0001| HOUSE BILL 933
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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| GARY K. KING
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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 PERSONS WITH DISABILITIES; CREATING A PLACARD ABUSE
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0012| PREVENTION PROGRAM; AUTHORIZING VOLUNTEER ENFORCEMENT PROGRAMS;
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0013| CHANGING CERTAIN PROVISIONS RELATED TO DESIGNATED DISABLED
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0014| PARKING; INCREASING THE PENALTY FOR PARKING IN A DESIGNATED
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0015| DISABLED PARKING SPACE ILLEGALLY; AMENDING AND ENACTING
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0016| SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0020| through 4 of this act may be cited as the "Placard Act".
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0021| Section 2. [NEW MATERIAL] DEFINITION.--As used in the
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0022| Placard Act, "parking placard" means a display device issued by
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0023| the taxation and revenue department that indicates that the
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0024| driver or passenger of a motor vehicle has a severe mobility
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0025| impairment that allows him to park in a designated disabled
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0001| parking space.
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0002| Section 3. [NEW MATERIAL] PROGRAM CREATED.--The
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0003| "placard abuse prevention program" is created in the governor's
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0004| committee on concerns of the handicapped. The program shall:
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0005| A. monitor the system of eligibility and use of
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0006| parking placards to identify barriers to the goal of providing
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0007| safe and close parking for persons with severe mobility
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0008| impairments;
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0009| B. provide training and public awareness to address
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0010| the barriers to safe and close parking for persons with severe
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0011| mobility impairments;
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0012| C. pursue revocation of parking placards held by
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0013| persons who appear to be ineligible or permit misuse of their
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0014| parking placards;
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0015| D. contract with advocates for the rights of
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0016| persons with disabilities to conduct the activities described
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0017| in Subsections A through C of this section and to make
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0018| recommendations for improvements in governing statutes or
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0019| operating policies of entities involved with the parking
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0020| placard issuance and parking enforcement systems; and
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0021| E. provide technical assistance and training to law
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0022| enforcement agencies regarding implementation of a volunteer
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0023| enforcement program.
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0024| Section 4. [NEW MATERIAL] VOLUNTEER ENFORCEMENT
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0025| PROGRAMS AUTHORIZED.--
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0001| A. A law enforcement agency authorized to enforce
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0002| parking statutes or ordinances may appoint placard abuse
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0003| volunteers to issue citations for violations of Sections
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0004| 66-3-16.1 and 66-7-352.5 NMSA 1978 and any local parking
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0005| ordinances that make parking in a designated disabled parking
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0006| space illegal. Volunteers appointed pursuant to this
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0007| subsection shall be at least twenty-one years of age. The law
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0008| enforcement agency appointing the placard abuse prevention
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0009| volunteers may establish any other qualifications the agency
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0010| deems necessary.
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0011| B. A law enforcement agency appointing placard
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0012| abuse volunteers pursuant to this section shall provide
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0013| training to the placard abuse prevention volunteers before
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0014| authorizing them to issue citations.
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0015| C. A citation issued by a placard abuse prevention
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0016| volunteer pursuant to this section shall have the same effect
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0017| as a citation issued by a police officer for the same offense.
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0018| Section 5. Section 3-51-46 NMSA 1978 (being Laws 1973,
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0019| Chapter 22, Section 3) is amended to read:
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0020| "3-51-46. PASSENGER MOTOR VEHICLE OF DISABLED PERSON--
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0021| PARKING PRIVILEGE.--Passenger motor vehicles owned by disabled
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0022| persons and carrying special registration plates or passenger
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0023| motor vehicles carrying disabled persons with parking placards
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0024| issued pursuant to Section [64-3-12.3 NMSA 1953] 66-3-16
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0025| NMSA 1978 shall be permitted to park for unlimited periods of
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0001| time in parking zones restricted as to length of time parking
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0002| is normally permitted and are exempt from payment of any
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0003| parking meter or parking authorization fee of the state or
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0004| its political subdivisions. The provisions of this section
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0005| shall prevail over any other law, regulation or local ordinance
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0006| but do not apply to zones where stopping, standing or parking
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0007| is prohibited, zones reserved for special types of vehicles,
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0008| zones where parking is prohibited during certain hours of the
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0009| day in order to facilitate traffic during those hours when
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0010| parking is prohibited and zones subject to similar regulation
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0011| because parking presents a traffic hazard."
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0012| Section 6. Section 66-1-4.1 NMSA 1978 (being Laws 1990,
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0013| Chapter 120, Section 2) is amended to read:
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0014| "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle
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0015| Code:
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0016| A. "abandoned vehicle" means a vehicle or motor
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0017| vehicle that has been determined by a New Mexico law
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0018| enforcement agency:
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0019| (1) to have been left unattended on either
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0020| public or private property for at least thirty days;
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0021| (2) not to have been reported stolen;
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0022| (3) not to have been claimed by any person
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0023| asserting ownership; and
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0024| (4) not to have been shown by normal record
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0025| checking procedures to be owned by any person;
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0001| B. "access aisle" means an accessible pedestrian
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0002| space of at least sixty inches in width that allows side access
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0003| the length of its adjacent designated disabled parking space
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0004| and marked with blue striping; provided that van-accessible
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0005| access aisles shall be at least ninety-six inches in width;
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0006| [B.] C. "additional place of business", for
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0007| dealers and wreckers of vehicles, means locations in addition
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0008| to an established place of business as defined in Section 66-1-
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0009| 4.5 NMSA 1978 and meeting all the requirements of an
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0010| established place of business, except Paragraph (5) of
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0011| Subsection B of Section 66-1-4.5 NMSA 1978, but "additional
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0012| place of business" does not mean a location used solely for
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0013| storage and that is not used for wrecking, dismantling, sale or
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0014| resale of vehicles;
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0015| [C.] D. "alcoholic beverages" means any and all
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0016| distilled or rectified spirits, potable alcohol, brandy,
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0017| whiskey, rum, gin, aromatic bitters or any similar alcoholic
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0018| beverage, including all blended or fermented beverages,
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0019| dilutions or mixtures of one or more of the foregoing
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0020| containing more than one-half of one percent alcohol but ex-
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0021|
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0022| cluding medicinal bitters; and
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0023| [D.] E. "authorized emergency vehicle" means
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0024| any fire department vehicle, police vehicle, ambulance and any
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0025| emergency vehicles of municipal departments or public utilities
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0001| that are designated or authorized as emergency vehicles by the
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0002| director of the New Mexico state police division of the
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0003| department of public safety or local authorities."
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0004| Section 7. Section 66-1-4.4 NMSA 1978 (being Laws 1990,
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0005| Chapter 120, Section 5, as amended) is amended to read:
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0006| "66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle
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0007| Code:
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0008| A. "day" means calendar day, unless otherwise
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0009| provided in the Motor Vehicle Code;
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0010| B. "dealer", except as herein specifically
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0011| excluded, means any person who sells or solicits or advertises
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0012| the sale of new or used motor vehicles, manufactured homes or
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0013| trailers subject to registration in this state; "dealer" does
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0014| not include:
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0015| (1) receivers, trustees, administrators,
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0016| executors, guardians or other persons appointed by or acting
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0017| under judgment, decree or order of any court;
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0018| (2) public officers while performing their
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0019| duties as such officers;
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0020| (3) persons making casual sales of their own
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0021| vehicles;
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0022| (4) finance companies, banks and other lending
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0023| institutions making sales of repossessed vehicles; or
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0024| (5) licensed brokers under the Manufactured
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0025| Housing Act who, for a fee, commission or other valuable
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0001| consideration, engage in brokerage activities related to the
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0002| sale, exchange or lease purchase of pre-owned manufactured
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0003| homes on a site installed for a consumer;
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0004| C. "declared gross weight" means the maximum gross
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0005| vehicle weight or combination gross vehicle weight at which a
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0006| vehicle or combination will be operated during the registration
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0007| period, as declared by the registrant for registration and fee
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0008| purposes; the vehicle or combination shall have only one
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0009| declared gross weight for all operating considerations;
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0010| D. "department" means the taxation and revenue
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0011| department, the secretary of taxation and revenue or any
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0012| employee of the department exercising authority lawfully
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0013| delegated to that employee by the secretary;
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0014| E. "designated disabled parking space" means any
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0015| space marked and reserved for the parking of a passenger
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0016| vehicle that carries registration plates or a placard
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0017| indicating disability in accordance with Section 66-3-16 NMSA
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0018| 1978; such a place shall be designated by a conspicuously
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0019| posted sign bearing the international disabled symbol of a
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0020| wheelchair [or] and by a clearly visible depiction of this
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0021| symbol painted on the pavement of the space, and an access
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0022| aisle adjacent to the space; provided that two designated
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0023| disabled parking spaces may share a common access aisle;
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0024| F. "director" means the secretary;
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0025| G. "disqualification" means a prohibition against
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0001| driving a commercial motor vehicle;
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0002| H. "distinguishing number" means the number
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0003| assigned by the department to a vehicle whose identifying
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0004| number has been destroyed or obliterated or the number assigned
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0005| by the department to a vehicle that has never had an
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0006| identifying number;
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0007| I. "distributor" means any person who distributes
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0008| or sells new or used motor vehicles to dealers and who is not a
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0009| manufacturer;
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0010| J. "division", without further specification,
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0011| "division of motor vehicles" or "motor vehicle division" means
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0012| the department;
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0013| K. "driver" means every person who drives or is in
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0014| actual physical control of a motor vehicle, including a
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0015| motorcycle, upon a highway, who is exercising control over or
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0016| steering a vehicle being towed by a motor vehicle or who
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0017| operates or is in actual physical control of an off-highway
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0018| motor vehicle;
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0019| L. "driver's license" means a license or a class of
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0020| license issued by a state or other jurisdiction to an
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0021| individual that authorizes the individual to drive a motor
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0022| vehicle; and
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0023| M. "driveaway-towaway operation" means any
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0024| operation in which any motor vehicle, new or used, is the item
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0025| being transported when one set or more of wheels of any such
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0001| motor vehicle is on the roadway during the course of
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0002| transportation, whether or not the motor vehicle furnishes the
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0003| motive power."
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0004| Section 8. Section 66-1-4.14 NMSA 1978 (being Laws 1990,
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0005| Chapter 120, Section 15, as amended) is amended to read:
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0006| "66-1-4.14. DEFINITIONS.--As used in the Motor Vehicle
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0007| Code:
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0008| A. "park" or "parking" means the standing of a
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0009| vehicle, whether occupied or not, other than temporarily for
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0010| the purpose of and while actually engaged in loading and
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0011| unloading;
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0012| B. "parking lot" means a parking area [containing
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fifteen or more parking spaces] provided for the [free] use
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0014| of patrons of any office of state or local government or of any
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0015| public accommodation, retail or commercial establishment;
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0016| C. "parts car" means a motor vehicle generally in
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0017| nonoperable condition that is owned by a collector to furnish
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0018| parts that are usually nonobtainable from normal sources, thus
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0019| enabling a collector to preserve, restore and maintain a motor
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0020| vehicle of historic or special interest;
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0021| D. "pedestrian" means any natural person on foot;
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0022| E. "person" means every natural person, firm,
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0023| copartnership, association, corporation or other legal entity;
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0024| F. "personal information" means information that
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0025| identifies an individual, including an individual's photograph,
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0001| social security number, driver identification number, name,
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0002| address other than zip code, telephone number and medical or
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0003| disability information, but "personal information" does not
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0004| include information on vehicles, vehicle ownership, vehicular
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0005| accidents, driving violations or driver status;
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0006| G. "pneumatic tire" means every tire in which
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0007| compressed air is designed to support the load;
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0008| H. "pole trailer" means any vehicle without motive
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0009| power, designed to be drawn by another vehicle and attached to
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0010| the towing vehicle by means of a reach or pole or by being
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0011| boomed or otherwise secured to the towing vehicle and
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0012| ordinarily used for transporting long or irregularly shaped
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0013| loads such as poles, structures, pipes and structural members
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0014| capable, generally, of sustaining themselves as beams between
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0015| the supporting connections;
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0016| I. "police or peace officer" means every officer
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0017| authorized to direct or regulate traffic or to make arrests for
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0018| violations of the Motor Vehicle Code;
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0019| J. "private road or driveway" means every way or
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0020| place in private ownership used for vehicular travel by the
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0021| owner and those having express or implied permission from the
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0022| owner, but not other persons; and
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0023| K. "property owner" means the owner of a piece of
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0024| land or the agent of that property owner."
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0025| Section 9. Section 66-3-16 NMSA 1978 (being Laws 1978,
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0001| Chapter 35, Section 36, as amended) is amended to read:
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0002| "66-3-16. SPECIAL REGISTRATION PLATES--DISABLED
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0003| PERSONS [DISPLAY DEVICE] PARKING PLACARDS.--
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0004| A. The division shall issue distinctive
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0005| registration plates to any disabled person who so requests and
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0006| who proves satisfactorily to the division that he has suffered
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0007| the loss, or the complete and total loss of use of, one or both
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0008| legs at or above the ankle or of one or both arms at or above
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0009| the wrist for use on motor vehicles owned by the person. No
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0010| fee in addition to the regular registration fee, if any,
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0011| applicable to the motor vehicle shall be collected for issuance
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0012| of special registration plates pursuant to this section.
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0013| B. No person shall falsely represent himself to be
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0014| disabled so as to be eligible to be issued special
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0015| registration plates or [display devices] a parking placard
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0016| pursuant to this section when he is in fact not disabled.
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0017| C. Upon notice and opportunity to be heard,
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0018| scheduled within forty-five days of a complaint filed by the
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0019| governor's committee on concerns of the handicapped or another
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0020| concerned person, the division may revoke and demand return of
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0021| any placard when it is found that:
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0022| (1) it was issued in error or with false
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0023| information;
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0024| (2) the person receiving the placard is no
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0025| longer eligible; or
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0001| (3) the placard is being used by ineligible
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0002| persons.
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0003| [C.] D. Upon written application to the
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0004| division accompanied by a medical statement by a licensed
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0005| physician attesting to the disability, a resident of the state
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0006| who has a disability that limits or impairs the ability to
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0007| walk, as provided in Subsection [G] H of this section, may
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0008| apply for and be granted the issuance of a placard for display
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0009| upon a motor vehicle registered to him or motor vehicle owned
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0010| by another person who is transporting him. The director may
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0011| charge a reasonable fee to cover the cost of the placard and of
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0012| its issuance. The fee shall be retained by the division and
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0013| shall be appropriated to the division for expenditures incurred
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0014| in the implementation of the placard replacement program. The
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0015| application shall provide for a certification of permanence of
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0016| the mobility impairment that, if indicated by the signing
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0017| physician, shall preclude the necessity of subsequent medical
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0018| certifications on renewals. The application for a parking
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0019| placard shall be deemed to be a waiver of the doctor-patient
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0020| privilege of confidentiality to the minimum extent necessary to
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0021| verify the information contained in the application, and the
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0022| application shall advise the applicant of this waiver.
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0023| [D.] E. A parking placard issued pursuant to
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0024| this section shall expire [in no more than two years] on the
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0025| same date that the holder's driver's license or identification
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0001| card expires.
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0002| [E.] F. The division shall issue two-sided
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0003| hanger-style parking placards with the following
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0004| characteristics:
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0005| (1) the international symbol of access shall
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0006| be displayed on both sides of the parking placard and shall
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0007| be at least three inches in height, centered on the parking
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0008| placard and white on a blue [shield] field;
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0009| (2) [an identification number enabling the
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division to identify] an indelible imprinting of the driver's
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0011| license or identification card number of the holder of each
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0012| parking placard. The division shall maintain this
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0013| information including permanence of the mobility impairment,
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0014| in a readily retrievable format in the same database as used
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0015| for recording driver's license information and make it
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0016| available on demand to any law enforcement agency or the
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0017| governor's committee on concerns of the handicapped;
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0018| (3) the date of expiration; and
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0019| (4) the division seal or other identification
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0020| of the issuing authority.
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0021| [F.] G. Upon written application to the
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0022| division accompanied by a medical statement from a licensed
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0023| physician attesting to a temporary disability, a person,
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0024| whether resident or nonresident, who has a temporary
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0025| disability that limits or impairs the ability to walk may be
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0001| issued a temporary parking placard, which shall be
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0002| distinguishable in color and in appearance from parking
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0003| placards valid for [two] four years. The medical statement
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0004| shall include the period of time that the physician determines
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0005| the applicant will have the disability. A temporary parking
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0006| placard issued pursuant to this section shall be valid no more
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0007| than six months.
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0008| [G.] H. For the purpose of obtaining a
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0009| parking placard, a person with a "disability that limits or
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0010| impairs the ability to walk" means the person:
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0011| (1) cannot walk one hundred feet without
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0012| stopping to rest;
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0013| (2) cannot walk without the use of a brace, a
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0014| cane, a crutch, another person, a prosthetic device, a
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0015| wheelchair or another assistive device;
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0016| (3) is restricted by lung disease to such an
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0017| extent that the person's forced respiratory volume, when
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0018| exhaling for one second, when measured by spirometry, is less
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0019| than one liter or the arterial oxygen tension is less than
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0020| sixty millimeters on room air at rest;
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0021| (4) uses portable oxygen;
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0022| (5) has a severe cardiac condition; or
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0023| (6) is so severely limited in his ability to
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0024| walk due to an arthritic, neurologic or orthopedic condition
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0025| that the person cannot ascend or descend more than ten stair
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0001| steps.
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0002| [H.] I. Special registration plates or
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0003| parking placards issued to the disabled person by another
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0004| state or foreign jurisdiction shall be granted reciprocity
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0005| while the vehicle [and disabled operator are] or parking
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0006| placard holder is in this state. [for a period not to exceed
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thirty days
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I.] J. All parking placards shall be issued in
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0009| accordance with this section beginning on July 1, [1995]
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0010| 1997. All placards issued prior to July 1, 1995 [shall
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expire on July 1, 1996] are void."
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0012| Section 10. Section 66-3-16.1 NMSA 1978 (being Laws 1995,
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0013| Chapter 129, Section 2) is amended to read:
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0014| "66-3-16.1. PROVIDING FALSE INFORMATION FALSE USE OF
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0015| PLACARD--PENALTY PLACARD CONFISCATED.--
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0016| A. Any person who provides false information in
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0017| order to acquire, or who assists an unqualified person in
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0018| acquiring, a special registration plate or [special]
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0019| parking placard as provided in Section 66-3-16 NMSA 1978 is
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0020| guilty of a misdemeanor and shall be sentenced pursuant to the
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0021| provisions of Section [31-19-1] 66-8-7 NMSA 1978.
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0022| B. A person who uses a parking placard to park in
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0023| a designated disabled parking space and is neither the holder
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0024| of the parking placard nor assisting in the transportation of
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0025| the holder is guilty of a misdemeanor and shall be sentenced
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0001| pursuant to the provisions of Section 66-8-7 NMSA 1978. When a
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0002| law enforcement officer finds that a person is using a parking
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0003| placard that does not belong to him or his passenger, the
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0004| officer may confiscate the placard. The law enforcement agency
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0005| shall return the parking placard to the division. The division
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0006| shall hold the parking placard until it receives a written
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0007| request for its return from the parking placard holder. The
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0008| division shall retain a record of the identification numbers of
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0009| confiscated parking placards. Failure to surrender the parking
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0010| placard on demand of a law enforcement officer is a petty
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0011| misdemeanor and punishable by a fine not to exceed three
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0012| hundred dollars ($300)."
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0013| Section 11. Section 66-5-408 NMSA 1978 (being Laws 1978,
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0014| Chapter 35, Section 335, as amended) is amended to read:
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0015| "66-5-408. FEES.--
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0016| A. Upon application for an identification card,
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0017| there shall be paid to the division a fee of five dollars
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0018| ($5.00), but no fee shall be charged to an applicant for an
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0019| identification card if the applicant is at least seventy-five
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0020| years of age or eligible for a registration plate or parking
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0021| placard pursuant to Section 66-3-16 NMSA 1978.
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0022| B. The department with the approval of the governor
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0023| may increase the amount of the identification card fee by an
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0024| amount not to exceed three dollars ($3.00) for the purpose of
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0025| implementing an enhanced licensing system. The additional
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0001| amounts collected pursuant to this subsection are appropriated
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0002| to the division to defray the expense of the new system of
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0003| licensing."
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0004| Section 12. Section 66-7-352.4 NMSA 1978 (being Laws
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0005| 1983, Chapter 45, Section 4) is amended to read:
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0006| "66-7-352.4. PARKING LOTS--STANDARDS.--
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0007| A. Every parking lot coming under the provisions of
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0008| the Disabled Parking Standards and Enforcement Act shall have
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0009| designated disabled parking spaces, including access aisles,
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0010| as provided in Subsection B of this section [provided that an
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office of state or local government shall have a minimum of one
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such parking space]. No building permit shall be issued by
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0013| the state or any local government for the construction or
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0014| substantial renovation of a commercial building inviting public
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0015| access unless the parking lot has designated disabled parking
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0016| spaces as delineated in Subsection B of this section.
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0017| B. The minimum numbers of designated disabled
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0018| parking spaces are as follows:
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0019| TOTAL SPACES IN PARKING LOT MINIMUM DESIGNATED
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0020| DISABLED
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0021| PARKING SPACES
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0022| [0 to 14 0
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15] 1 to 25 1
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0024| 26 to 35 2
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0025| 36 to 50 3
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0001| 51 to 100 4
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0002| 101 to 300 8
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0003| 301 to 500 12
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0004| 501 to 800 16
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0005| 801 to 1,000 20
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0006| more than 1,000 20, plus [3]
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0007| 1 for each
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0008| additional
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0009| [1,000] 100.
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0010| The designated disabled parking spaces shall be located so as
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0011| to provide the most convenient access to entranceways or to the
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0012| nearest curb cut. One of every eight designated disabled
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0013| parking spaces, but not less than one, shall be designated as
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0014| van accessible."
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0015| Section 13. Section 66-7-352.5 NMSA 1978 (being Laws
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0016| 1983, Chapter 45, Section 5, as amended) is amended to read:
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0017| "66-7-352.5. UNAUTHORIZED USE--PENALTY. [A.] It is
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0018| unlawful for any person to park a motor vehicle not carrying
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0019| special registration plates or a parking placard indicating
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0020| disability in accordance with Section 66-3-16 NMSA 1978 in a
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0021| designated disabled parking space [or blocking a curb cut].
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0022| It is unlawful for any person to park a vehicle with or
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0023| without a special registration plate or parking placard in a
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0024| position that blocks a curb cut or access aisle. Any person
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0025| who violates this subsection is subject to a [fifty-dollar
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($50.00)] three hundred dollar ($300) fine and the vehicle
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0002| may be towed at the owner's expense.
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0003| [B. A person charged with a violation of Subsection
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A of this section shall not be determined to have committed an
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infraction if he produces in court special disabled
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registration plates or a placard indicating disability in
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accordance with Section 66-3-16 NMSA 1978 or demonstrates he
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was entitled to such at the time of the violation.]"
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0009| Section 14. APPROPRIATION.--Two hundred thousand dollars
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0010| ($200,000) is appropriated from the general fund to the
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0011| governor's committee on concerns of the handicapped for
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0012| expenditure in fiscal year 1998 to implement the provisions of
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0013| the Placard Abuse Act. Any unexpended or unencumbered balance
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0014| remaining at the end of fiscal year 1998 shall revert to the
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0015| general fund.
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0016| Section 15. EFFECTIVE DATE.--The effective date of the
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0017| provisions of this act is July 1, 1998.
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0018|
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0019|
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0020| State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| February 27, 1997
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0003|
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0004|
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0005| Mr. Speaker:
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0006|
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0007| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0008| whom has been referred
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0009|
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0010| HOUSE BILLS 933, 31 & 557
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0011|
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0012| has had them under consideration and reports same with
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0013| recommendation that they DO NOT PASS, but that
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0014|
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0015| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
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0016| SUBSTITUTE FOR HOUSE BILLS 933, 31 & 557
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0017|
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0018| DO PASS, and thence referred to the JUDICIARY
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0019| COMMITTEE.
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0020|
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002|
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0003|
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0004| Gary King, Chairman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008| (Chief Clerk)
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0009| (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 7 For 0 Against
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0014| Yes: 7
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0015| Excused: Rios, Sandel, Vigil
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0016| Absent: None
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0017|
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0018| G:\BILLTEXT\BILLW_97\H0933 HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0019| HOUSE BILLS 933, 31 & 557
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0020| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0021|
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| AN ACT
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0004| RELATING TO PERSONS WITH DISABILITIES; CREATING A PLACARD ABUSE
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0005| PREVENTION PROGRAM; AUTHORIZING VOLUNTEER ENFORCEMENT PROGRAMS;
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0006| CHANGING CERTAIN PROVISIONS RELATED TO DESIGNATED DISABLED
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0007| PARKING; INCREASING THE PENALTY FOR PARKING IN A DESIGNATED
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0008| DISABLED PARKING SPACE ILLEGALLY; AMENDING AND ENACTING
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0009| SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
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0010|
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0011| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0012| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0013| through 4 of this act may be cited as the "Placard Act".
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0014| Section 2. [NEW MATERIAL] DEFINITION.--As used in the
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0015| Placard Act, "parking placard" means a display device issued by
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0016| the taxation and revenue department that indicates that the
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0017| driver or passenger of a motor vehicle has a severe mobility
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0018| impairment as defined in Subsection H of Section 66-3-16 NMSA
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0019| 1978 that allows him to park in a designated disabled parking
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0020| space.
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0021| Section 3. [NEW MATERIAL] PROGRAM CREATED.--The
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0022| "placard abuse prevention program" is created in the governor's
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0023| committee on concerns of the handicapped. The program shall:
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0024| A. monitor the system of eligibility and use of
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0025| parking placards to identify barriers to the goal of providing
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0001| safe and close parking for persons with severe mobility
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0002| impairments;
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0003| B. provide training and public awareness to address
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0004| the barriers to safe and close parking for persons with severe
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0005| mobility impairments;
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0006| C. pursue revocation of parking placards held by
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0007| persons who appear to be ineligible or permit misuse of their
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0008| parking placards;
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0009| D. contract with advocates for the rights of persons
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0010| with disabilities to conduct the activities described in
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0011| Subsections A through C of this section and to make
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0012| recommendations for improvements in governing statutes or
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0013| operating policies of entities involved with the parking
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0014| placard issuance and parking enforcement systems; and
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0015| E. provide technical assistance and training to law
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0016| enforcement agencies regarding implementation of a volunteer
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0017| enforcement program.
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0018| Section 4. [NEW MATERIAL] VOLUNTEER ENFORCEMENT
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0019| PROGRAMS AUTHORIZED.--
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0020| A. A law enforcement agency authorized to enforce
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0021| parking statutes or ordinances may appoint placard abuse
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0022| volunteers to issue citations for violations of Sections
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0023| 66-3-16.1 and 66-7-352.5 NMSA 1978 and any local parking
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0024| ordinances that make parking in a designated disabled parking
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0025| space illegal. Volunteers appointed pursuant to this subsection
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0001| shall be at least twenty-one years of age. The law enforcement
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0002| agency appointing the placard abuse prevention volunteers may
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0003| establish any other qualifications the agency deems necessary.
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0004| B. A law enforcement agency appointing placard abuse
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0005| volunteers pursuant to this section shall provide training to the
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0006| placard abuse prevention volunteers before authorizing them to
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0007| issue citations.
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0008| C. A citation issued by a placard abuse prevention
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0009| volunteer pursuant to this section shall have the same effect as a
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0010| citation issued by a police officer for the same offense.
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0011| Section 5. A new section of the Motor Vehicle Code is
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0012| enacted to read:
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0013| "[NEW MATERIAL] NURSING HOME PLACARDS--DEPOSITS--
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0014| MISDEMEANOR PENALTIES.--
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0015| A. Upon application to the division, accompanied by a
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0016| payment of two hundred fifty dollars ($250), a nursing home
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0017| administrator as defined in Section 61-13-2 NMSA 1978 may be
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0018| granted one parking placard for each nursing home in this state
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0019| under his direct supervision for use in the transport of persons
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0020| with severe mobility impairments as defined in Subsection H of
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0021| Section 66-3-16 NMSA 1978 in situations where it is impractical
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0022| for the person being transported to obtain and use his own parking
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0023| placard.
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0024| B. Money received pursuant to Subsection A of this
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0025| section shall be deposited in the fund for the handicapped to be
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0001| used for the parking placard abuse prevention program.
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0002| C. A person who uses a nursing home administrator's
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0003| parking placard when not engaged in the transport of a person with
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0004| a severe mobility impairment or an administrator who willfully
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0005| allows such use of the parking placard is guilty of a misdemeanor
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0006| and shall be sentenced pursuant to the provisions of Section
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0007| 66-8-7 NMSA 1978."
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0008| Section 6. Section 3-51-46 NMSA 1978 (being Laws 1973,
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0009| Chapter 22, Section 3) is amended to read:
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0010| "3-51-46. PASSENGER MOTOR VEHICLE OF DISABLED PERSON--
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0011| PARKING PRIVILEGE.--Passenger motor vehicles owned by [disabled]
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0012| persons with severe mobility impairment and carrying special
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0013| registration plates or passenger motor vehicles carrying persons
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0014| with severe mobility impairment with parking placards issued
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0015| pursuant to Section [64-3-12.3 NMSA 1953] 66-3-16 NMSA 1978
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0016| shall be permitted to park for unlimited periods of time in
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0017| parking zones restricted as to length of time parking is normally
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0018| permitted and are exempt from payment of any parking meter or
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0019| parking authorization fee of the state or its political
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0020| subdivisions. The provisions of this section shall prevail over
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0021| any other law, regulation or local ordinance but do not apply to
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0022| zones where stopping, standing or parking is prohibited, zones
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0023| reserved for special types of vehicles, zones where parking is
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0024| prohibited during certain hours of the day in order to facilitate
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0025| traffic during those hours when parking is prohibited and zones
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0001| subject to similar regulation because parking presents a traffic
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0002| hazard."
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0003| Section 7. Section 66-1-4.1 NMSA 1978 (being Laws 1990,
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0004| Chapter 120, Section 2) is amended to read:
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0005| "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle Code:
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0006| A. "abandoned vehicle" means a vehicle or motor vehicle
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0007| that has been determined by a New Mexico law enforcement agency:
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0008| (1) to have been left unattended on either public
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0009| or private property for at least thirty days;
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0010| (2) not to have been reported stolen;
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0011| (3) not to have been claimed by any person
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0012| asserting ownership; and
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0013| (4) not to have been shown by normal record
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0014| checking procedures to be owned by any person;
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0015| B. "access aisle" means an accessible pedestrian space
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0016| of at least sixty inches in width that allows side access the
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0017| length of its adjacent designated disabled parking space and
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0018| marked with blue striping; provided that van-accessible access
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0019| aisles shall be at least ninety-six inches in width;
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0020| [B.] C. "additional place of business", for dealers
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0021| and wreckers of vehicles, means locations in addition to an
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0022| established place of business as defined in Section 66-1-4.5 NMSA
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0023| 1978 and meeting all the requirements of an established place of
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0024| business, except Paragraph (5) of Subsection B of Section 66-1-4.5
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0025| NMSA 1978, but "additional place of business" does not mean a
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0001| location used solely for storage and that is not used for
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0002| wrecking, dismantling, sale or resale of vehicles;
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0003| [C.] D. "alcoholic beverages" means any and all
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0004| distilled or rectified spirits, potable alcohol, brandy, whiskey,
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0005| rum, gin, aromatic bitters or any similar alcoholic beverage,
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0006| including all blended or fermented beverages, dilutions or
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0007| mixtures of one or more of the foregoing containing more than one-
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0008| half of one percent alcohol but excluding medicinal bitters; and
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0009| [D.] E. "authorized emergency vehicle" means any
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0010| fire department vehicle, police vehicle, ambulance and any
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0011| emergency vehicles of municipal departments or public utilities
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0012| that are designated or authorized as emergency vehicles by the
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0013| director of the New Mexico state police division of the department
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0014| of public safety or local authorities."
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0015| Section 8. Section 66-1-4.4 NMSA 1978 (being Laws 1990,
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0016| Chapter 120, Section 5, as amended) is amended to read:
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0017| "66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle Code:
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0018| A. "day" means calendar day, unless otherwise provided
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0019| in the Motor Vehicle Code;
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0020| B. "dealer", except as herein specifically excluded,
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0021| means any person who sells or solicits or advertises the sale of
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0022| new or used motor vehicles, manufactured homes or trailers subject
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0023| to registration in this state; "dealer" does not include:
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0024| (1) receivers, trustees, administrators, executors,
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0025| guardians or other persons appointed by or acting under judgment,
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0001| decree or order of any court;
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0002| (2) public officers while performing their duties
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0003| as such officers;
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0004| (3) persons making casual sales of their own
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0005| vehicles;
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0006| (4) finance companies, banks and other lending
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0007| institutions making sales of repossessed vehicles; or
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0008| (5) licensed brokers under the Manufactured Housing
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0009| Act who, for a fee, commission or other valuable consideration,
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0010| engage in brokerage activities related to the sale, exchange or
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0011| lease purchase of pre-owned manufactured homes on a site installed
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0012| for a consumer;
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0013| C. "declared gross weight" means the maximum gross
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0014| vehicle weight or combination gross vehicle weight at which a
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0015| vehicle or combination will be operated during the registration
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0016| period, as declared by the registrant for registration and fee
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0017| purposes; the vehicle or combination shall have only one declared
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0018| gross weight for all operating considerations;
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0019| D. "department" means the taxation and revenue
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0020| department, the secretary of taxation and revenue or any employee
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0021| of the department exercising authority lawfully delegated to that
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0022| employee by the secretary;
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0023| E. "designated disabled parking space" means any space
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0024| marked and reserved for the parking of a passenger vehicle that
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0025| carries registration plates or a placard indicating disability in
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0001| accordance with Section 66-3-16 NMSA 1978; such a place shall be
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0002| designated by a conspicuously posted sign bearing the
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0003| international disabled symbol of a wheelchair [or] and by a
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0004| clearly visible depiction of this symbol painted on the pavement
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0005| of the space, and an access aisle adjacent to the space; provided
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0006| that two designated disabled parking spaces may share a common
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0007| access aisle;
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0008| F. "director" means the secretary;
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0009| G. "disqualification" means a prohibition against
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0010| driving a commercial motor vehicle;
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0011| H. "distinguishing number" means the number assigned by
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0012| the department to a vehicle whose identifying number has been
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0013| destroyed or obliterated or the number assigned by the department
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0014| to a vehicle that has never had an identifying number;
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0015| I. "distributor" means any person who distributes or
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0016| sells new or used motor vehicles to dealers and who is not a
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0017| manufacturer;
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0018| J. "division", without further specification, "division
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0019| of motor vehicles" or "motor vehicle division" means the
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0020| department;
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0021| K. "driver" means every person who drives or is in
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0022| actual physical control of a motor vehicle, including a
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0023| motorcycle, upon a highway, who is exercising control over or
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0024| steering a vehicle being towed by a motor vehicle or who operates
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0025| or is in actual physical control of an off-highway motor vehicle;
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0001| L. "driver's license" means a license or a class of
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0002| license issued by a state or other jurisdiction to an individual
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0003| that authorizes the individual to drive a motor vehicle; and
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0004| M. "driveaway-towaway operation" means any operation in
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0005| which any motor vehicle, new or used, is the item being
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0006| transported when one set or more of wheels of any such motor
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0007| vehicle is on the roadway during the course of transportation,
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0008| whether or not the motor vehicle furnishes the motive power."
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0009| Section 9. Section 66-1-4.14 NMSA 1978 (being Laws 1990,
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0010| Chapter 120, Section 15, as amended) is amended to read:
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0011| "66-1-4.14. DEFINITIONS.--As used in the Motor Vehicle Code:
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0012| A. "park" or "parking" means the standing of a vehicle,
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0013| whether occupied or not, other than temporarily for the purpose of
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0014| and while actually engaged in loading and unloading;
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0015| B. "parking lot" means a parking area [containing
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fifteen or more parking spaces] provided for the [free] use of
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0017| patrons of any office of state or local government or of any
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0018| public accommodation, retail or commercial establishment;
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0019| C. "parts car" means a motor vehicle generally in
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0020| nonoperable condition that is owned by a collector to furnish
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0021| parts that are usually nonobtainable from normal sources, thus
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0022| enabling a collector to preserve, restore and maintain a motor
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0023| vehicle of historic or special interest;
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0024| D. "pedestrian" means any natural person on foot;
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0025| E. "person" means every natural person, firm,
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0001| copartnership, association, corporation or other legal entity;
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0002| F. "personal information" means information that
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0003| identifies an individual, including an individual's photograph,
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0004| social security number, driver identification number, name,
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0005| address other than zip code, telephone number and medical or
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0006| disability information, but "personal information" does not
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0007| include information on vehicles, vehicle ownership, vehicular
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0008| accidents, driving violations or driver status;
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0009| G. "pneumatic tire" means every tire in which compressed
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0010| air is designed to support the load;
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0011| H. "pole trailer" means any vehicle without motive
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0012| power, designed to be drawn by another vehicle and attached to the
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0013| towing vehicle by means of a reach or pole or by being boomed or
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0014| otherwise secured to the towing vehicle and ordinarily used for
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0015| transporting long or irregularly shaped loads such as poles,
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0016| structures, pipes and structural members capable, generally, of
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0017| sustaining themselves as beams between the supporting connections;
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0018| I. "police or peace officer" means every officer
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0019| authorized to direct or regulate traffic or to make arrests for
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0020| violations of the Motor Vehicle Code;
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0021| J. "private road or driveway" means every way or place
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0022| in private ownership used for vehicular travel by the owner and
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0023| those having express or implied permission from the owner, but not
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0024| other persons; and
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0025| K. "property owner" means the owner of a piece of land
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0001| or the agent of that property owner."
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0002| Section 10. Section 66-3-16 NMSA 1978 (being Laws 1978,
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0003| Chapter 35, Section 36, as amended) is amended to read:
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0004| "66-3-16. SPECIAL REGISTRATION PLATES--DISABLED
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0005| PERSONS [DISPLAY DEVICE] PARKING PLACARDS.--
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0006| A. The division shall issue distinctive registration
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0007| plates to any [disabled] person with severe mobility
|
0008| impairment who so requests and who proves satisfactorily to the
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0009| division that he has suffered the loss, or the complete and total
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0010| loss of use of, one or both legs at or above the ankle or of one
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0011| or both arms at or above the wrist for use on motor vehicles owned
|
0012| by the person. No fee in addition to the regular registration
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0013| fee, if any, applicable to the motor vehicle shall be collected
|
0014| for issuance of special registration plates pursuant to this
|
0015| section.
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0016| B. No person shall falsely represent himself to [be
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disabled] have a severe mobility impairment so as to be
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0018| eligible to be issued special registration plates or [display
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devices] a parking placard pursuant to this section when he is
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0020| in fact not [disabled] severely mobility impaired.
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0021| C. Upon notice and opportunity to be heard, scheduled
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0022| within forty-five days of a complaint filed by the governor's
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0023| committee on concerns of the handicapped or another concerned
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0024| person, the division may revoke and demand return of any placard
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0025| when it is found that:
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0001| (1) it was issued in error or with false
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0002| information;
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0003| (2) the person receiving the placard is no longer
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0004| eligible; or
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0005| (3) the placard is being used by ineligible
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0006| persons.
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0007| [C.] D. Upon written application to the division
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0008| accompanied by a medical statement by a licensed physician
|
0009| attesting to the [disability] severe mobility impairment, a
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0010| resident of the state who has a [disability] severe mobility
|
0011| impairment that limits or impairs the ability to walk, as
|
0012| provided in Subsection [G] H of this section, may apply for
|
0013| and be granted the issuance of [a placard] not more than two
|
0014| parking placards for display upon a motor vehicle registered to
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0015| him or motor vehicle owned by another person who is transporting
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0016| him. The director may charge a reasonable fee to cover the cost
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0017| of the placard and of its issuance. The fee shall be retained by
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0018| the division and shall be appropriated to the division for
|
0019| expenditures incurred in the implementation of the placard
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0020| replacement program. The application shall provide for a
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0021| certification of permanence of the mobility impairment that, if
|
0022| indicated by the signing physician, shall preclude the necessity
|
0023| of subsequent medical certifications on renewals. The application
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0024| for a parking placard shall be deemed to be a waiver of the
|
0025| doctor-patient privilege of confidentiality to the minimum extent
|
0001| necessary to verify the information contained in the application,
|
0002| and the application shall advise the applicant of this waiver.
|
0003| [D.] E. A parking placard issued pursuant to this
|
0004| section shall expire [in no more than two years] on the same
|
0005| date that the holder's driver's license or identification card
|
0006| expires.
|
0007| [E.] F. The division shall issue two-sided
|
0008| hanger-style parking placards with the following
|
0009| characteristics:
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0010| (1) the international symbol of access shall be
|
0011| displayed on both sides of the parking placard and shall be at
|
0012| least three inches in height, centered on the parking placard
|
0013| and white on a blue [shield] field;
|
0014| (2) [an identification number enabling the division
|
to identify] an indelible imprinting of the driver's license or
|
0016| identification card number of the holder of each parking
|
0017| placard. The division shall maintain this information, including
|
0018| permanence of the mobility impairment, in a readily retrievable
|
0019| format in the same data base as used for recording driver's
|
0020| license information and make it available on demand to any law
|
0021| enforcement agency or the governor's committee on concerns of the
|
0022| handicapped;
|
0023| (3) the date of expiration; and
|
0024| (4) the division seal or other identification of
|
0025| the issuing authority.
|
0001| [F.] G. Upon written application to the division
|
0002| accompanied by a medical statement from a licensed physician
|
0003| attesting to a temporary [disability] severe mobility
|
0004| impairment, a person, whether resident or nonresident, who has
|
0005| a temporary [disability] severe mobility impairment that
|
0006| limits or impairs the ability to walk may be issued a temporary
|
0007| parking placard, which shall be distinguishable in color and
|
0008| in appearance from parking placards valid for [two] four
|
0009| years. The medical statement shall include the period of time
|
0010| that the physician determines the applicant will have the
|
0011| [disability] severe mobility impairment. A temporary
|
0012| parking placard issued pursuant to this section shall be valid
|
0013| no more than six months.
|
0014| [G.] H. For the purpose of obtaining a parking
|
0015| placard, a person with a ["disability that limits or impairs the
|
ability to walk"] "severe mobility impairment" means the
|
0017| person:
|
0018| (1) cannot walk one hundred feet without stopping
|
0019| to rest;
|
0020| (2) cannot walk without the use of a brace, a cane,
|
0021| a crutch, another person, a prosthetic device, a wheelchair or
|
0022| another assistive device;
|
0023| (3) is restricted by lung disease to such an extent
|
0024| that the person's forced respiratory volume, when exhaling for one
|
0025| second, when measured by spirometry, is less than one liter or the
|
0001| arterial oxygen tension is less than sixty millimeters on room air
|
0002| at rest;
|
0003| (4) uses portable oxygen;
|
0004| (5) has a severe cardiac condition; or
|
0005| (6) is so severely limited in his ability to walk
|
0006| due to an arthritic, neurologic or orthopedic condition that the
|
0007| person cannot ascend or descend more than ten stair steps.
|
0008| [H.] I. Special registration plates or parking
|
0009| placards issued to the [disabled] person with severe mobility
|
0010| impairment by another state or foreign jurisdiction shall be
|
0011| granted reciprocity while the vehicle [and disabled operator
|
are] or parking placard holder is in this state. [for a period
|
not to exceed thirty days
|
I.] J. All parking placards shall be issued in
|
0015| accordance with this section beginning on July 1, [1995] 1997.
|
0016| All placards issued prior to July 1, 1995 [shall expire on July
|
1, 1996] are void. Two-year placards issued between July 1,
|
0018| 1995 and July 1, 1997 shall be renewed for a period to expire on
|
0019| the same date as the holder's driver's license expires."
|
0020| Section 11. Section 66-3-16.1 NMSA 1978 (being Laws 1995,
|
0021| Chapter 129, Section 2) is amended to read:
|
0022| "66-3-16.1. PROVIDING FALSE INFORMATION FALSE USE OF
|
0023| PLACARD--PENALTY PLACARD CONFISCATED.--
|
0024| A. Any person who provides false information in order
|
0025| to acquire, or who assists an unqualified person in acquiring, a
|
0001| special registration plate or [special] parking placard as
|
0002| provided in Section 66-3-16 NMSA 1978 is guilty of a misdemeanor
|
0003| and shall be sentenced pursuant to the provisions of Section
|
0004| [31-19-1] 66-8-7 NMSA 1978.
|
0005| B. Except as provided in Section 5 of this act, a
|
0006| person who uses a parking placard to park in a designated disabled
|
0007| parking space and is neither the holder of the parking placard nor
|
0008| assisting in the transportation of the holder is guilty of a
|
0009| misdemeanor and shall be sentenced pursuant to the provisions of
|
0010| Section 66-8-7 NMSA 1978. When a law enforcement officer finds
|
0011| that a person is using a parking placard that does not belong to
|
0012| him or his passenger, the officer may confiscate the placard. The
|
0013| law enforcement agency shall return the parking placard to the
|
0014| division. The division shall hold the parking placard until it
|
0015| receives a written request for its return from the parking placard
|
0016| holder. The division shall retain a record of the identification
|
0017| numbers of confiscated parking placards. Failure to surrender the
|
0018| parking placard on demand of a law enforcement officer is a petty
|
0019| misdemeanor and punishable by a fine not to exceed three hundred
|
0020| dollars ($300)."
|
0021| Section 12. Section 66-5-408 NMSA 1978 (being Laws 1978,
|
0022| Chapter 35, Section 335, as amended) is amended to read:
|
0023| "66-5-408. FEES.--
|
0024| A. Upon application for an identification card, there
|
0025| shall be paid to the division a fee of five dollars ($5.00), but
|
0001| no fee shall be charged to an applicant for an identification card
|
0002| if the applicant is at least seventy-five years of age or
|
0003| eligible for a registration plate or parking placard pursuant to
|
0004| Section 66-3-16 NMSA 1978.
|
0005| B. The department with the approval of the governor may
|
0006| increase the amount of the identification card fee by an amount
|
0007| not to exceed three dollars ($3.00) for the purpose of
|
0008| implementing an enhanced licensing system. The additional amounts
|
0009| collected pursuant to this subsection are appropriated to the
|
0010| division to defray the expense of the new system of licensing."
|
0011| Section 13. Section 66-7-352.4 NMSA 1978 (being Laws 1983,
|
0012| Chapter 45, Section 4) is amended to read:
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0013| "66-7-352.4. PARKING LOTS--STANDARDS.--
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0014| A. Every parking lot coming under the provisions of the
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0015| Disabled Parking Standards and Enforcement Act shall have
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0016| designated disabled parking spaces, including access aisles, as
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0017| provided in Subsection B of this section [provided that an office
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of state or local government shall have a minimum of one such
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parking space]. No building permit shall be issued by the state
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0020| or any local government for the construction or substantial
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0021| renovation of a commercial building inviting public access unless
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0022| the parking lot has designated disabled parking spaces as
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0023| delineated in Subsection B of this section.
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0024| B. The minimum numbers of designated disabled parking
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0025| spaces are as follows:
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0001| TOTAL SPACES IN PARKING LOT MINIMUM DESIGNATED
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0002|
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0003| DISABLED
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0004| PARKING SPACES
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0005| [0 to 14 0
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15] 1 to 25 1
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0007| 26 to 35 2
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0008| 36 to 50 3
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0009| 51 to 100 4
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0010| 101 to 300 8
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0011| 301 to 500 12
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0012| 501 to 800 16
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0013| 801 to 1,000 20
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0014| more than 1,000 20, plus [3] 1
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0015| for each
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0016| additional
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0017| [1,000] 100.
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0018| The designated disabled parking spaces shall be located so as to
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0019| provide the most convenient access to entranceways or to the
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0020| nearest curb cut. One of every eight designated disabled parking
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0021| spaces, but not less than one, shall be designated as van
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0022| accessible."
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0023| Section 14. Section 66-7-352.5 NMSA 1978 (being Laws 1983,
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0024| Chapter 45, Section 5, as amended) is amended to read:
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0025| "66-7-352.5. UNAUTHORIZED USE--PENALTY. [A.] It is
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0001| unlawful for any person to park a motor vehicle not carrying
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0002| special registration plates or a parking placard indicating
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0003| [disability] severe mobility impairment in accordance with
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0004| Section 66-3-16 NMSA 1978 in a designated disabled parking space
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0005| [or blocking a curb cut]. It is unlawful for any person to park
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0006| a vehicle with or without a special registration plate or parking
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0007| placard in a position that blocks a curb cut or access aisle.
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0008| Any person who violates this subsection is subject to a [fifty-
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dollar ($50.00)] minimum three hundred dollar ($300) fine and
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0010| the vehicle may be towed at the owner's expense.
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0011| [B. A person charged with a violation of Subsection A
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of this section shall not be determined to have committed an
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infraction if he produces in court special disabled registration
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plates or a placard indicating disability in accordance with
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Section 66-3-16 NMSA 1978 or demonstrates he was entitled to such
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at the time of the violation.]"
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0017| Section 15. APPROPRIATION.--Twenty-five thousand dollars
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0018| ($25,000) is appropriated from the general fund to the governor's
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0019| committee on concerns of the handicapped for expenditure in fiscal
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0020| year 1998 to implement the provisions of the Placard Abuse Act.
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0021| Any unexpended or unencumbered balance remaining at the end of
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0022| fiscal year 1998 shall revert to the general fund.
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0023| Section 16. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1997.
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0025|
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0001|
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0002| State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 12, 1997
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your JUDICIARY COMMITTEE, to whom has been referred
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0015|
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0016| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
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0017| SUBSTITUTE FOR HOUSE BILLS 933, 31 & 557
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022| 1. On page 3, line 20, strike "NURSING HOME" and insert "LONG-
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0023| TERM CARE FACILITY".
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0024|
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0025| 2. On page 3, line 23, strike "a nursing home".
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0001|
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0002| 3. On page 3, line 24, before "administrator" insert "an" and
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0003| after "administrator" strike the line through "1978" and insert "of
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0004| a long-term care facility licensed by the department of health".
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0005|
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0006| 4. On page 3, line 25, strike "nursing home" and insert in
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0007| lieu thereof "facility".
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0008|
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0009| 5. On page 4, line 9, strike "nursing home" and insert in lieu
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0010| thereof "long-term care facility".,
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0011|
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0012| and thence referred to the APPROPRIATIONS AND FINANCE
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0013| COMMITTEE.
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0014|
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021|
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0022|
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0023| Thomas P. Foy, Chairman
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0024|
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0025|
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0001| Adopted Not Adopted
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0002| (Chief Clerk)
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0003| (Chief Clerk)
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0004|
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0005| Date
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0006|
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0007| The roll call vote was 7 For 0 Against
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0008| Yes: 7
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0009| Excused: M.P. Garcia, Mallory, Pederson, Rios, Sanchez, Stewart
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0010| Absent: None
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0011|
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0012|
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0013| .118485.1
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0014| G:\BILLTEXT\BILLW_97\H0933 State of New Mexico
|
0015| House of Representatives
|
0016|
|
0017| FORTY-THIRD LEGISLATURE
|
0018| FIRST SESSION, 1997
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0019|
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0020|
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0021| March 14, 1997
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0022|
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0023|
|
0024| Mr. Speaker:
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0025|
|
0001| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom
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0002| has been referred
|
0003|
|
0004| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
|
0005| SUBSTITUTE FOR HOUSE BILLS 933, 31 & 557, as amended
|
0006|
|
0007| has had it under consideration and reports same with
|
0008| recommendation that it DO PASS, amended as follows:
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0009|
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0010| 1. On page 1, line 16, strike "; MAKING AN APPROPRIATION".
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0011|
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0012| 2. On page 19, strike Section 15 in its entirety.
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0013|
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0014| 3. Renumber succeeding section accordingly.
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0015|
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
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0022|
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0023|
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0024| Max Coll, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003| (Chief Clerk)
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0004| (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 15 For 0 Against
|
0009| Yes: 15
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0010| Excused: Bird, Salazar
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0011| Absent: None
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0012|
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0013|
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0014|
|
0015| G:\BILLTEXT\BILLW_97\H0933 FORTY-THIRD LEGISLATURE
|
0016| FIRST SESSION
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0017|
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0018|
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0019| March 16, 1997
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0020|
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0021|
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0022| HOUSE FLOOR AMENDMENT number ___1___ to HOUS
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0023| E
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0024| CONS
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0025| UMER
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0001| AND
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0002| PUBL
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0003| IC
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0004| AFFA
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0005| IRS
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0006| COMM
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0007| ITTE
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0008| E
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0009| SUBS
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0010| TITU
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0011| TE
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0012| FOR
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0013| HOUS
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0014| E
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0015| BILL
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0016| S
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0017| 933,
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0018| 31 &
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0019| 557,
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0020| as
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0021| amen
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0022| ded
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0023|
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0024| Amendment sponsored by Representative Gary K. King
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0025|
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0001|
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0002| 1. On page 18, line 19, strike the ending quotation mark and
|
0003| between lines 19 and 20, insert the following new subsection:
|
0004|
|
0005| "C. In parking lots with five or fewer parking spaces, one
|
0006| accessible parking space shall be provided but need not be designated
|
0007| by sign and pavement painting. Use of the undesignated accessible
|
0008| parking space by a vehicle without a parking placard or special
|
0009| registration plate shall not be a violation of Section 66-7-352.5 NMSA
|
0010| 1978."".
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0011|
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0012|
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0013|
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0014|
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0015|
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0016|
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0017|
|
0018| ___________________________
|
0019| Gary K. King
|
0020|
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0021|
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0022|
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0023| Adopted ___________________ Not Adopted ___________________________
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001|
|
0002| Date ________________
|
0003|
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997
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0007|
|
0008|
|
0009| March 18, 1997
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0010|
|
0011| Mr. President:
|
0012|
|
0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
|
0014|
|
0015| HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE
|
0016| SUBSTITUTE FOR HOUSE BILLS 933, 31 & 557, as amended
|
0017|
|
0018| has had it under consideration and reports same with recommendation
|
0019| that it DO PASS, and thence referred to the JUDICIARY
|
0020| COMMITTEE.
|
0021|
|
0022| Respectfully submitted,
|
0023|
|
0024|
|
0025|
|
0001| __________________________________
|
0002| Shannon Robinson, Chairman
|
0003|
|
0004|
|
0005|
|
0006| Adopted_______________________ Not Adopted_______________________
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009|
|
0010| Date ________________________
|
0011|
|
0012|
|
0013| The roll call vote was 6 For 0 Against
|
0014| Yes: 6
|
0015| No: 0
|
0016| Excused: Adair, Boitano, Vernon
|
0017| Absent: None
|
0018|
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0019|
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0020|
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0021|
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0022| H0933PA1
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