HOUSE BILL 297

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO DRIVER'S EDUCATION; AMENDING THE DRIVING SCHOOL LICENSING ACT TO AUTHORIZE THE TRAFFIC SAFETY BUREAU OF THE DEPARTMENT OF TRANSPORTATION TO CERTIFY MOTOR VEHICLE ACCIDENT PREVENTION AND DRIVER SAFETY COURSES.

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

     SECTION 1. Section 66-10-6 NMSA 1978 (being Laws 1967, Chapter 185, Section 6, as amended) is amended to read:

     "66-10-6. POWERS OF BUREAU.--The traffic safety bureau of the department of transportation shall:

          A. prescribe the forms and procedures necessary for the making of applications and the licensing of driver education schools and driver education instructors pursuant to the provisions of the Driving School Licensing Act;

          B. certify motor vehicle accident prevention and driver safety courses;

          [B.] C. require periodic and annual reports from the licensed schools on the number and types of pupils enrolled and trained and such other matters as it deems necessary;

          [C.] D. require the licensed schools to keep and maintain certain records;

          [D.] E. prescribe forms for and supply serially numbered uniform certificates of course completion to owners, primary consignees or operators of courses approved by the bureau and charge a fee not to exceed one dollar ($1.00) per certificate. The uniform certificates of course completion shall be printed on copy resistant paper in not less than two self-copying parts so as to provide a control copy of the certificate that shall be retained by the course provider. Each certificate shall include an identifying number that will allow the court or bureau to verify its authenticity with the course provider. Upon successful completion of a course, licensed schools shall issue to each pupil a certificate of completion;

          [E.] F. require each driver education school to post a surety bond with the bureau in the amount of five thousand dollars ($5,000);

          [F.] G. suspend or revoke, subject to the procedures prescribed in the Uniform Licensing Act, any license issued to a driver education school or to a driver education instructor when it is found that the licensee has failed to maintain the qualifications or standards required by the Driving School Licensing Act for the issuance of the initial license;

          [G.] H. develop and adopt rules and regulations needed to administer the Driving School Licensing Act and to license driver education schools and instructors;

          [H.] I. set annual licensure fees for:

                (1) driver education schools, not to exceed five hundred dollars ($500) per year;

                (2) driver education instructors, not to exceed one hundred dollars ($100) per year; and

                (3) driver education school extension locations, not to exceed thirty-five dollars ($35.00) per year; and

          [I.] J. set by regulation the enrollment fees that may be charged to a student by a private driver education school."

     SECTION 2. Section 66-10-12 NMSA 1978 (being Laws 1993, Chapter 68, Section 55, as amended) is amended to read:

     "66-10-12. EXEMPT PROVIDERS.--The Driving School Licensing Act shall not apply to nonprofit corporations that provide the same number of classroom motor vehicle accident prevention [courses approved] instruction hours as required for for-profit courses certified by the traffic safety bureau of the department of transportation and that are engaged in providing courses exclusively for drivers who are fifty years of age or older."

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