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2009 SUMMARY OF NEW STATE LAWS – NEW MEXICO

State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 12

156

Vehicle Registrations

Relates to the Motor Vehicle Code; concerns the renewal of a vehicle registration by alternative means; provides for a discount. Effective date: July 1, 2009.

HB 31

261

Vehicle Offenses

Relates to criminal law; provides additional penalties for unlawful taking of a vehicle or motor vehicle; creates new criminal offenses of embezzlement of a vehicle or motor vehicle and fraudulently obtaining a vehicle or motor vehicle; includes offenses relating to motor vehicles in the criminal offense of racketeering; provides for sentencing enhancements if an unlawfully obtained vehicle or motor vehicle is used in the commission of a felony. (See also Senate Bill 26). Effective date: July 1, 2009.

HB 488

80

Title Insurance

Relates to insurance; provides for maximum title insurance rates and maximum fees; replaces the annual title insurance hearing with a biennial hearing; requires coverage for defects not shown by the public record; provides for damages from negligent title searches and examinations; prohibits inducements for the referral of title business; provides for title premium comparison guides Effective date: April 3, 2009.

SB 76

235

Workers’ Compensation

Relates to workers' compensation; provides for lump-sum settlement agreements for payments of compensation, medical benefits or both; requires approval of settlements by workers' compensation judge; provides for a limit on attorney fees in settlements for future payments of compensation or medical benefits. Effective date: July 1, 2009.

SB 114

182

State Regulation

Relates to insurance; requires insurers to submit rate and policy form filings electronically. Effective date: June 19, 2009.

SB 230

200

Commercial Auto

Relates to commercial vehicle drivers; updates, clarifies and reorganizes sections of the motor vehicle code applying to commercial motor vehicle drivers; increases penalties for certain violations; reorganizes conviction reporting requirements that apply only to commercial vehicle drivers. Effective date: Varies.

SB 275

254

DUI

Relates to driving under the influence of intoxicating liquor or drugs; requires a minimum of six months of alcohol-free driving with an ignition interlock device before reinstatement of a driver's license. Effective date: July 1, 2009.

SB 303

252

Workers’ Compensation

Relates to the Occupational Disease Disablement Law; requires certain diseases and injuries, including certain cancers, to be presumed to be caused by employment for certain firefighters; providing exceptions; establishes burden of proof for defenses; requires workers' compensation reimbursement in certain situations. Effective date: July 1, 2009.

SB 379

53

Off-Road Vehicles

Relates to motor vehicles; amends sections of the off-highway motor vehicle act to provide for regulation of the operation of off-highway vehicles to ensure their safe and responsible operation; amends, repealing and enacting sections of the NMSA 1978; provides penalties; makes appropriations; declares an emergency. Effective date: April 1, 2009.

SJM 61

Ignition Interlock Devices

Requests the Traffic Safety Bureau of the Department of Transportation to convene a task force to study the current effectiveness of ignition interlock requirements, identify any ambiguity in the law and make recommendations to strengthen the requirements and induce positive behavior change in offenders. Effective date: March 16, 2009.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.