SENATE BILL 511
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
James G. Taylor
AN ACT
RELATING TO MOTOR VEHICLES; PROVIDING FOR A PERMANENT DISTINCTIVE REGISTRATION PLATE FOR PERMANENTLY DISABLED PERSONS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-3-16 NMSA 1978 (being Laws 1978, Chapter 35, Section 36, as amended) is amended to read:
"66-3-16. DISTINCTIVE REGISTRATION PLATES--PERSONS WITH SIGNIFICANT MOBILITY LIMITATION--PARKING PLACARD.--
A. The division shall issue permanent distinctive registration plates for use on motor vehicles and motorcycles owned by a person with a significant mobility limitation [who requests a distinctive registration plate and who proves satisfactorily to the division that the person meets the standard provided in Subsection I of this section. No fee in addition to the] as defined in Subsection K of this section, who makes a written application for issuance of the plates, accompanied by a medical statement from a licensed physician attesting to the permanent significant mobility limitation. A one-time fee of one hundred dollars ($100) shall be collected for issuance of each plate, but no other fee, including a regular registration fee, if any, applicable to the motor vehicle or motorcycle shall be collected for issuance of distinctive registration plates pursuant to this section.
B. The revenue from the fee for each distinctive registration plate issued pursuant to Subsection A of this section shall be distributed as follows:
(1) twenty dollars ($20.00) shall be retained by the department and is appropriated to the department to defray the costs of making and issuing the distinctive plates; and
(2) eighty dollars ($80.00) shall be distributed to the disability fund and is appropriated to the governor's commission on disability to further the purposes of Sections 28-10-1 through 28-10-8.1 NMSA 1978.
[B.] C. No person shall falsely claim to have a significant mobility limitation so as to be eligible to be issued a distinctive registration plate or a parking placard pursuant to this section when the person does not in fact have a significant mobility limitation. Upon notice and opportunity to be heard, the division may revoke and demand return of any placard when:
(1) it was issued in error or with false information;
(2) the person receiving the placard is no longer eligible; or
(3) the placard is being used by ineligible persons.
[C.] D. Upon written application to the division accompanied by a medical statement by a licensed physician attesting to the permanent significant mobility limitation, a resident of the state who has a significant mobility limitation, as provided in this section, may apply for and be issued no more than two parking placards for display upon a motor vehicle registered to the person or motor vehicle owned by another person who is transporting the person with a significant mobility limitation. The physician shall provide the division all information and records necessary to issue a permanent parking placard. Once approved for use of a permanent parking placard, a person with a significant mobility limitation shall not be required to furnish further medical information.
[D.] E. A parking placard issued pursuant to this section shall expire on the same date the person's license or identification card issued pursuant to Section 66-5-401 NMSA 1978 expires.
[E.] F. The division shall issue two-sided hanger-style parking placards with the following characteristics:
(1) a picture of the international symbol of access;
(2) a hologram to make duplication difficult;
(3) an imprinted expiration date; and
(4) a full-face photograph of the holder on the inside of the placard covered by a flap.
[F.] G. The division shall consult with the governor's commission on disability for continued issuance and format of the placard.
[G.] H. The division may issue an identification card containing a full-face photograph of the holder of the registration plate or parking placard and the number of the registration plate or parking placard issued to that person.
[H.] I. Upon written application to the division accompanied by a medical statement from a licensed physician attesting to a temporary significant mobility limitation, a person may be issued a temporary placard for no more than one year. The physician shall provide the division all information and records necessary to issue a temporary placard.
[I.] J. Registration plates or parking placards issued to a person with a significant mobility limitation by another state or foreign jurisdiction shall be honored until the motor vehicle or motorcycle is registered or the parking placard holder establishes residency in this state.
[J.] K. A person with a significant mobility limitation means a person who:
(1) cannot walk one hundred feet without stopping to rest;
(2) cannot walk without the use of a brace, cane or crutch or without assistance from another person, a prosthetic device, a wheelchair or other assistive device;
(3) is restricted by lung disease to such an extent that the person's forced respiratory volume, when exhaling for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty millimeters on room air at rest;
(4) uses portable oxygen;
(5) has a severe cardiac condition; or
(6) is so severely limited in the ability to walk due to an arthritic, neurologic or orthopedic condition that the person cannot ascend or descend more than ten stair steps."
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