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F I S C A L I M P A C T R E P O R T





SPONSOR: Rios DATE TYPED: 2/18/01 HB 450
SHORT TITLE: Enforce Disabled Parking on Private Property SB
ANALYST: Rael


REVENUE



Estimated Revenue
Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY01 FY02

No Fiscal Impact



(Parenthesis ( ) Indicate Revenue Decreases)



SOURCES OF INFORMATION



Taxation and Revenue Department (TRD)

Department of Public Safety (DPS)

Administrative Office of the Courts (AOC)



SUMMARY



Synopsis of Bill



The Enforce Disabled Parking on Private Property bill updates certain statute references and adds a new section, Section 66-7-352.6 pertaining to the enforcement of violations under Section 66-7-352.5, allowing state, county and municipal law enforcement personnel to have the authority to issue citations for the unauthorized use of parking spaces for the disabled in their respective jurisdictions, whether the violation occurs on public or private property.



FISCAL IMPLICATIONS



No fiscal impact.



TECHNICAL ISSUES





OTHER SUBSTANTIVE ISSUES



This bill should have a minimal impact on DPS. The definition of highway in Section 66-1-4.8, currently means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel. This proposed legislation would only add violations in areas that are restricted to general public use at the current time.



The AOC reports that this proposed legislation is likely the result of a Rio Rancho case where a municipal law enforcement officer issued a parking ticket to a person for parking in a parking space reserved for the disabled located on private property. The case was appealed to the district court and overturned because there was no jurisdiction on private property.



FAR/njw