House Bill text for HB0010

HOUSE BILL 10

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Antonio Lujan and Mary Jane M. Garcia

AN ACT

RELATING TO TRANSPORTATION; PROHIBITING THE USE OF A MOBILE COMMUNICATION DEVICE WHILE OPERATING A PUBLICLY OWNED OR OPERATED TRAIN; PROHIBITING THE USE OF A MOBILE COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE; PROHIBITING THE USE OF A MOBILE COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE ENGAGED IN PUBLIC TRANSPORTATION OR SCHOOL TRANSPORTATION; PROVIDING EXCEPTIONS; PREEMPTING LOCAL AUTHORITY REGULATION; IMPOSING PENALTIES; DIRECTING THE DISPOSITION OF CERTAIN PENALTY ASSESSMENT MISDEMEANOR RECEIPTS; DECLARING AN EMERGENCY.

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

Section 1. A new section of Chapter 63, Article 3 NMSA 1978 is enacted to read:

"[NEW MATERIAL] USE OF MOBILE COMMUNICATION DEVICE BY TRAIN OPERATOR PROHIBITED--EXCEPTIONS--PENALTY.--

A. A person while in actual physical control of an operating train belonging to a railroad owned or operated by the state or one of its subdivisions shall not use a mobile communication device except:

(1) if there is no other person on the train capable of doing so:

(a) to report illegal activity;

(b) to summon medical or emergency help; or

(2) while the train is stopped; or

(3) in the ordinary course of business as required by the railroad.

B. As used in this section, "mobile communication device" means a wireless, two-way communications device that is designed to receive and transmit voice, text or image communication.

C. A violation of the provisions of this section is a petty misdemeanor, and upon conviction, a judge shall sentence the violator to the payment of a fine of two hundred dollars ($200)."

Section 2. A new section of the Motor Vehicle Code is enacted to read:

"[NEW MATERIAL] USE OF MOBILE COMMUNICATION DEVICE PROHIBITED--EXCEPTIONS--PENALTY.--

A. A driver shall not use a mobile communication device except:

(1) if there is no other person in the motor vehicle capable of doing so:

(a) to report illegal activity;

(b) to summon medical or other emergency

help; or

(2) in an authorized emergency or law enforcement motor vehicle;

(3) while the motor vehicle is lawfully parked;

(4) when using hands-free equipment; provided that the exception allowed in this paragraph does not apply to the driver of a motor vehicle used in a public or school transportation system owned or operated by the state or a local authority unless the provisions of Paragraph (5) of this subsection apply to the driver; or

(5) in addition to the applicable exceptions in the provisions of this subsection, the driver of a motor vehicle used in a public or school transportation system owned or operated by the state or a local authority may use a mobile communication device in the ordinary course of business as required by the public or school transportation system.

B. As used in this section:

(1) "hands-free equipment" means a built-in feature of, or a piece of equipment used in addition to, a mobile communication device that allows a person using the mobile communication device to keep both of the person's hands on the steering wheel and the person's eyes on the highway; and

(2) "mobile communication device" means a wireless, two-way communications device that is designed to receive and transmit voice, text or image communication.

C. This section preempts the power of local authorities, including a home rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, to regulate the use of mobile communication devices in motor vehicles and supersedes any law, ordinance, order or rule enacted by a local authority, including a home rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, to regulate the use of mobile communication devices in motor vehicles.

D. A violation of the provisions of this section is a penalty assessment misdemeanor, the penalty for which is prescribed in Section 66-8-116 NMSA 1978."

Section 3. 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, except as provided in Subsections D and E of this section, 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 the speed limit 15.00

(2) from eleven up to

and including fifteen

miles an hour

over the speed limit 30.00

(3) from sixteen up to

and including twenty

miles an hour over the

speed limit 65.00

(4) from twenty-one up to

and including twenty-five

miles an hour

over the 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 66-7-331 10.00

Failure to yield 66-7-332 50.00

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 66-7-342 and 66-7-344

through 66-7-346 10.00

Railroad-highway grade

crossing violation 66-7-341 and 66-7-343 150.00

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

Littering 66-7-364 300.00

Improper parking 66-7-349 through 66-7-352

and 66-7-353 5.00

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

Prohibited mobile

communication device Section 2 of

use this 2010 act 200.00.

B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a 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, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

D. The penalty assessment for speeding in violation of Paragraph (4) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500)."

Section 4. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:

"66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--

A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Section 2 of this 2010 act and to Subsections A through G of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.

B. The division shall remit all penalty assessment receipts collected pursuant to Section 2 of this 2010 act to the interlock device fund.

[B.] C. The division shall remit all penalty assessment fee receipts collected pursuant to:

(1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;

(2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;

(3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;

(4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;

(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the jury and witness fee fund;

(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; and

(7) Subsection G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund."

Section 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 11 -