SENATE BILL 308
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Gerald Ortiz y Pino
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO TRAUMATIC INJURIES; REQUIRING THE USE OF MOTORCYCLE SAFETY HELMETS; PROVIDING EXCEPTIONS; CREATING A DISTINCTIVE MOTORCYCLE VALIDATING STICKER ALLOWING CERTAIN OPERATORS AND PASSENGERS TO REFRAIN FROM WEARING A SAFETY HELMET; CREATING THE FATAL-INJURY DIAGNOSIS AND REPORTING FUND; PRESCRIBING PENALTIES; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-3-14 NMSA 1978 (being Laws 1978, Chapter 35, Section 34, as amended) is amended to read:
"66-3-14. REGISTRATION PLATES OR VALIDATING STICKERS TO BE FURNISHED BY DEPARTMENT--REFLECTIVE MATERIAL.--
A. The department upon registering a vehicle shall issue a registration plate or a validating sticker to the owner of the vehicle. The validating sticker may be designed and required to be placed on the registration plate or elsewhere on the vehicle as prescribed by the department.
B. Each registration plate shall have a background of reflective material such that the registration number assigned to the vehicle is plainly legible from a distance of one hundred feet at night. The colors shall include those of the state flag, except prestige and special plates.
C. Each registration plate shall have displayed upon it:
(1) the registration number assigned to the person to whom it was issued; and
(2) the name of this state.
D. The department shall issue no registration plates for privately owned vehicles that contain the words "staff officer" or any other title except as otherwise provided by law.
E. All registration plates for private vehicles shall be alike in form except for the owner's registration number. The department shall adopt registration number systems for registration plates.
F. In lieu of or in addition to a registration plate or sticker for commercial motor vehicles, the department may issue an electronic identifying device.
G. The department shall determine the design of and make available distinctive motorcycle validating stickers that signify that any person age eighteen or older who operates a motorcycle on which the sticker is affixed and any of that operator's passengers age eighteen or older are not required by law to wear a safety helmet while operating or riding on the motorcycle. The department shall issue a distinctive motorcycle validating sticker when a qualifying person pays the fee as provided in Paragraph (2) of Subsection A of Section
66-6-1 NMSA 1978."
SECTION 2. Section 66-6-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 336, as amended) is amended to read:
"66-6-1. MOTORCYCLES--REGISTRATION FEES--VALIDATING STICKERS.--
A. For the registration of [motorcycles] a motorcycle, the department shall collect one of the following fees for a twelve-month registration period:
[(1) for a motorcycle having not more than two wheels in contact with the ground, fifteen dollars ($15.00); and
(2) for a motorcycle having three wheels in contact with the ground or having a sidecar, fifteen dollars ($15.00)]
(1) fifteen dollars ($15.00) for a standard validating sticker; or
(2) six hundred ninety-two dollars ($692) for a distinctive motorcycle validating sticker that signifies that any person age eighteen or older who operates the motorcycle on which it is affixed and any of that operator's passengers age eighteen or older are not required by law to wear a safety helmet.
B. The revenue from the fee imposed by Paragraph (2) of Subsection A of this section shall be distributed as follows:
(1) four hundred seventy-three dollars ninety cents ($473.90) to the trauma system fund;
(2) one hundred thirty-five dollars forty cents ($135.40) to the brain injury services fund;
(3) sixty-seven dollars seventy cents ($67.70) to the fatal-injury diagnosis and reporting fund; and
(4) fifteen dollars ($15.00) as otherwise provided by law.
[B.] C. In addition to other fees required by this section, the department shall collect for each motorcycle an annual tire recycling fee of one dollar ($1.00) for a twelve-month registration period."
SECTION 3. [NEW MATERIAL] FATAL-INJURY DIAGNOSIS AND REPORTING FUND--CREATED.--The "fatal-injury diagnosis and reporting fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The university of New Mexico school of medicine shall administer the fund on behalf of the state medical investigator, and money in the fund is appropriated to the university of New Mexico school of medicine for the diagnosis and reporting of fatal injuries. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the dean of the school of medicine or the dean's authorized representative. Money in the fund shall not revert at the end of any fiscal year.
SECTION 4. Section 66-7-356 NMSA 1978 (being Laws 1978, Chapter 35, Section 460, as amended) is amended to read:
"66-7-356. MANDATORY USE OF PROTECTIVE HELMETS.--
A. [No] A person under the age of eighteen [shall operate] who operates a motorcycle [unless he is wearing] and any operator and passenger age eighteen or older on a motorcycle whose registration plate is affixed with a standard validating sticker shall wear a safety helmet that is securely fastened on [his] the person's head in a normal manner as headgear and [meeting] that meets the standards specified by the director. A person age eighteen or older who operates a motorcycle on which a valid, distinctive motorcycle validating sticker, as described in Paragraph (2) of Subsection A of Section 66-6-1 NMSA 1978, is affixed and any of that person's passengers age eighteen or older are not required to wear a safety helmet. The director shall adopt rules and regulations establishing standards [covering the types of] and specifications for acceptable helmets [and the specifications therefor] and shall establish and maintain a list of approved helmets meeting [the] those standards and specifications [of the director. No]. A dealer or person who leases or rents motorcycles shall not lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. [No] A person shall not carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the director.
B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence."
SECTION 5. 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
Improper display of
registration plate 66-3-18 $ 25.00
Failure to notify of
change of name or address 66-3-23 25.00
Lost or damaged registration,
plate or title 66-3-24 20.00
Permitting unauthorized
minor to drive 66-5-40 50.00
Permitting unauthorized
person to drive 66-5-41 25.00
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
Transport of reducible
load with special
permit more than six miles
from a border crossing 66-7-413 100.00
Improper equipment 66-3-801
through 66-3-851 25.00
Improper equipment 66-3-901 20.00
Improper emergency
signal 66-3-853 through 66-3-857 10.00
[Minor on motorcycle
without helmet] Failure
to wear a motorcycle
safety helmet - first
violation 66-7-356 300.00
Failure to wear a
motorcycle safety
helmet - subsequent
violation 66-7-356 600.00
Operation interference 66-7-357 50.00
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
Texting while driving - [Section 1 of this
first violation 2014 act] 66-7-374 25.00
Texting while driving - [Section 1 of this
subsequent violation 2014 act] 66-7-374 50.00.
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).
F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000)."
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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