Skeletons

2008 Traffic Safety Legislation Tracker: Bills that passed

Bills that did not pass     //   Go to the NM Legislature website

Number Sponsor Title
House Bills
HB 100 W.Ken Martinez IGNITION INTERLOCK TAMPERING PENALTIES:

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING PENALTIES FOR TAMPERING WITH AN IGNITION INTERLOCK DEVICE; DECLARING AN EMERGENCY.

A vehicle operator who disconnects or otherwise tampers with an interlock when it's required by law is now subject to the same penalties as those for driving while revoked for DWI. Signed (Feb. 29) Chapter 67, effective immediately.

HB 215 Roberto Gonzales ELIMINATE COMMERCIAL DRIVER'S LICENSE WAIVERS:

HB-215 eliminates the Motor Vehicle Division’s (MVDs) authority to waive the commercial driver’s license test even when the applicant complies with other provisions of the Commercial Driver’s License Act. The bill expands the Department’s authority to disqualify persons from driving a commercial motor vehicle if the individual is required to hold a commercial driver’s license. The Department is also allowed to disqualify a person from driving a commercial motor vehicle for a period of not more than one year if the person is convicted of a first violation of an out-of-service order. This legislation also reconciles multiple amendments to Section 66-8-102 made in 2007 (Analysis from the LFC's Fiscal Impact Report.)
Signed (Feb. 29, Chapter 72, effective July 1, 2008)
Senate Bills
SB 164  

Additional local Liquor Tax Counties: RELATING TO TAXATION; AUTHORIZING ADDITIONAL COUNTIES TO IMPOSE THE LOCAL LIQUOR EXCISE TAX PURSUANT TO THE LOCAL LIQUOR EXCISE TAX ACT.

This bill outlines a formula that will provide a monthly distribution of $20,750 to the City of Farmington to be used for alcohol treatment and rehabilitation services for street inebriates. The formula only applies to Farmington, as follows:

"...($20,750) monthly from the net receipts attributable to the liquor excise tax shall be made to a municipality that is located in a class A county and that has a population according to the most recent federal decennial census of more than thirty thousand but less than sixty thousand. The distribution pursuant to this subsection shall be used by the municipality only for the provision of alcohol treatment and rehabilitation services for street inebriates."

Signed (Mar.5) Chapter 93, effective July 1, 2009.

SB 442 Michael Sanchez

RELATING TO TRAFFIC OFFENSES; LIMITING THE AMOUNT OF CERTAIN FINES AND FEES IMPOSED BY MUNICIPALITIES FOR CERTAIN OFFENSES; CREATING THE METROPOLITAN COURT BOND GUARANTEE FUND; MAKING AN APPROPRIATION FOR STATEWIDE EFFORTS TO PREVENT OR REDUCE INCIDENTS OF DRIVING WHILE INTOXICATED.

Senate Bill 442 amended the nuisance abatement provisions set forth in Section 3-18-17 NMSA 1978 by providing, with respect to any municipality (including a home rule municipality), penalties or fines and costs or fees imposed by an ordinance for failure to obey a traffic sign or signal (including a red light violation) or for a speeding offense or violation shall be limited as follows:

• the total amount of the assessed fines, fees and costs shall not exceed $75.00.

• After the municipality has subtracted out what it costs to set up, maintain and support the program, the assessed fines, fees and costs shall be distributed to the AOC, as follows:

    • 10% shall be credited to DWI drug court programs; and
    • 90% shall be transferred to the New Mexico finance authority for deposit into the metropolitan court bond guarantee fund.

  • Once the metropolitan court bond guarantee fund has been retired, the funds will be transferred to the Traffic Safety Bureau to spend on statewide efforts to prevent or reduce DWI.

Signed (Mar.5) Chapter 91, effective July 1, 2008.