SENATE BILL 94

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

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO BOATING; SETTING A PENALTY FOR FAILURE TO WEAR A PERSONAL FLOTATION DEVICE.

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

     SECTION 1. Section 66-12-23 NMSA 1978 (being Laws 1963, Chapter 45, Section 9, as amended) is amended to read:

     "66-12-23. PENALTIES--EXCEPTION.--

          A. A person who violates a provision of the Boat Act or a regulation of the state parks division of the energy, minerals and natural resources department promulgated pursuant to that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978, except as indicated in Subsection B of this section.

          B. A person who is found guilty of failure to wear a flotation device, whether by statute or regulation, is guilty of a penalty assessment misdemeanor and shall be assessed a penalty of twenty-five dollars ($25.00).

          C. The provisions of Subsection B of this section do not affect the penalty required for a violation of Section 66-12-7.1 NMSA 1978."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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