FIFTY-THIRD LEGISLATURE

SECOND SESSION, 2018

 

January 30, 2018

 

 

 

Mr. Speaker:

 

    Your CONSUMER & PUBLIC AFFAIRS COMMITTEE, to whom has been referred

 

HOUSE BILL 71

 

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

 

     1. On page 15, line 3 through page 16, line 5, strike Section 3 in its entirety and insert the following new section:

 

     "SECTION 3. Section 66-8-111.1 NMSA 1978 (being Laws 1984, Chapter 72, Section 7, as amended) is amended to read:

 

     "66-8-111.1. LAW ENFORCEMENT OFFICER AGENT FOR DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND OF RIGHT TO A HEARING.--

 

          A. On behalf of the department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to [Section] Sections 66-8-107 and 66-8-111 NMSA 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who:

 

                (1) refuses to permit chemical testing; or [on a person who]

 

                (2) submits to a chemical test the results of which indicate an alcohol concentration in the person's blood or breath of:

 

                     (a) eight one hundredths or more if the person is twenty-one years of age or older;

 

                     (b) four one hundredths or more if the person is driving a commercial motor vehicle; or

 

                     (c) two one hundredths or more if the person is less than twenty-one years of age. [Upon serving]

 

          B. The written notice of revocation [the law enforcement officer shall take the license or permit of the driver, if any, and issue] and of right to a hearing served on the driver shall be a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section 66-8-112 NMSA 1978, valid until the date the administrative hearings office issues the order following that hearing; provided that a written notice of revocation and of right to a hearing shall not be a temporary license [shall not be issued to] for a driver without [a valid license or permit] any otherwise valid driving privileges in this state.

 

          C. The law enforcement officer shall send [the person's driver's license] to the department [along with] the signed statement required pursuant to Section 66-8-111 NMSA 1978."".,

 

and thence referred to the JUDICIARY COMMITTEE.

 

                             

                             Respectfully submitted,

 

 

 

                                                                 

Eliseo Alcon, Chair

 

 

Adopted     Not Adopted

           (Chief Clerk)                            (Chief Clerk)

 

Date

 

 

The roll call vote was 5 For 0 Against

Yes:      5

No:       0

Excused:  None

Absent:   None

 

.209908.1

 

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