SENATE BILL 370

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO MOTOR VEHICLES; INCREASING THE FINES FOR PARKING IN A DESIGNATED DISABLED PARKING SPACE; PROVIDING FOR SUSPENSION OR REVOCATION OF SPECIAL REGISTRATION PLATES OR PARKING PLACARDS; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-3-16.1 NMSA 1978 (being Laws 1995, Chapter 129, Section 2, as amended) is amended to read:

     "66-3-16.1. PROHIBITED ACTS--PENALTIES.--

          A. Any person who provides false information in order to acquire, or who assists an unqualified person to acquire, a special registration plate or parking placard as provided in Section 66-3-16 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          B. Any person, other than the person to whom a special registration plate or a parking placard was issued, who in the absence of the holder of the plate or placard, parks in a designated disabled parking space while displaying the plate or placard, is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. The holder of a special registration plate or parking placard shall not give or lend his plate or placard to another person for use when the holder is not in the motor vehicle. For the first offense pursuant to this subsection, the department shall suspend the holder's privilege to have a special registration plate or parking placard for six months. For a second offense, the department shall permanently revoke the holder's privilege to have a special registration plate or parking placard.

          [C.] D. A special registration plate or parking placard displayed on a vehicle parked in a designated disabled parking space in the absence of the holder of that plate or placard, is subject to immediate seizure by a law enforcement official and if seized shall be delivered to the division within seventy-two hours.

          E. Failure to surrender the parking placard on demand of a law enforcement officer or the department is a petty misdemeanor and punishable by a fine not to exceed one hundred dollars ($100)."

     Section 2. Section 66-7-352.5 NMSA 1978 (being Laws 1983, Chapter 45, Section 5, as amended) is amended to read:

     "66-7-352.5. UNAUTHORIZED USE--PENALTIES.--

           A. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to Section 66-3-16 NMSA 1978 in a designated disabled parking space.

           B. It is unlawful for any person to park a motor vehicle in such a manner so as to block access to any part of a curb cut designed for access by persons with severe mobility impairment.

           C. Any person convicted of violating Subsection A or B of this section is subject to a fine of not less than [one hundred dollars ($100)] two hundred fifty dollars ($250) or more than [three hundred dollars ($300)] four hundred fifty dollars ($450). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A or B of this section.

           D. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot."

     Section 3. APPROPRIATION.--Five thousand dollars ($5,000) is appropriated from the general fund to the taxation and revenue department for expenditure in fiscal year 2005 to conduct a statewide advertising campaign to explain the provisions of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

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