FIFTY-THIRD LEGISLATURESB 55/a

FIRST SESSION, 2017



February 8, 2017


Mr. President:


    Your JUDICIARY COMMITTEE, to whom has been referred


SENATE BILL 55, as amended


has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:


    1. Strike Senate Public Affairs Committee Amendments 2 and 4.


    2. On page 1, line 12, strike ", CARELESS DRIVING".


    3. On page 1, between lines 15 and 16, insert:


    "SECTION 1. Section 3-17-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-16-1, as amended) is amended to read:


    "3-17-1. ORDINANCES--PURPOSES.--The governing body of a municipality may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of:


         A. effecting or discharging the powers and duties conferred by law upon the municipality;


         B. providing for the safety, preserving the health, promoting the prosperity and improving the morals, order, comfort and convenience of the municipality and its inhabitants; and


         C. enforcing obedience to the ordinances by prosecution in the municipal court and metropolitan courts and upon conviction the imposition of:


             (1) except for those violations of ordinances described in Paragraphs (2) [and (3)] through (4) of this subsection, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days, or both;


             (2) for a violation of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than three hundred sixty-four days, or both; [and]


             (3) for a second or subsequent violation of an ordinance prohibiting reckless driving, a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one hundred eighty days, or both; and


             [(3)] (4) for violations of an industrial user wastewater pretreatment ordinance as required by the United States environmental protection agency, a fine of not more

than one thousand dollars ($1,000) a day for each violation."".


    4. On page 2, strike lines 13 through 25 in their entirety.


    5. On page 3, strike lines 1 through 4 in their entirety.


    6. Renumber the succeeding sections accordingly.




                               Respectfully submitted,



                               ___________________________________

                               Richard C. Martinez, Chairman




Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)



                  Date ________________________



The roll call vote was 8 For 2 Against

Yes:     8

No:      Martinez, McSorley

Excused: Moores

Absent:  None



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