2020 New Mexico Statutes
Chapter 59A - Insurance Code
Article 16C - Insurance Fraud
Section 59A-16C-17 - Automobile theft prevention authority; created; board; powers; duties.

A. The "automobile theft prevention authority" is created in the office of superintendent of insurance. The automobile theft prevention authority shall be governed by a board of directors. The board shall consist of nine members as follows:

(1) the superintendent;

(2) the director of the administrative office of the district attorneys or the director's designee; and

(3) seven members appointed by the superintendent as follows:

(a) four representatives from different insurance companies who are authorized by the office of superintendent of insurance to issue motor vehicle insurance policies in New Mexico;

(b) two representatives from different law enforcement agencies; and

(c) a representative from the public.

B. Prior to August 1, 2018, the appointing authorities shall appoint all initial members of the board. Board members shall serve six-year terms; except that of the initial members representing insurance companies appointed to the board, the superintendent shall select one member whose initial term is four years and one member whose initial term is two years; and of the initial members representing law enforcement agencies appointed to the board, the superintendent shall select one member whose initial term is two years. The initial public member shall serve an initial term of four years.

C. No appointed member shall serve more than two terms. If a member fails to complete the member's term, the member shall be replaced as soon as practicable by the original appointing authority.

D. Board members shall serve without compensation.

E. The authority shall solicit, review and approve applications for grants to improve and support automobile theft prevention programs or programs for the enforcement or prosecution of automobile theft crimes. The authority shall give priority to applications representing multi-jurisdictional programs. Each application, at a minimum, shall describe the type of theft prevention, enforcement or prosecution program to be implemented.

F. In selecting grant recipients, when practicable, the authority shall award grants to law enforcement agencies.

G. The authority shall not require as a condition of the award of a grant that an agency or political subdivision provide other funding to operate an automobile theft prevention program or a program for the enforcement or prosecution of automobile theft crimes.

H. On or before December 1 of every year, a law enforcement agency that received a grant pursuant to this section in the previous twelve months shall submit a report to the authority concerning the implementation of the program funded through the grant.

I. On or before November 1 of every year, the authority shall report to the appropriate interim legislative committee on the implementation of the programs receiving grants pursuant to this section. The report to the committee shall include:

(1) the number and geographic jurisdiction of law enforcement agencies that received grants under the authority and the amount and duration of the grants;

(2) the change in the number of automobile thefts in areas of the state; and

(3) recommendations for legislative changes to assist in the prevention, enforcement and prosecution of automobile-theft-related criminal activities.

J. On or before November 1 of every year, the authority shall report to the legislative finance committee on the finances of the authority.

K. The authority may seek and receive grant funding from federal, state or local governments or private philanthropic organizations to defray the costs of operating automobile theft prevention programs or programs for the enforcement or prosecution of automobile theft crimes.

L. A law enforcement agency may apply for grants to assist in improving and supporting automobile theft prevention programs or programs for the enforcement or prosecution of automobile theft crimes through statewide planning and coordination.

History: Laws 2018, ch. 42, § 2.

Emergency clauses. — Laws 2018, ch. 42, § 5 contained an emergency clause and was approved March 1, 2018.