Analysis

Synopsis:

 Senate Bill 7 (SB 7) changes the penalties for the suspension of a driver's license under the Motor Vehicle Code.

Analysis:

 Senate Bill 7 (SB 7) relates to driver's licenses. SB changes sections of the Motor Vehicle code to change the penalties for the suspension of a driver's license.

Changed Law: Suspending Privileges of Nonresidents-Reporting Convictions Failures to Appear-Failures to Pay, Section 66-5-25 NMSA 1978.

SB 7 changes the title of this section to: 
•	Suspending Privileges of Nonresidents-Reporting Convictions, Section 66-5-25 NMSA 1978.

Authorizes the Motor Vehicle Division, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to:
•	forward the record to the motor vehicle administrator in the state wherein the person convicted is a resident.

Authorizes the Motor Vehicle Division, upon a request by a tribe, to:
•	forward to a tribal court or other authority, as specified in an applicable intergovernmental agreement, the record of the conviction in this state of a resident driver of a motor vehicle, who is subject to the jurisdiction of the tribe, of any offense under the Motor Vehicle Code.

Removed Content:
•	...or of notice of failure to appear or upon a determination by the division of failure to pay a penalty assessment.


Changed Law: Suspending Resident's License Conviction Failure to Appear-Failure to pay in Another State or Tribal Jurisdiction, Section 66-5-26 NMSA 1978.

SB 7 changes the title of this section to:
•	Suspending Resident's License-Automatic Reinstatement Without Fee.

SB 7 allows a person whose driver's license was suspended solely for nonpayment or failure to appear prior to July 1, 2021, and who is otherwise eligible to drive, to have the person's driver's license reinstated and will not be required to pay a reinstatement fee.

Removed Content:
•	In addition, the division is authorized to suspend the license of a resident of this state, or the privilege of a nonresident to drive a motor vehicle in this state, upon receiving notice of failure to appear or pay a penalty assessment imposed by a tribe or imposed in another state that is a signatory of the Nonresident Violator Compact with New Mexico.


Changed Law: Authority of Division to Suspend or Revoke License, Section, 66-5-30 NMSA 1978.

Allows the Motor Vehicle Division to issue an administrative suspension of the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including:
•	information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to comply with the terms of a citation issued in a foreign jurisdiction that is a party to the Nonresident Violator Compact and that has notified the department of the failure in accordance with the Nonresident Violator Compact.

Removed Content: 
•	(1) fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state court or tribal court, whenever appearance is required by law or by the court as a consequence of a charge or conviction under the Motor Vehicle Code or pursuant to the laws of the tribe; 
•	(2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe.


Changed Law: Period of Suspension or Revocation, Section, 66-5-32 NMSA 1978.

Now prohibits the Motor Vehicle Division from suspending a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except:
•	as permitted under Sections 60-7B-1, 66-5-5, 66-5-39 and 66-5-39.1 NMSA 1978.

Removed Content:
•	The suspension period for failure to appear or failure to remit the penalty assessment will, at the discretion of the director, be extended indefinitely subject to the provisions of Subsection B of Section 66-5-30 NMSA 1978.
•	Also removes a reference to an exception under Subsection C.

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