TRAFFIC VIOLATION PENALTIES

SB0091

SENATE BILL 91

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

INTRODUCED BY

Heather Berghmans
and
Antoinette Sedillo Lopez

AN ACT

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.

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

SECTION 1.
Section 3-18-17 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-17-14, as amended) is amended to read:

"3-18-17. NUISANCES AND OFFENSES--REGULATION OR
PROHIBITION.--A municipality, including a home rule
municipality that has adopted a charter pursuant to Article 10,
Section 6 of the constitution of New Mexico, may by ordinance:

A. define a nuisance, abate a nuisance and impose
penalties upon a person who creates or allows a nuisance to
exist; provided that:

(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;

(2) no fees or costs shall be imposed pursuant
to this subsection;

(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:

[
(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;

(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
]

(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;

[
(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;

(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

[
(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

(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:

(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;

(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

[
(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;

(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

[
(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;

B. regulate or prohibit any amusement or practice
that tends to annoy persons on a street or public ground; and

C. prohibit and suppress:

(1) gambling and the use of fraudulent devices
or practices for the purpose of obtaining money or property;

(2) the sale, possession or exhibition of
obscene or immoral publications, prints, pictures or
illustrations;

(3) public intoxication;

(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.

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