operation, patient outcome and trauma prevention; and

(5) creation of a state trauma care plan;

H. adoption of rules, based upon the recommendations of the air transport advisory committee, for the certification of air ambulance services;

I. adoption of rules pertaining to authorization of providers to honor advance directives, such as emergency medical services do not resuscitate forms, to withhold or terminate care in certain pre-hospital or interfacility circumstances, as guided by local medical protocols;

J. operation of a critical incident stress management program for emergency providers utilizing specifically trained volunteers who shall be considered public employees for the purposes of the Tort Claims Act when called upon to perform their duties;

K. adoption of rules to establish a cardiac arrest targeted response program pursuant to the Cardiac Arrest Response Act, including registration of automated external defibrillator programs, maintenance of equipment, data collection, approval of automated external defibrillator training programs and a schedule of automated external defibrillator program registration fees;

L. adoption of rules for the administration of an emergency medical services certification program for certified emergency medical services; and

M. promoting, developing, implementing, coordinating and evaluating risk reduction and injury prevention systems."

SECTION 3. Section 24-10B-5 NMSA 1978 (being Laws 1983, Chapter 190, Section 5, as amended) is amended to read:

"24-10B-5. LICENSURE REQUIRED--PENALTY.--

A. The department shall by rule adopt and enforce licensure requirements, including minimum standards for training, continuing education and disciplinary actions consistent with the Uniform Licensing Act, for all persons who provide emergency medical services within the state, irrespective of whether the services are remunerated. The rules shall include authorization for the bureau to issue at least annually an updated list of skills, techniques and medications approved for use at each level of licensure. The secretary may waive licensure requirements as needed during a declared emergency.

B. [Licensed emergency medical technicians may function within health care facilities under their licensure and approved New Mexico emergency medical services scope of practice. Nothing in this subsection shall prohibit a health care facility from assigning additional duties and responsibilities in accordance with law. This subsection shall not expand the New Mexico emergency medical services scope of practice under the emergency medical technician's license.] Licensed emergency medical technicians may, within their scope of practice, practice in a health care facility under the supervision and policies of that facility. A licensed emergency medical technician may not practice in a medical office that is not a health care facility. A health care facility may assign additional duties or clinical tasks to a licensed emergency medical technician while the technician is acting as an employee or agent of that facility; provided that such duties are authorized by facility policy and performed under clinical physician supervision, as allowed by applicable state or federal laws. Any additional duties or tasks assigned to an emergency medical technician by a health care facility shall not be construed to expand or modify the emergency medical technician's emergency medical services scope of practice outside the facility or in the performance of emergency medical services.

C. In addition to the requirements specified in Subsection A of this section, the department may:

(1) prohibit the use of "emergency medical dispatcher", "emergency medical technician", "emergency medical services first responder", "paramedic" or similar terms connoting expertise in providing emergency medical services by any person not licensed or certified under the Emergency Medical Services Act;

(2) deny, suspend or revoke licensure in accordance with the provisions of the Uniform Licensing Act; and

(3) establish a schedule of reasonable fees for application, examination or licensure and regular renewal thereof.

D. [Any] A person who [represents himself to be] makes any representation as being an "emergency medical dispatcher", "emergency medical technician-basic", "emergency medical technician-intermediate", "emergency medical technician-paramedic", "emergency medical services first responder" or "paramedic" or who uses similar terms connoting expertise in providing emergency medical services while not currently licensed under the Emergency Medical Services Act is guilty of a misdemeanor."

SECTION 4. Section 24-10B-5.1 NMSA 1978 (being Laws 1993, Chapter 161, Section 5, as amended) is amended to read:

"24-10B-5.1. LICENSING COMMISSION ESTABLISHED.--

A. The secretary shall appoint an "emergency medical services licensing commission", which shall be staffed by the bureau and composed of one lay person, three emergency medical technicians, one from each level of emergency medical technician licensure, and three physicians, at least two of whom shall have expertise in emergency medicine and who are appointed from a list proposed by the New Mexico chapter of the American college of emergency physicians or the national association of emergency medical services physicians.

B. The composition of the emergency medical services licensing commission shall reflect geographic [diversity] distribution and both public and private interests. The members shall serve for three-year staggered terms. The duties of and procedures for the [emergency medical services licensing] commission shall be delineated in rules promulgated pursuant to Subsection A of Section 24-10B-5 NMSA 1978. Such duties include:

(1) providing a forum for the receipt of public comment regarding emergency medical services licensing matters;

(2) oversight of the bureau's licensure functions;

(3) receiving complaints, directing investigations and authorizing the initiation of actions by the bureau regarding contemplated refusal to grant initial licensure and for disciplinary actions against licensees; and

(4) the granting of waivers, for good cause shown, of rules pertaining to licensure renewal.

[C. The emergency medical services licensing commission may compel the production of books, records and papers pertinent to any investigation authorized by the Emergency Medical Services Act and may seek enforcement of any subpoena so issued through the district court in the county in which the custodian of the document is located in camera.

D.] C. The emergency medical services licensing commission shall meet as needed, but not less frequently than semiannually. [The emergency medical services licensing commission shall be subject to the provisions of the Per Diem and Mileage Act] The members of the commission are entitled to reimbursement pursuant to the Per Diem and Mileage Act and shall receive no other perquisite or allowance for service on the commission."

SECTION 5. Section 24-10B-7 NMSA 1978 (being Laws 1983, Chapter 190, Section 7, as amended) is amended to read:

"24-10B-7. COMMITTEES ESTABLISHED.--

A. The secretary shall appoint a statewide emergency medical services advisory committee to advise the bureau in carrying out the provisions of the Emergency Medical Services Act. The advisory committee shall include, at a minimum, representatives from the [state medical society] New Mexico chapter of the American college of emergency physicians or the national association of emergency medical services physicians, the state emergency medical technicians' association, the state firefighters' association, the New Mexico ambulance association, the state emergency nurses' association, the association of public safety communications organization/national emergency numbers association, the lead state agency for public safety [and emergency preparedness, the state emergency services council], the New Mexico health and hospital systems association, the university of New Mexico health sciences center, the state fire chiefs' association, a consumer, emergency medical service regional offices and other interested provider and consumer groups as determined by the secretary. The advisory committee shall establish appropriate subcommittees, including a trauma advisory committee and an air transport advisory committee.

B. The joint organization on education committee shall be composed, at a minimum, of the director and medical director of the academy and each approved emergency medical services training program or their [designee] designees, the state emergency medical services medical director, the bureau chief or [his] the bureau chief's designee, who shall serve without vote, each emergency medical services regional office training coordinator and one provider from the three highest levels of licensure, who are appointed by the secretary from a list proposed by the statewide emergency medical services advisory committee. The duties of the joint organization on education committee include:

(1) developing minimum curricula content for approved emergency medical services training programs;

(2) establishing minimum standards for approved emergency medical services training programs;

(3) reviewing and approving the applications of organizations seeking to become approved emergency medical services training programs; and

(4) developing minimum qualifications for and maintaining a list of instructors for each of the approved emergency medical services training programs.

C. The secretary shall appoint a medical direction committee to advise the bureau on matters relating to medical direction. The state emergency medical services medical director shall be a member of the committee and shall act as its [chairman] chair. The medical direction committee shall include, at a minimum, a physician representative experienced in pre-hospital medical care selected from a list proposed by the New Mexico chapter of the American college of emergency physicians or the national association of emergency medical services physicians, a physician representative from the academy, one physician from each of the emergency medical services geographic regions, one physician with pediatric emergency medicine expertise, one physician representing emergency medical dispatchers and one provider from the three highest levels of licensure. Members shall be selected to represent both public and private interests. The duties of the medical direction committee include:

(1) reviewing the medical appropriateness of all rules proposed by the bureau;

(2) reviewing and approving the applications of providers for special skills authorizations;

(3) assisting in the development of rules pertaining to medical direction; and

(4) reviewing at least annually a list of skills, techniques and medications approved for use at each level of licensure that shall be approved by the secretary and issued by the bureau.

D. [The committees created in this section are subject to the provisions of the Per Diem and Mileage Act, to the extent that funds are available for that purpose] The members of the committees created pursuant to this section are entitled to reimbursement pursuant to the Per Diem and Mileage Act and shall receive no other perquisite or allowance for service on the committees.

E. Any decision that the bureau proposes to make contrary to the recommendation of any committee created in this section shall be communicated in writing to that committee. Upon the request of that committee, the decision shall be submitted for reconsideration to the director of the public health division of the department and subsequently to the secretary. Any decision made pursuant to a request for reconsideration shall be communicated in writing by the department to the appropriate committee."

SECTION 6. A new section of the Emergency Medical Services Act, Section 24-10B-14 NMSA 1978, is enacted to read:

"24-10B-14. [NEW MATERIAL] SUBPOENAS--WITNESSES--SERVICE.--

A. For the purposes of the Emergency Medical Services Act, the department may administer oaths, certify to official acts, issue subpoenas for witnesses and records, compel the attendance of witnesses and the production of evidence in hearings before the department, enforce issued subpoenas through a court and, through the court, seek a remedy for contempt. A subpoena issued pursuant to this section shall command each person to whom it is directed to attend and give testimony or to produce documents or other designated articles at a time and place specified in the subpoena.

B. The department shall only subpoena witnesses and records pertinent to a question lawfully before the department or bureau. A person shall not be required to testify or produce documentary evidence in response to an inquiry not pertinent to a question lawfully before the department.

C. If the department orders a person to appear before it, the department shall reimburse the witness as provided for state employees pursuant to the Per Diem and Mileage Act.

D. Upon request of the department, a district court may issue a writ of attachment to a person who fails to comply with a subpoena issued by the department compelling the person to comply with the subpoena. The court shall have the power to punish for contempt in the same manner as for disobedience of a subpoena issued by the court.

E. The department may issue and serve process on a person affected by delivering a copy of the process either personally or by certified mail, return receipt requested. Process served by certified mail shall be directed to the recipient at the last known address as shown by the records of the department. Persons who are not licensed or certified by the department and who have no address on record with the department shall receive notice by personal service. If the process is served personally, service shall be made in the same manner as is provided for service by the Rules of Civil Procedure for the District Courts. Where process is served by certified mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery or the last attempted delivery of the notice or decision to the addressee or refusal of the addressee to accept delivery of the notice or decision.

F. The bureau chief may authorize in writing an employee or other person to investigate and take testimony regarding a matter pending before the department."

SECTION 7. Section 65-6-1 NMSA 1978 (being Laws 1974, Chapter 82, Section 1, as amended) is recompiled as Section 24-10F-1 NMSA 1978 and is amended to read:

"24-10F-1. SHORT TITLE.--[Chapter 65, Article 6] Chapter 24, Article 10F NMSA 1978 may be cited as the "Ambulance Standards Act"."

SECTION 8. Section 65-6-2 NMSA 1978 (being Laws 1974, Chapter 82, Section 2, as amended) is recompiled as Section 24-10F-2 NMSA 1978 and is amended to read:

"24-10F-2. DEFINITIONS.--As used in the Ambulance Standards Act:

A. "ambulance" means a [vehicle, including] motor [vehicles] vehicle or watercraft designed and used or intended to be used for the transportation of sick or injured persons but does not include air ambulances;

B. "ambulance service" means a person or entity engaged in the intrastate transportation of sick or injured persons in a ground ambulance regulated pursuant to the Ambulance Standards Act;

C. "application" means a verified submission to the department requesting issuance, amendment, transfer, lease, voluntary suspension, reinstatement or cancellation of a certificate;

[B.] D. "attendant" means a person who, on a regular or irregular basis, either paid or voluntary, serves as an assistant to the driver in the operation of the ambulance;

E. "authorized territory" means the geographic area in which a certified ambulance service is authorized to operate under a certificate or temporary authority;

F. "bureau" means the emergency medical systems bureau of the department;

G. "certificate" means the authority issued by the department to a person that authorizes the person to offer and provide ambulance services;

H. "certified ambulance service" means a person certified by the department to engage in the intrastate transportation of sick or injured persons in a ground ambulance regulated pursuant to the Ambulance Standards Act;

I. "change in certificate" means a voluntary amendment, transfer, lease, cancellation, suspension, reinstatement or modification of a certificate;

[C.] J. "department" means the department of [transportation] health; [and

D.] K. "driver" means a person who, on a regular or irregular basis, either paid or voluntary, serves as the operator of an ambulance;

L. "interested person" means:

(1) a certified ambulance service operating in an authorized territory affected by an application;

(2) a governmental entity or health care facility impacted by an application; or

(3) any other person the department deems to have a legitimate interest;

M. "notice period" means the period of time following publication of notice for an application during which the department may not approve or deny the application;

N. "objection" means a document filed with the department by an interested person or a member of the public during the notice period that expresses an objection to, or provides information concerning, the application before the department;

O. "operating authority" means a certificate or temporary authority issued by the department to an ambulance service;

P. "protest" means a document filed with the department by a certified ambulance service that expresses an objection to an application when the territory involved in the application includes all or a portion of the full-service territory of the protesting certified ambulance service located within the same geographic area as the applicant;

Q. "public need" means a demonstrated need on the part of the public for ambulance service based on population, call volume, access to care, transport times, hospital capacity or other factors affecting patient safety and emergency medical services;

R. "tariff" means a schedule filed with the department providing the rates, charges, terms of service and authorized territory for a certified ambulance service;

S. "temporary authority" means department authorization allowing operation of a certified ambulance service for a limited period prior to approval of a certificate based on urgent public need; and

T. "terms of service" means the conditions established by rule or specified in a certificate or temporary authority regarding service characteristics, response expectations, hours of operation and operational limitations."

SECTION 9. Section 65-6-4 NMSA 1978 (being Laws 1974, Chapter 82, Section 4, as amended) is recompiled as Section 24-10F-4 NMSA 1978 and is amended to read:

"24-10F-4. DEPARTMENT--DUTIES.--

A. The department [in accordance with its responsibilities to regulate common carriers, shall hold public hearings as prescribed in the Motor Carrier Act and adopt rules] shall:

[A.] (1) promulgate rules for the establishment of reasonable [flexible] standards for ambulances, including [but not limited to]:

[(1)] (a) vehicle design;

[(2)] (b) health and safety equipment to be maintained and used in ambulances;

[(3)] (c) procedures for the operation of ambulances; and

[(4)] (d) ambulance maintenance programs, with at least annual inspection of ambulances; [and

B.] (2) promulgate rules for the licensure of all drivers and attendants, to include:

[(1)] (a) minimum training requirements to include safety requirements, basic and advanced red cross and such other available training as the department finds reasonable and in the best interests of the public; and

[(2)] (b) a written and practical examination of competence limited to that material, information and training required of drivers and attendants, respectively, in the rules adopted by the department;

(3) accept applications and issue certificates in accordance with the provisions of the Ambulance Standards Act for the provision of ambulance services in an authorized territory if the applicant:

(a) complies with the requirements of the Ambulance Standards Act, rules of the department and other applicable state and federal laws and regulations;

(b) will serve a useful public purpose that is responsive to a public demand or need; and

(4) promulgate rules to implement the Ambulance Standards Act, including:

(a) the application process and the issuance, renewal, suspension, change and revocation of certificates;

(b) safety, equipment and vehicle standards;

(d) minimum requirements for financial responsibility for certified ambulance services;

(e) the approval, amendment and enforcement of tariffs and rates that can be charged by certified ambulance services;

(f) reasonable requirements with respect to continuous and adequate service to be provided by a certified ambulance service;

(g) requirements for public notice, objections, protests, administrative hearings and adjudicatory processes; and

(h) temporary authority, emergency operations and modifications of authority.

B. In establishing standards for ambulances, the department shall give serious consideration to the vehicle needs and limitations imposed by the topography and road and weather conditions of various localities. Further, the department shall take into consideration the resources of the various communities, institutions and sponsoring organizations providing ambulance service to the public.

C. Before granting a certificate for the provision of ambulance services, the department shall consider the effect that proposed ambulance service would have on existing ambulance service in the territory and provide a notice period for a person to submit a protest to an application, consider any protests and determine whether to hold a hearing on an application for which a protest is submitted."

SECTION 10. A new section of the Ambulance Standards Act, Section 24-10F-5 NMSA 1978, is enacted to read:

"24-10F-5. [NEW MATERIAL] AMBULANCE SERVICE--REQUIREMENTS.--A person shall not provide ambulance service in the state without:

A. obtaining a certificate or temporary authority from the department;

B. obtaining department approval of the person's tariffs; and

C. carrying proof of financial responsibility in each motor vehicle that the person operates."

SECTION 11. A new section of the Ambulance Standards Act,

Section 24-10F-6 NMSA 1978, is enacted to read:

"24-10F-6. [NEW MATERIAL] AMBULANCE CERTIFICATION PROGRAM--ESTABLISHED--SCOPE--REQUIREMENTS.--

A. The "ambulance certification program" is established within the department. The program shall provide for certification, regulation and oversight of ambulance services with the purpose of ensuring that ambulance services are safe, medically appropriate, financially sound and responsive to the needs of the public. To ensure comprehensive oversight of pre-hospital care and ambulance transport, the program shall be administered in coordination with all other components of the emergency medical services system, including licensing, medical direction, trauma system requirements and data systems.

B. A certificate shall:

(1) specify the territory served, the nature of ambulance service provided, dates of validity and any other terms of service required by the department to ensure adequate public protection;

(2) be effective from the date issued by the department and shall remain in effect until expired, canceled, revoked, suspended or amended; and

(3) contain endorsements, each of which shall specify the:

(a) nature of service to be rendered;

(b) authorized territory; and

C. Before issuing a certificate, the department shall:

(1) require and review an application;

(2) electronically publish notice of an application, including to interested persons;

(3) consider any objections or protests and hold a public hearing if a protest is filed within the notice period;

(4) consider the effect that issuance of the certificate would have on existing ambulance service in the territory; and

(5) require the ambulance service to obtain and submit proof to the department of financial responsibility in the form and amount as required by the department.

D. The department may:

(1) hold a public hearing on an application even if there is no protest or objection;

(2) approve or deny an application in whole or in part; and

(3) require reasonable terms of service that the department finds appropriate and as necessary to protect public health, safety and welfare.

E. The department shall not approve an application if it determines that:

(1) existing ambulance service in the territory in which the new ambulance service is sought is reasonably continuous and adequate; or

(2) an existing certified ambulance service is willing and able to provide, and subsequently does provide, reasonably continuous and adequate ambulance service as ordered by the department."

SECTION 12. A new section of the Ambulance Standards Act, Section 24-10F-7 NMSA 1978, is enacted to read:

"24-10F-7. [NEW MATERIAL] AMBULANCE CERTIFICATES--TERRITORIAL ENDORSEMENTS--CHANGES.--

A. Territorial endorsements to a certificate shall be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or on such other date as the department may provide. Territorial endorsements shall be authorized on the basis of county or municipal boundaries, subject to other specification reasonably allowed or required by the department.

B. An amendment, a transfer, a lease, a cancellation, a suspension, a reinstatement or a modification of a certificate shall not be valid without prior approval of the department. A change in a certificate shall be effective from the date issued by the department and remain in effect until the certificate expires or the department cancels, revokes, suspends or amends the certificate. The department may approve changes to a certificate or temporary authority in accordance with the provisions of the Ambulance Standards Act and department rule, including:

(1) voluntary cancellation of the certificate;

(2) voluntary suspension of the certificate for a period not to exceed twelve consecutive months;

(3) changes to the name of the holder of the certificate;

(4) reinstatement of the certificate following voluntary suspension;

(5) a change in control of a holder of the certificate through issuance or transfer of stock or other legal interest in a holder that is a corporation, partnership, trust or other legal business entity; and

(6) matters pertaining to transfers by operation of law."

SECTION 13. A new section of the Ambulance Standards Act, Section 24-10F-8 NMSA 1978, is enacted to read:

"24-10F-8. [NEW MATERIAL] TEMPORARY AUTHORITY FOR AMBULANCE SERVICE--HEARING.--

A. The department may grant temporary authority to an applicant without notice when:

(1) a pending application for permanent authority has been filed and the notice period for such application has not yet expired;

(2) urgent and immediate public need for an ambulance service is demonstrated;

(3) the public may be harmed by waiting for the notice period to expire; and

(4) the applicant meets requirements for fitness, financial responsibility and safety.

B. If a hearing is held on an application or for a tariff rate increase, during the hearing, the applicant may move for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process; or a protester or the department may move in the proceeding for reconsideration or modification of a grant of temporary authority previously granted by the department or the hearing examiner. In such a case, the hearing examiner shall hold an expedited preliminary public hearing on the grant of temporary authority on the issues in the proceeding and the testimony evidence presented in the hearing on such procedural basis as the department shall prescribe by rule.

C. An ambulance service that is granted temporary authority shall be held to the same standards and comply with the same requirements as an ambulance service certified pursuant to the Ambulance Standards Act.

D. A grant of temporary authority shall not create a presumption that a certificate will be approved."

SECTION 14. A new section of the Ambulance Standards Act, Section 24-10F-9 NMSA 1978, is enacted to read:

"24-10F-9. [NEW MATERIAL] OBJECTIONS--PROTESTS--HEARINGS.--

A. An interested person or a member of the public may file a written objection to an application during the notice period.

B. The department shall consider the objections and may hold a public hearing on an application.

C. The department shall hold a hearing on an application on any such application whenever a protest is filed within the notice period. The department shall allow a protesting certified ambulance service to proceed as an intervenor in the application proceeding.

D. In a public hearing on an application, the applicant bears the burden of:

(1) demonstrating fitness, financial responsibility, ability to provide adequate service and responsiveness to the needs of the public;

(2) proving the applicant meets the requirements of the Ambulance Standards Act and the rules of the department for the application at issue;

(3) demonstrating with reasonable specificity the nature and scope of the applicant's proposed service;

(4) proving any particular factual matters that the department may identify and require;

(5) proving any additional allegations and matters of public interest that the department may raise; and

(6) proving that the certified ambulance service that currently exists in the territory sought in the application, if any, is inadequate and that the proposed service is directly responsive to a public need and demand for the service proposed.

E. In a public hearing on an application, a protesting certified ambulance service bears the burden of:

(1) demonstrating any claimed adverse impact on an existing certificated ambulance service;

(2) proving all matters of fact pertaining to the protesting certified ambulance service's full-service operation within its authorized territory; and

(3) proving all other allegations and matters of public interest that the protesting certified ambulance service may raise.

F. The department may permit additional interested persons to intervene. A permissive intervenor has the burden of proof for its position on all factual matters and legal issues that it alleges and on which it is permitted to intervene."

SECTION 15. A new section of the Ambulance Standards Act, Section 24-10F-10 NMSA 1978, is enacted to read:

"24-10F-10. [NEW MATERIAL] TARIFFS AND RATES.--

A. A certified ambulance service shall not commence operations or perform a new service under its certificate or temporary authority without having a tariff approved by and on file with the department.

B. Tariffs shall include all rates, charges, terms of service, territories and required disclosures.

C. A certified ambulance service shall not charge, or allow its agents, employees or contract drivers to charge, a different or additional rate, or use different or additional practices or terms of service or operate in territories, other than the rates, practices, terms of service and territories specified in department-approved tariffs in effect at the time, except as in accordance with rates and terms of service established by federal or state law for federal or state governmental programs or operations.

D. A certified ambulance service shall not pay or refund, directly or indirectly, to any person a portion of the rate specified in its approved tariff, offer to a person privileges or facilities, perform a service or remit anything of value, except in accordance with rates and terms of service established by federal and state law for federal and state governmental entities, programs or operations.

E. The department shall publish on its website electronic copies of all currently approved tariffs and all tariff statements filed by certified ambulance services in a manner to facilitate public access, review and comparison of rates and terms of service.

F. The following terms of service contained in a tariff shall not be considered inconsistent with or predatory or discriminatory in nature under the Ambulance Standards Act or department rule:

(1) a certified ambulance service may decline or terminate service under circumstances that reasonably appear to present a physical danger to the driver, another employee of the service or a passenger;

(2) a certified ambulance service is not responsible for cancellations or delays due to weather or road conditions when reasonably required for safety or when due to road construction, road closures, law enforcement stops or similar matters beyond the control of the service; and

(3) a certified ambulance service may require that all firearms carried by any passenger other than an authorized law enforcement officer be unloaded and placed in a locked area of the vehicle during transport, along with all ammunition and any other weapons.

G. An application for amendments of tariff rates that increase a tariff rate to a level greater than that previously approved by the department shall not take effect until approved by the department. The department shall hold a hearing for any such application if requested by the applicant.

H. The department shall establish standards ensuring that rates are nonpredatory, nondiscriminatory and adequate to support safe and efficient provision of ambulance services.

I. A person may make a complaint in writing to the department that a rate or term of service contained in a tariff, or a rate otherwise charged or practice otherwise at issue, is inconsistent with or in violation of the Ambulance Standards Act or department rule. The department may suspend the operation of a rate, term of service or practice for a period not to exceed sixty days to investigate the complaint. If the department finds that a rate charged or a term of service or practice effected by a certified ambulance service is unauthorized, predatory or discriminatory, the department shall prescribe the rate or the maximum or minimum rate to be observed or the terms of service to be made effective."

SECTION 16. A new section of the Ambulance Standards Act, Section 24-10F-11 NMSA 1978, is enacted to read:

"24-10F-11. [NEW MATERIAL] RECORDS AND ACCESS.--

A. The department may establish reasonable requirements for certified ambulance services with respect to reports, records and systems for recordkeeping and preservation.

B. The department may require certified ambulance services to submit annual reports to the department as required by rule. Any financial data filed by certified ambulance services in the reports are confidential and shall not be published or considered a public record for the purposes of the Inspection of Public Records Act.

C. The department or its employees or duly authorized agents shall at all times have access to:

(1) land, buildings, improvements to real property and equipment of certified ambulance services used in connection with the certified ambulance service's ambulance service operations; and

(2) records kept by certified ambulance services.

D. The department may, by order, require a certified ambulance service, or its officers or agents, to produce within New Mexico at such reasonable time and place as the department may designate, original or certified copies of records regardless of where they are kept by the certified ambulance service when their production is pertinent to a matter before the department, in order that the department may examine them. No trade secret or business confidentiality immunity or privilege may be asserted by the certified ambulance service in response to such an order or request; provided that nothing in this provision shall prevent a certified ambulance service from moving for, or the department from entering, an appropriate protective order to preserve the certified ambulance service's trade secrets or business confidentiality from further disclosure, nor shall this provision or any production required under this provision waive or diminish the certified ambulance service's trade secret or business confidentiality immunity or privilege as to persons other than the department."

SECTION 17. A new section of the Ambulance Standards Act, Section 24-10F-12 NMSA 1978, is enacted to read:

"24-10F-12. [NEW MATERIAL] ENFORCEMENT.--The department may take actions to enforce the provisions of the Ambulance Standards Act and department rules with respect to ambulance services, including:

A. administrative investigations and inspections;

B. issuance and enforcement of subpoenas in accordance with Section 24-10F-13 NMSA 1978;

C. administrative penalties;

D. suspension, revocation or amendment of certificates and tariffs; and

E. civil actions to enforce orders, recover penalties or enjoin violations."

SECTION 18. A new section of the Ambulance Standards Act, Section 24-10F-13 NMSA 1978, is enacted to read:

"24-10F-13. [NEW MATERIAL] SUBPOENAS--WITNESSES--SERVICE.--

A. For the purposes of the Ambulance Standards Act, the department may administer oaths, certify to official acts, issue subpoenas for witnesses and records, compel the attendance of witnesses and the production of evidence in hearings before the department, enforce issued subpoenas through a court and, through the court, seek a remedy for contempt. A subpoena issued pursuant to this section shall command each person to whom it is directed to attend and give testimony or to produce documents or other designated articles at a time and place specified in the subpoena.

B. The department shall only subpoena witnesses and records pertinent to a question lawfully before the department. A person shall not be required to testify or produce documentary evidence in response to an inquiry not pertinent to a question lawfully before the department.

C. If the department orders a person to appear before it, the department shall reimburse the witness pursuant to the Per Diem and Mileage Act.

F. The bureau chief may authorize in writing an employee or other person to investigate and take testimony regarding a matter pending before the department."

SECTION 19. Section 65-6-6 NMSA 1978 (being Laws 1974, Chapter 82, Section 6) is recompiled as Section 24-10F-14 NMSA 1978 and is amended to read:

"24-10F-14. EXCEPTIONS.--The Ambulance Standards Act does not apply to:

A. gratuitous assistance by [any individual] a person in the case of an emergency;

B. law enforcement officials in the pursuit of their duties; [and] or

C. ambulances owned by a private company, corporation or business used primarily for the transportation of sick or injured employees from the place of business to a hospital or other facility for treatment; however, no such ambulance may be used to transport any person from one hospital to another hospital or similar facility or from a hospital to the sick or injured person's home."

SECTION 20. Section 27-5-4 NMSA 1978 (being Laws 1965, Chapter 234, Section 4, as amended) is amended to read:

"27-5-4. DEFINITIONS.--As used in the Indigent Hospital and County Health Care Act:

A. "ambulance provider" or "ambulance service" means a specialized carrier based within the state authorized under provisions and subject to limitations as provided in individual carrier certificates issued by the department of [transportation] health to transport persons alive, dead or dying en route by means of ambulance service. The rates and charges established by department of [transportation] health tariff shall govern as to allowable cost. Also included are air ambulance services approved by the county. The air ambulance service charges shall be filed and approved pursuant to Subsection D of Section 27-5-6 NMSA 1978 and Section 27-5-11 NMSA 1978;

B. "cost" means all allowable costs of providing health care services, to the extent determined by resolution of a county, for an indigent patient. Allowable costs shall be based on medicaid fee-for-service reimbursement rates for hospitals, licensed medical doctors and osteopathic physicians;

C. "county" means a county except a class A county with a county hospital operated and maintained pursuant to a lease or operating agreement with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico;

D. "department" or "authority" means the health care authority;

E. "fund" means a county health care assistance fund;

F. "health care services" means treatment and services designed to promote improved health in the county indigent population, including primary care, prenatal care, dental care, behavioral health care, alcohol or drug detoxification and rehabilitation, hospital care, provision of prescription drugs, preventive care or health outreach services, to the extent determined by resolution of the county;

G. "indigent patient" means a person to whom an ambulance service, a hospital or a health care provider has provided medical care, ambulance transportation or health care services and who can normally support the person's self and the person's dependents on present income and liquid assets available to the person but, taking into consideration the person's income, assets and requirements for other necessities of life for the person and the person's dependents, is unable to pay the cost of the ambulance transportation or medical care administered or both; provided that if a definition of "indigent patient" is adopted by a county in a resolution, the definition shall not include any person whose annual income together with that person's spouse's annual income totals an amount that is fifty percent greater than the per capita personal income for New Mexico as shown for the most recent year available in the survey of current business published by the United States department of commerce. "Indigent patient" includes a minor who has received ambulance transportation or medical care or both and whose parent or the person having custody of that minor would qualify as an indigent patient if transported by ambulance, admitted to a hospital for care or treated by a health care provider;

H. "medicaid eligible" means a person who is eligible for medical assistance from the department;

I. "planning" means the development of a countywide or multicounty health plan to improve and fund health services in the county based on the county's needs assessment and inventory of existing services and resources and that demonstrates coordination between the county and state and local health planning efforts;

J. "public entity" means a state, local or tribal government or other political subdivision or agency of that government; and

K. "qualifying hospital" means an acute care general hospital licensed by the authority that is qualified to receive payments from the safety net care pool pursuant to an agreement with the federal centers for medicare and medicaid services."

SECTION 21. Section 65-2A-3 NMSA 1978 (being Laws 2003, Chapter 359, Section 3, as amended) is amended to read:

"65-2A-3. DEFINITIONS.--As used in the Motor Carrier Act:

A. "ability to provide certificated service" means that an applicant or carrier can provide reasonably continuous and adequate transportation service of the type required by its application or its operating authority in the territory authorized or sought to be authorized;

B. "ambulance service" means the intrastate transportation of sick or injured persons in an ambulance meeting the standards established by the department of health under the Ambulance Standards Act;

C. "amendment of a certificate" means a permanent change in the type or nature of service, territory or terms of service authorized by an existing certificate;

D. "antitrust laws" means the laws of this state relating to combinations in restraint of trade;

E. "base state" means the registration state for an interstate motor carrier that either is subject to regulation or is transporting commodities exempt from regulation by the federal motor carrier safety administration pursuant to the unified carrier registration system;

F. "cancellation of an operating authority" means the voluntary, permanent termination of all or part of an operating authority;

G. "certificate" means the authority issued by the department to a person that authorizes the person to offer and provide a certificated service as a motor carrier;

H. "certificated service" means one of the following transportation services:

[(1) an ambulance service;

(2)] (1) a household goods service;

[(3)] (2) a shuttle service;

[(4)] (3) a specialized passenger service; or

[(5)] (4) a taxicab service;

I. "change in a certificate" means the voluntary amendment, cancellation, change in form of legal entity of the holder, lease, reinstatement, transfer or voluntary suspension of a certificate;

J. "charter service" means the compensated transportation of a group of persons in a motor vehicle who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle and driver, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin;

K. "commuter service" means the intrastate transportation of passengers in motor vehicles having a capacity of seven to fifteen persons, including the driver, provided to a volunteer-driver commuter group that shares rides to and from the workplace or training site, where participation is incidental to the primary work or training-related purposes of the commuter group, and where the fees paid by the participants do not exceed the costs for transportation, including gas and other trip-related expenses;

L. "continuous and adequate service" means:

(1) for full-service carriers, reasonably continuous availability, offering and provision of transportation services through motor vehicles, equipment and resources satisfying safety and financial responsibility requirements under the Motor Carrier Act and department rule, that are reasonably adequate to serve the entire full-service territory authorized in the certificate, with reasonable response to all requests for service for the nature of passenger service authorized, based on the nature of public need, expense and volume of demand for the type of service authorized during seasonal periods; and

(2) for general-service carriers, reasonably continuous availability and offering of transportation services through motor vehicles, equipment and resources satisfying safety and financial responsibility requirements under the Motor Carrier Act and department rule for the nature of the transportation service authorized in the certificate;

M. "contract driver" means a person who contracts with a motor carrier as an independent contractor to drive a vehicle pursuant to an operating authority issued to the motor carrier;

N. "department" means the department of transportation;

O. "endorsement" means the specification in a certificate of the territory in which the carrier is authorized to operate, the nature of service to be provided by a certificated passenger service and any additional terms of service that may be reasonably granted or required by the department for the particular authority granted;

P. "fare" means the full compensation charged for transportation by a tariffed passenger service;

Q. "financial responsibility" means the ability to respond in damages for liability arising out of the ownership, maintenance or use of a motor vehicle in the provision of transportation services;

R. "fitness to provide a transportation service" means that an applicant or carrier complies with state law as provided in the Motor Carrier Act or by rule of the department;

S. "for hire" means that transportation is offered or provided to the public for remuneration, compensation or reward of any kind, paid or promised, either directly or indirectly;

T. "full service" means one of the following certificated passenger services that are endorsed and required to meet specific standards for the provision of service to or throughout a community:

[(1) an ambulance service;

(2)] (1) a scheduled shuttle service; or

[(3)] (2) a municipal taxicab service;

U. "general service" means one of the following certificated services that provides transportation services of the type authorized, but is not required to provide unprofitable or marginally profitable carriage:

(1) a general shuttle service;

(2) a general taxicab service;

(3) a specialized passenger service; or

(4) a household goods service;

V. "highway" means a way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;

W. "holder of an operating authority" means the grantee of the operating authority or a person that currently holds all or part of the right to exercise the authority through a transfer by operation of law;

X. "household goods" means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling and other similar property as the federal motor carrier safety administration may provide by regulation, but shall not include property moving to or from a factory or store, other than property the householder has purchased to use in the householder's dwelling that is transported at the request of, and the transportation charges are paid to the carrier by, the householder;

Y. "household goods service" means the intrastate transportation, packing and storage of household goods for hire;

Z. "interested person" means a motor carrier operating in the territory involved in an application or grant of temporary authority, a person affected by an order of the department or a rule proposed for adoption by the department or a person the department may deem interested in a particular matter;

AA. "interstate motor carrier" means a person providing compensated transportation in interstate commerce, whether or not the person is subject to regulation by the federal motor carrier safety administration;

BB. "intrastate motor carrier" means a motor carrier offering or providing transportation for hire by motor vehicle between points and places in the state;

CC. "involuntary suspension" means the temporary cessation of use of all or part of an operating authority ordered by the department for cause for a stated period of time or pending compliance with certain conditions;

DD. "lease of a certificate" means an agreement by which the holder of a certificate grants to another person the exclusive right to use all or part of the certificate for a specified period of time in exchange for consideration, but does not include an agreement between a motor carrier and its contract driver;

EE. "lease of equipment" means an agreement whereby a motor carrier obtains equipment owned by another person for use by the motor carrier in the exercise of its operating authority, but does not include an agreement between a motor carrier and its contract driver;

FF. "motor carrier" or "carrier" means a person offering or providing transportation of persons, property or household goods for hire by motor vehicle, whether in intrastate or interstate commerce;

GG. "motor carrier organization" means an organization approved by the department to represent motor carriers and to discuss and propose industry interests and matters other than rates, as well as discussing and proposing rates and other matters pertaining to statewide tariffs;

HH. "motor vehicle" or "vehicle" means a vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used on a highway in the transportation of property, household goods or persons, but does not include a vehicle, locomotive or car operated exclusively on rails;

II. "nature of service" means the type of transportation service to be provided by a certificated passenger service as set forth in Subsection A of Section 65-2A-8 NMSA 1978;

JJ. "nonconsensual tow" means the compensated transportation of a motor vehicle by a towing service, if such transportation is performed at the request of a law enforcement officer or without the prior consent or authorization of the owner or operator of the motor vehicle;

KK. "notice period" means the period of time specified in Section 65-2A-6 NMSA 1978 following publication of notice during which the department may not act;

LL. "objection" means a document filed with the department by an interested person or a member of the public during the notice period for an application [for a certificate], or for amendment, lease or transfer of a certificate, that expresses an objection to, or provides information concerning, the matter before the department;

MM. "operating authority" means a certificate, warrant, unified carrier registration or temporary authority issued by the department to a motor carrier;

NN. "passenger" means a person other than the driver of a motor vehicle transported in a motor vehicle;

OO. "passenger service" means a transportation service offered or provided for the transportation of passengers by motor vehicle;

PP. "predatory rate or practice" means the knowing and willful requirement by a carrier that a passenger or shipper pay a rate, fare or other charge in excess of the rates and charges or in a manner other than in accordance with terms of service as provided by law, as provided in a tariff governing the carrier or as provided in a preexisting written contract regarding the carriage, when such charge is made:

(1) by a passenger carrier as a prior condition for the provision of transportation or continued transportation of a passenger; or

(2) as a prior condition by a towing service carrier performing nonconsensual tows or a household goods service carrier for delivery of, release of or access to vehicles or household goods by the shipper or registered owner;

QQ. "process" means, in the context of legal process, an order, subpoena or notice issued by the department or an order, subpoena, notice, writ or summons issued by a court;

RR. "property" means movable articles of value, including cadavers, hazardous matter, farm products, livestock feed, stock salt, manure, wire, posts, dairy products, livestock hauled in lots of twenty-five thousand pounds or more, farm or ranch machinery and the items transported by a towing service, but does not include household goods or unprocessed farm products transported by a farmer from the place of harvesting to market, storage or a processing plant;

SS. "protest" means a document in the form of a pleading filed with the department by a full-service carrier that expresses an objection to an application before the department for a certificate for passenger service [for ambulance service] or for passenger service pursuant to a public-charge contract or for amendment, lease or transfer of such a certificate:

(1) when the territory involved in the application includes all or a portion of the full-service territory of the protesting carrier; and

(2) [for a carrier other than an ambulance service carrier] when the grant of the application will, or presents a reasonable potential to, impair, diminish or otherwise adversely affect its existing provision of full-service passenger service to the public within its full-service territory;

TT. "public-charge contract" means a contract or contractual arrangement between a motor carrier and a third party for passenger service that requires or allows the motor carrier to charge passengers a fare for the transportation service to be provided pursuant to the contract;

UU. "rate" means a form of compensation charged, whether directly or indirectly, by a person for a transportation service subject to the jurisdiction of the department;

VV. "record of a motor carrier" means an account, correspondence, memorandum, tape, disc, paper, book or transcribed information, or electronic data information, including the electronic hardware or software necessary to access the electronic data information in its document form, regarding the operation of a motor carrier;

WW. "registration year" means a calendar year;

XX. "revocation" means the involuntary, permanent termination of all or part of an operating authority ordered by the department for cause;

YY. "shipper" means a person who consigns or receives property or household goods for transportation;

ZZ. "shuttle service" means the intrastate transportation of passengers for hire pursuant to a set fare for each passenger between two or more specified terminal points or areas and includes both scheduled shuttle service and general shuttle service as follows:

(1) "scheduled shuttle service" means a shuttle service that transports passengers to and from an airport both through prior arrangement and through presentment at terminal locations, on the basis of a daily time schedule filed with the department, that must be met in a timely fashion with a vehicle present at the terminal location regardless of the number of passengers carried on any run, if any, and that includes general shuttle service; and

(2) "general shuttle service" means a shuttle service that is not required to operate on a set schedule, that may optionally use a grid map to specify distant or adjacent terminal areas and that is not required to accept passengers other than pre-arranged passengers;

AAA. "specialized passenger service" means the intrastate transportation for hire of passengers with special physical needs by specialized types of vehicles, or for specialized types of service to the public or community, as the department may by rule provide;

BBB. "tariff" means a document filed by a tariffed service carrier that has been approved by the department and sets forth the transportation services offered by the motor carrier to the general public, including the rates, terms of service and applicable time schedules relating to those services;

CCC. "tariffed service" means one of the following transportation services authorized by the department for the provision of service on the basis of rates and terms of service contained in a tariff approved by the department:

[(1) an ambulance service;

(2)] (1) a household goods service;

[(3)] (2) a shuttle service;

[(4)] (3) a specialized passenger service;

[(5)] (4) a taxicab service; or

[(6)] (5) a towing service performing nonconsensual tows;

DDD. "taxicab association" means an association, cooperative or other legal entity whose members are taxicab drivers, which shall be treated in the same manner as any other applicant with regard to applications for a certificate for general taxicab service or for full-service municipal taxicab service and which shall be subject in the same manner to all other provisions, requirements and limitations of the Motor Carrier Act;

EEE. "taxicab service" means intrastate transportation of passengers for hire in a motor vehicle having a capacity of not more than eight persons, including the driver, for which the passenger or other person engaging the vehicle is allowed to specify not only the origin and destination points of the trip but also, within reason, the route taken by the vehicle, any intermediate stop, any optional waiting at a stop and any other passengers transported during the trip and that charges a fare for use of the vehicle primarily on the basis of a drop-flag fee, cumulative mileage and cumulative wait time through a taxicab meter used to cumulate and display the fare to the passenger and includes both municipal taxicab service and general taxicab service, as follows:

(1) "municipal taxicab service" means a taxicab service that deploys vehicles at all times of the day and year, is centrally dispatched and reasonably responds to all calls for service within its endorsed full-service territory regardless of profitability of the individual trip, in addition to the transportation service provided by a general taxicab service; and

(2) "general taxicab service" means a taxicab service that need not be dispatched, that may pick up on-demand passengers through flagging or at a taxicab stand or queue, that need not deploy vehicles in any particular manner and that may charge for trips to destination points or places outside of the taxicab service's certificated territories on the basis of a set fare;

FFF. "terms of service" means all terms, aspects, practices, limitations, conditions and schedules of service other than specific rate amounts pertaining to a tariffed service;

GGG. "towing service" means the use of specialized equipment, including repossession services using towing equipment, to transport or store:

(1) a damaged, disabled or abandoned motor vehicle and its cargo;

(2) a motor vehicle to replace a damaged, disabled or abandoned motor vehicle;

(3) parts and equipment to repair a damaged, disabled or abandoned motor vehicle;

(4) a motor vehicle whose driver has been declared unable to drive by a law enforcement officer;

(5) a motor vehicle whose driver has been removed from the scene or is unable to drive; or

(6) a motor vehicle repossessed or seized pursuant to lawful authority;

HHH. "transfer of a certificate" means a permanent conveyance of all or part of a certificate;

III. "transfer by operation of law" means that all or a part of a grantee's interest in an operating authority passes to a fiduciary or other person by application of established rules of law;

JJJ. "transportation service" means transportation subject to the jurisdiction of the department, offered or provided by a motor carrier, that requires the carrier to obtain an operating authority from the department under the Motor Carrier Act, regardless of whether the motor carrier has obtained appropriate operating authority from the department;

KKK. "verification" means a notarized signature verifying the contents of the document or other filing or a signature verifying the contents of the document or other filing under penalty of perjury, expressly providing that the signatory swears or affirms the contents under penalty of perjury as provided in Subsection A of Section 65-2A-33 NMSA 1978;

LLL. "voluntary suspension" means the department-authorized cessation of use of all or part of a certificate at the request of the holder for a specified period of time, not to exceed twelve consecutive months;

MMM. "warrant" means the authority issued by the department to a person that authorizes the person to offer and provide a warranted service as a motor carrier;

NNN. "warranted service" means one of the following intrastate transportation services offered or provided for hire:

(1) a charter service;

(2) a property transportation service; or

(3) a towing service; and

OOO. "weight-bumping" means the knowing and willful statement of a fraudulent weight on a shipment of household goods."

SECTION 22. Section 65-2A-8 NMSA 1978 (being Laws 2003, Chapter 359, Section 8, as amended) is amended to read:

"65-2A-8. CERTIFICATES FOR PASSENGER SERVICE.--

A. The department may issue a certificate for a passenger service as follows:

[(1) a certificate for an ambulance service;

(2)] (1) a certificate for a shuttle service shall be endorsed for nature of service as a scheduled shuttle service or as a general shuttle service;

[(3)] (2) a certificate for a specialized passenger service shall be endorsed for nature of service as provided by department rule; and

[(4)] (3) a certificate for a taxicab service shall be endorsed for nature of service as a municipal taxicab service or as a general taxicab service.

B. Except as provided in this section and in Section 65-2A-13 NMSA 1978, the department shall issue a certificate allowing a person to provide passenger service after notice and public hearing requirements are met, if:

(1) the applicant is fit and able to provide the transportation service to be authorized by the certificate;

(2) the applicant is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act, the rules of the department and other applicable federal and state laws and rules; and

[(3) for an application for ambulance service, the transportation service to be provided under the certificate is or will serve a useful public purpose that is responsive to a public demand or need; and

(4)] (3) the applicant has filed a tariff as provided in Section 65-2A-20 NMSA 1978.

C. Before granting a certificate for passenger service, the department shall consider any objections or protests that were filed within the notice period.

[D. Before granting a certificate for ambulance service, the department shall also consider the effect that issuance of the certificate would have on existing ambulance service in the territory.

E.] D. A certificate issued by the department for provision of passenger service shall contain one or more endorsements, each of which shall specify the:

(1) nature of service to be rendered;

(2) territory authorized to be served; and

(3) reasonable terms of service as the department may allow or require for the particular certificate.

[F.] E. Territorial endorsements to a certificate for passenger service shall:

(1) be limited to territory sought in the application that will be served in a reasonably continuous and adequate manner beginning within thirty days of the issuance of the certificate or such other definite period or date as the department may provide for a particular application and shall generally be authorized on the basis of county or incorporated municipal boundaries, subject to other specification reasonably allowed or required by the department;

(2) except for shuttle services, authorize transportation between points and places within the specified territory, and from points and places within the specified territory to all points and places in the state and return, unless otherwise expressly allowed or specified in the terms of service in the endorsement to the certificate; and

(3) for shuttle services, provide for transportation between two or more specified end or intermediate terminal points or areas, and authorize pick-up or drop-off of passengers throughout a terminal area, but shall not authorize transportation between points and places within a single terminal area or the provision of transportation services in any other areas of the state."

SECTION 23. Section 65-2A-13 NMSA 1978 (being Laws 2003, Chapter 359, Section 13, as amended) is amended to read:

"65-2A-13. PROTESTS, OBJECTIONS AND HEARINGS.--

A. Any interested person or any member of the public may provide information to the department or express an objection to any application for a certificate, or for amendment, lease or transfer of a certificate, during the notice period for the application by filing a written objection in regard to the application. The department shall consider any objections filed in regard to determining whether to hold a hearing on the application. The department is not required to hold a hearing pursuant to any objection but may, in its discretion or on its own motion for any reason, hold a hearing on any application for a certificate or for an amendment, lease or transfer of a certificate.

B. The department shall hold a hearing on an application whenever a protest is filed within the notice period or the traffic safety bureau of the department files a request for a hearing relative to an application within the notice period. The department shall allow a protesting carrier to proceed as an intervenor in the application proceeding.

C. In any hearing held on an application:

(1) the applicant has the burden of proving that the applicant meets the requirements of the Motor Carrier Act and the rules of the department for the application at issue, the burden of demonstrating with reasonable specificity the nature and scope of its proposed transportation service, the burden of proving any particular factual matters that the department or the traffic safety bureau of the department may identify and require and the burden of proving any additional allegations and matters of public interest that it may raise [and, if the application pertains to ambulance service, the burden of proving that the ambulance service that currently exists in the territory sought in the application is inadequate and that the proposed service is directly responsive to a public need and demand for the service proposed];

(2) a protesting carrier has the burden of proving all matters of fact pertaining to its full-service operation within its certificated full-service territory, the burden of proving the potential impairment or adverse impact on its existing full-service operation by the transportation service proposed by the applicant and the burden of proving all other allegations and matters of public interest that it may raise. The protesting carrier's proof should include, without limitation, a demonstration with reasonable specificity of the nature of the existing full service being provided, the volume of passengers transported, economic analysis related to expenses and revenues of the full-service operation and the anticipated economic, business or functional effect of the proposed service on the existing provision of, or rates for, full-service transportation within the full-service territory;

(3) the department may allow other interested persons to intervene, either generally or on the basis of specific facts or issues. A permissive intervenor has the burden of proof for its position on all factual matters and legal issues that it alleges and on which it is permitted to intervene; and

(4) all parties to a hearing may base their demonstration and proof on business data, experienced persons and mathematical calculations. Expert testimony shall not be required of any party but may be provided at the option of a party.

D. The department shall not grant an application:

[(1) for a certificate for ambulance service, or for amendment, lease or transfer of such a certificate, if it finds after hearing that the existing ambulance service is provided on a reasonably continuous and adequate basis in the territory in which the new service is sought or that the holder of the certificate or lessee providing the existing ambulance service in such territory is willing and able to provide, and does subsequently provide, reasonably continuous and adequate service within such territory, as specified by department order;

(2)] (1) for a new certificate for general taxicab service within the full-service territory of a protesting municipal taxicab service carrier; or

[(3)] (2) for a certificate for any passenger service other than those identified in [Paragraphs (1) and (2)] Paragraph (1) of this subsection, or for amendment, lease or transfer of such a certificate, within a protesting full-service carrier's full-service territory, if it finds after hearing that the grant of the application presents a reasonable potential to impair, diminish or otherwise adversely affect the existing provision of full-service passenger service to the public in the full-service territory or if the application is otherwise contrary to the public interest in the full-service territory. In considering the potential effect on provision of transportation services to the public in regard to such an application, the department shall consider all evidence presented pertaining to such potential effect, including evidence of the effect that diversion of revenue or traffic may have on the provision of full-service passenger service to the community. Diversion of revenue or traffic from an existing motor carrier shall not, however, be sufficient grounds for denying the application without a showing that the diversion presents a reasonable potential to affect the provision of full-service passenger service to the community."

SECTION 24. Section 65-2A-20 NMSA 1978 (being Laws 2003, Chapter 359, Section 20, as amended) is amended to read:

"65-2A-20. TARIFFS.--

A. A tariffed service carrier shall not commence operations or perform a new service under its operating authority without having an approved tariff on file with the department.

B. A tariffed service carrier shall file with the department proposed tariffs showing the rates for transportation and all related activities and containing a description of the type and nature of the service, territory and all terms of service for transportation and related services. The rates shall be stated in terms of United States currency. Tariffs for individual carriers shall also include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for each transportation service listed in the tariff and any terms of service contained in the operating authorities for that particular carrier. Each tariffed service carrier operating pursuant to a statewide tariff shall file with the department a tariff statement referencing the statewide tariff being used and include the carrier's legal name, all business trade names used by the carrier, contact information, information for service of process, the territory authorized for that carrier and any terms of service contained in the operating authority for that particular carrier.

C. A tariffed service carrier shall not charge, or permit its agents, employees or contract drivers to charge, a different or additional rate, or to use different or additional practices or terms of service, for transportation or for a service rendered to or for the user of the service other than the rates and terms of service specified in approved tariffs in effect at the time, except:

(1) for [ambulance and] household goods service carriers, in accordance with rates and terms of service established by federal or state law for federal or state governmental programs or operations; and

(2) for tariffed passenger service carriers, [other than ambulance service carriers] in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate.

D. A tariffed service carrier shall not pay or refund, directly or indirectly to any person, a portion of the rate specified in its approved tariff, offer to a person privileges or facilities, perform a service or remit anything of value, except:

(1) in accordance with tariffs approved by the department;

(2) for [ambulance and] household goods service carriers, in accordance with rates and terms of service established by federal and state law for federal and state governmental entities, programs or operations;

(3) for tariffed passenger service carriers, [other than ambulance service carriers] in accordance with the rates and terms of service established by governmental programs or operations in which they voluntarily participate; or

(4) in settling or resolving a claim by a customer.

E. The department shall post on its internet website electronic copies of all currently approved individual and statewide tariffs, and all tariff statements filed by carriers using statewide tariffs, in a manner to facilitate public access, review and comparison of rates and terms of service. A certificated passenger service carrier [other than an ambulance service carrier] shall post its tariff rates in each vehicle used in the provision of its transportation service.

F. A tariffed service carrier shall file an application with the department for any change in the tariff, accompanied by the proposed tariff, at least twenty days prior to implementation of the amended rates and terms of service contained in the tariff. Except as provided in this section, an amended tariff shall be approved and become effective twenty days after filing of the application for a change in the tariff. The department shall post notice of each application for a change in a tariff along with a copy of the proposed tariff on the department website.

G. No changes in terms of service disapproved by the traffic safety bureau of the department as inconsistent with the Motor Carrier Act, rule of the department, the individual operating authority of the carrier or otherwise in violation of law shall become effective or be part of the approved tariff. The following terms of service contained in a tariff shall not be considered inconsistent with, or predatory or discriminatory in nature under the Motor Carrier Act or department rule:

(1) a carrier may decline or terminate service under circumstances that reasonably appear to present a physical danger to the driver, to another employee of the carrier or to passengers or [for carriers other than ambulance service carriers] a danger to the condition of the motor vehicle or cargo;

(2) a carrier is not responsible for cancellations or delays due to weather or road conditions when reasonably required for safety or when due to road construction, road closures, law enforcement stops or similar matters beyond the control of the carrier;

(3) a passenger service carrier may require that all firearms carried by any passenger other than an authorized law enforcement officer be unloaded and placed in a locked area of the vehicle during transport, along with all ammunition and any other weapons; or

(4) a passenger service carrier [other than an ambulance service carrier] may decline or terminate service when the passenger cannot give an adequate description of, or direction to, the destination or cannot transfer into or out of the motor vehicle without requiring physical assistance from the driver.

H. An application for amendment of tariff rates that increases any tariff rate to a level greater than that previously approved by the department for a full-service carrier or a towing service providing nonconsensual tows shall not become effective until approved by the department as reasonable under Section 65-2A-21 NMSA 1978. The department shall hold a hearing appropriate to the type of transportation service provided by the carrier for any such application, if requested by the applicant or by the traffic safety bureau of the department, or if ordered in the discretion of the department. The department may provide for reasonable periodic rate increases for full-service carriers or towing services providing nonconsensual tows pursuant to a rate escalator or adjustment clause for any or all rates of a carrier on such basis as the department finds reasonable.

I. A person may make a complaint in writing to the department that a rate or term of service contained in a tariff, or a rate otherwise charged or practice otherwise effected, is inconsistent with or in violation of the Motor Carrier Act, department rule or the operating authority or current tariff of the motor carrier. The department may suspend the operation of a rate, term of service or practice for a period not to exceed sixty days to investigate its reasonableness. If the department finds that a rate charged by a tariffed carrier, or a term of service or practice effected by a tariffed carrier, is unauthorized, predatory or discriminatory, the department shall prescribe the rate or the maximum or minimum rate to be observed or the terms of service to be made effective."

SECTION 25. TEMPORARY PROVISIONS.--

A. On January 1, 2027, all functions, appropriations, money, records, equipment, supplies and other property of the department of transportation related to ambulance standards are transferred to the department of health.

B. On January 1, 2027, all contractual obligations of the department of transportation related to ambulance standards are transferred to and binding on the department of health.

C. Beginning January 1, 2027, all references in law and rules to the department of transportation related to ambulance standards shall be deemed references to the department of health.

D. The rules and decisions of the department of transportation related to motor carrier ambulance standards shall remain in effect until repealed or amended.

E. Ambulance service certifications, tariffs or approvals issued prior to January 1, 2027 shall remain valid until modified, suspended, revoked or as otherwise agreed upon by the department of health.

SECTION 26. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2027 and 2028 to carry out the provisions of the Ambulance Standards Act. Any unexpended balance remaining at the end of fiscal year 2028 shall revert to the general fund.

SECTION 27. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2027.

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