45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO BOATING; ENACTING THE BOATING WHILE INTOXICATED ACT; PRESCRIBING PENALTIES FOR BOATING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AUTHORIZING TESTING OF A PERSON'S BLOOD OR BREATH FOR ALCOHOL OR DRUGS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 15 of this act may be cited as the "Boating While Intoxicated Act".

Section 2. [NEW MATERIAL] OPERATING A MOTORBOAT OR VESSEL WHILE UNDER THE INFLUENCE.--

A. It is unlawful for any person to operate a motorboat or vessel or manipulate any water skis, surfboard or similar device while:

(1) under the influence of intoxicating liquor or any narcotic drug, barbiturate or marijuana;

(2) the alcohol concentration in the person's blood or breath is eight hundredths or more if he is twenty-one years of age or older; or

(3) the alcohol concentration in the person's blood or breath is two hundredths or more if he is less than twenty-one years of age.

B. It is unlawful for the owner of a motorboat or vessel to permit the motorboat or vessel to be operated by any other person if the person is under the influence of intoxicating liquor or drugs.

C. Aggravated boating under the influence of intoxicating liquor or drugs consists of a person who:

(1) has an alcohol concentration of sixteen hundredths or more in his blood or breath while operating a motorboat or vessel or manipulating any water skis, surfboard or similar device;

(2) has caused bodily injury to a human being as a result of the unlawful operation of a motorboat or vessel or manipulation of any water skis, surfboard or similar device while under the influence of intoxicating liquor or drugs; or

(3) refused to submit to chemical testing, as provided for in Sections 8 through 14 of the Boating While Intoxicated Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs.

D. Every person under first conviction under this section shall be punished, notwithstanding the provisions of Sections 31-18-13 and 66-12-23 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year. Upon a first conviction under this section, an offender may be sentenced to not less than forty-eight hours of community service or a fine of three hundred dollars ($300). The offender shall be ordered by the court to participate in and complete, within a time specified by the court, an alcohol and drug abuse screening program and, if necessary, a treatment program approved by the court. The offender shall be ordered by the court to attend a boating safety course approved by the national association of state boating law administrators. The court shall not suspend, defer or take under advisement participation in or completion of a drug abuse screening program or the boating safety course. In addition to those penalties, when an offender commits aggravated boating under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. Any jail sentence imposed under this subsection for failure to complete, within a time specified by the court, any community service, screening program, treatment program or boating safety course ordered by the court or for aggravated boating under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a first conviction under this section, any time spent in jail for the offense prior to the conviction for that offense shall be credited to any term of imprisonment fixed by the court. A deferred sentence under this subsection shall be considered a first conviction for the purpose of determining subsequent convictions.

E. Upon a conviction for a first offense, in addition to any other penalties, fines, fees or costs imposed for a violation of this section, the court shall order the person to not operate a motorboat or vessel or manipulate any water skis, surfboard or similar device for ninety days if the person is twenty-one years of age or older and for one hundred eighty days if the person is under twenty-one years of age.

F. A second or third conviction under this section shall be punished, notwithstanding the provisions of Sections 31-18-13 and 66-12-23 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence:

(1) upon a second conviction, each offender shall be sentenced to a jail term of not less than seventy-two consecutive hours, forty-eight hours of community service and a fine of five hundred dollars ($500). In addition to those penalties, when an offender commits aggravated boating under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than ninety-six hours. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional seven consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended, deferred or taken under advisement; and

(2) upon a third conviction, an offender shall be sentenced to a jail term of not less than thirty consecutive days and a fine of seven hundred fifty dollars ($750). In addition to those penalties, when an offender commits aggravated boating while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days. If an offender fails to complete, within a time specified by the court, any screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty days in jail. A penalty imposed pursuant to this paragraph shall not be suspended, deferred or taken under advisement.

G. Upon a fourth or subsequent conviction under this section, notwithstanding Section 66-12-23 NMSA 1978, an offender is guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be sentenced to a jail term of not less than six months, which shall not be suspended, deferred or taken under advisement.

H. Upon a conviction for a second or subsequent offense, in addition to any other penalties, fines, fees or costs imposed for a violation of this section, the court shall order the person to not operate a motorboat or vessel or manipulate any water skis, surfboard or similar device for a one-year period.

I. In the case of a first, second or third offense under this section, the magistrate court has concurrent jurisdiction with district courts to try the offender.

J. A conviction under a municipal or county ordinance in New Mexico or a law of any other jurisdiction, territory or possession of the United States that is equivalent to New Mexico law for boating under the influence of intoxicating liquor or drugs and that prescribes penalties for operating a motorboat or vessel or manipulating any water skis, surfboard or similar device under the influence of intoxicating liquor or drugs shall be deemed to be a conviction under this section for purposes of determining whether a conviction is a second or subsequent conviction.

K. In addition to any other fine or fee that may be imposed pursuant to the conviction or other disposition of the offense under this section, the court may order the offender to pay the costs of any court-ordered screening and treatment programs.

L. As used in this section:

(1) "bodily injury" means any injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body; and

(2) "conviction" means an adjudication of guilt and does not include imposition of a sentence.

Section 3. [NEW MATERIAL] OPERATING A MOTORBOAT OR VESSEL WHILE THE PRIVILEGE TO OPERATE IS SUSPENDED.--Any person who operates a motorboat or vessel or manipulates any water skis, surfboard or similar device in this state during the time when he has been ordered by the court to not operate a motorboat or vessel or manipulate any water skis, surfboard or similar device is guilty of a misdemeanor and upon conviction shall be sentenced to a jail term of not less than three days nor more than one hundred eighty days and a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000). Upon a second or subsequent conviction, the person shall be sentenced to a jail term of not less than ninety days nor more than three hundred sixty-four days and a fine of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000). The minimum jail term imposed by this section shall be mandatory and may not be suspended, deferred or taken under advisement. Upon a second or subsequent conviction under this section within five years after the first conviction, in addition to the penalty prescribed, the court shall order the offender to not operate a motorboat or vessel or manipulate any water skis, surfboard or similar device in this state for a period of two years after the second or subsequent conviction.

Section 4. [NEW MATERIAL] GUILTY PLEAS--LIMITATIONS.--When a complaint or information alleges a violation of Section 2 of the Boating While Intoxicated Act, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 2 of that act, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to Sections 8 through 14 of that act disclose that the blood or breath of the person charged contains an alcohol concentration of eight hundredths or more.

Section 5. [NEW MATERIAL] MUNICIPAL AND COUNTY ORDINANCES--UNLAWFUL ALCOHOL CONCENTRATION LEVEL FOR BOATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--No municipal or county ordinance prohibiting the operation of a motorboat or vessel or manipulation of water skis, surfboard or similar device while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in Section 2 of the Boating While Intoxicated Act.

Section 6. [NEW MATERIAL] BLOOD ALCOHOL TESTS--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY.--Only a physician, licensed professional or practical nurse or laboratory technician or technologist employed by a hospital or physician shall withdraw blood from any person in the performance of a blood-alcohol or drug test. No such physician, nurse, technician or technologist who withdraws blood from any person in the performance of a blood-alcohol or drug test that has been directed by any law enforcement officer, or by any judicial or probation officer, shall be held liable in any civil or criminal action for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence, nor shall any person assisting in the performance of such a test, or any hospital wherein blood is withdrawn in the performance of such a test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of any law enforcement officer, except for negligence.

Section 7. [NEW MATERIAL] BLOOD-ALCOHOL TEST--LAW ENFORCEMENT, JUDICIAL OR PROBATION OFFICER UNAUTHORIZED TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIES AUTHORIZED BY LAW.--Nothing in Sections 6 and 7 of the Boating While Intoxicated Act is intended to authorize any law enforcement officer, or any judicial or probation officer, to make any arrest or direct the performance of a blood-alcohol or drug test, except in the performance of his official duties and as otherwise authorized by law.

Section 8. [NEW MATERIAL] IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST.--

A. Any person who operates a motorboat or vessel or manipulates any water skis, surfboard or similar device within this state shall be deemed to have given consent, subject to Sections 8 through 14 of the Boating While Intoxicated Act, to chemical tests of his breath or blood or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purposes of determining the drug or alcohol content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating a motorboat or vessel or manipulating any water skis, surfboard or similar device while under the influence of an intoxicating liquor or drug.

B. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating a motorboat or vessel or manipulating any water skis, surfboard or similar device within this state while under the influence of an intoxicating liquor or drug.

Section 9. [NEW MATERIAL] CONSENT OF PERSON INCAPABLE OF REFUSAL NOT WITHDRAWN.--Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by Section 8 of the Boating While Intoxicated Act, and the test or tests designated by the law enforcement officer may be administered.

Section 10. [NEW MATERIAL] ADMINISTRATION OF CHEMICAL TEST--PAYMENT OF COSTS--ADDITIONAL TESTS.--

A. Only the persons authorized by Section 6 of the Boating While Intoxicated Act shall withdraw blood from any person for the purpose of determining its alcohol or drug content. This limitation does not apply to the taking of samples of breath.

B. The person tested shall be advised by the law enforcement officer of the person's right to be given an opportunity to arrange for a physician, licensed professional or practical nurse or laboratory technician or technologist who is employed by a hospital or physician of his own choosing to perform a chemical test in addition to any test performed at the direction of a law enforcement officer.

C. Upon the request of the person tested, full information concerning the test performed at the direction of the law enforcement officer shall be made available to him as soon as it is available from the person performing the test.

D. The agency represented by the law enforcement officer at whose direction the chemical test is performed shall pay for the chemical test.

E. If a person exercises his right under Subsection B of this section to have a chemical test performed upon him by a person of his own choosing, the cost of that test shall be paid by the agency represented by the law enforcement officer at whose direction a chemical test was administered under Section 8 of the Boating While Intoxicated Act.

Section 11. [NEW MATERIAL] USE OF TESTS IN CRIMINAL OR CIVIL ACTIONS--LEVELS OF INTOXICATION--MANDATORY CHARGING.--

A. The results of a test performed pursuant to Sections 8 through 14 of the Boating While Intoxicated Act

may be introduced into evidence in any civil action or criminal action arising out of the acts alleged to have been committed by the person tested for operating a motorboat or vessel or manipulating any water skis, surfboard or similar device while under the influence of intoxicating liquor or drugs.

B. When the blood or breath of the person tested contains:

(1) an alcohol concentration of five hundredths or less, it shall be presumed that the person was not under the influence of intoxicating liquor; or

(2) an alcohol concentration of more than five hundredths but less than eight hundredths, no presumption shall be made that the person either was or was not under the influence of intoxicating liquor. However, the amount of alcohol in the person's blood may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor.

C. When the blood or breath of the person tested contains an alcohol concentration of eight hundredths or more, the arresting officer shall charge him with a violation of Section 2 of the Boating While Intoxicated Act.

D. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.

E. The presumptions in Subsection B of this section do not limit the introduction of other competent evidence concerning whether the person was under the influence of intoxicating liquor.

F. If a person is convicted of operating a motorboat or vessel or manipulating any water skis, surfboard or similar device under the influence of intoxicating liquor or drugs, the trial judge shall be required to inquire into past convictions of the person for operating a motorboat or vessel or manipulating any water skis, surfboard or similar device while under the influence of intoxicating alcohol or drugs before sentence is entered in the matter.

Section 12. [NEW MATERIAL] REFUSAL TO SUBMIT TO CHEMICAL TESTS--GROUNDS FOR SUSPENSION OF THE CERTIFICATE OF NUMBER OF A MOTORBOAT OR VESSEL.--

A. If a person under arrest for violation of an offense enumerated in Section 2 of the Boating While Intoxicated Act refuses upon request of a law enforcement officer to submit to chemical tests designated by the agency as provided in Section 8 of that act, none shall be administered except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 8 of that act upon his finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has operated a motorboat or vessel or manipulated any water skis, surfboard or similar device while under the influence of intoxicating liquor or drugs, thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of intoxicating liquor or drugs and that chemical tests as provided in Section 8 of that act will produce material evidence in a felony prosecution.

B. The taxation and revenue department, upon receipt of a statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person is the owner of the motorboat or vessel and had been operating a motorboat or vessel under the influence of intoxicating liquor or drugs or that the owner of the motorboat or vessel knowingly authorized or permitted the arrested person to operate the motorboat or vessel while under the influence of intoxicating liquor or drugs, and that, upon his request, the person refused to submit to a chemical test after being advised that failure to submit could result in suspension of the motorboat or vessel's certificate of number, shall suspend the certificate of number of the motorboat or vessel the person was operating for a period of one year or until all conditions for reinstatement of the certificate of number are met, whichever is later.

C. The taxation and revenue department, upon receipt of a statement signed under the penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person is the owner of the motorboat or vessel and had been operating a motorboat or vessel within this state while under the influence of intoxicating liquor or drugs or that the owner of the motorboat knowingly authorized the arrested person to operate the motorboat or vessel while under the influence of intoxicating liquor or drugs, and that the person submitted to chemical testing pursuant to Section 8 of the Boating While Intoxicated Act and the test results indicated the presence of drugs in the arrested person's blood or an alcohol concentration of eight hundredths or more in the person's blood or breath if the person is twenty-one years of age or older or an alcohol concentration of two hundredths or more in the person's blood or breath if the person is less than twenty-one years of age, shall suspend the certificate of number of the motorboat or vessel that the person was operating for a period of:

(1) ninety days or until all conditions for reinstatement of the certificate of number are met, whichever is later, if the person is twenty-one years of age or older;

(2) six months or until all conditions for reinstatement of the certificate of number are met, whichever is later, if the person is less than twenty-one years of age and the certificate of number of a motorboat or vessel he was operating was not previously suspended pursuant to the provisions of this section, notwithstanding any provision of the Children's Code; or

(3) one year or until all conditions for reinstatement of the certificate of number are met, whichever is later, if the certificate of number of the motorboat or vessel he was operating was previously suspended pursuant to the provisions of this section, notwithstanding the provisions of Paragraph (1) and (2) of this subsection or any provision of the Children's Code.

D. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.

E. If the person subject to the suspension provisions of this section is a resident or will become a resident within one year and has not obtained a certificate of number for the motorboat or vessel in this state, the taxation and revenue department shall deny the certificate of number to him for the appropriate period of time as provided in Subsections B and C of this section.

F. A statement signed by a law enforcement officer, pursuant to the provisions of Subsection B or C of this section, shall be sworn to by the officer or shall contain a declaration substantially to the effect: "I hereby declare under the penalty of perjury that the information given in this statement is true and correct to the best of my knowledge." A law enforcement officer who signs a statement, knowing that the statement is untrue in any material issue or matter, is guilty of perjury as provided in Section 66-5-38 NMSA 1978.

Section 13. [NEW MATERIAL] LAW ENFORCEMENT OFFICER AGENT FOR DEPARTMENT--WRITTEN NOTICE OF SUSPENSION OF CERTIFICATE OF NUMBER.--On behalf of the taxation and revenue department, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Section 8 of the Boating While Intoxicated Act shall serve immediate written notice of suspension of the certificate of number and of the right to a hearing on the owner of the motorboat or vessel if the owner or a person the owner knowingly authorized or permitted to operate the motorboat or vessel under the influence of intoxicating liquor or drugs refuses to permit chemical testing or the results of a chemical test indicate the presence of drugs in the blood of the person operating the motorboat or vessel or an alcohol concentration of eight hundredths or more in the person's blood or breath if the person is twenty-one years of age or older or an alcohol concentration of two hundredths or more in the person's blood or breath if the person is less than twenty-one years of age. Upon serving notice of suspension, the law enforcement officer shall take the certificate of number of the motorboat or vessel, if any, and issue a temporary certificate of number valid for twenty days or, if the operator requests a hearing pursuant to Section 12 of the Boating While Intoxicated Act, valid until the date the taxation and revenue department issues the order following the hearing; provided that no temporary certificate of number shall be issued to an owner without a valid certificate of number. The law enforcement officer shall send the motorboat or vessel's certificate of number to the taxation and revenue department along with the signed statement required pursuant to Section 12 of the Boating While Intoxicated Act.

Section 14. [NEW MATERIAL] SUSPENSION OF MOTORBOAT OR VESSEL'S CERTIFICATE OF NUMBER--NOTICE--EFFECTIVE DATE--HEARING--HEARING COSTS--REVIEW.--

A. The effective date of suspension pursuant to Section 12 of the Boating While Intoxicated Act is twenty days after notice of suspension or, if the person whose motorboat or vessel's certificate of number is being suspended or denied requests a hearing pursuant to this section, the date that the taxation and revenue department issues the order following that hearing. The date of notice of suspension is:

(1) the date the law enforcement office serves written notice of suspension and of right to a hearing pursuant to Section 12 of the Boating While Intoxicated Act; or

(2) in the event the results of a chemical test cannot be obtained immediately, the date notice of suspension is served by mail to the owner of the motorboat or vessel by the taxation and revenue department. This notice of suspension and of right to a hearing shall be sent by certified mail and shall be deemed to have been served on the date borne by the return receipt showing delivery, refusal of the addressee to accept delivery or attempted delivery of the notice at the address obtained by the arresting law enforcement officer or on file with the taxation and revenue department.

B. Within ten days after receipt of notice of suspension pursuant to Subsection A of this section, a person whose motorboat or vessel's certificate of number is suspended or denied or the person's agent may request a hearing. The hearing request shall be made in writing and shall be accompanied by a payment of fifty dollars ($50.00) or a sworn statement of indigency on a form provided by the taxation and revenue department. A standard for indigency shall be established pursuant to regulations adopted by the taxation and revenue department. Failure to request a hearing within ten days shall result in forfeiture of the person's right to a hearing. Any person less than eighteen years of age who fails to request a hearing within ten days shall have notice of suspension sent to his parent, guardian or custodian by the department. A date for the hearing shall be set by the department, if practical, within thirty days after receipt of notice of suspension. The hearing shall be held in the county in which the offense for which the person was arrested took place.

C. The taxation and revenue department may postpone or continue any hearing on its own motion or upon application from the person and for good cause shown for a period not to exceed ninety days from the date of notice of suspension and provided that the department extends the validity of the temporary certificate of number for the period of the postponement or continuation.

D. At the hearing, the taxation and revenue department or its agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers.

E. The hearing shall be limited to the issues:

(1) whether the law enforcement officer had reasonable grounds to believe that the person was the owner of the motor boat or vessel and had been operating the motorboat or vessel within this state while under the influence of intoxicating liquor or drugs or that the owner of the motor boat or vessel had knowingly authorized or permitted the motorboat or vessel to be operated by a person under the influence of intoxicating liquor or drugs;

(2) whether the person who was operating the motorboat or vessel was arrested;

(3) whether this hearing is held no later than ninety days after notice of suspension; and either

(4) whether:

(a) the person operating the motorboat or vessel refused to submit to a test upon request of the law enforcement officer; and

(b) whether the law enforcement officer advised the person operating the motorboat or vessel that the failure to submit to a test could result in suspension of the motorboat or vessel's certificate of number; or

(5) whether:

(a) the chemical test was administered pursuant to the provisions of Sections 8 through 14 of Boating While Intoxicated Act; and

(b) the test results indicated the presence of drugs in the blood of the person operating the motorboat or vessel or an alcohol concentration of eight hundredths or more in the person's blood or breath if the person is twenty-one years of age or older or an alcohol concentration of two hundredths or more in the person's blood or breath if the person is less than twenty-one years of age.

F. The taxation and revenue department shall enter an order sustaining the suspension or denial of the motorboat or vessel's certificate of number if the department finds that:

(1) the law enforcement officer had reasonable grounds to believe the person was the owner of the motorboat or vessel and was operating a motorboat or vessel while under the influence of intoxicating liquor or drugs or that the owner of the motorboat or vessel had knowingly authorized or permitted the motorboat or vessel to be operated by a person under the influence of intoxicating liquor or drugs;

(2) the person operating the motorboat or vessel was arrested;

(3) this hearing is held no later than ninety days after notice of suspension; and

(4) the person operating the motorboat or vessel either refused to submit to the test upon request of the law enforcement officer after the law enforcement officer advised him that his failure to submit to the test could result in the suspension of the certificate of number of the motorboat or vessel he was operating or that a chemical test was administered pursuant to the provisions of Sections 8 through 14 of the Boating While Intoxicated Act and the test results indicated the presence of drugs in the person's blood or an alcohol concentration of eight hundredths or more if the person is twenty-one years of age or older or an alcohol concentration of two hundredths or more if the person is less than twenty-one years of age.

If one or more of the elements set forth in Paragraphs (1) through (4) of this subsection are not found by the taxation and revenue department, the certificate of number of the motorboat or vessel the person was operating shall not be suspended.

G. A person adversely affected by an order of the taxation and revenue department may seek review within thirty days in the district court in the county in which the offense for which the person was arrested took place. The district court, upon thirty days' written notice to the department, shall hear the case. On review, it is for the court to determine only whether reasonable grounds exist for suspension or denial of the certificate of number of the motorboat or vessel the person was operating based on the record of the administrative proceeding.

H. Any person less than eighteen years of age shall have results of his hearing forwarded by the taxation and revenue department to his parent, guardian or custodian.

Section 15. [NEW MATERIAL] REINSTATEMENT OF MOTORBOAT OR VESSEL'S CERTIFICATE OF NUMBER--FEE.--Whenever a certificate of number for a motorboat or vessel has been revoked for operating a motorboat or vessel while under the influence of intoxicating liquor or drugs or for the owner of the motorboat or vessel knowingly authorizing or permitting a person to operate the motorboat or vessel under the influence of intoxicating liquor or drugs, for aggravated boating while under the influence of intoxicating liquor or drugs or pursuant to Section 12 of the Boating While Intoxicated Act, a fee of one hundred dollars ($100) paid to the taxation and revenue department is a prerequisite to the reinstatement of the certificate of number.

Section 16. Section 24-1-22 NMSA 1978 (being Laws 1981, Chapter 165, Section 1) is amended to read:

"24-1-22. SCIENTIFIC LABORATORY DIVISION--TESTING METHODS--CERTIFICATION.--

A. The scientific laboratory division of the [health and environment] department of health is authorized to promulgate and approve satisfactory techniques or methods to test persons believed to be operating a motor vehicle, a motorboat or vessel or manipulating any water skis, surfboard or similar devise while under the influence of drugs or alcohol and to issue certification for operators and their instructors [which] that shall be subject to termination or revocation at the discretion of the scientific laboratory division. The scientific laboratory division is further authorized to establish or approve quality control measures for alcohol breath testing and to establish or approve standards of training necessary to assure the qualifications of individuals conducting these analyses or collections.

B. The scientific laboratory division [will] shall establish criteria and specifications for equipment, training, quality control, testing methodology, blood-breath relationships and the certification of operators, instructors and collectors of breath samples.

C. All laboratories analyzing breath, blood or urine samples pursuant to the provisions of the Implied Consent Act and the Boating While Intoxicated Act shall be certified by the scientific laboratory division. The certification shall be granted in accordance with the rules and regulations of the scientific laboratory division and shall be subject to termination or revocation for cause."

Section 17. Section 66-12-11 NMSA 1978 (being Laws 1959, Chapter 338, Section 10, as amended) is amended to read:

"66-12-11. PROHIBITED OPERATION.--[A.] No person shall operate any motorboat or vessel or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.

[B. No person shall operate any motorboat or vessel or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.]"

Section 18. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.