February 13, 2002

SENATE FLOOR AMENDMENT number ___1___ to HOUSE BILL 95, as amended

Amendment sponsored by Senator Allen V. Hurt

1. On page 1, line 12, strike "AMENDING" and insert in lieu thereof "EXCLUDING CERTAIN SPEEDING CONVICTIONS FROM CONSIDERATION IN ANY POINT SYSTEM USED TO DETERMINE WHETHER DRIVING PRIVILEGES SHOULD BE SUSPENDED OR REVOKED; AMENDING AND ENACTING".

2. On page 7, between lines 6 and 7, insert the following additional section:

"Section 3. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] CERTAIN SPEEDING CONVICTIONS TO BE DISREGARDED IN THE DEVELOPMENT OR APPLICATION OF A POINT SYSTEM.--

A. Except as provided in Subsection B of this section, in developing and applying a point system that is used as a basis for suspension or revocation of driving privileges, the division shall not assign points for convictions for speeding on rural highways of the state. As used in this section, "rural highway" means that part of a highway that is located at least two miles outside of the boundaries of an incorporated city, town or village. The two-mile distance shall be measured:

(1) from the point where the highway crosses the boundary, and if there is more than one such intersection, from the intersection most distant from the geographic center of the city, town or village; or

(2) if there are milepost markers on the highway, to the first milepost marker indicating two or more miles.

B. The provisions of this section do not apply to:

(1) rural highways in Bernalillo county;

(2) a conviction for speeding if the citation out of which the conviction arises indicated that excessive speed of the motorist cited was a factor in the accident; or

(3) motor vehicles weighing twelve thousand pounds or more."".

_______________________________

Allen V. Hurt

Adopted ___________________ Not Adopted ________________________

 (Chief Clerk) (Chief Clerk)

Date _________________