0001|                           HOUSE BILL 1275
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           DAVID M. PARSONS
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO MINORS; PROVIDING FOR LOSS OF CERTAIN PRIVILEGES
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0012|     UPON WITHDRAWAL FROM SCHOOL PRIOR TO GRADUATION; AMENDING AND
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0013|     ENACTING SECTIONS OF THE NMSA 1978.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  [<u>NEW MATERIAL</u>]  Any person under the age of
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0017|     eighteen who is not in compliance with the attendance
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0018|     requirements of the Compulsory School Attendance Law shall not
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0019|     be included in the calculation of any other person's state or
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0020|     federal public assistance, including food stamps, supplemental
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0021|     security income, temporary assistance for needy families or
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0022|     medicaid.
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0023|          Section 2.  A new section of the Compulsory School
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0024|     Attendance Law is enacted to read:
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0025|          "[<u>NEW MATERIAL</u>]  DOCUMENTATION OF SCHOOL ATTENDANCE.--
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0001|               A.  As used in this section, "withdraws from school"
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0002|     means having more than ten consecutive or fifteen days total
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0003|     unexcused absences during a single semester, including
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0004|     unexcused absences due to suspension or expulsion.
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0005|               B.  The certified school administrator of a public
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0006|     school or the chief administrator of a private or home school
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0007|     shall provide upon request documentation of enrollment and
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0008|     attendance status on a form approved by the motor vehicle
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0009|     division of the taxation and revenue department to any student
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0010|     under the age of eighteen who is properly enrolled for
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0011|     presentation to the division on application for issuance or
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0012|     reinstatement of an instruction permit or license to operate a
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0013|     motor vehicle.
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0014|               C.  Whenever a student under the age of eighteen
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0015|     withdraws from school, except as provided in Subsection A of
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0016|     Section 22-12-2 NMSA 1978, the certified school administrator
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0017|     or the chief administrator of the private or home school shall
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0018|     notify the motor vehicle division of the taxation and revenue
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0019|     department of the student's withdrawal from school."
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0020|          Section 3.  Section 51-1-5 NMSA 1978 (being Laws 1969,
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0021|     Chapter 213, Section 2, as amended) is amended to read:
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0022|          "51-1-5.  BENEFIT ELIGIBILITY CONDITIONS.--
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0023|               A.  An unemployed individual shall be eligible to
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0024|     receive benefits with respect to any week only if he:
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0025|                    (1)  has made a claim for benefits with respect
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0001|     to such week in accordance with such regulations as the
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0002|     secretary may prescribe;
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0003|                    (2)  has registered for work at, and thereafter
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0004|     continued to report at, an employment office in accordance with
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0005|     such regulations as the secretary may prescribe, except that
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0006|     the secretary may, by regulation, waive or alter either or both
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0007|     of the requirements of this paragraph as to individuals
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0008|     attached to regular jobs and as to such other types of cases or
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0009|     situations with respect to which he finds that compliance with
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0010|     such requirements would be oppressive or would be inconsistent
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0011|     with the purposes of the Unemployment Compensation Law.  No
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0012|     such regulation shall conflict with Subsection A of Section
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0013|     51-1-4 NMSA 1978;
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0014|                    (3)  is able to work and is available for work
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0015|     and is actively seeking permanent and substantially full-time
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0016|     work in accordance with the terms, conditions and hours common
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0017|     in the occupation or business in which the individual is
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0018|     seeking work, except that the secretary may, by regulation,
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0019|     waive this requirement for individuals who are on temporary
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0020|     layoff status from their regular employment with an assurance
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0021|     from their employers that the layoff shall not exceed four
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0022|     weeks or who have an express offer in writing of substantially
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0023|     full-time work that will begin within a period not exceeding
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0024|     four weeks;
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0025|                    (4)  has been unemployed for a waiting period
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0001|     of one week.  No week shall be counted as a week of
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0002|     unemployment for the purposes of this paragraph:
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0003|                         (a)  unless it occurs within the benefit
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0004|     year that includes the week with respect to which he claims
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0005|     payment of benefits;
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0006|                         (b)  if benefits have been paid with
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0007|     respect thereto; and
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0008|                         (c)  unless the individual was eligible
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0009|     for benefits with respect thereto as provided in this section
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0010|     and Section 51-1-7 NMSA 1978, except for the requirements of
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0011|     this subsection and of Subsection E of Section 51-1-7 NMSA
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0012|     1978;
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0013|                    (5)  has, during his base period, been paid
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0014|     wages for insured work totaling not less than one and
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0015|     one-fourth his high-quarter wages;
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0016|                    (6)  has reported to an office of the division
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0017|     in accordance with the regulations of the secretary for the
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0018|     purpose of an examination and review of the individual's
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0019|     availability for and search for work, for employment
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0020|     counseling, referral and placement and for participation in a
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0021|     job finding or employability training and development program. 
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0022|     No individual shall be denied benefits under this section for
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0023|     any week that he is participating in a job finding or
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0024|     employability training and development program; and
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0025|                    (7)  participates in reemployment services,
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0001|     such as job search assistance services, if the division
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0002|     determines that the individual is likely to exhaust regular
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0003|     benefits and need reemployment services pursuant to a profiling
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0004|     system established by the division, unless the division
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0005|     determines that:
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0006|                         (a)  the individual has completed such
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0007|     services; or
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0008|                         (b)  there is justifiable cause for the
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0009|     individual's failure to participate in the services.
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0010|               B.  A benefit year as provided in Section 51-1-4
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0011|     NMSA 1978 and Subsection P of Section 51-1-42 NMSA 1978 may be
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0012|     established; provided no individual may receive benefits in a
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0013|     benefit year unless, subsequent to the beginning of the
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0014|     immediately preceding benefit year during which he received
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0015|     benefits, he performed service in "employment", as defined in
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0016|     Subsection F of Section 51-1-42 NMSA 1978, and earned
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0017|     remuneration for such service in an amount equal to the lesser
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0018|     of three-thirteenths of the individual's high-quarter wages and
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0019|     six times his weekly benefit amount.
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0020|               C.  Benefits based on service in employment defined
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0021|     in Paragraph (8) of Subsection F of Section 51-1-42 and Section
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0022|     51-1-43 NMSA 1978 are to be paid in the same amount, on the
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0023|     same terms and subject to the same conditions as compensation
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0024|     payable on the basis of other services subject to the
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0025|     Unemployment Compensation Law except that:
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0001|                    (1)  benefits based on services performed in an
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0002|     instructional, research or principal administrative capacity
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0003|     for an educational institution shall not be paid for any week
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0004|     of unemployment commencing during the period between two
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0005|     successive academic years or terms or, when an agreement
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0006|     provides for a similar period between two regular but not
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0007|     successive terms, during such period or during a period of paid
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0008|     sabbatical leave provided for in the individual's contract, to
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0009|     any individual if such individual performs such services in the
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0010|     first of such academic years or terms and if there is a
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0011|     contract or a reasonable assurance that such individual will
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0012|     perform services in any such capacity for any educational
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0013|     institution in the second of such academic years or terms;
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0014|                    (2)  benefits based on services performed for
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0015|     an educational institution other than in an instructional,
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0016|     research or principal administrative capacity shall not be paid
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0017|     for any week of unemployment commencing during a period between
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0018|     two successive academic years or terms if such services are
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0019|     performed in the first of such academic years or terms and
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0020|     there is a reasonable assurance that such individual will
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0021|     perform services for any educational institution in the second
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0022|     of such academic years or terms.  If compensation is denied to
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0023|     any individual under this paragraph and the individual was not
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0024|     offered an opportunity to perform such services for the
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0025|     educational institution for the second of such academic years
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0001|     or terms, the individual shall be entitled to a retroactive
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0002|     payment of benefits for each week for which the individual
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0003|     filed a claim and certified for benefits in accordance with the
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0004|     regulations of the division and for which benefits were denied
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0005|     solely by reason of this paragraph;
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0006|                    (3)  benefits shall be denied to any individual
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0007|     for any week that commences during an established and customary
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0008|     vacation period or holiday recess if such individual performs
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0009|     any services described in Paragraphs (1) and (2) of this
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0010|     subsection in the period immediately before such period of
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0011|     vacation or holiday recess and there is a reasonable assurance
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0012|     that such individual will perform any such services in the
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0013|     period immediately following such vacation period or holiday
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0014|     recess;
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0015|                    (4)  benefits shall not be payable on the basis
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0016|     of services specified in Paragraphs (1) and (2) of this
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0017|     subsection during the periods specified in Paragraphs (1), (2)
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0018|     and (3) of this subsection to any individual who performed such
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0019|     services in or to or on behalf of an educational institution
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0020|     while in the employ of a state or local governmental
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0021|     educational service agency or other governmental entity or
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0022|     nonprofit organization; and
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0023|                    (5)  for the purpose of this subsection, to the
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0024|     extent permitted by federal law, "reasonable assurance" means a
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0025|     reasonable expectation of employment in a similar capacity in
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0001|     the second of such academic years or terms based upon a
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0002|     consideration of all relevant factors, including the historical
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0003|     pattern of reemployment in such capacity, a reasonable
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0004|     anticipation that such employment will be available and a
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0005|     reasonable notice or understanding that the individual will be
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0006|     eligible for and offered employment in a similar capacity.
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0007|               D.  Paragraphs (1), (2), (3), (4) and (5) of
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0008|     Subsection C of this section shall apply to services performed
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0009|     for all educational institutions, public or private, for profit
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0010|     or nonprofit, which are operated in this state or subject to an
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0011|     agreement for coverage under the Unemployment Compensation Law
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0012|     of this state, unless otherwise exempt by law.
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0013|               E.  Notwithstanding any other provisions of this
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0014|     section or Section 51-1-7 NMSA 1978, no otherwise eligible
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0015|     individual is to be denied benefits for any week because he is
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0016|     in training with the approval of the division nor is such
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0017|     individual to be denied benefits by reason of application of
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0018|     provisions in Paragraph (3) of Subsection A of this section or
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0019|     Subsection C of Section 51-1-7 NMSA 1978 with respect to any
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0020|     week in which he is in training with the approval of the
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0021|     division.  The secretary shall provide, by regulation,
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0022|     standards for approved training and the conditions for
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0023|     approving such training for claimants, including any training
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0024|     approved or authorized for approval pursuant to Section
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0025|     236(a)(1) and (2) of the Trade Act of 1974, as amended, or
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0001|     required to be approved as a condition for certification of the
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0002|     state's Unemployment Compensation Law by the United States
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0003|     secretary of labor.
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0004|               F.  Notwithstanding any other provisions of this
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0005|     section, benefits shall not be payable on the basis of services
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0006|     performed by an alien unless such alien is an individual who
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0007|     was lawfully admitted for permanent residence at the time such
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0008|     services were performed, was lawfully present for the purposes
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0009|     of performing such services or was permanently residing in the
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0010|     United States under color of law at the time such services were
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0011|     performed, including an alien who was lawfully present in the
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0012|     United States as a result of the application of the provisions
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0013|     of Section 212(d)(5) of the Immigration and Nationality Act;
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0014|     provided that:
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0015|                    (1)  any information required of individuals
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0016|     applying for benefits to determine their eligibility for
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0017|     benefits under this subsection shall be uniformly required from
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0018|     all applicants for benefits; and
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0019|                    (2)  no individual shall be denied benefits
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0020|     because of his alien status except upon a preponderance of the
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0021|     evidence.
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0022|               G.  Notwithstanding any other provision of this
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0023|     section, benefits shall not be paid to any individual on the
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0024|     basis of any services substantially all of which consist of
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0025|     participating in sports or athletic events or training or
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0001|     preparing to so participate for any week that commences during
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0002|     the period between two successive sport seasons, or similar
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0003|     periods, if such individual performed such services in the
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0004|     first of such seasons, or similar periods, and there is a
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0005|     reasonable assurance that such individual will perform such
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0006|     services in the latter of such seasons or similar periods.
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0007|               H.  Students who are enrolled in a full-time course
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0008|     schedule in an educational or training institution or program,
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0009|     other than those persons in an approved vocational training
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0010|     program in accordance with Subsection E of this section, shall
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0011|     not be eligible for unemployment benefits except as provided by
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0012|     regulations promulgated by the secretary.
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0013|               I.  As used in this subsection, "seasonal ski
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0014|     employee" means an employee who has not worked for a ski area
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0015|     operator for more than six consecutive months of the previous
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0016|     twelve months or nine of the previous twelve months.  Any
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0017|     employee of a ski area operator who has worked for a ski area
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0018|     operator for six consecutive months of the previous twelve
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0019|     months or nine of the previous twelve months shall not be
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0020|     considered a seasonal ski employee.  The following benefit
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0021|     eligibility conditions apply to a seasonal ski employee:
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0022|                    (1)  except as provided in Paragraphs (2) and
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0023|     (3) of this subsection, a seasonal ski employee employed by a
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0024|     ski area operator on a regular seasonal basis shall be
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0025|     ineligible for a week of unemployment benefits that commences
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0001|     during a period between two successive ski seasons unless such
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0002|     individual establishes to the satisfaction of the secretary
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0003|     that he is available for and is making an active search for
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0004|     permanent full-time work;
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0005|                    (2)  a seasonal ski employee who has been
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0006|     employed by a ski area operator during two successive ski
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0007|     seasons shall be presumed to be unavailable for permanent new
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0008|     work during a period after the second successive ski season
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0009|     that he was employed as a seasonal ski employee; and
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0010|                    (3)  the presumption described in Paragraph (2)
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0011|     of this subsection shall not arise as to any seasonal ski
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0012|     employee who has been employed by the same ski area operator
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0013|     during two successive ski seasons and has resided continuously
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0014|     for at least twelve successive months and continues to reside
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0015|     in the county in which the ski area facility is located.
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0016|               J.  Notwithstanding any other provision of this
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0017|     section, an otherwise eligible individual shall not be denied
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0018|     benefits for any week by reason of the application of Paragraph
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0019|     (3) of Subsection A of this section because he is before any
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0020|     court of the United States or any state pursuant to a lawfully
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0021|     issued summons to appear for jury duty.
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0022|               <u>K.  Benefits shall not be paid to any individual
</u>    |
<u></u>0023| <u>    under eighteen years of age unless he is a graduate of a
</u>    |
<u></u>0024| <u>    secondary school or has obtained a general education
</u>    |
<u></u>0025| <u>    development certificate.</u>"
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0001|          Section 4.  Section 66-5-5 NMSA 1978 (being Laws 1978,
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0002|     Chapter 35, Section 227, as amended) is amended to read:
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0003|          "66-5-5.  PERSONS NOT TO BE LICENSED.--The division shall
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0004|     not issue a driver's license under the Motor Vehicle Code to
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0005|     any person:
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0006|               A.  who is under the age of sixteen years, except
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0007|     the division may, in its discretion, issue:
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0008|                    (1)  a restricted instruction permit or a
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0009|     restricted license to students fourteen years of age or over,
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0010|     enrolled in and attending a driver-education course that
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0011|     includes a DWI education and prevention component approved by
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0012|     the bureau or offered by a public school;
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0013|                    (2)  a license to any person fifteen years of
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0014|     age or older who has satisfactorily completed a driver-
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0015|     education course that is approved by the bureau or offered by a
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0016|     public school <u>and</u> that includes both a DWI education and
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0017|     prevention component and practice driving; and
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0018|                    (3)  to any person thirteen years of age or
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0019|     older who passes an examination prescribed by the division, a
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0020|     license restricted to the operation of a motorcycle, provided:
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0021|                         (a)  the motor is not in excess of one
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0022|     hundred cubic centimeters displacement;
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0023|                         (b)  no holder of an initial license may
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0024|     carry any other passenger while driving a motorcycle; and
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0025|                         (c)  the director approves and certifies
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0001|     motorcycles as not in excess of one hundred cubic centimeters
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0002|     displacement and by regulation provides for a method of
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0003|     identification of such motorcycles by all law enforcement
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0004|     officers;
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0005|               B.  whose license or driving privilege has been
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0006|     suspended or denied, during the period of suspension or denial,
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0007|     or to any person whose license has been revoked, except as
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0008|     provided in Section 66-5-32 NMSA 1978;
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0009|               C.  who is an habitual drunkard, an habitual user of
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0010|     narcotic drugs or an habitual user of any drug to a degree
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0011|     <s>[which]</s> <u>that</u> renders him incapable of safely driving a
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0012|     motor vehicle;
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0013|               D.  who, within any ten-year period, is three times
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0014|     convicted of driving a motor vehicle while under the influence
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0015|     of intoxicating liquor or narcotic drug regardless of whether
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0016|     the convictions are under the laws or ordinances of this state
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0017|     or any municipality or county of this state or under the laws
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0018|     or ordinances of any other state, the District of Columbia or
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0019|     any governmental subdivision thereof.  Ten years after being so
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0020|     convicted for the third time, the person may apply to any
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0021|     district court of this state for restoration of the license,
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0022|     and the court, upon good cause being shown, may order
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0023|     restoration of the license applied for; provided that the
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0024|     person has not been subsequently convicted of driving a motor
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0025|     vehicle while under the influence of intoxicating liquor or
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0001|     drug in the ten-year period prior to his request for
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0002|     restoration of his license.  Upon issuance of the order of
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0003|     restoration, a certified copy shall immediately be forwarded to
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0004|     the division, and if the person is otherwise qualified for the
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0005|     license applied for, the three previous convictions shall not
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0006|     prohibit issuance of the license applied for.  Should the
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0007|     person be subsequently once convicted of driving a motor
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0008|     vehicle while under the influence of intoxicating liquor or
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0009|     drug, the division shall revoke his license for five years,
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0010|     after which time he may apply for restoration of his license as
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0011|     provided in this subsection;
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0012|               E.  who has previously been afflicted with or who is
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0013|     suffering from any mental disability or disease <s>[which]</s>
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0014|     <u>that</u> would render him unable to drive a motor vehicle with
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0015|     safety upon the highways and who has not, at the time of
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0016|     application, been restored to health;
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0017|               F.  who is required by the Motor Vehicle Code to
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0018|     take an examination, unless he has successfully passed the
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0019|     examination;
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0020|               G.  who is required under the laws of this state to
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0021|     deposit proof of financial responsibility and who has not
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0022|     deposited the proof;
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0023|               H.  when the director has good cause to believe that
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0024|     the operation of a motor vehicle on the highways by the person
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0025|     would be inimical to public safety or welfare; <s>[or]</s> 
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0001|               I.  as a motorcycle driver who is less than eighteen
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0002|     years of age and who has not presented a certificate or other
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0003|     evidence of having successfully completed a motorcycle driver-
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0004|     education program licensed or offered in conformance with
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0005|     regulations of the bureau; <u>or
</u>    |
<u></u>0006| <u>              J.  who is under the age of eighteen and who does
</u>    |
<u></u>0007| <u>    not at the time of application present documentation acceptable
</u>    |
<u></u>0008| <u>    to the division that the person:
</u>    |
<u></u>0009| <u>                   (1)  has graduated from a secondary school of
</u>    |
<u></u>0010| <u>    this state or any other state;
</u>    |
<u></u>0011| <u>                   (2)  is enrolled in and regularly attending a
</u>    |
<u></u>0012| <u>    secondary school or home school of this state or any other
</u>    |
<u></u>0013| <u>    state;
</u>    |
<u></u>0014| <u>                   (3)  is enrolled in and making satisfactory
</u>    |
<u></u>0015| <u>    progress in a course leading to a general educational
</u>    |
<u></u>0016| <u>    development certificate or has obtained such certificate; or
</u>    |
<u></u>0017| <u>                   (4)  is excused from school pursuant to
</u>    |
<u></u>0018| <u>    Subsection A of Section 22-12-2 NMSA 1978</u>."
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0019|          Section 5.  Section 66-5-30 NMSA 1978 (being Laws 1978,
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0020|     Chapter 35, Section 252, as amended) is amended to read:
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0021|          "66-5-30.  AUTHORITY OF DIVISION TO SUSPEND OR REVOKE
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0022|     LICENSE.--
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0023|               A.  The division is authorized to suspend the
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0024|     license of a driver without preliminary hearing upon a showing
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0025|     by its records or other sufficient evidence that the licensee:
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0001|                    (1)  has been convicted of an offense for which
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0002|     mandatory revocation of license is required upon conviction;
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0003|                    (2)  has been convicted as a driver in any
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0004|     accident resulting in the death or personal injury of another
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0005|     or serious property damage;
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0006|                    (3)  has been convicted with such frequency of
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0007|     offenses against traffic laws or regulations governing motor
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0008|     vehicles as to indicate a disrespect for traffic laws and a
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0009|     disregard for the safety of other persons on the highways;
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0010|                    (4)  is an habitually reckless or negligent
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0011|     driver of a motor vehicle;
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0012|                    (5)  is incompetent to drive a motor vehicle;
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0013|                    (6)  has permitted an unlawful or fraudulent
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0014|     use of the license;
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0015|                    (7)  has been convicted of an offense in
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0016|     another state which if committed in this state would be grounds
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0017|     for suspension or revocation;
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0018|                    (8)  has violated provisions stipulated by a
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0019|     district court in limitation of certain driving privileges;
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0020|                    (9)  has failed to fulfill a signed promise to
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0021|     appear or notice to appear in court as evidenced by notice from
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0022|     a court, whenever appearance is required by law or by the court
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0023|     as a consequence of any charge or conviction under the Motor
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0024|     Vehicle Code;
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0025|                    (10)  has failed to pay a penalty assessment
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0001|     within thirty days of the date of issuance; or
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0002|                    (11)  has accumulated seven points, but less
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0003|     than eleven points, and when the division has received a
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0004|     recommendation from a municipal or magistrate judge that the
    |
0005|     <s>[licensee]</s> <u>license</u> be suspended for a period not to exceed
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0006|     three months.
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0007|               B.  Upon suspending the license of any person as
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0008|     authorized in this section, the division shall immediately
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0009|     notify the licensee in writing and upon his request shall
    |
0010|     afford him an opportunity for a hearing as early as practicable
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0011|     within not to exceed twenty days, not counting Saturdays,
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0012|     Sundays and legal holidays, after receipt of the request in the
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0013|     county wherein the licensee resides unless the division and the
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0014|     licensee agree that the hearing may be held in some other
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0015|     county; provided that the hearing request is received within
    |
0016|     twenty days from the date that the suspension was deposited in
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0017|     the United States mail.  The director may, in his discretion,
    |
0018|     extend the twenty-day period.  Upon the hearing, the director
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0019|     or his duly authorized agent may administer oaths and may issue
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0020|     subpoenas for the attendance of witnesses and the production of
    |
0021|     relevant books and papers and may require a reexamination of
    |
0022|     the licensee.  Upon the hearing, the division shall either
    |
0023|     rescind its order of suspension or, good cause appearing
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0024|     therefor, may continue, modify or extend the suspension of the
    |
0025|     license or revoke the license.
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0001|               <u>C.  The division is authorized to suspend the
</u>    |
<u></u>0002| <u>    license of a licensee under the age of eighteen without a
</u>    |
<u></u>0003| <u>    hearing whenever:
</u>    |
<u></u>0004| <u>                   (1)  the licensee withdraws from school as
</u>    |
<u></u>0005| <u>    defined in the Compulsory School Attendance Law;
</u>    |
<u></u>0006| <u>                   (2)  the division receives from the certified
</u>    |
<u></u>0007| <u>    school administrator or the chief administrator of the
</u>    |
<u></u>0008| <u>    licensee's school, notification that the student has withdrawn;
</u>    |
<u></u>0009| <u>    and
</u>    |
<u></u>0010| <u>                   (3)  the division within five days of receipt
</u>    |
<u></u>0011| <u>    of the notice from the certified school administrator or chief
</u>    |
<u></u>0012| <u>    administrator sends notice by certified mail, return receipt
</u>    |
<u></u>0013| <u>    requested, to the licensee that his license shall be
</u>    |
<u></u>0014| <u>    suspended.</u>"
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0015|                              
    |