A. The organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-19-6 NMSA 1978. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
B. The New Mexico state police division shall consist of the commissioned officers and civilian personnel of the New Mexico state police and such other personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The New Mexico state police division shall also include:
(1) the special investigations unit, which shall consist of the enforcement personnel of the former special investigations division and civilian personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The unit is responsible for the enforcement of the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26 NMSA 1978] and the Liquor Control Act [60-3A-1 NMSA 1978];
(2) the training and recruiting bureau, which shall consist of the personnel of the New Mexico state police training division and all civilian personnel and functions of the department as the secretary may transfer to the bureau;
(3) the motor transportation police bureau, which shall consist of the enforcement and civilian personnel of the former motor transportation division. The bureau is responsible for enforcing the Motor Carrier Act [65-2A-1 to 65-2A-41 NMSA 1978], the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978, except 66-7-102.1 NMSA 1978] and the Criminal Code [Chapter 30 NMSA 1978]; and
(4) civilian employees of the former motor transportation division or the former special investigations division, who shall be subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
C. The New Mexico law enforcement academy shall consist of personnel of the New Mexico law enforcement academy and such other functions as the secretary may transfer to it.
D. The technical support division shall consist of functions such as crime laboratory and records.
E. The administrative services division shall consist of the administrative services as the secretary deems necessary.
F. The information technology division shall consist of such functions as computer and technology support as the secretary deems necessary.
History: 1978 Comp., § 9-18-7, enacted by Laws 1987, ch. 254, § 7; 1989, ch. 204, § 6; 2007, ch. 291, § 8; 2015, ch. 3, § 3.
ANNOTATIONSCross references. — For the Liquor Control Act, see 60-3A-1 NMSA 1978 and notes thereto.
The 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by placing the special investigations division, the training and recruiting division, and the motor transportation division as bureaus under the New Mexico state police division of the department of public safety, and by clarifying the functions of other divisions within the department of public safety; in the introductory paragraph of Subsection B, after "personnel", deleted "including all communications equipment operators" and after the second occurrence of "New Mexico state police", deleted "uniform division and the commissioned officers and civilian personnel of the New Mexico state police criminal division", and added the last sentence; redesignated Subsection C as Paragraph 1 of Subsection B; in the first sentence of Subsection B, Paragraph 1, after the first occurrence of "special investigations", deleted "division" and added "unit, which", after "personnel of the", deleted "department of alcoholic beverage control" and added "former special investigations division", after "division", deleted "such other" and added "and civilian", in the second sentence of Subsection B, Paragraph 1, deleted "division" and added "unit", and added "New Mexico" to the "Bingo and Raffle Act"; added Paragraphs 2 through 4 of Subsection B; added a new Subsection C relating to the New Mexico law enforcement academy; in Subsection D, after "such as", deleted "communications"; deleted former Subsection E and redesignated former Subsection F as the new Subsection E; in Subsection E, after the second occurrence of "services", deleted "and services divisions of the New Mexico state police and those administrative support personnel of the other existing departments, divisions or offices"; and added a new Subsection F relating to the information technology division.
Temporary provisions. — Laws 2015, ch. 3, § 43 provided:
On July 1, 2015:
A. all personnel, appropriations, money, records, equipment, supplies and other property of the special investigations and motor transportation divisions of the department of public safety shall be transferred to the New Mexico state police division of the department of public safety;
B. all contracts pertaining to the special investigations and motor transportation divisions of the department of public safety shall be binding and effective on the department of public safety; and
C. all references in law to the special investigations or motor transportation division of the department of public safety shall be deemed to refer to the New Mexico state police division of the department of public safety.
Laws 2015, ch. 3, § 44 provided:
On July 1, 2015:
A. all personnel, appropriations, money, records, equipment, supplies and other property of the training and recruiting division of the department of public safety shall be transferred to the New Mexico law enforcement academy division of the department of public safety;
B. all contracts pertaining to the training and recruiting division of the department of public safety shall be binding and effective on the New Mexico law enforcement academy division of the department of public safety; and
C. all references in law to the training and recruiting division of the department of public safety shall be deemed to refer to the New Mexico law enforcement academy division of the department of public safety.
The 2007 amendment, effective July 1, 2007, eliminated the staff of the governor's organized crime prevention commission as a part of the special investigations division, and in Subsection D, provided that the technical support division shall perform functions such as communications, crime laboratory and records.