HOUSE BILL 382

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

James R.J. Strickler

AN ACT

RELATING TO STATE PARKS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR PENALTIES UNDER THE BOAT ACT; PROVIDING FOR PENALTY ASSESSMENT MISDEMEANORS IN STATE PARKS.

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

     SECTION 1. A new section of Chapter 16, Article 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] STATE PARKS DIVISION PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

          A. As used in Chapter 16, Article 2 NMSA 1978, "penalty assessment misdemeanor" means a violation of any rule of the state parks division of the energy, minerals and natural resources department promulgated pursuant to Chapter 16, Article 2 NMSA 1978. The penalty assessment for such violation is seventy-five dollars ($75.00).

          B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person or disappearance of a person.

          C. Unless a warning notice is given to an alleged violator at the time that the alleged violator is charged with a penalty assessment misdemeanor, the officer shall advise the person of the option either to accept the penalty assessment and pay it or to appear in court. If the person chooses to accept the penalty assessment and pay it, the signature of the alleged violator on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

          D. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

          E. Payment of any penalty assessment shall be mailed to the state parks division within thirty days from the date of the charge. Payments of penalty assessments are timely if postmarked within thirty days from the date of the charge. The state parks division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt. If the state parks division does not receive payment within thirty days from the date of the charge, the alleged violator may be issued a notice to appear for the alleged violation.

          F. Upon a second conviction, or acceptance of a notice of penalty assessment, for violation of Section 66-12-7, 66-12-7.1, 66-12-10 or 66-12-14 NMSA 1978 or any rule of the state parks division promulgated pursuant to those sections, the penalty assessment shall be one hundred dollars ($100). Upon a third or subsequent conviction, or acceptance of a notice of penalty assessment, the penalty assessment shall be two hundred dollars ($200).

          G. The state parks division is authorized to refuse to allow a person who fails to pay a penalty assessment or who fails to appear after proper notice to enter a state park or to sell the person permits or passes for use of a state park or state park facility. The state parks division may allow the person to enter a state park or purchase permits or passes for use of a state park or state park facility upon payment of the penalty assessment or appearance after proper notice."

     SECTION 2. Section 66-12-23 NMSA 1978 (being Laws 1963, Chapter 45, Section 9, as amended) is amended to read:

     "66-12-23. PENALTIES.--

          A. Except for penalty provisions provided in Subsections B through H of this section, a person who violates a provision of the Boat Act or a [regulation] rule of the state parks division of the energy, minerals and natural resources department promulgated pursuant to that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          B. As used in Chapter 66, Article 12 NMSA 1978, "penalty assessment misdemeanor" means a violation of Section 66-12-7, 66-12-7.1, 66-12-10 or 66-12-14 NMSA 1978 or a rule of the state parks division promulgated pursuant to those sections. The penalty assessment for such violation is seventy-five dollars ($75.00).

          C. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person or disappearance of a person.

          D. Unless a warning notice is given to an alleged violator at the time that the alleged violator is charged with a penalty assessment misdemeanor, the officer shall advise the person of the option either to accept the penalty assessment and pay it or to appear in court. If the person chooses to accept the penalty assessment and pay it, the signature of the alleged violator on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

          E. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

          F. Payment of any penalty assessment shall be mailed to the state parks division within thirty days from the date of the charge. Payments of penalty assessments are timely if postmarked within thirty days from the date of the charge. The state parks division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt. If the state parks division does not receive payment within thirty days from the date of the charge, the alleged violator may be issued a notice to appear for the alleged violation.

          G. Upon a second conviction, or acceptance of a notice of penalty assessment, for violation of Section 66-12-7, 66-12-7.1, 66-12-10 or 66-12-14 NMSA 1978 or any rule of the state parks division promulgated pursuant to those sections, the penalty assessment shall be one hundred dollars ($100).

 Upon a third or subsequent conviction, or acceptance of a notice of penalty assessment, the penalty assessment shall be two hundred dollars ($200).

          H. The state parks division is authorized to refuse to allow a person who fails to pay a penalty assessment or who fails to appear after proper notice to enter a state park or to sell the person permits or passes for use of a state park or state park facility. The state parks division may allow the person to enter a state park or purchase permits or passes for use of a state park or state park facility upon payment of the penalty assessment or appearance after proper notice."

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