0001| . HOUSE BILL 377 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| TIMOTHY E. MACKO | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO MANDATORY FINANCIAL RESPONSIBILITY; AUTHORIZING | 0013| REMOVAL OF LICENSE AND SEIZURE OF VEHICLES. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 66-5-205 NMSA 1978 (being Laws 1983, | 0017| Chapter 318, Section 6, as amended) is amended to read: | 0018| "66-5-205. VEHICLE MUST BE INSURED OR OWNER MUST HAVE | 0019| EVIDENCE OF FINANCIAL RESPONSIBILITY--PENALTIES.-- | 0020| A. No owner shall permit the operation of an | 0021| uninsured motor vehicle, or a motor vehicle for which evidence | 0022| of financial responsibility as was affirmed to the division is | 0023| not currently valid, upon the streets or highways of New Mexico | 0024| unless the vehicle is specifically exempted from the provisions | 0025| of the Mandatory Financial Responsibility Act. | 0001| B. No person shall drive an uninsured motor vehicle, | 0002| or a motor vehicle for which evidence of financial | 0003| responsibility as was affirmed to the division is not currently | 0004| valid, upon the streets or highways of New Mexico unless he is | 0005| specifically exempted from the provisions of the Mandatory | 0006| Financial Responsibility Act. | 0007| C. For the purposes of the Mandatory Financial | 0008| Responsibility Act, "uninsured motor vehicle" means a motor | 0009| vehicle for which a motor vehicle liability policy or a | 0010| certified motor vehicle liability policy meeting the | 0011| requirements of the laws of New Mexico and of the director is | 0012| not in effect. | 0013| D. The provisions of the Mandatory Financial | 0014| Responsibility Act requiring the deposit of evidence of | 0015| financial responsibility as provided in Section 66-5-218 NMSA | 0016| 1978, subject to certain exemptions, may apply with respect to | 0017| persons who have been convicted of or forfeited bail for certain | 0018| offenses under motor vehicle laws or who have failed to pay | 0019| judgments or written settlement agreements upon causes of action | 0020| arising out of ownership, maintenance or use of vehicles of a | 0021| type subject to registration under the laws of New Mexico. | 0022| E. Any person who violates the provisions of this | 0023| section is guilty of a misdemeanor and upon conviction shall be | 0024| sentenced to a fine not to exceed three hundred dollars ($300). | 0025| F. Any peace officer who issues a citation for | 0001| violation of this section may, at the time of issuance, remove | 0002| the license plate from any vehicle found to be in violation of | 0003| this section. When a license plate has been so removed, the | 0004| peace officer shall promptly forward the plate to the division | 0005| where it shall be held until adequate proof of financial | 0006| responsibility is provided to the division. Any peace officer | 0007| who removes a license plate pursuant to this subsection has the | 0008| authority to seize the vehicle and have it held until the owner | 0009| provides the peace officer with proof from the division that he | 0010| has complied with this section and pays the cost of removal and | 0011| storage of the vehicle. | 0012| G. The division shall return or replace, in its | 0013| discretion, a license plate removed under the provisions of | 0014| Subsection F of this section when the person cited for failure | 0015| to comply with the provisions of this section furnishes proof of | 0016| compliance to the division and pays to the division a | 0017| reinstatement fee of twenty-five dollars ($25.00). If a person | 0018| who is cited and whose license plate is removed from the vehicle | 0019| furnishes to the division, within fifteen days after the | 0020| issuance of the citation and removal of the license plate, | 0021| evidence of financial responsibility in compliance with the | 0022| Mandatory Financial Responsibility Act, the division shall | 0023| replace or return the license plate and waive the reinstatement | 0024| fee." | 0025| Section 2. REPEAL.--Section 66-5-205.1 NMSA 1978 (being | 0001| Laws 1989, Chapter 214, Section 1) is repealed. State of New Mexico | 0002| House of Representatives | 0003| | 0004| FORTY-SECOND LEGISLATURE | 0005| SECOND SESSION, 1996 | 0006| | 0007| | 0008| February 6, 1996 | 0009| | 0010| | 0011| Mr. Speaker: | 0012| | 0013| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has | 0014| been referred | 0015| | 0016| HOUSE BILL 377 | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO NOT PASS, and thence referred to | 0020| the JUDICIARY COMMITTEE. | 0021| | 0022| Respectfully submitted, | 0023| | 0024| | 0025| | 0001| | 0002| Fred Luna, Chairman | 0003| | 0004| | 0005| Adopted Not Adopted | 0006| | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| Date | 0010| | 0011| The roll call vote was 4 For 4 Against | 0012| Yes: 4 | 0013| No: Corley, Gurule, R. R. Sanchez, Luna | 0014| Excused: Olguin, Taylor, Varela, Rodella | 0015| Absent: None | 0016| | 0017| | 0018| | 0019| | 0020| H0377BI1 |