0001| SENATE BILL 518 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| MARY JANE M. GARCIA | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO MOTOR VEHICLES; CREATING AND PROVIDING POWERS AND | 0013| DUTIES OF THE MOTOR VEHICLE THEFT PREVENTION AUTHORITY; IMPOSING | 0014| CERTAIN FEES; MAKING AN APPROPRIATION. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Vehicle Theft Act". | 0019| Section 2. DEFINITIONS.--As used in the Vehicle Theft Act: | 0020| A. "authority" means the motor vehicle theft | 0021| prevention authority; | 0022| B. "department" means the department of public | 0023| safety; | 0024| C. "fund" means the vehicle theft prevention fund; | 0025| D. "insurer" means any insurer, as defined in | 0001| Section 59A-1-8 NMSA 1978, writing vehicle insurance, as defined | 0002| in Section 59A-7-7 NMSA 1978; | 0003| E. "motor vehicle" means "motor vehicle" as defined | 0004| in the Motor Vehicle Code; | 0005| F. "secretary" means the secretary of public safety; | 0006| and | 0007| G. "vehicle theft" means theft of a motor vehicle | 0008| for financial gain. | 0009| Section 3. AUTHORITY CREATED--REMOVAL FOR CAUSE.-- | 0010| A. The "motor vehicle theft prevention authority" is | 0011| created. The authority is administratively attached to the | 0012| department within the meaning of Section 9-1-7 NMSA 1978. | 0013| B. The authority consists of seven members. The | 0014| secretary is an ex-officio member. The governor shall appoint | 0015| the other six members as follows: | 0016| (1) two motor vehicle insurance consumers, not | 0017| more than one of whom shall be or represent commercial or | 0018| business consumers; | 0019| (2) two representatives of authorized insurers | 0020| writing motor vehicle insurance in New Mexico; and | 0021| (3) two law enforcement members actively | 0022| employed by and representative of New Mexico law enforcement | 0023| agencies. | 0024| C. The members other than the secretary shall be | 0025| compensated in connection with their Vehicle Theft Act | 0001| activities as provided in the Per Diem and Mileage Act for | 0002| nonsalaried public officers and shall receive no other | 0003| compensation, perquisite or allowance. | 0004| D. No appointed member shall serve or continue to | 0005| serve as a member of the authority who: | 0006| (1) does not at the time of appointment or at | 0007| any time thereafter meet the qualifications for membership | 0008| established in Subsection B of this section; | 0009| (2) cannot discharge the member's duties for a | 0010| substantial period of time, exceeding ninety days, because of | 0011| illness, disability or other causes not within the member's | 0012| control; or | 0013| (3) is absent from more than one-third of the | 0014| authority meetings during any one-year period, unless excused by | 0015| a majority of the other members. | 0016| E. The fact that grounds exist for a member's | 0017| removal does not affect the validity of any action the authority | 0018| may take while such grounds exist. | 0019| Section 4. AUTHORITY MEMBERS--OFFICERS--MEETINGS.-- | 0020| A. The members of the authority shall elect a | 0021| chairman from among the membership at the first meeting in any | 0022| calendar year. The members may also elect one or more vice | 0023| chairmen and other officers from the membership. | 0024| B. The members shall meet at least once every | 0025| calendar quarter, at the call of the chairman. | 0001| C. The members may meet on additional occasions at | 0002| the call of the chairman or any four members. | 0003| Section 5. AUTHORITY--POWERS AND DUTIES.--The authority: | 0004| A. shall develop and implement a plan of operation; | 0005| B. may make determinations regarding the sufficiency | 0006| of insurer payments; | 0007| C. shall develop and establish a motor vehicle | 0008| registration plan to be administered by the department; | 0009| D. shall determine and report on the motor vehicle | 0010| theft rate; | 0011| E. may provide financial support to New Mexico law | 0012| enforcement agencies for vehicle theft enforcement teams; | 0013| F. may provide financial support to law enforcement | 0014| agencies, local prosecutors and judicial agencies and may | 0015| contract with neighborhood, community, business and nonprofit | 0016| organizations for programs designed to reduce the incidence of | 0017| vehicle theft; | 0018| G. may conduct or contract for educational programs | 0019| to inform motor vehicle owners of methods of preventing vehicle | 0020| theft; | 0021| H. may provide equipment for experimental purposes | 0022| to assist motor vehicle owners in preventing vehicle theft; | 0023| I. may establish a uniform program to prevent stolen | 0024| motor vehicles from entering Mexico; | 0025| J. may adopt rules and regulations; | 0001| K. shall submit a written report of its activities | 0002| on or before December 31 annually to the department, the | 0003| governor and the legislature; | 0004| L. may employ and compensate an administrative | 0005| director and staff in accordance with the Personnel Act; | 0006| M. may enter into contracts, sue and be sued; and | 0007| N. may apply for, solicit and accept grants and | 0008| gifts to carry out the purposes of the Vehicle Theft Act. | 0009| Section 6. POWER TO REFUND.-- | 0010| A. The authority may make determinations regarding | 0011| the sufficiency of payments made by an insurer of fees collected | 0012| pursuant to the Vehicle Theft Act. | 0013| B. Pursuant to a determination, the authority may: | 0014| (1) notify the secretary of finance and | 0015| administration that payments made by an insurer are sufficient; | 0016| and | 0017| (2) request the secretary of finance and | 0018| administration to draw warrants on the automobile theft | 0019| prevention fund for the purpose of refunding overpayments to an | 0020| insurer. | 0021| C. The authority shall make the determination | 0022| pursuant to Subsection B of this section as follows: | 0023| (1) the two members representing insurers shall | 0024| be disqualified from participation; and | 0025| (2) the remaining five members shall make the | 0001| determination by a simple majority vote. | 0002| D. Determinations made pursuant to this section | 0003| shall be performed in accordance with procedures set forth in | 0004| regulations adopted by the authority. | 0005| Section 7. PLAN OF OPERATION.-- | 0006| A. The authority shall develop and implement a plan | 0007| of operation. | 0008| B. The plan of operation shall include: | 0009| (1) an assessment of the scope of the problems | 0010| of vehicle theft, including identification of areas of the state | 0011| where the problems are greatest; | 0012| (2) an analysis of various methods of combating | 0013| the problems of vehicle theft; | 0014| (3) a plan for providing financial support to | 0015| combat vehicle theft; and | 0016| (4) an estimate of the funds required to | 0017| implement the plan of operation. | 0018| Section 8. VEHICLE THEFT PREVENTION FUND--CREATED.-- | 0019| A. The "vehicle theft prevention fund" is created in | 0020| the state treasury. | 0021| B. The state treasurer shall invest the fund in the | 0022| same manner as other state funds. | 0023| C. The state treasurer shall deposit to the credit | 0024| of the fund any gift or grant of money accepted by the authority | 0025| and all fees and other money collected pursuant to the Vehicle | 0001| Theft Act. The secretary of finance and administration shall | 0002| draw warrants on the fund pursuant to vouchers of the authority; | 0003| provided, warrants shall not exceed the balance in the fund. | 0004| D. Money in the fund and interest or income on the | 0005| fund shall be credited to the fund and shall not revert at the | 0006| end of any fiscal year. | 0007| E. Money credited to the fund is appropriated to and | 0008| shall be used by the authority to pay administrative costs and | 0009| to achieve the purposes of the Vehicle Theft Act. | 0010| Section 9. AUTOMOBILE REGISTRATION PROGRAM.-- | 0011| A. The authority shall develop a statewide motor | 0012| vehicle registration program to be administered by the | 0013| department. | 0014| B. The authority shall identify a period of the day | 0015| during which most motor vehicles are not used. The owner of a | 0016| motor vehicle who does not usually use the vehicle during that | 0017| period may register the vehicle with the department in | 0018| accordance with the program developed by the authority. | 0019| C. The authority shall develop a form for | 0020| registration of a motor vehicle under the program. The form | 0021| shall advise the owner of the vehicle of the provisions of | 0022| Subsection F of this section. A vehicle shall not be registered | 0023| under the program unless the owner consents to the provisions of | 0024| Subsection F of this section. | 0025| D. The program shall provide a method by which an | 0001| owner may withdraw a motor vehicle from the program. The | 0002| program shall not require owners to participate in the program. | 0003| E. The department shall issue to the owner of a | 0004| motor vehicle registered under this section a decal or other | 0005| appropriate identifying marker to be affixed to the vehicle to | 0006| indicate that it is registered with the program. | 0007| F. A peace officer who observes a registered motor | 0008| vehicle that is being operated during the period of the day | 0009| identified by the authority under Subsection B of this section | 0010| may stop the vehicle to determine whether it is being operated | 0011| by the owner or with the owner's permission. | 0012| G. The department shall adopt rules to administer | 0013| the program and shall adopt fees in an amount sufficient to | 0014| recover the cost of administering the program. Money collected | 0015| under this subsection shall be deposited in the fund. | 0016| Section 10. FEE.-- | 0017| A. Not later than April 1 of each year, each insurer | 0018| shall pay to the authority a fee equal to one dollar ($1.00) | 0019| multiplied by the total number of motor vehicle years of | 0020| insurance for insurance policies delivered, issued for delivery | 0021| or renewed by the insurer during the preceding calendar year. | 0022| B. Notwithstanding any other law to the contrary, | 0023| the fee imposed by this section is in addition to any other fee | 0024| or tax imposed by law on an insurer. | 0025| C. The authority shall notify the department of | 0001| insurance of any insurer that fails to pay the fee required by | 0002| this section. The department of insurance may for that reason | 0003| revoke the insurer's certificate of authority. | 0004| D. As used in this section, "motor vehicle years of | 0005| insurance" means the total number of years or portions of years | 0006| during which a motor vehicle is covered by insurance. | 0007| Section 11. PERFORMANCE REVIEW.-- | 0008| A. The authority shall determine the automobile | 0009| theft rate as of November 1 of each year. The authority shall | 0010| report the rate to the department, the governor and the | 0011| legislature on or before December 31 of each year. | 0012| B. As used this section, "automobile theft rate" | 0013| means the ratio of automobile thefts in this state to the number | 0014| of automobiles in this state. The ratio shall be based on | 0015| statistical information provided by the department. | 0016|  | 0017| | 0018| FORTY-SECOND LEGISLATURE | 0019| SECOND SESSION, 1996 | 0020| | 0021| | 0022| JANUARY 30, 1996 | 0023| | 0024| Mr. President: | 0025| | 0001| Your COMMITTEES' COMMITTEE, to whom has been referred | 0002| | 0003| SENATE BILL 518 | 0004| | 0005| has had it under consideration and finds same to be GERMANE, PRUSUANT | 0006| TO CONSTITUTIONAL PROVISIONS, and thence referred to the JUDICIARY | 0007| COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| SENATOR MANNY M. ARAGON, Chairman | 0016| | 0017| | 0018| | 0019| Adopted_______________________ Not Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| Date ________________________ | 0024| | 0025| | 0001| | 0002| S0518CC1 |