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--- version:introduced version+++ version:(document, no version)@@ -1,185 +1,105 @@-SENATE BILL 91+Fiscal impact reports (FIRs) are prepared by the Le gislative Finance Committee (LFC) for standing finance+committees of the Legislature. LFC does not assume responsibility for th e accuracy of these reports if they+are used for other purposes.-57th legislature - STATE OF NEW MEXICO - second session, 2026+F I S C A L I M P A C T R E P O R T-INTRODUCED BY+BILL NUMBER: Senate Bill 91+SHORT TITLE: Traffic Violation Penalties+SPONSOR: Berghmans+LAST+UPDATE:+ ORIGINAL+DATE:-Heather Berghmans and Antoinette Sedillo Lopez+1/28/2026-AN ACT+ANALYST: Francis-RELATING TO MUNICIPAL PENALTIES; PROVIDING THAT MUNICIPALITIES-SHALL RETAIN THE TOTAL AMOUNT OF ASSESSED PENALTIES AND FINES-FOR NUISANCE VIOLATIONS FOR FAILING TO OBEY A TRAFFIC SIGN OR-SIGNAL OR SPEEDING OFFENSES.+REVENUE*+(dollars in thousands)+Type FY26 FY27 FY28 FY29 FY30 Recurring or+Nonrecurring+Fund+Affected+Traffic+Violations+Choose an+item. ($4,985.5) ($5,242.2) ($5,511.6) ($5,794.9) Recurring General fund+Traffic+Violations+Choose an+item. $$4,985.5 $5,242.2 $5,511.6 $5,794.9 Recurring Local+Government+Parentheses indicate revenue decreases.+*Amounts reflect most recent analysis of this legislation.-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:+Sources of Information- SECTION 1. Section 3-18-17 NMSA 1978 (being Laws 1965,-Chapter 300, Section 14-17-14, as amended) is amended to read:+LFC Files- "3-18-17. NUISANCES AND OFFENSES--REGULATION OR-PROHIBITION.--A municipality, including a home rule-municipality that has adopted a charter pursuant to Article 10,-Section 6 of the constitution of New Mexico, may by ordinance:+Agency or Agencies Providing Analysis+NM Department of Justice+Administrative Office of the Courts- A. define a nuisance, abate a nuisance and impose-penalties upon a person who creates or allows a nuisance to-exist; provided that:+Agency or Agencies That Were Asked for Analysis but did not Respond+Department of Finance and Administration- (1) the total amount of assessed penalties and-fines imposed by an ordinance for failure to obey a traffic-sign or signal, including a red light offense or violation, or-for a speeding offense or violation shall not exceed one-hundred dollars ($100), provided that the total for unlawful-parking in a space or for blocking an access intended for-persons with significant mobility limitation shall not be less-than or exceed the fines provided in Section 66-7-352.5 NMSA-1978;+SUMMARY- (2) no fees or costs shall be imposed pursuant-to this subsection;+Synopsis of Senate Bill 91- (3) in a municipality with a population of two-hundred thousand or greater as of the last federal decennial-census, the penalties, fines and procedures imposed for failure-to obey a traffic sign or signal, including a red light offense-or violation, or for a speeding offense or violation shall be-subject to the following:+Senate Bill 91 (SB91) changes the distribution of municipal-administered traffic violation fines.+Under current law, the distribution of receipts net of collection and administration costs of the+fines associated with failure to obey a traffic sign or signal or speedin g are distributed equally+between the municipality and the general fund. Under SB91, the municipality retains all of the+proceeds.- [(a) each month, or other period set by-contract, the municipality shall retain from the gross total-amount of penalties and fines assessed and collected that month-or period an amount subject to audit that is equal to the sum-of the setup, maintenance, support and processing services fees-charged to the municipality for that month or period pursuant-to contractual terms by a vendor providing systems and services-that assist the municipality in imposing penalties or fines as-provided in Paragraph (1) of this subsection;+The effective date of this bill is July 1, 2026.- (b) less the retention authorized in-Subparagraph (a) of this paragraph: 1) one-half of the net-total amount assessed and collected by the municipality-pursuant to this section shall be remitted to the state-treasurer and distributed to the general fund; and 2) one-half]+FISCAL IMPLICATIONS- (a) the total amount of penalties and-fines assessed by the municipality shall be retained by the-municipality for municipal traffic safety programs and to-offset the municipality's reasonable costs directly related to-administering a program as provided in Paragraph (1) of this-subsection;+According to the NM Department of Financ e and Administration (DFA) State General Fund+Senate Bill 91 – Page 2- [(c) the municipality shall cause an-audit of the program and contract described in Subparagraph (a)-of this paragraph to be conducted by the state auditor or an-independent auditor selected by the state auditor;+Audits, the average distribution to the general fund for code 461502- Traffic Violations averages+about $4 million annually.- (d) if in the audit conducted pursuant-to Subparagraph (c) of this paragraph it is determined that any-amount retained by the municipality pursuant to this paragraph-is in excess of the amount the municipality is authorized to-retain, the municipality shall remit, when the audit is-finalized, the amount in excess to the state treasurer to be-distributed and transferred as provided in Item 1) of-Subparagraph (b) of this paragraph]; and+State General Fund Audit | New Mexico Department of Finance and Administration- [(e)] (b) a respondent may select a-hearing to contest a nuisance ordinance offense or violation-that shall either be conducted by a hearing officer appointed-by the presiding judge of the civil division of the district-court with jurisdiction over the municipality and in accordance-with the rules of evidence and rules of civil procedure for the-district courts or that shall be conducted by a mail-in form-alternative. The notice of violation shall clearly explain the-process for requesting a hearing, the hearing options, the-deadline to request a hearing and where the request shall be-submitted. The burden of proof for violations is on the-municipality and is a preponderance of the evidence. A-determination by the hearing officer shall not impose a total-amount of penalties or fines in excess of that provided in the-nuisance ordinance; and+ 2021 2022 2023 2024 2025+461502+Traffic Violation+Fees- (4) in a municipality other than a-municipality with a population of two hundred thousand or-greater as of the last federal decennial census, the penalties,-fines and procedure imposed for failure to obey a traffic sign-or signal, including a red light offense or violation, or for a-speeding offense or violation shall be subject to the-following:+3,690,912- (a) [each month, or other period set by-contract, the municipality shall retain from the gross total-amount of penalties and fines assessed and collected that month-or period an amount subject to audit that is equal to the sum-of the setup, maintenance, support and processing services fees-charged to the municipality for that month or period pursuant-to contractual terms by a vendor providing systems and services-that assist the municipality in imposing penalties or fines as-provided in Paragraph (1) of this subsection;+3,600,181- (b) less the retention authorized in-Subparagraph (a) of this paragraph: 1) one-half of the net-total amount assessed and collected by the municipality-pursuant to this section shall be remitted to the state-treasurer and distributed to the general fund; and 2) one-half]-the total amount of penalties and fines assessed by the-municipality shall be retained by the municipality for-municipal traffic safety programs and to offset the-municipality's reasonable costs directly related to-administering a program as provided in Paragraph (1) of this-subsection+3,669,338- [(c) the municipality shall cause an-audit of the program and contract described in Subparagraph (a)-of this paragraph to be conducted by the state auditor or an-independent auditor selected by the state auditor;+3,902,644- (d) if in the audit conducted pursuant-to Subparagraph (c) of this paragraph it is determined that any-amount retained by the municipality pursuant to this paragraph-is in excess of the amount the municipality is authorized to-retain, the municipality shall remit, when the audit is-finalized, the amount in excess to the state treasurer to be-distributed and transferred as provided in Item 1) of-Subparagraph (b) of this paragraph]; and+4,510,303- [(e)] (b) a hearing provided for a-contested nuisance ordinance offense or violation shall be-conducted by a hearing officer appointed by the presiding judge-of the civil division of the district court with jurisdiction-over the municipality and in accordance with the rules of-evidence and rules of civil procedure for the district courts.-If offered by the municipality, a respondent may select a-hearing conducted by a mail-in form alternative. The notice of-violation shall clearly explain the process for requesting a-hearing, the hearing options, the deadline to request a hearing-and where the request shall be submitted. The burden of proof-for violations is on the municipality and is a preponderance of-the evidence. A determination by the hearing officer shall not-impose a total amount of penalties or fines in excess of that-provided in the nuisance ordinance;+Average growth over the period is 5.1 percent which is used to project the 2025 amount forward.+These amounts will no longer be transferred to the general fund from the municipalities.- B. regulate or prohibit any amusement or practice-that tends to annoy persons on a street or public ground; and+SIGNIFICANT ISSUES- C. prohibit and suppress:+The Administrative Office of the Courts provi des context for the fiscal impact, noting+Albuquerque alone provides much of revenue, generating “$4–6 million in red light/speeding+fines yearly, with half ($2–3 million) currently remitted to the state.”- (1) gambling and the use of fraudulent devices-or practices for the purpose of obtaining money or property;+PERFORMANCE IMPLICATIONS- (2) the sale, possession or exhibition of-obscene or immoral publications, prints, pictures or-illustrations;+As a result of SB91, the state wi ll no longer receive audit reports on the amounts generated by+traffic violations, a requirement to ensure the appr opriate amount of fines were distributed to the+general fund.- (3) public intoxication;+NM Department of Justice raises concerns th at “the amended statut e would no longer contain+any external verification mechanism to ensure the retained revenues are used only for traffic+safety programs, as required by Section 3-18-17(A)(3)(b), (A)(4 )(b), or reasonable+administrative costs (same).”- (4) disorderly conduct; and-- (5) riots, noises, disturbances or disorderly-assemblies in any public or private place."-- SECTION 2. EFFECTIVE DATE.--The effective date of the-provisions of this act is July 1, 2026.--- 7 -+NF/cf/rl
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