0001| HOUSE BILL 611 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| LORENZO A. LARRANAGA | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO MOTOR VEHICLES; AMENDING AND ENACTING CERTAIN | 0013| SECTIONS OF THE NMSA 1978 TO PROVIDE FOR SUSPENSION OF A | 0014| DRIVER'S LICENSE IF THE LICENSEE WITHDRAWS FROM SCHOOL. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Compulsory School | 0018| Attendance Law is enacted to read: | 0019| "[NEW MATERIAL] SCHOOL ATTENDANCE AS CONDITION OF | 0020| LICENSING FOR PRIVILEGE OF OPERATION OF A MOTOR VEHICLE.-- | 0021| A. As used in this section, "withdrawal" means more | 0022| than ten consecutive or fifteen days total unexcused absences | 0023| during a single semester except as provided in Subsection A of | 0024| Section 22-12-2 NMSA 1978. For the purposes of this section, | 0025| "withdrawal" includes unexcused absences due to suspension or | 0001| expulsion from school or imprisonment in a jail or penitentiary. | 0002| B. The motor vehicle division of the taxation and | 0003| revenue department shall deny a license or instruction permit | 0004| for the operation of a motor vehicle to any person under the age | 0005| of eighteen who does not at the time of application present a | 0006| diploma or other certificate of graduation issued to the person | 0007| from a high school of this state or any other state, or | 0008| documentation provided on a form approved by the department of | 0009| education indicating that the person is: | 0010| (1) enrolled and making satisfactory progress | 0011| in a course leading to a general educational development | 0012| certificate from a state-approved or tribal-approved institution | 0013| or organization, or has obtained that certificate; | 0014| (2) enrolled in a secondary school or home | 0015| school of this state or any other state; | 0016| (3) excused from school pursuant to Subsection | 0017| A of Section 22-12-2 NMSA 1978; or | 0018| (4) absent from school due to a personal or | 0019| family hardship. | 0020| C. The certified school administrator of a public | 0021| school or the chief administrator of a private school, a home | 0022| school or a state institution shall provide documentation of | 0023| enrollment status on a form approved by the department of | 0024| education upon request to any student under the age of eighteen | 0025| who is properly enrolled in a school under the jurisdiction of | 0001| the certified school administrator or the chief administrator | 0002| for presentation to the motor vehicle division of the taxation | 0003| and revenue department on application for or reinstatement of an | 0004| instruction permit or license to operate a motor vehicle. | 0005| D. Whenever a student under the age of eighteen | 0006| withdraws from school, except as provided in Subsection A of | 0007| Section 22-12-2 NMSA 1978 or for reasons related to personal or | 0008| family hardship, the certified school administrator or the chief | 0009| administrator shall notify the licensee that his license shall | 0010| be suspended under the provisions of Subsection C of Section | 0011| 66-5-30 NMSA 1978. The licensee or the parent or guardian of | 0012| the licensee shall have fifteen calendar days from the receipt | 0013| of notice of pending license suspension to request a hearing | 0014| with the certified school administrator or chief administrator, | 0015| as applicable, for the purpose of appealing. The hearing shall | 0016| be conducted within thirty calendar days after the certified | 0017| school administrator or chief administrator, as applicable, | 0018| receives the request. If the licensee or the parent or guardian | 0019| of the licensee does not request a hearing or if the appeal is | 0020| unsuccessful, the certified school administrator or chief | 0021| administrator, as applicable, shall immediately notify the motor | 0022| vehicle division of the taxation and revenue department and the | 0023| department shall suspend the licensee's driver's license." | 0024| Section 2. Section 66-5-5 NMSA 1978 (being Laws 1978, | 0025| Chapter 35, Section 227, as amended) is amended to read: | 0001| "66-5-5. PERSONS NOT TO BE LICENSED.--The division shall | 0002| not issue a driver's license under the Motor Vehicle Code to any | 0003| person: | 0004| A. who is under the age of sixteen years, except the | 0005| division may, in its discretion, issue: | 0006| (1) a restricted instruction permit or a | 0007| restricted license to ~~[students]~~ a student fourteen years of | 0008| age or over, enrolled in and attending a driver-education course | 0009| that includes a DWI education and prevention component approved | 0010| by the bureau or offered by a public school; | 0011| (2) a license to any person fifteen years of | 0012| age or older who has satisfactorily completed a driver-education | 0013| course that is approved by the bureau or offered by a public | 0014| school and that includes both a DWI education and prevention | 0015| component and practice driving; and | 0016| (3) to any person thirteen years of age or | 0017| older who passes an examination prescribed by the division, a | 0018| license restricted to the operation of a motorcycle, provided: | 0019| (a) the motor is not in excess of one | 0020| hundred cubic centimeters displacement; | 0021| (b) no holder of an initial license may | 0022| carry any other passenger while driving a motorcycle; and | 0023| (c) the director approves and certifies | 0024| motorcycles as not in excess of one hundred cubic centimeters | 0025| displacement and by regulation provides for a method of | 0001| identification of such motorcycles by all law enforcement | 0002| officers; | 0003| B. whose license or driving privilege has been | 0004| suspended or denied, during the period of suspension or denial, | 0005| or to any person whose license has been revoked, except as | 0006| provided in Section 66-5-32 NMSA 1978; | 0007| C. who is an habitual drunkard, an habitual user of | 0008| narcotic drugs or an habitual user of any drug to a degree | 0009| ~~[which]~~ that renders him incapable of safely driving a motor | 0010| vehicle; | 0011| D. who, within any ten-year period, is three times | 0012| convicted of driving a motor vehicle while under the influence | 0013| of intoxicating liquor or narcotic drug regardless of whether | 0014| the convictions are under the laws or ordinances of this state | 0015| or any municipality or county of this state or under the laws or | 0016| ordinances of any other state, the District of Columbia or any | 0017| governmental subdivision thereof. Ten years after being so | 0018| convicted for the third time, the person may apply to any | 0019| district court of this state for restoration of the license, and | 0020| the court, upon good cause being shown, may order restoration of | 0021| the license applied for; provided that the person has not been | 0022| subsequently convicted of driving a motor vehicle while under | 0023| the influence of intoxicating liquor or drug in the ten-year | 0024| period prior to his request for restoration of his license. | 0025| Upon issuance of the order of restoration, a certified copy | 0001| shall immediately be forwarded to the division, and if the | 0002| person is otherwise qualified for the license applied for, the | 0003| three previous convictions shall not prohibit issuance of the | 0004| license applied for. Should the person be subsequently once | 0005| convicted of driving a motor vehicle while under the influence | 0006| of intoxicating liquor or drug, the division shall revoke his | 0007| license for five years, after which time he may apply for | 0008| restoration of his license as provided in this subsection; | 0009| E. who has previously been afflicted with or who is | 0010| suffering from any mental disability or disease ~~[which]~~ that | 0011| would render him unable to drive a motor vehicle with safety | 0012| upon the highways and who has not, at the time of application, | 0013| been restored to health; | 0014| F. who is required by the Motor Vehicle Code to take | 0015| an examination, unless he has successfully passed the | 0016| examination; | 0017| G. who is required under the laws of this state to | 0018| deposit proof of financial responsibility and who has not | 0019| deposited the proof; | 0020| H. when the director has good cause to believe that | 0021| the operation of a motor vehicle on the highways by the person | 0022| would be inimical to public safety or welfare; ~~[or]~~ | 0023| I. as a motorcycle driver who is less than eighteen | 0024| years of age and who has not presented a certificate or other | 0025| evidence of having successfully completed a motorcycle driver-education program licensed or offered in conformance with | 0001| regulations of the bureau; or | 0002| J. who is under the age of eighteen and who does | 0003| not at the time of application present a diploma or other | 0004| certificate of graduation issued to the person from a high | 0005| school of this state or any other state, or documentation that | 0006| the person is: | 0007| (1) enrolled and making satisfactory progress | 0008| in a course leading to a general educational development | 0009| certificate from a state-approved or tribal-approved institution | 0010| or organization or has obtained such certificate; | 0011| (2) enrolled in a secondary school of this | 0012| state or any other state; | 0013| (3) excused from school pursuant to Subsection | 0014| A of Section 22-12-2 NMSA 1978; or | 0015| (4) absent from school due to a personal or | 0016| family hardship." | 0017| Section 3. Section 66-5-30 NMSA 1978 (being Laws 1978, | 0018| Chapter 35, Section 252, as amended) is amended to read: | 0019| "66-5-30. AUTHORITY OF DIVISION TO SUSPEND OR REVOKE | 0020| LICENSE.-- | 0021| A. The division is authorized to suspend the license | 0022| of a driver without preliminary hearing upon a showing by its | 0023| records or other sufficient evidence that the licensee: | 0024| (1) has been convicted of an offense for which | 0025| mandatory revocation of license is required upon conviction; | 0001| (2) has been convicted as a driver in any | 0002| accident resulting in the death or personal injury of another or | 0003| serious property damage; | 0004| (3) has been convicted with such frequency of | 0005| offenses against traffic laws or regulations governing motor | 0006| vehicles as to indicate a disrespect for traffic laws and a | 0007| disregard for the safety of other persons on the highways; | 0008| (4) is an habitually reckless or negligent | 0009| driver of a motor vehicle; | 0010| (5) is incompetent to drive a motor vehicle; | 0011| (6) has permitted an unlawful or fraudulent use | 0012| of the license; | 0013| (7) has been convicted of an offense in another | 0014| state which if committed in this state would be grounds for | 0015| suspension or revocation; | 0016| (8) has violated provisions stipulated by a | 0017| district court in limitation of certain driving privileges; | 0018| (9) has failed to fulfill a signed promise to | 0019| appear or notice to appear in court as evidenced by notice from | 0020| a court, whenever appearance is required by law or by the court | 0021| as a consequence of any charge or conviction under the Motor | 0022| Vehicle Code; | 0023| (10) has failed to pay a penalty assessment | 0024| within thirty days of the date of issuance; or | 0025| (11) has accumulated seven points, but less | 0001| than eleven points, and when the division has received a | 0002| recommendation from a municipal or magistrate judge that the | 0003| ~~[licensee]~~ license be suspended for a period not to exceed | 0004| three months. | 0005| B. Upon suspending the license of any person as | 0006| authorized in this section, the division shall immediately | 0007| notify the licensee in writing and upon his request shall afford | 0008| him an opportunity for a hearing as early as practicable within | 0009| not to exceed twenty days, not counting Saturdays, Sundays and | 0010| legal holidays, after receipt of the request in the county | 0011| wherein the licensee resides unless the division and the | 0012| licensee agree that the hearing may be held in some other | 0013| county; provided that the hearing request is received within | 0014| twenty days from the date that the suspension was deposited in | 0015| the United States mail. The director may, in his discretion, | 0016| extend the twenty-day period. Upon the hearing, the director or | 0017| his duly authorized agent may administer oaths and may issue | 0018| subpoenas for the attendance of witnesses and the production of | 0019| relevant books and papers and may require a reexamination of the | 0020| licensee. Upon the hearing, the division shall either rescind | 0021| its order of suspension or, good cause appearing therefor, may | 0022| continue, modify or extend the suspension of the license or | 0023| revoke the license. | 0024| C. The division is authorized to suspend the | 0025| license of a licensee under the age of eighteen without a | 0001| hearing whenever: | 0002| (1) the licensee withdraws from school as | 0003| defined in the Compulsory School Attendance Law; | 0004| (2) the division receives from the certified | 0005| school administrator or the chief administrator, as applicable, | 0006| of the licensee's school, notification that the student has | 0007| withdrawn for reasons other than personal or family hardship; | 0008| (3) the division within five days of receipt of | 0009| the notice from the certified school administrator or chief | 0010| administrator sends notice by certified mail, return receipt | 0011| requested, to the licensee that his license shall be suspended; | 0012| and | 0013| (4) the licensee's appeal of the pending | 0014| license suspension action to the certified school administrator | 0015| or chief administrator, as applicable, as provided in the | 0016| Compulsory School Attendance Law, is unsuccessful." | 0017| | 0018| State of New Mexico | 0019| House of Representatives | 0020| | 0021| FORTY-SECOND LEGISLATURE | 0022| SECOND SESSION, 1996 | 0023| | 0024| | 0025| February 5, 1996 | 0001| | 0002| | 0003| Mr. Speaker: | 0004| | 0005| Your JUDICIARY COMMITTEE, to whom has been referred | 0006| | 0007| HOUSE BILL 611 | 0008| | 0009| has had it under consideration and reports same with | 0010| recommendation that it DO PASS. | 0011| | 0012| Respectfully submitted, | 0013| | 0014| | 0015| | 0016| | 0017| Cisco McSorley, Chairman | 0018| | 0019| | 0020| Adopted Not Adopted | 0021| | 0022| (Chief Clerk) (Chief Clerk) | 0023| | 0024| Date | 0025| | 0001| The roll call vote was 8 For 1 Against | 0002| Yes: 8 | 0003| No: Pederson | 0004| Excused: Baca, King, McSorley, Sanchez, R.G. | 0005| Absent: None | 0006| | 0007| | 0008| | 0009| H0611JC1 |