A. The "private investigations advisory board" is created.
B. The superintendent of regulation and licensing shall appoint members to the advisory board to assist in the conduct of the examination process for licensees and registrants and to assist the department in other manners as requested by the superintendent or provided for in rules of the department.
C. The advisory board members shall consist of at least the following:
(1) one private investigator;
(2) one private patrol operator;
(3) one polygraph examiner; and
(4) two members of the public.
D. Members of the advisory board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance for each day spent in the discharge of their duties.
E. The public members of the advisory board or their spouses shall not:
(1) have been licensed pursuant to the Private Investigations Act or any prior similar statutory provisions; or
(2) have a direct or indirect financial interest in a private investigation company, private patrol company, polygraph business or a related business.
History: Laws 2007, ch. 115, § 6; 2017, ch. 52, § 8.
Compiler's note. — Laws 2007, ch. 115, § 6 was enacted as a new section 61-27A-5.1 NMSA 1978. It has been codified by the compiler of the NMSA 1978 as a new section 61-27B-6 NMSA 1978. See the compiler's note following 61-27B-1 NMSA 1978.
Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.
The 2017 amendment, effective June 16, 2017, changed the composition of the private investigations advisory board, reducing the number of private investigators on the board and increasing the number of public members on the board; in Subsection C, in Paragraph C(1), after the paragraph designation, deleted "two" and added "one", and after "private", deleted "investigators" and added "investigator", in Paragraph C(4), after the paragraph designation, deleted "one member" and added "two members"; and in Subsection E, in the introductory clause, after "The public", deleted "member" and added "members", after "advisory board or", deleted "the public member's spouse" and added "their spouses", and in Paragraph E(1), after "Act", deleted "the Private Investigators and Polygraphers Act".
Temporary provisions. — Laws 2017, ch. 52, § 21, effective June 16, 2017, provided that in carrying out the statutory requirement to replace professional members with public members on the board of examiners for architects and the private investigations advisory board, the governor shall appoint a public member to replace the applicable professional member whose term first expires after the effective date of this act. If a vacancy occurs in an applicable professional member position prior to the expiration of that term, the governor shall appoint a public member, and that position shall become a public member position.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 27B - Private Investigations
Section 61-27B-1 - Short title. (Repealed effective July 1, 2024.)
Section 61-27B-2 - Definitions. (Repealed effective July 1, 2024.)
Section 61-27B-3 - License required. (Repealed effective July 1, 2024.)
Section 61-27B-4 - Persons exempted. (Repealed effective July 1, 2024.)
Section 61-27B-5 - Administration of act; rules. (Repealed effective July 1, 2024.)
Section 61-27B-7 - Requirements for licensure. (Repealed effective July 1, 2024.)
Section 61-27B-13 - Polygraph examiner. (Repealed effective July 1, 2024.)
Section 61-27B-15 - Security guard; levels of registration. (Repealed effective July 1, 2024.)
Section 61-27B-20 - Fees. (Repealed effective July 1, 2024.)
Section 61-27B-21 - License and registration renewal. (Repealed effective July 1, 2024.)
Section 61-27B-22 - Display of license; notification of changes. (Repealed effective July 1, 2024.)
Section 61-27B-24 - Bond required. (Repealed effective July 1, 2024.)
Section 61-27B-25 - Prohibited acts. (Repealed effective July 1, 2024.)
Section 61-27B-27 - Hearing; penalties. (Repealed effective July 1, 2024.)
Section 61-27B-28 - License not transferable. (Repealed effective July 1, 2024.)
Section 61-27B-29 - Local regulations. (Repealed effective July 1, 2024.)
Section 61-27B-30 - Fund established. (Repealed effective July 1, 2024.)
Section 61-27B-31 - Firearms. (Repealed effective July 1, 2024.)
Section 61-27B-32 - Penalties. (Repealed effective July 1, 2024.)
Section 61-27B-33 - Reciprocity. (Repealed effective July 1, 2024.)
Section 61-27B-34 - Background investigations. (Repealed effective July 1, 2024.)
Section 61-27B-35 - Temporary provision; transition.
Section 61-27B-36 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)