0001| HOUSE BILL 557
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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| JOHN A. HEATON
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO MOTOR VEHICLES; AMENDING A SECTION OF THE NMSA 1978
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0012| TO GRANT SPECIAL PLACARDS TO OWNERS OF VEHICLES TRANSPORTING
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0013| DISABLED PERSONS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 66-3-16 NMSA 1978 (being Laws 1978,
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0017| Chapter 35, Section 36, as amended) is amended to read:
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0018| "66-3-16. SPECIAL REGISTRATION PLATES--DISABLED
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0019| PERSONS [DISPLAY DEVICE] PLACARDS.--
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0020| A. The division shall issue distinctive
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0021| registration plates to any disabled person who so requests and
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0022| who proves satisfactorily to the division that he has suffered
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0023| the loss, or the complete and total loss of use of, one or both
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0024| legs at or above the ankle or of one or both arms at or above
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0025| the wrist for use on motor vehicles owned by the person. No
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0001| fee in addition to the regular registration fee, if any,
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0002| applicable to the motor vehicle shall be collected for issuance
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0003| of special registration plates pursuant to this section.
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0004| B. No person shall falsely represent himself to be
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0005| disabled so as to be eligible to be issued special
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0006| registration plates or [display devices] placards pursuant
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0007| to this section when he is in fact not disabled. Upon notice
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0008| and opportunity to be heard, the division may revoke and demand
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0009| return of any placard when:
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0010| (1) it was issued in error or with false
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0011| information;
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0012| (2) the person receiving the placard is no
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0013| longer eligible; or
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0014| (3) the placard is being used by ineligible
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0015| persons.
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0016| C. Upon written application to the division
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0017| accompanied by a medical statement by a licensed physician
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0018| attesting to the disability, a resident of the state who has a
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0019| disability that limits or impairs the ability to walk, as
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0020| provided in Subsection [G] H of this section, may apply for
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0021| and be granted the issuance of a placard for display upon a
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0022| motor vehicle registered to him or motor vehicle owned by
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0023| another person who is transporting him. The director may
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0024| charge a reasonable fee to cover the cost of the placard and of
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0025| its issuance. The fee shall be retained by the division and
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0001| shall be appropriated to the division for expenditures incurred
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0002| in the implementation of the placard replacement program.
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0003| D. Upon written application to the division, the
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0004| resident owner of a motor vehicle that usually, and as its
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0005| primary use, transports persons with a disability, including a
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0006| temporary disability, that limits or impairs the ability to
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0007| walk, as provided for in Subsection H of this section, may
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0008| apply for and be granted the issuance of a placard for display
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0009| upon the motor vehicle registered to the owner. The director
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0010| may charge a reasonable fee to cover the cost of the placard
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0011| and of its issuance. The fee shall be retained by the division
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0012| and shall be appropriated to the division for expenditures
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0013| incurred in the implementation of the placard replacement
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0014| program. For purposes of this subsection, the resident owner
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0015| applying for the placard may be an individual or other legal
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0016| entity. The director may promulgate rules and regulations to
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0017| establish the application form and procedures and the standards
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0018| necessary to permit placard issuance under this subsection.
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0019| [D.] E. A placard issued pursuant to this
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0020| section shall expire in no more than two years.
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0021| [E.] F. The division shall issue two-sided
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0022| hanger-style placards with the following characteristics:
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0023| (1) the international symbol of access shall
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0024| be displayed on both sides of the placard and shall be at least
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0025| three inches in height, centered on the placard and white on a
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0001| blue [shield] field;
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0002| (2) an identification number enabling the
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0003| division to identify the holder of each placard. The division
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0004| shall maintain this information in a readily retrievable format
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0005| and make it available on demand to any law enforcement agency;
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0006| (3) the date of expiration; and
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0007| (4) the division seal or other identification
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0008| of the issuing authority.
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0009| [F.] G. Upon written application to the
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0010| division accompanied by a medical statement from a licensed
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0011| physician attesting to a temporary disability, a person who has
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0012| a temporary disability that limits or impairs the ability to
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0013| walk may be issued a temporary placard, which shall be
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0014| distinguishable in appearance from placards valid for two
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0015| years. The medical statement shall include the period of time
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0016| that the physician determines the applicant will have the
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0017| disability. A temporary placard issued pursuant to this
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0018| section shall be valid no more than six months.
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0019| [G.] H. For the purpose of obtaining a placard,
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0020| a person with a "disability that limits or impairs the ability
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0021| to walk" means the person:
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0022| (1) cannot walk one hundred feet without
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0023| stopping to rest;
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0024| (2) cannot walk without the use of a brace, a
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0025| cane, a crutch, another person, a prosthetic device, a
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0001| wheelchair or another assistive device;
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0002| (3) is restricted by lung disease to such an
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0003| extent that the person's forced respiratory volume, when
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0004| exhaling for one second, when measured by spirometry, is less
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0005| than one liter or the arterial oxygen tension is less than
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0006| sixty millimeters on room air at rest;
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0007| (4) uses portable oxygen;
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0008| (5) has a severe cardiac condition; or
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0009| (6) is so severely limited in his ability to
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0010| walk due to an arthritic, neurologic or orthopedic condition
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0011| that the person cannot ascend or descend more than ten stair
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0012| steps.
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0013| [H.] I. Special registration plates or placards
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0014| issued to the disabled person by another state or foreign
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0015| jurisdiction shall be granted reciprocity while the vehicle and
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0016| disabled operator are in this state for a period not to exceed
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0017| thirty days.
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0018| [I.] J. All placards shall be issued in
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0019| accordance with this section beginning on July 1, 1995. All
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0020| placards issued prior to July 1, 1995 shall expire on July 1,
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0021| 1996."
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0022|
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