SENATE BILL 113

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO MOTOR VEHICLES; PERMITTING PROOF OF FINANCIAL RESPONSIBILITY TO BE GIVEN ELECTRONICALLY.

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

     SECTION 1. Section 66-5-205 NMSA 1978 (being Laws 1983, Chapter 318, Section 6, as amended) is amended to read:

     "66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.--

          A. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

          B. No person shall drive an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico unless the person is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.

          C. For the purposes of the Mandatory Financial Responsibility Act, "uninsured motor vehicle" means a motor vehicle for which a motor vehicle insurance policy meeting the requirements of the laws of New Mexico and of the secretary, or a surety bond or evidence of a sufficient cash deposit with the state treasurer, is not in effect.

          D. The provisions of the Mandatory Financial Responsibility Act requiring the deposit of evidence of financial responsibility as provided in Section 66-5-218 NMSA 1978, subject to certain exemptions, may apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws or who have failed to pay judgments or written settlement agreements upon causes of action arising out of ownership, maintenance or use of vehicles of a type subject to registration under the laws of New Mexico.

          E. A person may satisfy the requirements of this section by providing evidence of financial responsibility either through physical documentation of a valid policy of insurance or electronic documentation of a valid policy of insurance through the use of a cellular telephone or similar device.

          [E.] F. Any person who violates the provisions of this section is guilty of a misdemeanor as provided in Section 66-8-7 NMSA 1978.

          [F.] G. A person charged with violating the provisions of this section shall not be convicted if the person produces, in court, evidence of financial responsibility valid at the time of issuance of the citation."

     SECTION 2. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] PROOF OF FINANCIAL RESPONSIBILITY--ELECTRONIC EVIDENCE.--Whenever a person is required by law to produce evidence of valid proof of financial responsibility for a motor vehicle, such evidence may be provided electronically through the use of a cellular phone or similar device."

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