0001| HOUSE BILL 31
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| WILLIAM E. PORTER
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0005|
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0006|
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0007|
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0008| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO MOTOR VEHICLES; AMENDING SECTIONS OF THE MOTOR
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0012| VEHICLE CODE TO CHANGE PROVISIONS PERTAINING TO ISSUANCE AND
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0013| USE OF SPECIAL REGISTRATION PLATES FOR DISABLED PERSONS AND
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0014| DISPLAY DEVICES FOR MOBILITY-IMPAIRED PERSONS.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 7-14-6 NMSA 1978 (being Laws 1988,
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0018| Chapter 73, Section 16, as amended) is amended to read:
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0019| "7-14-6. EXEMPTIONS FROM TAX.--
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0020| A. Persons who acquire a vehicle out of state
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0021| thirty or more days before establishing a domicile in this
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0022| state are exempt from the tax if the vehicle was acquired for
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0023| personal use.
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0024| B. Persons applying for a certificate of title for
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0025| a vehicle registered in another state are exempt from the tax
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0001| if they have previously registered and titled the vehicle in
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0002| New Mexico and have owned the vehicle continuously since that
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0003| time.
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0004| C. Certificates of title for all vehicles owned by
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0005| this state or any political subdivision are exempt from the
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0006| tax.
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0007| D. A vehicle subject to registration under
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0008| Subsection A of Section 66-3-16 NMSA 1978 is exempt from the
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0009| tax.
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0010| E. Persons who acquire vehicles for subsequent
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0011| lease shall be exempt from the tax if:
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0012| (1) the person does not use the vehicle in any
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0013| manner other than holding it for lease or sale or leasing or
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0014| selling it in the ordinary course of business;
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0015| (2) the lease is for a term of more than six
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0016| months;
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0017| (3) the receipts from the subsequent lease are
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0018| subject to the gross receipts tax; and
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0019| (4) the vehicle does not have a gross vehicle
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0020| weight of over twenty-six thousand pounds."
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0021| Section 2. Section 66-3-16 NMSA 1978 (being Laws 1978,
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0022| Chapter 35, Section 36, as amended) is amended to read:
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0023| "66-3-16. SPECIAL REGISTRATION PLATES--DISABLED
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0024| PERSONS--DISPLAY [DEVICE] DEVICES--MOBILITY-IMPAIRED
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0025| PERSONS.--
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0001| A. The [division] department shall issue
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0002| distinctive registration plates to any disabled person who so
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0003| requests and who [proves satisfactorily] submits proof
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0004| satisfactory to the [division] department that he has
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0005| suffered the loss, or the complete and total loss of use of,
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0006| one or both legs at or above the ankle or of one or both arms
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0007| at or above the wrist for use on motor vehicles owned by the
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0008| person. No fee in addition to the regular registration fee, if
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0009| any, applicable to the motor vehicle shall be collected for
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0010| issuance of special registration plates pursuant to this
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0011| [section] subsection.
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0012| [B. No person shall falsely represent himself to
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be disabled as to be eligible to be issued special registration
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plates or display devices pursuant to this section when he is
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in fact not disabled. Upon notice and opportunity to be heard,
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the division may revoke and demand return of any placard when:
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(1) it was issued in error or with false
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information;
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(2) the person receiving the placard is no
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longer eligible; or
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(3) the placard is being used by ineligible
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persons.]
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0023| B. Upon written application and submission of
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0024| proof satisfactory to the department, the department may issue
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0025| distinctive registration plates to the owner or lessor of a
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0001| motor vehicle that has been permanently adapted for use by a
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0002| disabled person who has suffered the loss, or the complete and
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0003| total loss of use of, one or both legs at or above the ankle or
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0004| of one or both arms at or above the wrist; provided, however,
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0005| that the vehicle must be used solely for the transportation of
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0006| one or more disabled persons who have suffered the loss, or the
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0007| complete and total loss of use of, one or both legs at or above
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0008| the ankle or of one or both arms at or above the wrist. No fee
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0009| in addition to the regular registration fee, if any, applicable
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0010| to the motor vehicle shall be collected for issuance of special
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0011| registration plates pursuant to this subsection.
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0012| C. Upon written application to the [division]
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0013| department accompanied by a medical statement by a licensed
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0014| [physician] medical care provider attesting to the [dis-
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ability, a resident of the state who has a disability that
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limits or impairs the ability to walk] impairment, a person
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0018| who is mobility impaired, as provided in Subsection G of this
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0019| section, may apply for and be granted the issuance of a
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0020| [placard for display upon a motor vehicle registered to him or
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motor vehicle owned by another person who is transporting him]
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0022| display device to evidence that person's eligibility to use a
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0023| designated disabled parking space as defined in Subsection E of
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0024| Section
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0025| 66-1-4.4 NMSA 1978. If not otherwise prohibited by federal
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0001| law, the [director] secretary may charge a reasonable fee
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0002| to cover the cost of the [placard] display device and of
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0003| its issuance. The fee shall be retained by the [division]
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0004| department and [shall be] is appropriated to the
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0005| [division] department for expenditures incurred in [the
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implementation of the placard replacement program] providing
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0007| display devices.
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0008| D. Upon written application and submission of
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0009| proof satisfactory to the department, the department may issue
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0010| a display device to an organization that, as part of its
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0011| regular program activities, provides transportation services to
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0012| mobility-impaired persons, as defined in Subsection G of this
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0013| section, in buses designed to transport no more than eight
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0014| persons plus a driver; provided, if a display device is issued,
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0015| it may be used as evidence of eligibility to use a designated
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0016| disabled parking space as defined in Subsection E of Section
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0017| 66-1-4.4 NMSA 1978 only when at least fifty percent of the
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0018| persons being transported, exclusive of the driver, are
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0019| mobility impaired. If not otherwise prohibited by federal law,
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0020| the secretary may charge a reasonable fee to cover the cost of
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0021| the display device and of its issuance. The fee shall be
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0022| retained by the department and is appropriated to the
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0023| department for expenditures incurred in providing display
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0024| devices.
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0025| [D.] E. A [placard] display device issued
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0001| pursuant to this section shall [expire in no more than two]
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0002| be valid for a period not to exceed four years; provided, a
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0003| person who is mobility impaired due to a temporary medical
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0004| condition shall be issued a display device that shall be valid
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0005| for a period not to exceed six months. The medical statement
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0006| shall include the period of time that the medical care provider
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0007| determines the applicant will be mobility impaired, up to the
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0008| maximum allowable in this subsection.
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0009| [E.] F. The [division shall issue] display
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0010| device to be issued by the department shall be a two-sided
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0011| hanger-style [placards] placard with the following
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0012| characteristics:
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0013| (1) the international symbol of access shall
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0014| be displayed on both sides of the placard and shall be at least
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0015| three inches in height, centered on the placard and white on a
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0016| blue shield;
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0017| (2) an identification number enabling the
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0018| [division] department to identify the holder of each
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0019| placard. The [division] department shall maintain this
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0020| information in a readily retrievable format and make it
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0021| available on demand to any law enforcement agency;
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0022| (3) the date of expiration; and
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0023| (4) the [division] department seal or
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0024| other identification of the issuing authority.
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0025| [F. Upon written application to the division
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accompanied by a medical statement from a licensed physician
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attesting to a temporary disability, a person who has a
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temporary disability that limits or impairs the ability to walk
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may be issued a temporary placard, which shall be
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distinguishable in appearance from placards valid for two
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years. The medical statement shall include the period of time
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that the physician determines the applicant will have the
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disability. A temporary placard issued pursuant to this
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section shall be valid no more than six months.]
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0010| G. For the purpose of obtaining a [placard]
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0011| display device, a person [with a "disability that limits or
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impairs the ability to walk" means the person] who is
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0013| "mobility impaired":
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0014| (1) cannot walk one hundred feet without
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0015| stopping to rest;
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0016| (2) cannot walk without the use of a brace, a
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0017| cane, a crutch, another person, a prosthetic device, a
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0018| wheelchair or another assistive device;
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0019| (3) is restricted by lung disease to such an
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0020| extent that the person's forced respiratory volume, when
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0021| exhaling for one second, when measured by spirometry, is less
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0022| than one liter or the arterial oxygen tension is less than
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0023| sixty millimeters on room air at rest;
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0024| (4) uses portable oxygen;
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0025| (5) has a severe cardiac condition; or
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0001| (6) is so severely limited in his ability to
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0002| walk due to an arthritic, neurologic or orthopedic condition
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0003| that the person cannot ascend or descend more than ten stair
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0004| steps.
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0005| H. No person shall falsely represent himself to be
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0006| disabled or mobility impaired so as to be eligible to be issued
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0007| special registration plates or display devices pursuant to this
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0008| section when he is in fact not disabled or mobility impaired.
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0009| Upon notice and opportunity to be heard, the department may
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0010| revoke and demand return of a registration plate or display
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0011| device when:
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0012| (1) it was issued in error or with false
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0013| information;
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0014| (2) the person receiving the registration
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0015| plate or display device is no longer eligible; or
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0016| (3) the registered vehicle or display device
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0017| is being used by ineligible persons.
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0018| I. A registration plate or display device issued
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0019| under the provisions of this section shall be returned to the
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0020| department in Santa Fe when the person or organization to whom
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0021| it was issued no longer is eligible to use the registration
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0022| plate or display device. No refund or adjustment of any fee
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0023| paid in connection with the issuance of the registration plate
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0024| or display device shall be made.
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0025| [H.] J. Special registration plates or
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0001| [placards] display devices issued to [the] a disabled
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0002| or mobility-impaired person by another state or foreign
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0003| jurisdiction shall be granted reciprocity while the vehicle and
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0004| the disabled [operator] or mobility-impaired person are
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0005| in this state for a period not to exceed [thirty days] one
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0006| hundred twenty days per calendar year.
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0007| [I. All placards shall be issued in accordance
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with this section beginning on July 1, 1995.]
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0009| K. All placards issued prior to July 1, 1995
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0010| [shall
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expire on July 1, 1996] are void."
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0012| - 8 -
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