The Governor vetoed HB192 today with a thoughtful response:
Honorable Speaker Egolf and Members of the House:
Pursuant to my authority under Article IV, Section 22 of the New Mexico Constitution, I have vetoed HOUSE BILL 192, as amended ("HB 192"), enacted by the Fifty-Fourth Legislature, First Sessiom, 2019.
I strongly support the provisions of HB 192 that requires drivers to pass cyclists at a reasonable speed and while keeping a safe distance of no less than five feet. However, I cannot support the provision added to HB 192 at the last minute, which requires bicyclists "to the extent practicable" to avoid riding in the roadway if a separate bike lane or path is provided near the roadway. This provision is ambiguous, and its broad wording may lead to unintended consequences including widely varying enforcement.
Although it is vital that we make our roads safer for cyclists, the ambiguous provision added to HB 192 does not give sufficiently clear guidance to cyclists and law enforcement with respect to what conduct by cyclists is or is not permitted. I urge the Legislature to take up this issue again soon and fix the ambiguities that were fatal to HB 192.
Respectfully yours,
Michelle Lujan Grisham
Governor
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My statement on this development is as follows:
HB192 was a bill that mandated motorists pass cyclists with five feet of clearance. As the bill made its way successfully though the House to the Senate it seemed as is we were going to see New Mexico take a step forward with regard to cyclists' safety. At the last minute, before the bill was to be voted on by the full Senate, it's last hurdle, a detrimental amendment was added. That amendment called into question cyclists' right to choose where to ride. With vague wording, this amendment ruined the bill for many safe cycling advocates. Today, Governor Michelle Lujan Grisham vetoed HB192 with a thoughtful statement. Advocates across the State want to thank the Governor, those who shepherded HB 192 through this year's legislative process and all who participated in the debate about this amendment. We hope that the next legislative session will see passage of a clean 5' to pass bill and that, with the Governor's backing, additional efforts will be made to improve traffic safety for all.
Jennifer Buntz