New Mexico 2023 Regular Session

New Mexico House Bill HB267 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB 267~~
2		-	~~Page 1~~
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	28	+	HOUSE BILL 267
	29	+	56
	30	+	TH LEGISLATURE
	31	+	-
	32	+
	33	+	STATE
	34	+
	35	+	OF
	36	+
	37	+	NEW
	38	+
	39	+	MEXICO
	40	+
	41	+	-
	42	+	FIRST SESSION
	43	+	,
	44	+
	45	+	2023
	46	+	INTRODUCED BY
	47	+	Jason C. Harper and Harry Garcia
28	48		AN ACT
29		-	RELATING TO DRIVER'S LICENSES; PROVIDING FOR REPORTS BY
30		-	~~EXPERTS~~ TO BE USED BY THE MOTOR VEHICLE DIVISION OF THE
31		-	~~TAXATION AND~~ REVENUE DEPARTMENT IN ADDRESSING RESTRICTED
32		-	~~LICENSES; REPEALING~~ A SECTION OF THE NMSA 1978.
	49	+	RELATING TO DRIVER'S LICENSES; PROVIDING FOR REPORTS BY EXPERTS
	50	+	TO BE USED BY THE MOTOR VEHICLE DIVISION OF THE TAXATION AND
	51	+	REVENUE DEPARTMENT IN ADDRESSING RESTRICTED LICENSES; REPEALING
	52	+	A SECTION OF THE NMSA 1978.
33	53		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
34	54		SECTION 1. Section 66-5-19 NMSA 1978 (being Laws 1978,
35	55		Chapter 35, Section 241, as amended) is amended to read:
36	56		"66-5-19. RESTRICTED LICENSES.--
37	57		A. The division, upon issuing a license, may,
38		-	whenever good cause appears, impose restrictions, including
39		-	the shortening of the licensure period suitable to the
40		-	licensee's driving ability with respect to the type of or
41		-	special mechanical control devices required on a motor
42		-	vehicle that the licensee may operate or such other
43		-	restrictions applicable to the licensee as the division
44		-	determines to be appropriate to ensure the safe operation of
45		-	a motor vehicle by the licensee.
46		-	B. At age seventy-nine and thereafter, the
47		-	applicant shall renew the applicant's license on a yearly
48		-	basis at no cost to the applicant.
49		-	C. The division may either issue a special
50		-	restricted license or may set forth such restrictions upon
51		-	the usual license form. HB 267
52		-	Page 2
	58	+	whenever good cause appears, impose restrictions, including the
	59	+	shortening of the licensure period suitable to the licensee's
	60	+	driving ability with respect to the type of or special
	61	+	mechanical control devices required on a motor vehicle that the
	62	+	licensee may operate or such other restrictions applicable to
	63	+	.224177.2SA underscored material = new
	64	+	[bracketed material] = delete
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78		-	D. The division may issue a restricted license or
79		-	a restricted provisional license for driving during daylight
80		-	hours only to some visually impaired persons who fail the
81		-	usual eyesight test. The division shall evaluate the extent
82		-	of the visual impairment and the impairment's effect on the
83		-	driving ability of the applicant and the director may issue a
84		-	restricted license under the following conditions:
	90	+	the licensee as the division determines to be appropriate to
	91	+	ensure the safe operation of a motor vehicle by the licensee.
	92	+	B. At age seventy-nine and thereafter, the
	93	+	applicant shall renew the applicant's license on a yearly basis
	94	+	at no cost to the applicant.
	95	+	C. The division may either issue a special
	96	+	restricted license or may set forth such restrictions upon the
	97	+	usual license form.
	98	+	D. The division may issue a restricted license or a
	99	+	restricted provisional license for driving during daylight
	100	+	hours only to some visually impaired persons who fail the usual
	101	+	eyesight test. The [health standards advisory board created
	102	+	pursuant to the provisions of Section 66-5-6 NMSA 1978 ]
	103	+	division shall evaluate the extent of the visual impairment and
	104	+	the impairment's effect on the driving ability of the applicant
	105	+	and [based on the board's recommendations ] the director may
	106	+	issue a restricted license under the following conditions:
85	107		(1) the applicant has no record of moving
86	108		violations;
87	109		(2) the necessity of the license is shown to
88	110		the satisfaction of the director; and
89		-	(3) the applicant satisfies the provisions
90		-	of Section 66-5-206 NMSA 1978 relating to proof of financial
	111	+	(3) the applicant satisfies the provisions of
	112	+	Section 66-5-206 NMSA 1978 relating to proof of financial
91	113		responsibility.
92	114		E. The division may seek the advice of experts
93		-	necessary to advise the division on physical and mental
94		-	criteria and vision standards relating to the licensing of
95		-	drivers pursuant to the Motor Vehicle Code.
96		-	F. The division, having cause to believe that a
97		-	licensed driver or applicant may not be physically, visually
98		-	or mentally qualified to be licensed, may request a written
99		-	report on a form prescribed by the division from a health
100		-	care provider of the driver's or applicant's choice for
101		-	consideration after the licensed driver or applicant has
102		-	again undergone an on-the-road examination and any physical, HB 267
103		-	Page 3
	115	+	.224177.2SA
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129		-	visual or mental tests required by the division. These
130		-	examinations and tests shall not be waived by the division.
131		-	G. Reports received by the division for the
132		-	purpose of assisting the division in determining whether a
133		-	person is qualified to be licensed are confidential and shall
134		-	be used only by the division and shall not be divulged to any
135		-	person or used as evidence in a trial.
136		-	H. The division may, upon receiving satisfactory
137		-	evidence of any violation of the restrictions of the license,
138		-	suspend the license, but the licensee is entitled to a
139		-	hearing as upon a suspension under Sections 66-5-1.1 through
140		-	66-5-47 NMSA 1978 and as provided in the Administrative
	143	+	necessary to advise the division on physical and mental
	144	+	criteria and vision standards relating to the licensing of
	145	+	drivers pursuant to the Motor Vehicle Code.
	146	+	F. The division, having cause to believe that a
	147	+	licensed driver or applicant may not be physically, visually or
	148	+	mentally qualified to be licensed, may request a written report
	149	+	on a form prescribed by the division from a health care
	150	+	provider of the driver's or applicant's choice for
	151	+	consideration after the licensed driver or applicant has again
	152	+	undergone an on-the-road examination and any physical, visual
	153	+	or mental tests required by the division. These examinations
	154	+	and tests shall not be waived by the division.
	155	+	G. Reports received by the division for the purpose
	156	+	of assisting the division in determining whether a person is
	157	+	qualified to be licensed are confidential and shall be used
	158	+	only by the division and shall not be divulged to any person or
	159	+	used as evidence in a trial.
	160	+	[E.] H. The division may, upon receiving
	161	+	satisfactory evidence of any violation of the restrictions of
	162	+	the license, suspend the license, but the licensee is entitled
	163	+	to a hearing as upon a suspension under Sections 66-5-1.1
	164	+	through 66-5-47 NMSA 1978 and as provided in the Administrative
141	165		Hearings Office Act.
142		-	I. It is a misdemeanor for any person to operate a
143		-	motor vehicle in any manner in violation of the restrictions
144		-	imposed in a restricted license issued to the person."
145		-	SECTION 2. REPEAL.--Section 66-5-6 NMSA 1978 (being
146		-	Laws 1978, Chapter 35, Section 228, as amended) is repealed.
	166	+	[F.] I. It is a misdemeanor for any person to
	167	+	operate a motor vehicle in any manner in violation of the
	168	+	.224177.2SA
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	196	+	restrictions imposed in a restricted license issued to the
	197	+	person."
	198	+	SECTION 2. REPEAL.--Section 66-5-6 NMSA 1978 (being Laws
	199	+	1978, Chapter 35, Section 228, as amended) is repealed.
	200	+	- 4 -
	201	+	.224177.2SA