HB0148PA1

FIFTY-SECOND LEGISLATUREHB 148/a

FIRST SESSION, 2015

March 10, 2015

Mr. President:

Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE HEALTH COMMITTEE SUBSTITUTE FOR

HOUSE BILL 148

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

1. On pages 1 through 3, strike Section 1 in its entirety and insert in lieu thereof the following sections:

"SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] SMOKING PROHIBITED--VEHICLE WHERE CHILD PRESENT.--

A. It is unlawful for a person to smoke in any motor vehicle when a child is present in the vehicle.

B. As used in this section:

(1) "child" means an individual who is thirteen years of age or younger;

(2) "electronic smoking device" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person for smoking through inhalation of vapor or aerosol from the product. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed or sold as an "e-cigarette",

"e-cigar", "e-pipe", "e-hookah" or "vape pen" or under any other product name or descriptor;

(3) "motor vehicle" means a self-propelled device in, upon or by which any person or property is transported upon land; and

(4) "smoking" means:

(a) inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, including a hookah or marijuana, whether natural or synthetic, in any manner or in any form;

(b) using an electronic smoking device that creates an aerosol or vapor, in any manner or form; or

(c) using any oral smoking device for the purpose of circumventing the prohibition of smoking established pursuant to this 2015 act."

SECTION 2. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read:

"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

A. As used in the Motor Vehicle Code, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D and E of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Improper display of

registration plate 66-3-18 $ 25.00

Failure to notify of

change of name or address 66-3-23 25.00

Lost or damaged registration,

plate or title 66-3-24 20.00

Permitting unauthorized

minor to drive 66-5-40 50.00

Permitting unauthorized

person to drive 66-5-41 25.00

Failure to obey sign 66-7-104 10.00

Failure to obey signal 66-7-105 10.00

Speeding 66-7-301

(1) up to and including

ten miles an hour

over the speed limit 15.00

(2) from eleven up to

and including fifteen

miles an hour

over the speed limit 30.00

(3) from sixteen up to

and including twenty

miles an hour over the

speed limit 65.00

(4) from twenty-one up to

and including twenty-five

miles an hour

over the speed limit 100.00

(5) from twenty-six up to

and including thirty

miles an hour over the

speed limit 125.00

(6) from thirty-one up to

and including thirty-five

miles an hour over the

speed limit 150.00

(7) more than thirty-five

miles an hour over the

speed limit 200.00

Unfastened safety belt 66-7-372 25.00

Child not in restraint device

or seat belt 66-7-369 25.00

Minimum speed 66-7-305 10.00

Speeding 66-7-306 15.00

Improper starting 66-7-324 10.00

Improper backing 66-7-354 10.00

Improper lane 66-7-308 10.00

Improper lane 66-7-313 10.00

Improper lane 66-7-316 10.00

Improper lane 66-7-317 10.00

Improper lane 66-7-319 10.00

Improper passing 66-7-309 through 66-7-312 10.00

Improper passing 66-7-315 10.00

Controlled access

violation 66-7-320 10.00

Controlled access

violation 66-7-321 10.00

Improper turning 66-7-322 10.00

Improper turning 66-7-323 10.00

Improper turning 66-7-325 10.00

Following too closely 66-7-318 10.00

Failure to yield 66-7-328 through 66-7-331 10.00

Failure to yield 66-7-332 50.00

Failure to yield 66-7-332.1 25.00

Pedestrian violation 66-7-333 10.00

Pedestrian violation 66-7-340 10.00

Failure to stop 66-7-342 and 66-7-344

through 66-7-346 10.00

Railroad-highway grade

crossing violation 66-7-341 and 66-7-343 150.00

Passing school bus 66-7-347 100.00

Failure to signal 66-7-325 through 66-7-327 10.00

Failure to secure load 66-7-407 100.00

Operation without oversize-

overweight permit 66-7-413 50.00

Transport of reducible

load with special

permit more than six miles

from a border crossing 66-7-413 100.00

Improper equipment 66-3-801

through 66-3-851 25.00

Improper equipment 66-3-901 20.00

Improper emergency

signal 66-3-853 through 66-3-857 10.00

Minor on motorcycle

without helmet 66-7-356 300.00

Operation interference 66-7-357 50.00

Littering 66-7-364 300.00

Improper parking 66-7-349 through 66-7-352

and 66-7-353 5.00

Improper parking 66-3-852 5.00

Failure to dim lights 66-3-831 10.00

Riding in or towing

occupied house trailer 66-7-366 5.00

Improper opening of doors 66-7-367 5.00

No slow-moving vehicle

emblem or flashing

amber light 66-3-887 5.00

Open container - first

violation 66-8-138 25.00

Texting while driving - [Section 1 of this

first violation 2014 act] 66-7-374 25.00

Texting while driving - [Section 1 of this

subsequent violation 2014 act] 66-7-374 50.00

Smoking with child Section 1 of this

present in vehicle 2015 act 100.00.

B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

D. The penalty assessment for speeding in violation of Paragraph (4) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000).

G. Upon a first conviction for smoking with child present in vehicle pursuant to Section 1 of this 2015 act, the court shall waive the fine if the convicted person completes a smoking cessation course:

(1) either in person or through a web site;

(2) chosen from a list of smoking cessation courses that the court has approved; and

(3) within a time frame that the court specifies."".,

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

___________________________________

Gerald Ortiz y Pino, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 5 For 3 Against

Yes: 5

No: Brandt, Griggs, Kernan

Excused: None

Absent: None

HB0148PA1.wpd .201363.2