HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 87

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO ALCOHOLIC BEVERAGE SALES; PROHIBITING THE POSSESSOR OF AN IGNITION INTERLOCK LICENSE FROM PURCHASING ALCOHOL; REQUIRING IGNITION INTERLOCK LICENSES AND CERTAIN IDENTIFICATION CARDS TO INDICATE THAT THE PURCHASE OF ALCOHOLIC BEVERAGES IS PROHIBITED; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.

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

     SECTION 1. Section 66-5-405 NMSA 1978 (being Laws 1978, Chapter 35, Section 332, as amended) is amended to read:

     "66-5-405. CONTENTS OF CARD.--

          A. The identification card shall adequately describe the registrant and bear [his] the registrant's picture that shall show a full face or front view for all registrants and indicate donor status. [All identification cards of persons under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one.] The identification card shall bear the following statement:

                                  "STATE OF NEW MEXICO IDENTIFICATION

                                  CARD NO.____________

This card is provided solely for the purpose of establishing that the bearer described on the card was not the holder of a New Mexico driver's license as of the date of issuance of this card. This identification card is not a license. ISSUED FOR IDENTIFICATION PURPOSES ONLY".

          B. An identification card of a person under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one.

          C. An identification card of a person whose driver's license is revoked for driving under the influence of intoxicating liquor or drugs or for a violation of the Implied Consent Act shall have a printed legend, displayed in such a manner as to be easily read by any person inspecting the license, indicating that the person is prohibited from purchasing alcoholic beverages."

     SECTION 2. Section 66-5-502 NMSA 1978 (being Laws 2003, Chapter 239, Section 2, as amended by Laws 2007, Chapter 316, Section 2 and by Laws 2007, Chapter 317, Section 3 and also by Laws 2007, Chapter 319, Section 48) is amended to read:

     "66-5-502. DEFINITIONS.--As used in the Ignition Interlock Licensing Act:

          A. "denied" means the division has refused to issue an instruction permit, driver's license or provisional license pursuant to the provisions of Subsection D or E of Section

66-5-5 NMSA 1978;

          B. "ignition interlock device" means a device, approved by the traffic safety bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person;

          C. "ignition interlock license" means a driver's license issued to a person by the division that allows that person to operate a motor vehicle with an ignition interlock device after that person's driving privilege or driver's license has been revoked or denied [The division shall clearly mark an ignition interlock license to distinguish it from other driver's licenses] but prohibits the person from purchasing alcohol; and

          D. "revoked" means the division, pursuant to the provisions of Section 66-5-29 or 66-8-111 NMSA 1978, has terminated a person's driving privilege or driver's license for driving while under the influence of intoxicating liquor or drugs."

     SECTION 3. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3, as amended) is amended to read:

     "66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS--EXCLUSIONS.--

          A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply for an ignition interlock license from the division.

          B. An applicant for an ignition interlock license shall:

                (1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and

                (2) sign an affidavit acknowledging that:

                     (a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;

                     (b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act; and

                     (c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.                            C. A person driving with an ignition interlock license is prohibited from purchasing alcoholic beverages. An ignition interlock license shall be clearly marked to distinguish it from other driver's licenses and shall have a printed legend, displayed in such a manner as to be easily read upon inspection of the license, indicating that the person is prohibited from purchasing alcoholic beverages.

          [C.] D. A person who has been convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license."

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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