HOUSE BILL 307

44th legislature - STATE OF NEW MEXICO - second session, 2000

INTRODUCED BY

Pauline K. Gubbels

AN ACT

RELATING TO HIGHWAYS; PROHIBITING TRASH ON HIGHWAYS; INCREASING THE PENALTY ASSESSMENT MISDEMEANOR FOR LITTERING; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 66-7-364 NMSA 1978 (being Laws 1978, Chapter 35, Section 468) is amended to read:

"66-7-364. PUTTING, [~~GLASS OR OTHER~~] INJURIOUS MATERIAL OR TRASH ON HIGHWAY PROHIBITED.--

A. No person shall throw or deposit upon [~~any~~] a highway any glass [~~bottle~~] bottles, glass, nails, tacks, wire, cans or any other substance likely to injure [~~any~~] a person, animal or vehicle or any trash upon [~~such~~] the highway.

B. [~~Any~~] A person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material or trash shall immediately remove the same or cause it to be removed.

C. [~~Any~~] A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from [~~such~~] the vehicle.

D. As used in this section, "trash" means any article or substance that when discarded creates or contributes to an unsanitary, offensive or unsightly condition. "Trash" includes waste food; paper products; cans, bottles and other containers; household furnishings and equipment; parts or bodies of vehicles and other metallic junk or scrap; and collections of ashes, dirt, yard trimmings and other rubbish."

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 the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Permitting unlicensed

minor to drive 66-5-40 $ 10.00

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 speed limit 15.00

(2) from eleven up to

and including fifteen

miles an hour

over speed limit 30.00

(3) from sixteen up to

and including twenty

miles an hour over

speed limit 65.00

(4) from twenty-one up to

and including twenty-five

miles an hour

over 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 66-7-332 10.00

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 66-7-341 through 66-7-346 10.00

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

Improper equipment 66-3-801 10.00

Improper equipment 66-3-901 20.00

Improper emergency

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

Operation interference 66-7-357 5.00

[~~Litterbugging 30-8-4 50.00~~

~~Litterbugging 30-8-10 100.00~~

~~Litterbugging~~] Littering 66-7-364 [~~100.00~~] 500.00

Improper parking 66-7-349 through

66-7-352 and 66-7-353 5.00

Improper parking 66-7-352.5 50.00

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.

B. The term "penalty assessment misdemeanor" does not include any violation that has caused or contributed to the cause of an accident resulting in injury or death to any 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, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor and no probation imposed upon a suspended or deferred sentence shall exceed ninety days."

Section 3. REPEAL.--Section 30-8-10 NMSA 1978 (being Laws 1963, Chapter 303, Section 8-7) is repealed.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.

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