HOUSE BILL 335

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

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING THE POWERS AND DUTIES OF THE TRAFFIC SAFETY BUREAU OF THE DEPARTMENT OF TRANSPORTATION; REQUIRING APPLICANTS FOR LICENSURE OR CERTIFICATION TO PROVIDE CRIMINAL BACKGROUND CHECK INFORMATION.

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

     Section 1. Section 66-7-506 NMSA 1978 (being Laws 1978, Chapter 35, Section 493, as amended) is amended to read:

     "66-7-506. BUREAU--FUNCTIONS--POWERS--DUTIES.--The bureau shall have the following powers and duties:

          A. organize, plan and conduct a statewide program of activities designed to prevent accidents and to reduce the incidence of DWI in New Mexico;

          B. coordinate activities and programs of the departments, divisions and agencies of this state now engaged in promoting traffic safety;

          C. provide accident prevention information and publicity to all appropriate media of information and develop other means of public information;

          D. cooperate with all public and private agencies and organizations interested in the promotion of traffic safety and accident prevention;

          E. serve as a clearinghouse for all traffic safety materials and information used throughout this state;

          F. cooperate in promoting research, special studies and analysis of problems concerning the safety and welfare of the citizens of New Mexico;

          G. cooperate fully with national safety organizations in bringing about greater effectiveness in nationwide accident prevention activities and programs;

          H. make studies and suitable recommendations, through the chief and the secretary of transportation, to the legislature concerning safety regulations and laws;

          I. prepare and submit each year a written report to the governor concerning the activities of the bureau and activities concerning assistance to local organizations and officials;

          J. institute and administer a statewide motorcycle training program funded as provided for in Section 66-10-10 NMSA 1978;

          K. institute and administer an accident prevention course for elderly drivers as provided for in Section

59A-32-14 NMSA 1978;

          L. cooperate with the public education department to develop a regulatory framework for instructional and administrative processes, including licensure requirements for instructors, and a curriculum for instruction in defensive driving with a DWI education and prevention component to be offered statewide in secondary schools as an elective;

          M. institute and administer a DWI prevention and education program for elementary and secondary school students, funded as provided for in Section 66-5-35 NMSA 1978;

          N. include at least two hours of DWI prevention and education training in all driver education courses approved by the bureau; [and]

          O. include a DWI recidivism prevention component in all driver rehabilitation programs for alcohol or drugs approved by the bureau;

          P. promulgate rules for the administration of a program to certify DWI schools and ignition interlock installers as approved providers;

          Q. require applicants for certification as an approved DWI school, driver safety course provider or ignition interlock installer or as a licensed driver education instructor to submit a set of two fingerprint cards;

          R. submit fingerprint cards to the department of public safety and the federal bureau of investigation, evaluate the results of a criminal background check to determine eligibility for certification or licensure based on available records and information and deny licensure to an applicant posing a risk to the public or state; and

          S. provide for confidentiality of criminal history information, which shall be used only to determine eligibility for licensure or certification."

     Section 2. Section 66-10-4 NMSA 1978 (being Laws 1967, Chapter 185, Section 4, as amended) is amended to read:

     "66-10-4. QUALIFICATIONS OF DRIVER EDUCATION INSTRUCTORS.--Every person in order to qualify as an instructor for a driver education school shall meet the following requirements:

          A. possess qualifications as prescribed by the traffic safety bureau of the department of transportation;

          B. be physically able to operate safely a motor vehicle and to train others in the operation of motor vehicles;

          C. hold a valid New Mexico operator's or chauffeur's license; [and]

          D. pay to the traffic safety bureau of the department of transportation an annual license fee to be set by regulation of the bureau; and

          E. submit or cause to be submitted to the traffic safety bureau of the department of transportation a criminal history background check made by an appropriate law enforcement agency."

- 5 -