February 16, 2001

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 401

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 12 between "CONSTRUCTION" and "ZONE" insert "OR OTHER SAFETY".

2. On page 1, between lines 14 and 15, insert the following new section:

"Section 1. Section 66-7-301 NMSA 1978 (being Laws 1978, Chapter 35, Section 405, as amended) is amended to read:

"66-7-301. SPEED REGULATION.--

A. No person shall drive a vehicle on a highway at a speed greater than:

(1) fifteen miles per hour on all highways when passing a school while children are going to or leaving school and when the school zone is properly posted;

(2) thirty miles per hour in any business or residence district;

(3) seventy-five miles per hour; and

(4) the posted speed limit in construction zones, or other safety zones, as designated by the department, provided that the posted speed limit shall be determined by an engineering study performed by the state highway and transportation department.

B. In every event, speed shall be so controlled by the driver as may be necessary:

(1) to avoid colliding with any person, vehicle or other conveyance on or entering the highway;

(2) to comply with legal requirements as may be established by the state highway and transportation department or the New Mexico state police division of the department of public safety and the duty of all persons to use due care; and

(3) to protect workers in a construction zone.

C. The speed limits set forth in Subsection A of this section may be altered as authorized in Section 66-7-303 NMSA 1978."".

3. Renumber the succeeding section accordingly.

Respectfully submitted,

W. Ken Martinez, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 9 For 0 Against

Yes: 9

Excused: Martinez, Thompson

Absent: None

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