SB 107 — FINANCIAL RESPONSIBILITY ELECTRONIC EVIDENCE

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 107 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4 6 8 10 AN ACT RELATING TO MOTOR VEHICLES;

146 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 66-5-229 NMSA 1978 (being Laws 1978, e t 17 Chapter 35, Section 318, as amended) is amended to read:

w l n d 18 "66-5-229.

DURATION OF EVIDENCE--WHEN FILING OF EVIDENCE = = 19 MAY BE WAIVED.-- a l i a e r 20 A.

Except as provided in Subsection B of this a t m m 21 section, the department shall, upon request, consent to the d r e 22 immediate cancellation of any bond or the department shall c e s k 23 direct and the state treasurer shall return to the person e a n b 24 entitled [thereto ] to it any money deposited pursuant to the u [ Mandatory Financial Responsibility Act as evidence of financial .213841.1 SJC/SB 107 responsibility or the department shall waive the requirement of filing evidence of financial responsibility in any of the following events:

or SJC/SB 107 (3) the person who has filed evidence surrendersPage [his1 ]surrenders the person's license and registration to the department.

[Provided, however, that ] The department shall not consent to the cancellation of any bond or the return of any money or waive the requirement of filing evidence of financial responsibility in the event any action for damages upon a liability covered by the evidence is then pending or any e e 17 judgment upon any such liability is then unsatisfied or in the e e n d 18 event the person who has filed the bond or deposited the money = = l ] 19 has, within one year immediately preceding the request, been a l r i 20 involved as a driver or owner in any motor vehicle accident t e a t resulting in injury or damage to the person or property of m m 21 e d others.

An affidavit of the applicant as to the nonexistence r e 22 c e r c 23 of such facts or that [he ] the applicant has been released from e a n b 24 all of [his] the applicant's liability or has been finally u [ adjudicated not to be liable for such injury or damage shall be .213841.1 - 2 - SJC/SB 107 sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.

[Every ] An owner or operator of a vehicle subject to [the requirements of ] the Mandatory Financial Responsibility Act shall carry evidence of financial responsibility as defined by that act in the vehicle at all times while the vehicle is in operation on the highways of this state.

When financial responsibility is satisfied through coverage under a motor vehicle insurance policy, the SJC/SB 107 Page 2 owner's or operator's carrying of evidence in print or accessible through a portable electronic device is acceptable.

and e e 17 (2) is presumed not to consent to provide e e n d 18 access to a law enforcement officer to any other information = = l ] 19 stored in the portable electronic device.

a l r i 20 E.

The failure to comply with [this subsection t e a t shall be] Subsection C of this section is a misdemeanor [and m m 21 e d shall be] punishable [by the penalty] as set forth in Section r e 22 c e r c 23 66-8-7 NMSA 1978 [provided that no ] unless the person charged e a n b 24 with violating [this section shall be convicted if he ] that u [ subsection produces in court evidence of financial .213841.1 - 3 - SJC/SB 107 responsibility valid at the time of issuance of the citation." -SJC/SB 4107 -Page 43 625 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .213841.1