0001| SENATE BILL 58
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| MARY JANE M. GARCIA
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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; CHANGING CERTAIN
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0012| PROVISIONS RELATED TO DESIGNATED DISABLED PARKING; AMENDING
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0013| AND ENACTING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. A new section of the Motor Vehicle Code is
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0017| enacted to read:
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0018| "[NEW MATERIAL] LONG-TERM CARE FACILITY PLACARDS--
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0019| DEPOSITS--MISDEMEANOR PENALTIES.--
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0020| A. Upon application to the division, accompanied
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0021| by a payment of two hundred fifty dollars ($250), an
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0022| administrator of a long-term care facility licensed by the
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0023| department of health may be granted one parking placard for a
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0024| long-term care facility in this state under his direct
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0025| supervision for use in the transport of persons with severe
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0001| mobility impairments as defined in Subsection H of Section
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0002| 66-3-16 NMSA 1978 in situations where it is impractical for
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0003| the person being transported to obtain and use his own parking
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0004| placard.
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0005| B. A person who uses a long-term care facility's
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0006| parking placard when not engaged in the transport of a person
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0007| with a severe mobility impairment or an administrator who
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0008| knowingly allows such use of the parking placard in violation
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0009| of Subsection A of this section is guilty of a misdemeanor and
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0010| shall be sentenced pursuant to the provisions of Section
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0011| 66-8-7 NMSA 1978."
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0012| Section 2. Section 3-51-46 NMSA 1978 (being Laws 1973,
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0013| Chapter 22, Section 3) is amended to read:
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0014| "3-51-46. PASSENGER MOTOR VEHICLE OF DISABLED PERSON--
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0015| PARKING PRIVILEGE.--Passenger motor vehicles owned by
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0016| [disabled] persons with severe mobility impairment and
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0017| carrying special registration plates or passenger motor
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0018| vehicles carrying persons with severe mobility impairment or
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0019| severe visual impairment and displaying parking placards
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0020| issued pursuant to Section [64-3-12.3 NMSA 1953] 66-3-16
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0021| NMSA 1978 shall be permitted to park for unlimited periods of
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0022| time in parking zones restricted as to length of time parking
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0023| is normally permitted and are exempt from payment of any
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0024| parking meter or parking authorization fee of the state or
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0025| its political subdivisions. The provisions of this section
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0001| shall prevail over any other law, regulation or local
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0002| ordinance but do not apply to zones where stopping, standing
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0003| or parking is prohibited, zones reserved for special types of
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0004| vehicles, zones where parking is prohibited during certain
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0005| hours of the day in order to facilitate traffic during those
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0006| hours when parking is prohibited and zones subject to similar
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0007| regulation because parking presents a traffic hazard."
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0008| Section 3. Section 66-1-4.1 NMSA 1978 (being Laws 1990,
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0009| Chapter 120, Section 2) is amended to read:
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0010| "66-1-4.1. DEFINITIONS.--As used in the Motor Vehicle
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0011| Code:
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0012| A. "abandoned vehicle" means a vehicle or motor
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0013| vehicle that has been determined by a New Mexico law
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0014| enforcement agency:
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0015| (1) to have been left unattended on either
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0016| public or private property for at least thirty days;
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0017| (2) not to have been reported stolen;
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0018| (3) not to have been claimed by any person
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0019| asserting ownership; and
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0020| (4) not to have been shown by normal record
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0021| checking procedures to be owned by any person;
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0022| B. "access aisle" means an accessible pedestrian
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0023| space of at least sixty inches in width that allows side
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0024| access the length of its adjacent designated disabled parking
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0025| space and is marked with blue striping; provided that van-
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0001| accessible access aisles shall be at least ninety-six inches
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0002| in width;
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0003| [B.] C. "additional place of business", for
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0004| dealers and wreckers of vehicles, means locations in addition
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0005| to an established place of business as defined in Section
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0006| 66-1-4.5 NMSA 1978 and meeting all the requirements of an
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0007| established place of business, except Paragraph (5) of
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0008| Subsection B of Section 66-1-4.5 NMSA 1978, but "additional
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0009| place of business" does not mean a location used solely for
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0010| storage and that is not used for wrecking, dismantling, sale
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0011| or resale of vehicles;
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0012| [C.] D. "alcoholic beverages" means any and
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0013| all distilled or rectified spirits, potable alcohol, brandy,
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0014| whiskey, rum, gin, aromatic bitters or any similar alcoholic
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0015| beverage, including all blended or fermented beverages,
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0016| dilutions or mixtures of one or more of the foregoing
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0017| containing more than one-half of one percent alcohol but
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0018| excluding medicinal bitters; and
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0019| [D.] E. "authorized emergency vehicle" means
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0020| any fire department vehicle, police vehicle, ambulance and any
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0021| emergency vehicles of municipal departments or public
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0022| utilities that are designated or authorized as emergency
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0023| vehicles by the director of the New Mexico state police
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0024| division of the department of public safety or local
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0025| authorities."
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0001| Section 4. Section 66-1-4.4 NMSA 1978 (being Laws 1990,
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0002| Chapter 120, Section 5, as amended) is amended to read:
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0003| "66-1-4.4. DEFINITIONS.--As used in the Motor Vehicle
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0004| Code:
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0005| A. "day" means calendar day, unless otherwise
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0006| provided in the Motor Vehicle Code;
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0007| B. "dealer", except as herein specifically
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0008| excluded, means any person who sells or solicits or advertises
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0009| the sale of new or used motor vehicles, manufactured homes or
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0010| trailers subject to registration in this state; "dealer" does
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0011| not include:
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0012| (1) receivers, trustees, administrators,
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0013| executors, guardians or other persons appointed by or acting
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0014| under judgment, decree or order of any court;
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0015| (2) public officers while performing their
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0016| duties as such officers;
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0017| (3) persons making casual sales of their own
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0018| vehicles;
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0019| (4) finance companies, banks and other
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0020| lending institutions making sales of repossessed vehicles; or
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0021| (5) licensed brokers under the Manufactured
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0022| Housing Act who, for a fee, commission or other valuable
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0023| consideration, engage in brokerage activities related to the
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0024| sale, exchange or lease purchase of pre-owned manufactured
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0025| homes on a site installed for a consumer;
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0001| C. "declared gross weight" means the maximum gross
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0002| vehicle weight or combination gross vehicle weight at which a
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0003| vehicle or combination will be operated during the
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0004| registration period, as declared by the registrant for
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0005| registration and fee purposes; the vehicle or combination
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0006| shall have only one declared gross weight for all operating
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0007| considerations;
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0008| D. "department" means the taxation and revenue
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0009| department, the secretary of taxation and revenue or any
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0010| employee of the department exercising authority lawfully
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0011| delegated to that employee by the secretary;
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0012| E. "designated disabled parking space" means any
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0013| space marked and reserved for the parking of a passenger
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0014| vehicle that carries registration plates or a placard
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0015| indicating disability in accordance with Section 66-3-16 NMSA
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0016| 1978; such a place shall be designated by a conspicuously
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0017| posted sign bearing the international disabled symbol of a
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0018| wheelchair [or] and by a clearly visible depiction of this
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0019| symbol painted on the pavement of the space and an access
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0020| aisle adjacent to the space; provided that two designated
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0021| disabled parking spaces may share a common access aisle;
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0022| F. "director" means the secretary;
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0023| G. "disqualification" means a prohibition against
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0024| driving a commercial motor vehicle;
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0025| H. "distinguishing number" means the number
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0001| assigned by the department to a vehicle whose identifying
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0002| number has been destroyed or obliterated or the number
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0003| assigned by the department to a vehicle that has never had an
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0004| identifying number;
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0005| I. "distributor" means any person who distributes
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0006| or sells new or used motor vehicles to dealers and who is not
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0007| a manufacturer;
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0008| J. "division", without further specification,
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0009| "division of motor vehicles" or "motor vehicle division" means
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0010| the department;
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0011| K. "driver" means every person who drives or is in
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0012| actual physical control of a motor vehicle, including a
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0013| motorcycle, upon a highway, who is exercising control over or
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0014| steering a vehicle being towed by a motor vehicle or who
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0015| operates or is in actual physical control of an off-highway
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0016| motor vehicle;
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0017| L. "driver's license" means a license or a class
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0018| of license issued by a state or other jurisdiction to an
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0019| individual that authorizes the individual to drive a motor
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0020| vehicle; and
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0021| M. "driveaway-towaway operation" means [any]
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0022| an operation in which [any] a motor vehicle, new or
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0023| used, is the item being transported when one set or more of
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0024| wheels of any such motor vehicle is on the roadway during the
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0025| course of transportation, whether or not the motor vehicle
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0001| furnishes the motive power."
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0002| Section 5. Section 66-1-4.14 NMSA 1978 (being Laws 1990,
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0003| Chapter 120, Section 15, as amended) is amended to read:
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0004| "66-1-4.14. DEFINITIONS.--As used in the Motor Vehicle
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0005| Code:
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0006| A. "park" or "parking" means the standing of a
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0007| vehicle, whether occupied or not, other than temporarily for
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0008| the purpose of and while actually engaged in loading and
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0009| unloading;
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0010| B. "parking lot" means a parking area [containing
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0011| fifteen or more parking spaces] provided for the [free] use
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0012| of patrons of any office of state or local government or of
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0013| any public accommodation, retail or commercial establishment;
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0014| C. "parts car" means a motor vehicle generally in
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0015| [nonoperable] inoperable condition that is owned by a
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0016| collector to furnish parts that are usually [nonobtainable]
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0017| unobtainable from normal sources, thus enabling a collector
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0018| to preserve, restore and maintain a motor vehicle of historic
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0019| or special interest;
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0020| D. "pedestrian" means any natural person on foot;
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0021| E. "person" means every natural person, firm,
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0022| copartnership, association, corporation or other legal entity;
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0023| F. "personal information" means information that
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0024| identifies an individual, including an individual's
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0025| photograph, social security number, driver identification
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0001| number, name, address other than zip code, telephone number
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0002| and medical or disability information, but "personal
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0003| information" does not include information on vehicles, vehicle
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0004| ownership, vehicular accidents, driving violations or driver
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0005| 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
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0018| for 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 6. 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. SEVERE MOBILITY IMPAIRMENT--SPECIAL
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0003| REGISTRATION PLATES--[DISABLED PERSONS--DISPLAY DEVICE]
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0004| PARKING PLACARDS.--
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0005| A. The division shall issue distinctive
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0006| registration plates to any [disabled] person with severe
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0007| mobility impairment who so requests and who proves
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0008| satisfactorily to the division that he has suffered the loss
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0009| of, or the complete and total loss of use of one or both
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0010| legs at or above the ankle or of one or both arms at or above
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0011| the wrist for use on motor vehicles owned by the person. No
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0012| fee in addition to the regular registration fee, if any,
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0013| applicable to the motor vehicle shall be collected for
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0014| issuance of special registration plates pursuant to this
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0015| section.
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0016| B. No person shall falsely represent himself to
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0017| [be disabled] have a severe mobility impairment or severe
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0018| visual impairment so as to be eligible to be issued special
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0019| registration plates or [display devices] a parking placard
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0020| pursuant to this section when he is in fact not [disabled]
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0021| severely mobility impaired or severely visually impaired.
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0022| C. Upon notice and opportunity to be heard,
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0023| scheduled within forty-five days of a complaint filed by the
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0024| governor's committee on concerns of the handicapped or another
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0025| concerned person, the division may revoke and demand return
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0001| of any placard when it is found that:
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0002| (1) it was issued in error or with false
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0003| information;
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0004| (2) the person receiving the placard is no
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0005| longer eligible; or
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0006| (3) the placard is being used by ineligible
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0007| persons.
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0008| [C.] D. Upon written application to the
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0009| division accompanied by a medical statement by a licensed
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0010| physician attesting to the [disability] severe mobility
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0011| impairment or severe visual impairment, a resident of the
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0012| state who has a [disability] severe mobility impairment
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0013| that limits or impairs the ability to walk [as provided in
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0014| Subsection G of this section] or a severe visual impairment
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0015| may apply for and be granted the issuance of [a placard]
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0016| not more than two parking placards for display upon a motor
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0017| vehicle registered to him or motor vehicle owned by another
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0018| person who is transporting him. The director may charge a
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0019| reasonable fee to cover the cost of the placard and of its
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0020| issuance. The fee shall be retained by the division and shall
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0021| be appropriated to the division for expenditures incurred in
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0022| the implementation of the placard replacement program. The
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0023| application shall provide for a certification of permanence of
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0024| the severe mobility impairment or severe visual impairment
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0025| that, if indicated by the signing physician, shall preclude
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0001| the necessity of subsequent medical certifications on
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0002| renewals. The application for a parking placard shall be
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0003| deemed to be a waiver of the doctor-patient privilege of
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0004| confidentiality to the minimum extent necessary to verify the
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0005| information contained in the application, and the application
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0006| shall advise the applicant of this waiver.
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0007| [D.] E. A parking placard issued pursuant to
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0008| this section shall expire [in no more than two years] on
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0009| the same date that the holder's driver's license or
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0010| identification card expires.
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0011| [E.] F. The division shall issue two-sided
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0012| hanger-style parking placards with the following
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0013| characteristics:
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0014| (1) the international symbol of access shall
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0015| be displayed on both sides of the parking placard and shall
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0016| be at least three inches in height, centered on the parking
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0017| placard and white on a blue [shield] field;
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0018| (2) [an identification number enabling the
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0019| division to identify] an indelible imprinting of the
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0020| driver's license or identification card number of the holder
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0021| of each parking placard. The division shall maintain this
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0022| information, including permanence of the severe mobility
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0023| impairment or severe visual impairment, in a readily
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0024| retrievable format in the same data base as used for
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0025| recording driver's license information and make it available
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0001| on demand to any law enforcement agency or the governor's
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0002| committee on concerns of the handicapped;
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0003| (3) the date of expiration; and
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0004| (4) the division seal or other identification
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0005| of the issuing authority.
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0006| [F.] G. Upon written application to the
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0007| division accompanied by a medical statement from a licensed
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0008| physician attesting to a temporary [disability] severe
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0009| visual impairment or severe mobility impairment, a person,
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0010| whether resident or nonresident, who has a temporary
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0011| [disability] severe visual impairment or severe mobility
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0012| impairment that limits or impairs the ability to walk may be
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0013| issued a temporary parking placard, which shall be
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0014| distinguishable in color and in appearance from parking
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0015| placards valid for [two] four years. The medical
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0016| statement shall include the period of time that the physician
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0017| determines the applicant will have the [disability] severe
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0018| visual impairment or severe mobility impairment. A temporary
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0019| parking placard issued pursuant to this section shall be
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0020| valid no more than six months.
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0021| [G.] H. For the purpose of obtaining a
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0022| parking placard, a person with a ["disability that limits
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0023| or impairs the ability to walk"] "severe mobility
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0024| impairment" means the person:
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0025| (1) cannot walk one hundred feet without
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0001| stopping to rest;
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0002| (2) cannot walk without the use of a brace, a
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0003| cane, a crutch, another person, a prosthetic device, a
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0004| wheelchair or another assistive device;
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0005| (3) is restricted by lung disease to such an
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0006| extent that the person's forced respiratory volume, when
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0007| exhaling for one second, when measured by spirometry, is less
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0008| than one liter or the arterial oxygen tension is less than
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0009| sixty millimeters on room air at rest;
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0010| (4) uses portable oxygen;
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0011| (5) has a severe cardiac condition; or
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0012| (6) is so severely limited in his ability to
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0013| walk due to an arthritic, neurologic or orthopedic condition
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0014| that the person cannot ascend or descend more than ten stair
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0015| steps.
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0016| I. For the purpose of obtaining a parking
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0017| placard, "severe visual impairment" means a person who has not
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0018| more than ten percent visual acuity in his better eye with
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0019| correction. This means a person who has:
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0020| (1) not more than twenty/two hundred central
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0021| visual acuity in his better eye after correction; or
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0022| (2) a limitation in visual field so that the
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0023| widest diameter of the visual field subtends an angle no
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0024| greater than twenty degrees. The person's blindness shall be
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0025| certified by a duly licensed ophthalmologist, subject to
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0001| approval of the New Mexico board of medical examiners;
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0002| [H.] J. Special registration plates or
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0003| parking placards issued to [the disabled] a person with
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0004| severe mobility impairment or severe visual impairment by
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0005| another state or foreign jurisdiction shall be granted
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0006| reciprocity while the vehicle [and disabled operator are]
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0007| or parking placard holder is in this state. [for a period
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0008| not to exceed thirty days
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0009| I.] K. All parking placards shall be issued
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0010| in accordance with this section beginning on July 1, [1995]
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0011| 1998. All placards issued prior to July 1, [1995 shall
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0012| expire on July 1] 1996 are void. Two-year placards issued
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0013| between July 1, 1996 and July 1, 1998 shall be renewed for a
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0014| period to expire on the same date as the holder's driver's
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0015| license expires."
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0016| Section 7. Section 66-3-16.1 NMSA 1978 (being Laws 1995,
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0017| Chapter 129, Section 2) is amended to read:
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0018| "66-3-16.1. PROVIDING FALSE INFORMATION--FALSE USE OF
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0019| PLACARD--PENALTY--PLACARD CONFISCATED.--
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0020| A. Any person who provides false information in
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0021| order to acquire, or who assists an unqualified person in
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0022| acquiring, a special registration plate or [special]
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0023| parking placard as provided in Section 66-3-16 NMSA 1978 is
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0024| guilty of a misdemeanor and shall be sentenced pursuant to the
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0025| provisions of Section [31-19-1] 66-8-7 NMSA 1978.
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0001| B. A person who uses a parking placard to park in
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0002| a designated disabled parking space and is neither the holder
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0003| of the parking placard nor assisting in the transportation of
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0004| the holder is guilty of a misdemeanor and shall be sentenced
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0005| pursuant to the provisions of Section 66-8-7 NMSA 1978. When
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0006| a law enforcement officer finds that a person is using a
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0007| parking placard that does not belong to him or his passenger,
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0008| the officer may confiscate the placard. The law enforcement
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0009| agency shall return the parking placard to the division. The
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0010| division shall hold the parking placard until it receives a
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0011| written request for its return from the parking placard
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0012| holder. The division shall retain a record of the
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0013| identification numbers of confiscated parking placards.
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0014| Failure to surrender the parking placard on demand of a law
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0015| enforcement officer is a petty misdemeanor and punishable by a
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0016| fine not to exceed one hundred dollars ($100)."
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0017| Section 8. Section 66-5-408 NMSA 1978 (being Laws 1978,
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0018| Chapter 35, Section 335, as amended) is amended to read:
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0019| "66-5-408. FEES.--
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0020| A. Upon application for an identification card,
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0021| there shall be paid to the division a fee of five dollars
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0022| ($5.00), but no fee shall be charged to an applicant for an
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0023| identification card if the applicant is at least seventy-five
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0024| years of age or eligible for a registration plate or parking
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0025| placard pursuant to Section 66-3-16 NMSA 1978.
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0001| B. The department with the approval of the
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0002| governor may increase the amount of the identification card
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0003| fee by an amount not to exceed three dollars ($3.00) for the
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0004| purpose of implementing an enhanced licensing system. The
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0005| additional amounts collected pursuant to this subsection are
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0006| appropriated to the division to defray the expense of the new
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0007| system of licensing."
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0008| Section 9. Section 66-7-352.4 NMSA 1978 (being Laws
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0009| 1983, Chapter 45, Section 4) is amended to read:
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0010| "66-7-352.4. PARKING LOTS--STANDARDS.--
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0011| A. Every parking lot coming under the provisions
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0012| of the Disabled Parking Standards and Enforcement Act shall
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0013| have designated disabled parking spaces, including access
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0014| aisles, as provided in Subsection B of this section
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0015| [provided that an office of state or local government shall
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0016| have a minimum of one such parking space]. No building
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0017| permit shall be issued by the state or any local government
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0018| for the construction or substantial renovation of a commercial
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0019| building inviting public access unless the parking lot has
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0020| designated disabled parking spaces as delineated in Subsection
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0021| B of this section.
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0022| B. The minimum numbers of designated disabled
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0023| parking spaces are as follows:
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0024| TOTAL SPACES IN PARKING LOT MINIMUM DESIGNATED DISABLED
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0025| PARKING SPACES
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0001| [0 to 14 0
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0002| 15] 1 to 25 1
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0003| 26 to 35 2
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0004| 36 to 50 3
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0005| 51 to 100 4
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0006| 101 to 300 8
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0007| 301 to 500 12
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0008| 501 to 800 16
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0009| 801 to 1,000 20
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0010| more than 1,000 20, plus [3]
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0011| 1 for each
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0012| additional
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0013| [1,000]
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0014| 100.
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0015| The designated disabled parking spaces shall be located so as
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0016| to provide the most convenient access to entrance ways or to
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0017| the nearest curb cut. One of every eight designated disabled
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0018| parking spaces, but not less than one, shall be designated as
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0019| van accessible.
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0020| C. In parking lots with five or fewer parking
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0021| spaces, one accessible parking space shall be provided but
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0022| need not be designated by sign and pavement painting. Use of
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0023| the undesignated accessible parking space by a vehicle without
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0024| a special registration plate or parking placard shall not be a
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0025| violation of Section 66-7-352.5 NMSA 1978."
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0001| Section 10. Section 66-7-352.5 NMSA 1978 (being Laws
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0002| 1983, Chapter 45, Section 5, as amended) is amended to read:
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0003| "66-7-352.5. UNAUTHORIZED USE--PENALTY.--[A.] It is
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0004| unlawful for any person to park a motor vehicle not carrying
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0005| special registration plates or a parking placard
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0006| indicating [disability] severe mobility impairment or
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0007| severe visual impairment in accordance with Section 66-3-16
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0008| NMSA 1978 in a designated disabled parking space [or blocking
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0009| a curb cut]. It is unlawful for any person to park a
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0010| vehicle with or without a special registration plate or
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0011| parking placard in a position that blocks a curb cut or access
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0012| aisle. Any person who violates this subsection is subject to
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0013| a [fifty-dollar ($50.00)] minimum three hundred dollar
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0014| ($300) fine and the vehicle may be towed at the owner's
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0015| expense.
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0016| [B. A person charged with a violation of Subsection
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0017| A of this section shall not be determined to have committed an
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0018| infraction if he produces in court special disabled
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0019| registration plates or a placard indicating disability in
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0020| accordance with Section 66-3-16 NMSA 1978 or demonstrates he
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0021| was entitled to such at the time of the violation.]"
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0022| Section 11. EFFECTIVE DATE.--The effective date of the
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0023| provisions of this act is July 1, 1998.
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0024|
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0025|
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