0001| HOUSE BILL 1275
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DAVID M. PARSONS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO MINORS; PROVIDING FOR LOSS OF CERTAIN PRIVILEGES
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0012| UPON WITHDRAWAL FROM SCHOOL PRIOR TO GRADUATION; AMENDING AND
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0013| ENACTING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. [NEW MATERIAL] Any person under the age of
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0017| eighteen who is not in compliance with the attendance
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0018| requirements of the Compulsory School Attendance Law shall not
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0019| be included in the calculation of any other person's state or
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0020| federal public assistance, including food stamps, supplemental
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0021| security income, temporary assistance for needy families or
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0022| medicaid.
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0023| Section 2. A new section of the Compulsory School
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0024| Attendance Law is enacted to read:
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0025| "[NEW MATERIAL] DOCUMENTATION OF SCHOOL ATTENDANCE.--
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0001| A. As used in this section, "withdraws from school"
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0002| means having more than ten consecutive or fifteen days total
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0003| unexcused absences during a single semester, including
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0004| unexcused absences due to suspension or expulsion.
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0005| B. The certified school administrator of a public
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0006| school or the chief administrator of a private or home school
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0007| shall provide upon request documentation of enrollment and
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0008| attendance status on a form approved by the motor vehicle
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0009| division of the taxation and revenue department to any student
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0010| under the age of eighteen who is properly enrolled for
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0011| presentation to the division on application for issuance or
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0012| reinstatement of an instruction permit or license to operate a
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0013| motor vehicle.
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0014| C. Whenever a student under the age of eighteen
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0015| withdraws from school, except as provided in Subsection A of
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0016| Section 22-12-2 NMSA 1978, the certified school administrator
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0017| or the chief administrator of the private or home school shall
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0018| notify the motor vehicle division of the taxation and revenue
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0019| department of the student's withdrawal from school."
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0020| Section 3. Section 51-1-5 NMSA 1978 (being Laws 1969,
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0021| Chapter 213, Section 2, as amended) is amended to read:
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0022| "51-1-5. BENEFIT ELIGIBILITY CONDITIONS.--
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0023| A. An unemployed individual shall be eligible to
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0024| receive benefits with respect to any week only if he:
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0025| (1) has made a claim for benefits with respect
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0001| to such week in accordance with such regulations as the
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0002| secretary may prescribe;
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0003| (2) has registered for work at, and thereafter
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0004| continued to report at, an employment office in accordance with
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0005| such regulations as the secretary may prescribe, except that
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0006| the secretary may, by regulation, waive or alter either or both
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0007| of the requirements of this paragraph as to individuals
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0008| attached to regular jobs and as to such other types of cases or
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0009| situations with respect to which he finds that compliance with
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0010| such requirements would be oppressive or would be inconsistent
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0011| with the purposes of the Unemployment Compensation Law. No
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0012| such regulation shall conflict with Subsection A of Section
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0013| 51-1-4 NMSA 1978;
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0014| (3) is able to work and is available for work
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0015| and is actively seeking permanent and substantially full-time
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0016| work in accordance with the terms, conditions and hours common
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0017| in the occupation or business in which the individual is
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0018| seeking work, except that the secretary may, by regulation,
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0019| waive this requirement for individuals who are on temporary
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0020| layoff status from their regular employment with an assurance
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0021| from their employers that the layoff shall not exceed four
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0022| weeks or who have an express offer in writing of substantially
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0023| full-time work that will begin within a period not exceeding
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0024| four weeks;
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0025| (4) has been unemployed for a waiting period
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0001| of one week. No week shall be counted as a week of
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0002| unemployment for the purposes of this paragraph:
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0003| (a) unless it occurs within the benefit
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0004| year that includes the week with respect to which he claims
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0005| payment of benefits;
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0006| (b) if benefits have been paid with
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0007| respect thereto; and
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0008| (c) unless the individual was eligible
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0009| for benefits with respect thereto as provided in this section
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0010| and Section 51-1-7 NMSA 1978, except for the requirements of
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0011| this subsection and of Subsection E of Section 51-1-7 NMSA
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0012| 1978;
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0013| (5) has, during his base period, been paid
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0014| wages for insured work totaling not less than one and
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0015| one-fourth his high-quarter wages;
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0016| (6) has reported to an office of the division
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0017| in accordance with the regulations of the secretary for the
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0018| purpose of an examination and review of the individual's
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0019| availability for and search for work, for employment
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0020| counseling, referral and placement and for participation in a
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0021| job finding or employability training and development program.
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0022| No individual shall be denied benefits under this section for
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0023| any week that he is participating in a job finding or
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0024| employability training and development program; and
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0025| (7) participates in reemployment services,
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0001| such as job search assistance services, if the division
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0002| determines that the individual is likely to exhaust regular
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0003| benefits and need reemployment services pursuant to a profiling
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0004| system established by the division, unless the division
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0005| determines that:
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0006| (a) the individual has completed such
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0007| services; or
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0008| (b) there is justifiable cause for the
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0009| individual's failure to participate in the services.
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0010| B. A benefit year as provided in Section 51-1-4
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0011| NMSA 1978 and Subsection P of Section 51-1-42 NMSA 1978 may be
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0012| established; provided no individual may receive benefits in a
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0013| benefit year unless, subsequent to the beginning of the
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0014| immediately preceding benefit year during which he received
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0015| benefits, he performed service in "employment", as defined in
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0016| Subsection F of Section 51-1-42 NMSA 1978, and earned
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0017| remuneration for such service in an amount equal to the lesser
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0018| of three-thirteenths of the individual's high-quarter wages and
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0019| six times his weekly benefit amount.
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0020| C. Benefits based on service in employment defined
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0021| in Paragraph (8) of Subsection F of Section 51-1-42 and Section
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0022| 51-1-43 NMSA 1978 are to be paid in the same amount, on the
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0023| same terms and subject to the same conditions as compensation
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0024| payable on the basis of other services subject to the
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0025| Unemployment Compensation Law except that:
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0001| (1) benefits based on services performed in an
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0002| instructional, research or principal administrative capacity
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0003| for an educational institution shall not be paid for any week
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0004| of unemployment commencing during the period between two
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0005| successive academic years or terms or, when an agreement
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0006| provides for a similar period between two regular but not
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0007| successive terms, during such period or during a period of paid
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0008| sabbatical leave provided for in the individual's contract, to
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0009| any individual if such individual performs such services in the
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0010| first of such academic years or terms and if there is a
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0011| contract or a reasonable assurance that such individual will
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0012| perform services in any such capacity for any educational
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0013| institution in the second of such academic years or terms;
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0014| (2) benefits based on services performed for
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0015| an educational institution other than in an instructional,
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0016| research or principal administrative capacity shall not be paid
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0017| for any week of unemployment commencing during a period between
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0018| two successive academic years or terms if such services are
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0019| performed in the first of such academic years or terms and
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0020| there is a reasonable assurance that such individual will
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0021| perform services for any educational institution in the second
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0022| of such academic years or terms. If compensation is denied to
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0023| any individual under this paragraph and the individual was not
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0024| offered an opportunity to perform such services for the
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0025| educational institution for the second of such academic years
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0001| or terms, the individual shall be entitled to a retroactive
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0002| payment of benefits for each week for which the individual
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0003| filed a claim and certified for benefits in accordance with the
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0004| regulations of the division and for which benefits were denied
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0005| solely by reason of this paragraph;
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0006| (3) benefits shall be denied to any individual
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0007| for any week that commences during an established and customary
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0008| vacation period or holiday recess if such individual performs
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0009| any services described in Paragraphs (1) and (2) of this
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0010| subsection in the period immediately before such period of
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0011| vacation or holiday recess and there is a reasonable assurance
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0012| that such individual will perform any such services in the
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0013| period immediately following such vacation period or holiday
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0014| recess;
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0015| (4) benefits shall not be payable on the basis
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0016| of services specified in Paragraphs (1) and (2) of this
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0017| subsection during the periods specified in Paragraphs (1), (2)
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0018| and (3) of this subsection to any individual who performed such
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0019| services in or to or on behalf of an educational institution
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0020| while in the employ of a state or local governmental
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0021| educational service agency or other governmental entity or
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0022| nonprofit organization; and
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0023| (5) for the purpose of this subsection, to the
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0024| extent permitted by federal law, "reasonable assurance" means a
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0025| reasonable expectation of employment in a similar capacity in
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0001| the second of such academic years or terms based upon a
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0002| consideration of all relevant factors, including the historical
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0003| pattern of reemployment in such capacity, a reasonable
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0004| anticipation that such employment will be available and a
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0005| reasonable notice or understanding that the individual will be
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0006| eligible for and offered employment in a similar capacity.
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0007| D. Paragraphs (1), (2), (3), (4) and (5) of
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0008| Subsection C of this section shall apply to services performed
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0009| for all educational institutions, public or private, for profit
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0010| or nonprofit, which are operated in this state or subject to an
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0011| agreement for coverage under the Unemployment Compensation Law
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0012| of this state, unless otherwise exempt by law.
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0013| E. Notwithstanding any other provisions of this
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0014| section or Section 51-1-7 NMSA 1978, no otherwise eligible
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0015| individual is to be denied benefits for any week because he is
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0016| in training with the approval of the division nor is such
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0017| individual to be denied benefits by reason of application of
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0018| provisions in Paragraph (3) of Subsection A of this section or
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0019| Subsection C of Section 51-1-7 NMSA 1978 with respect to any
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0020| week in which he is in training with the approval of the
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0021| division. The secretary shall provide, by regulation,
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0022| standards for approved training and the conditions for
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0023| approving such training for claimants, including any training
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0024| approved or authorized for approval pursuant to Section
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0025| 236(a)(1) and (2) of the Trade Act of 1974, as amended, or
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0001| required to be approved as a condition for certification of the
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0002| state's Unemployment Compensation Law by the United States
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0003| secretary of labor.
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0004| F. Notwithstanding any other provisions of this
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0005| section, benefits shall not be payable on the basis of services
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0006| performed by an alien unless such alien is an individual who
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0007| was lawfully admitted for permanent residence at the time such
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0008| services were performed, was lawfully present for the purposes
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0009| of performing such services or was permanently residing in the
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0010| United States under color of law at the time such services were
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0011| performed, including an alien who was lawfully present in the
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0012| United States as a result of the application of the provisions
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0013| of Section 212(d)(5) of the Immigration and Nationality Act;
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0014| provided that:
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0015| (1) any information required of individuals
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0016| applying for benefits to determine their eligibility for
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0017| benefits under this subsection shall be uniformly required from
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0018| all applicants for benefits; and
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0019| (2) no individual shall be denied benefits
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0020| because of his alien status except upon a preponderance of the
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0021| evidence.
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0022| G. Notwithstanding any other provision of this
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0023| section, benefits shall not be paid to any individual on the
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0024| basis of any services substantially all of which consist of
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0025| participating in sports or athletic events or training or
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0001| preparing to so participate for any week that commences during
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0002| the period between two successive sport seasons, or similar
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0003| periods, if such individual performed such services in the
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0004| first of such seasons, or similar periods, and there is a
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0005| reasonable assurance that such individual will perform such
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0006| services in the latter of such seasons or similar periods.
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0007| H. Students who are enrolled in a full-time course
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0008| schedule in an educational or training institution or program,
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0009| other than those persons in an approved vocational training
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0010| program in accordance with Subsection E of this section, shall
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0011| not be eligible for unemployment benefits except as provided by
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0012| regulations promulgated by the secretary.
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0013| I. As used in this subsection, "seasonal ski
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0014| employee" means an employee who has not worked for a ski area
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0015| operator for more than six consecutive months of the previous
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0016| twelve months or nine of the previous twelve months. Any
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0017| employee of a ski area operator who has worked for a ski area
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0018| operator for six consecutive months of the previous twelve
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0019| months or nine of the previous twelve months shall not be
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0020| considered a seasonal ski employee. The following benefit
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0021| eligibility conditions apply to a seasonal ski employee:
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0022| (1) except as provided in Paragraphs (2) and
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0023| (3) of this subsection, a seasonal ski employee employed by a
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0024| ski area operator on a regular seasonal basis shall be
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0025| ineligible for a week of unemployment benefits that commences
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0001| during a period between two successive ski seasons unless such
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0002| individual establishes to the satisfaction of the secretary
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0003| that he is available for and is making an active search for
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0004| permanent full-time work;
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0005| (2) a seasonal ski employee who has been
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0006| employed by a ski area operator during two successive ski
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0007| seasons shall be presumed to be unavailable for permanent new
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0008| work during a period after the second successive ski season
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0009| that he was employed as a seasonal ski employee; and
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0010| (3) the presumption described in Paragraph (2)
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0011| of this subsection shall not arise as to any seasonal ski
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0012| employee who has been employed by the same ski area operator
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0013| during two successive ski seasons and has resided continuously
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0014| for at least twelve successive months and continues to reside
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0015| in the county in which the ski area facility is located.
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0016| J. Notwithstanding any other provision of this
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0017| section, an otherwise eligible individual shall not be denied
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0018| benefits for any week by reason of the application of Paragraph
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0019| (3) of Subsection A of this section because he is before any
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0020| court of the United States or any state pursuant to a lawfully
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0021| issued summons to appear for jury duty.
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0022| K. Benefits shall not be paid to any individual
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0023| under eighteen years of age unless he is a graduate of a
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0024| secondary school or has obtained a general education
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0025| development certificate."
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0001| Section 4. Section 66-5-5 NMSA 1978 (being Laws 1978,
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0002| Chapter 35, Section 227, as amended) is amended to read:
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0003| "66-5-5. PERSONS NOT TO BE LICENSED.--The division shall
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0004| not issue a driver's license under the Motor Vehicle Code to
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0005| any person:
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0006| A. who is under the age of sixteen years, except
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0007| the division may, in its discretion, issue:
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0008| (1) a restricted instruction permit or a
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0009| restricted license to students fourteen years of age or over,
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0010| enrolled in and attending a driver-education course that
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0011| includes a DWI education and prevention component approved by
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0012| the bureau or offered by a public school;
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0013| (2) a license to any person fifteen years of
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0014| age or older who has satisfactorily completed a driver-
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0015| education course that is approved by the bureau or offered by a
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0016| public school and that includes both a DWI education and
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0017| prevention component and practice driving; and
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0018| (3) to any person thirteen years of age or
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0019| older who passes an examination prescribed by the division, a
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0020| license restricted to the operation of a motorcycle, provided:
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0021| (a) the motor is not in excess of one
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0022| hundred cubic centimeters displacement;
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0023| (b) no holder of an initial license may
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0024| carry any other passenger while driving a motorcycle; and
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0025| (c) the director approves and certifies
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0001| motorcycles as not in excess of one hundred cubic centimeters
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0002| displacement and by regulation provides for a method of
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0003| identification of such motorcycles by all law enforcement
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0004| officers;
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0005| B. whose license or driving privilege has been
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0006| suspended or denied, during the period of suspension or denial,
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0007| or to any person whose license has been revoked, except as
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0008| provided in Section 66-5-32 NMSA 1978;
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0009| C. who is an habitual drunkard, an habitual user of
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0010| narcotic drugs or an habitual user of any drug to a degree
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0011| [which] that renders him incapable of safely driving a
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0012| motor vehicle;
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0013| D. who, within any ten-year period, is three times
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0014| convicted of driving a motor vehicle while under the influence
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0015| of intoxicating liquor or narcotic drug regardless of whether
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0016| the convictions are under the laws or ordinances of this state
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0017| or any municipality or county of this state or under the laws
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0018| or ordinances of any other state, the District of Columbia or
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0019| any governmental subdivision thereof. Ten years after being so
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0020| convicted for the third time, the person may apply to any
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0021| district court of this state for restoration of the license,
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0022| and the court, upon good cause being shown, may order
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0023| restoration of the license applied for; provided that the
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0024| person has not been subsequently convicted of driving a motor
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0025| vehicle while under the influence of intoxicating liquor or
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0001| drug in the ten-year period prior to his request for
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0002| restoration of his license. Upon issuance of the order of
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0003| restoration, a certified copy shall immediately be forwarded to
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0004| the division, and if the person is otherwise qualified for the
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0005| license applied for, the three previous convictions shall not
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0006| prohibit issuance of the license applied for. Should the
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0007| person be subsequently once convicted of driving a motor
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0008| vehicle while under the influence of intoxicating liquor or
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0009| drug, the division shall revoke his license for five years,
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0010| after which time he may apply for restoration of his license as
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0011| provided in this subsection;
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0012| E. who has previously been afflicted with or who is
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0013| suffering from any mental disability or disease [which]
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0014| that would render him unable to drive a motor vehicle with
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0015| safety upon the highways and who has not, at the time of
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0016| application, been restored to health;
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0017| F. who is required by the Motor Vehicle Code to
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0018| take an examination, unless he has successfully passed the
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0019| examination;
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0020| G. who is required under the laws of this state to
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0021| deposit proof of financial responsibility and who has not
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0022| deposited the proof;
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0023| H. when the director has good cause to believe that
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0024| the operation of a motor vehicle on the highways by the person
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0025| would be inimical to public safety or welfare; [or]
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0001| I. as a motorcycle driver who is less than eighteen
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0002| years of age and who has not presented a certificate or other
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0003| evidence of having successfully completed a motorcycle driver-
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0004| education program licensed or offered in conformance with
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0005| regulations of the bureau; or
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0006| J. who is under the age of eighteen and who does
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0007| not at the time of application present documentation acceptable
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0008| to the division that the person:
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0009| (1) has graduated from a secondary school of
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0010| this state or any other state;
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0011| (2) is enrolled in and regularly attending a
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0012| secondary school or home school of this state or any other
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0013| state;
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0014| (3) is enrolled in and making satisfactory
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0015| progress in a course leading to a general educational
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0016| development certificate or has obtained such certificate; or
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0017| (4) is excused from school pursuant to
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0018| Subsection A of Section 22-12-2 NMSA 1978."
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0019| Section 5. Section 66-5-30 NMSA 1978 (being Laws 1978,
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0020| Chapter 35, Section 252, as amended) is amended to read:
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0021| "66-5-30. AUTHORITY OF DIVISION TO SUSPEND OR REVOKE
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0022| LICENSE.--
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0023| A. The division is authorized to suspend the
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0024| license of a driver without preliminary hearing upon a showing
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0025| by its records or other sufficient evidence that the licensee:
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0001| (1) has been convicted of an offense for which
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0002| mandatory revocation of license is required upon conviction;
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0003| (2) has been convicted as a driver in any
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0004| accident resulting in the death or personal injury of another
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0005| or serious property damage;
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0006| (3) has been convicted with such frequency of
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0007| offenses against traffic laws or regulations governing motor
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0008| vehicles as to indicate a disrespect for traffic laws and a
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0009| disregard for the safety of other persons on the highways;
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0010| (4) is an habitually reckless or negligent
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0011| driver of a motor vehicle;
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0012| (5) is incompetent to drive a motor vehicle;
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0013| (6) has permitted an unlawful or fraudulent
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0014| use of the license;
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0015| (7) has been convicted of an offense in
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0016| another state which if committed in this state would be grounds
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0017| for suspension or revocation;
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0018| (8) has violated provisions stipulated by a
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0019| district court in limitation of certain driving privileges;
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0020| (9) has failed to fulfill a signed promise to
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0021| appear or notice to appear in court as evidenced by notice from
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0022| a court, whenever appearance is required by law or by the court
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0023| as a consequence of any charge or conviction under the Motor
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0024| Vehicle Code;
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0025| (10) has failed to pay a penalty assessment
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0001| within thirty days of the date of issuance; or
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0002| (11) has accumulated seven points, but less
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0003| than eleven points, and when the division has received a
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0004| recommendation from a municipal or magistrate judge that the
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0005| [licensee] license be suspended for a period not to exceed
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0006| three months.
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0007| B. Upon suspending the license of any person as
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0008| authorized in this section, the division shall immediately
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0009| notify the licensee in writing and upon his request shall
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0010| afford him an opportunity for a hearing as early as practicable
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0011| within not to exceed twenty days, not counting Saturdays,
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0012| Sundays and legal holidays, after receipt of the request in the
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0013| county wherein the licensee resides unless the division and the
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0014| licensee agree that the hearing may be held in some other
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0015| county; provided that the hearing request is received within
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0016| twenty days from the date that the suspension was deposited in
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0017| the United States mail. The director may, in his discretion,
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0018| extend the twenty-day period. Upon the hearing, the director
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0019| or his duly authorized agent may administer oaths and may issue
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0020| subpoenas for the attendance of witnesses and the production of
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0021| relevant books and papers and may require a reexamination of
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0022| the licensee. Upon the hearing, the division shall either
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0023| rescind its order of suspension or, good cause appearing
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0024| therefor, may continue, modify or extend the suspension of the
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0025| license or revoke the license.
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0001| C. The division is authorized to suspend the
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0002| license of a licensee under the age of eighteen without a
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0003| hearing whenever:
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0004| (1) the licensee withdraws from school as
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0005| defined in the Compulsory School Attendance Law;
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0006| (2) the division receives from the certified
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0007| school administrator or the chief administrator of the
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0008| licensee's school, notification that the student has withdrawn;
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0009| and
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0010| (3) the division within five days of receipt
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0011| of the notice from the certified school administrator or chief
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0012| administrator sends notice by certified mail, return receipt
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0013| requested, to the licensee that his license shall be
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0014| suspended."
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0015|
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