FIFTY-SIXTH LEGISLATURE

FIRST SESSION

February 23, 2023

 

SENATE FLOOR AMENDMENT number ___1__ to SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 247

Amendment sponsored by Senator Gregg Schmedes

    1. On page 1, line 17 after "LICENSEE", insert "IN CERTAIN CASES AND REQUIRING A COURT TO ISSUE A PRELIMINARY INJUNCTION IN OTHER CASES".

    2. On page 23, line 7, before "SUMMARY", insert "PRELIMINARY INJUNCTION AND HEARING--".

    3. On page 23, line 7, strike "OF LICENSE".

    4. On page 23, line 8, strike "OF LICENSEE".

    5. On page 23, between lines 8 and 9, insert the following new subsection:

         "A. When a board finds that evidence in its possession indicates that a licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice, it may seek a preliminary injunction from the district court in the county in which the principal office of the licensee is located or, if the principal office is not in New Mexico, in the district court for Santa Fe county. If the injunction is granted, the board shall hold an expedited hearing for the suspension of the license or probation of the licensee. The board shall follow the hearing procedures of the Uniform Licensing Act, but times shall be shortened in accordance with the injunction or at the request of the licensee.".

    6. Reletter the succeeding subsections accordingly.

    7. On page 23, lines 15 and 16, strike Paragraph (1) in its entirety.

    8. Renumber the succeeding paragraphs accordingly.

                                    _______________________________

                                    Gregg Schmedes

Adopted ___________________ Not Adopted ________________________

          (Chief Clerk)                (Chief Clerk)

                  Date _________________