Summary:

 Senate Bill 91 (SB 91):  This act addresses the enforcement of municipal penalty assessment programs, particularly concerning the collection of unpaid penalties for speeding violations detected by automated cameras or devices.  

Legislation Overview:

 Senate Bill 91 (SB 91):  Usage of Uniform Traffic Citation: All state and local agencies are required to use the uniform traffic citation, either in paper or electronic form, for enforcing motor vehicle-related laws and ordinances. Municipalities are permitted to establish their own penalty assessment programs similar to the state program for motor vehicle code violations.

Municipal Penalty Assessment Program: Municipalities that establish a penalty assessment program are required to add a $10 fee to each penalty assessment misdemeanor, with the funds designated for specific municipal uses such as jailer training and jail maintenance. The funds collected from penalties must be processed and managed by the municipal court and deposited into the municipal treasury.

Restrictions on Automated Violation Detection: Municipalities that use automated cameras or devices to detect speeding are subject to several restrictions:

a)	Penalties for violations detected by automated systems cannot exceed those outlined in the state motor vehicle code.
b)	Municipalities cannot use private entities or collections agencies to collect unpaid penalties related to these automated detections.
c)	They are prohibited from reporting unpaid fines to credit reporting agencies.
d)	Vehicles cannot be impounded solely on the basis of nonpayment of penalties from automated speeding violations.
e)	The municipality cannot pay third-party administrators a commission based on the number of penalties issued.

Definitions and Other Provisions: The act defines terms such as "credit reporting agency" and outlines procedures for managing excess funds in small municipalities, allowing them to transfer unused amounts to the general fund if they exceed projected needs.
 

Current Law:

 Temporary provisions. — Laws 2013, ch. 197, § 5 provided that the department of 
public safety and the motor vehicle division of the taxation and revenue department 
shall develop procedures to carry out the provisions of Laws 2013, ch. 197, §§ 1 to 4.   

Amendments:

 Amended February 11, 2025 in STBTC

STBTCa/SB 91:  Restrictions on Municipalities Using Private Collection Methods for Automated Speeding Penalties:
This bill amends Section 66-8-130 NMSA 1978 to prohibit municipalities that have adopted a local penalty assessment program from using various private collection or enforcement methods to collect unpaid penalties for speeding violations detected by automated cameras or devices. Below is an overview of the key points:
1. Municipal Penalty Assessment Programs
a.	Under current law, municipalities may establish their own penalty assessment programs for traffic violations (similar to those in state statute).
b.	Those programs allow municipalities to process and collect penalties locally, with funds typically used for municipal jails or related expenses.
2. Use of Automated Cameras or Devices
a.	The bill allows municipalities to continue using automated cameras or devices to detect speeding violations under their penalty assessment programs.
3. Prohibited Collection Actions
a.	A municipality may not:
b.	Exceed State Penalties: Impose penalties greater than what state law (Sections 66-8-116 through 66-8-117 NMSA 1978) allows.
c.	Use Private Debt Collectors: Hire a collections agency or private entity to collect unpaid penalties for speed violations captured by automated cameras.
d.	Report Unpaid Fines to Credit Bureaus: Report (or allow a third-party administrator to report) unpaid camera-detected fines to a credit reporting agency.
e.	Impound Vehicles: Impound a vehicle solely based on nonpayment of a penalty from an automated camera violation.
f.	Pay Commissions: Pay a third-party administrator a commission tied to the number of penalty assessments for automated camera violations.
4. Purpose and Impact
a.	The legislation limits how local governments can enforce or collect unpaid fines from automated speeding tickets.
b.	It protects vehicle owners from punitive measures such as vehicle impoundment or credit damage stemming from automated camera fines.
c.	Municipalities will remain free to issue automated speeding citations but must collect those penalties without resorting to private debt collection or commission-based contracts.
If enacted, municipalities in New Mexico that use automated speed enforcement cannot enlist private collectors or leverage credit reporting/vehicle impoundment solely for unpaid camera-detected speeding tickets. This ensures uniformity in penalty assessment amounts and collection methods, keeping enforcement in public rather than private hands.