SB 47 — DRIVER’S LICENSE SUSPENSION PENALTIES

SENATEAN BILLACT 47RELATING 56THTO LEGISLATUREDRIVER'S -LICENSES; STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Peter Wirth and Christine Chandler and Crystal R.

DiamondCHANGING ThisTHE documentPENALTIES mayFOR incorporateTHE amendmentsSUSPENSION proposedOF byA aDRIVER'S committee,LICENSE. but not yet adopted, as well as amendments that have been adopted during the current legislative session.

The5 documentBE isIT aENACTED toolBY toTHE showLEGISLATURE amendmentsOF inTHE contextSTATE andOF cannotNEW beMEXICO: used for the purpose of adding amendments to legislation.

hSECTION AN1. ACT g o RELATING TO DRIVER'S LICENSES;

CHANGINGSection THE66-5-26 PENALTIESNMSA FOR1978 THE(being tLaws hr1978, gChapter e35, iSection k248, SUSPENSIONas OFamended) Ais DRIVER'Samended LICENSE.to read:

h"66-5-26. r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

eSUSPENDING uRESIDENT'S gLICENSE--AUTOMATIC eREINSTATEMENT bWITHOUT lFEE.-- eA. e h SECTION 1.

Section 66-5-26 NMSA 1978 (being Laws 1978, n d d i = = o h Chapter 35, Section 248, as amended) is amended to read:

l ] b ,d i a º e "66-5-26.

SUSPENDING RESIDENT'S LICENSE [CONVICTION r i = r t e w d m a n o FAILURE TO APPEAR--FAILURE TO PAY IN ANOTHER STATE OR TRIBAL d m :

b e d s º o t n = .223231.2AIC January 26, 2023 (11:10am) s k m e e a n e d r e l u [ A d JURISDICTION]--AUTOMATIC REINSTATEMENT WITHOUT FEE.-- A.

[B.B.

InA addition,person thewhose divisiondriver's is authorized to suspend the license ofwas asuspended residentsolely offor thisnonpayment state, or thefailure privilege of a nonresident to driveappear aand motorwho vehicleis inotherwise thiseligible state, upon receiving notice of failure to appeardrive orshall payhave athe penaltyperson's assessmentdriver's imposedlicense byreinstated aand tribeshall ornot imposedbe inrequired anotherto statepay that is a signatoryreinstatement offee. the Nonresident Violator Compact with New Mexico.] B.

ANo personlater whosethan driver'sSeptember license1, was2023, suspendedthe solelydivision forshall, nonpaymentwithout orrequiring failurea toreinstatement appearfee, andreinstate whothe isdriver's otherwiselicense hor eligiblenonresident tooperating driveprivilege SJCºmay»SJCof SJCºshall»SJCevery haveperson thewhose person'slicense uor »nonresident roperating tprivilege his driver'ssuspended licensesolely reinstatedfor andnonpayment shallor notSB be47 requiredPage 1 failure to payappear aand gwho eis lotherwise ieligible reinstatementto fee.drive." SECTION 2.

NoSection later66-5-30 thanNMSA September1978 1,(being 2023,Laws the1978, hChapter r35, iSection s252, divisionas shall,amended) without requiring a reinstatement fee, h , e h t u g reinstate the driver's license or nonresident operating e b l e e , gh privilege of every person whose license or nonresident n d d i = = o h operating privilege is suspendedamended solely for nonpayment or l ] b ,d i a º r e r = failure to appearread: and who is otherwise eligible to drive." t e w d m a n o SECTION 2.

Section 66-5-30 NMSA 1978 (being Laws 1978, d m :

b r e t º o t n = .223231.2AIC January 26, 2023 (11:10am) s k m e -2- e a n e d r e l u [ A d Chapter 35, Section 252, as amended) is amended to read:

(3) has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard h g for the safety of other persons on the highways;

o t hr (4) is an habitually reckless or negligent g e i k driver of a motor vehicle;

h r i s (5) is incompetent to drive a motor vehicle;

h , t, e u g (6) has permitted an unlawful or fraudulent eSB b47 lPage e2 e h use of the license;

n d d i = = o h (7) has been convicted of an offense in l ] b ,d i a º e r i = r another state or tribal jurisdiction that if committed within t e w d m a n o this state's jurisdiction would be grounds for suspension or drevocation mof :the license;

b e d s º o t n = .223231.2AIC January 26, 2023 (11:10am) s k m e -3- e a n e d r e l u [ A d revocation of the license;

The division may issue an administrative suspension of the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to [(1)comply fulfillwith athe signedterms promiseof toa appearcitation orissued notice to appear in courta asforeign evidencedjurisdiction bythat noticeis from a stateparty courtto orthe tribalNonresident court,Violator wheneverCompact appearanceand isthat requiredhas bynotified law h or by the courtdepartment as a consequence of a charge or conviction u » r t h under the Motorfailure Vehiclein Codeaccordance orwith pursuant to the lawsNonresident ofViolator theCompact. g e l i tribe;

hC. r i s (2) pay a penalty assessment within thirty h , e h t u g days of the date of issuance by the state or a tribe;

orIf ea bperson lwhose elicense ewas ,issued ghby (3)] comply with the terms of a citationSB issued47 nPage d3 djurisdiction ioutside =New =Mexico o h in a foreign jurisdiction that is a party to the Nonresident lViolator ]Compact bfails ,dto icomply awith ºthe rterms Violatorof Compacta andcitation thatissued hasin notifiedNew Mexico, the department ofshall thenotify ethat rother =jurisdiction tof ethe wfailure dand mthat jurisdiction may initiate a nlicense osuspension failureaction in accordance with the provisions of Article IV of the Nonresident Violator Compact.

d m :

b r e t º o t n = .223231.2AIC January 26, 2023 (11:10am) s k m e -4- e a n e d r e l u [ A d C.

If a person whose license was issued by a jurisdiction outside New Mexico that is a party to the Nonresident Violator Compact fails to comply with the terms of a citation issued in New Mexico, the department shall notify that other jurisdiction of the failure and that jurisdiction [shall ] may initiate a license suspension action in accordance with the provisions of Article IV of the Nonresident Violator Compact.

The administrative hearings office shall schedule the hearing to take place as early as practicable, but [within no more] not later than twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request.

The h g hearing shall be held in the county in which the licensee o t hr resides unless the hearing officer and the licensee agree that g e i k the hearing may be held in some other county;

provided that the h r i s hearing request is received within twenty days from the date h , t, e u g that the suspension was deposited in the United States mail.

e b l e e h The hearing officer may, in the hearing officer's discretion, n d d i = = o h extend the twenty-day period.

The hearing shall be held as l ] b ,d i a º e r i = r provided in the Administrative Hearings Office Act.

After the thearing, ethe whearing dofficer mSB a47 nPage o4 hearing,shall either rescind the hearingorder officerof shallsuspension eitheror rescindcontinue, modify or extend the ordersuspension of dthe mlicense :or revoke the license." SECTION 3.

b e d s º o t n = .223231.2AIC January 26, 2023 (11:10am) s k m e -5- e a n e d r e l u [ A d suspension or continue, modify or extend the suspension of the license or revoke the license." SECTION 3.

The division shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted under [Subsection C of this section and ] Sections 60-7B-1, 66-5-5, 66-5-39 and 66-5-39.1 NMSA 1978.

Except as provided in the Ignition Interlock Licensing Act, a person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of the periods specified in Subsections B and C of Section 66-5-29 NMSA 1978 h from the date on which the revoked license was surrendered to u » r t h and received by the division, the person may make application g e l i for a new license as provided by law.law.” SB 47 Page 5 25

h r i s [C.

The suspension period for failure to appear or h , e h t u g failure to remit the penalty assessment shall, at the e b l e e , gh discretion of the director, be extended indefinitely subject to n d d i = = o h the provisions of Subsection B of Section 66-5-30 NMSA 1978.]" l ] b ,d i a º r e r = -6- t e w d m a n o d m :