HOUSE BILL 226

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Brian F. Egolf

AN ACT

RELATING TO ALCOHOLIC BEVERAGE SALES; REQUIRING IDENTIFICATION FOR RETAIL PURCHASE; PROHIBITING CERTAIN RETAIL SALES; REQUIRING IGNITION INTERLOCK LICENSES AND CERTAIN IDENTIFICATION CARDS TO INDICATE THAT THE PURCHASE OF ALCOHOLIC BEVERAGES IS PROHIBITED; PROVIDING PENALTIES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.

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

     Section 1. A new section of the Liquor Control Act is enacted to read:

     "[NEW MATERIAL] IDENTIFICATION REQUIRED FOR RETAIL SALES.--A retailer or a retailer's employee or agent shall not sell alcoholic beverages to any person unless the person first produces documentary evidence of age and identity containing a picture of the person and issued by a federal, state, county or municipal government."

     Section 2. A new section of the Liquor Control Act is enacted to read:

     "[NEW MATERIAL] PERSONS WITH IGNITION INTERLOCK LICENSES OR CERTAIN IDENTIFICATION CARDS--ALCOHOL PURCHASES PROHIBITED--PENALTIES.--

          A. A retailer or retailer's employee or agent shall not sell alcoholic beverages to a person who has an ignition interlock license or an identification card that indicates that the person is prohibited from purchasing alcohol.

          B. A violation of the provisions of Subsection A of this section is a misdemeanor, and the offender shall be sentenced pursuant to Section 31-19-1 NMSA 1978. A third or subsequent violation of the provisions of Subsection A of this section is a fourth degree felony, and the offender shall be sentenced pursuant to Section 31-18-15 NMSA 1978.

          C. It is an affirmative defense to a criminal prosecution brought pursuant to this section that, before selling any alcoholic beverages, the accused in good faith demanded and was shown documentary evidence of age and identity containing a picture and issued by a federal, state, county or municipal government."

     Section 3. Section 66-5-405 NMSA 1978 (being Laws 1978, Chapter 35, Section 332, as amended) is amended to read:

     "66-5-405. CONTENTS OF CARD.--

          A. The identification card shall adequately describe the registrant and bear [his] the registrant's picture that shall show a full face or front view for all registrants and indicate donor status. [All identification cards of persons under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one.] The identification card shall bear the following statement:

                                  "STATE OF NEW MEXICO IDENTIFICATION

                                  CARD NO.____________

This card is provided solely for the purpose of establishing that the bearer described on the card was not the holder of a New Mexico driver's license as of the date of issuance of this card. This identification card is not a license. ISSUED FOR IDENTIFICATION PURPOSES ONLY".

          B. An identification card of a person under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one.

          C. An identification card of a person whose driver's license is revoked for driving under the influence of intoxicating liquor or drugs or for a violation of the Implied Consent Act shall have a printed legend, displayed in such a manner as to be easily read by any person inspecting the license, indicating that the person is prohibited from purchasing alcoholic beverages."

     Section 4. A new section of the Ignition Interlock Licensing Act is enacted to read:

     "[NEW MATERIAL] IGNITION INTERLOCK LICENSE.--An ignition interlock license shall be clearly marked to distinguish it from other driver's licenses and shall have a printed legend, displayed in such a manner as to be easily read upon inspection of the license, indicating that the person is prohibited from purchasing alcoholic beverages."

     Section 5. Section 66-5-502 NMSA 1978 (being Laws 2003, Chapter 239, Section 2, as amended by Laws 2007, Chapter 316, Section 2 and by Laws 2007, Chapter 317, Section 3 and also by Laws 2007, Chapter 319, Section 48) is amended to read:

     "66-5-502. DEFINITIONS.--As used in the Ignition Interlock Licensing Act:

          A. "denied" means the division has refused to issue an instruction permit, driver's license or provisional license pursuant to the provisions of Subsection D or E of Section

66-5-5 NMSA 1978;

          B. "ignition interlock device" means a device, approved by the traffic safety bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person;

          C. "ignition interlock license" means a driver's license issued to a person by the division that allows that person to operate a motor vehicle with an ignition interlock device after that person's driving privilege or driver's license has been revoked or denied [The division shall clearly mark an ignition interlock license to distinguish it from other driver's licenses]; and

          D. "revoked" means the division, pursuant to the provisions of Section 66-5-29 or 66-8-111 NMSA 1978, has terminated a person's driving privilege or driver's license for driving while under the influence of intoxicating liquor or drugs."

     Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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