SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
SENATE BILL 275
49th legislature - STATE OF NEW MEXICO - first session, 2009
AN ACT
RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING A MINIMUM OF SIX MONTHS OF DRIVING WITH AN IGNITION INTERLOCK DEVICE BEFORE REINSTATEMENT OF A DRIVER'S LICENSE; 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. Section 66-5-33.1 NMSA 1978 (being Laws 1985, Chapter 47, Section 1, as amended) is amended to read:
"66-5-33.1. REINSTATEMENT OF DRIVER'S LICENSE OR REGISTRATION--IGNITION INTERLOCK--FEE.--
A. Whenever a driver's license or registration is suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and the payment of a fee of twenty-five dollars ($25.00) is a prerequisite to the reinstatement of any license or registration.
B. If a driver's license was [suspended or] revoked for driving while under the influence of intoxicating liquor or drugs, for aggravated driving while under the influence of intoxicating liquor or drugs or [for a violation of] pursuant to the Implied Consent Act, [an additional fee of seventy-five dollars ($75.00) is] the following are required [to be paid] to reinstate the driver's license:
(1) an additional fee of seventy-five dollars ($75.00); and
(2) a minimum of six months of driving with an ignition interlock license with no attempts to circumvent or tamper with the ignition interlock device.
C. The department may reinstate the driving privileges of an out-of-state resident without the requirement that the person obtain an ignition interlock license for a minimum of six months, if the following conditions are met:
(1) the license revocation period is completed;
(2) satisfactory proof is presented to the department that the person is no longer a resident of New Mexico; and
(3) the license reinstatement fee is paid.
D. Fees collected pursuant to [this] Subsection B of this section are appropriated to the local governments road fund. The department shall maintain an accounting of the fees collected [pursuant to this subsection] and shall report that amount upon request to the legislature."
Section 2. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3, as amended) is amended to read:
"66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS--EXCLUSIONS.--
A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply for an ignition interlock license from the division.
B. An applicant for an ignition interlock license shall:
(1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and
(2) sign an affidavit acknowledging that:
(a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;
(b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act; and
(c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request. C. A person who has been convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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