FORTY-THIRD LEGISLATURE
SECOND SESSION
February 18, 1998
HOUSE FLOOR AMENDMENT number ______ to HOUSE BILL 419
Amendment sponsored by Representative William E. Porter
1. On page 11, line 6, strike "medical" and insert in lieu
thereof "mobility".
2. On page 13, line 14, remove the brackets and line-through.
3. On page 13, line 18, strike the semicolon and "or" and
insert in lieu thereof a period.
4. On page 13, strike lines 19 through 25 and on page 14,
strike lines 1 through 4.
5. On page 14, between lines 15 and 16, insert the following
new section:
"Section 6. A new section of the Motor Vehicle Code is
enacted to read:
"[NEW MATERIAL] LONG-TERM CARE FACILITY PARKING
PLACARDS--ELIGIBILITY--REQUIRED REPORTS.--
A. Upon application satisfactory to the department, an
administrator of a long-term care facility licensed by the
department of health may be granted one parking placard for each
long-term care facility under his direct supervision in the state
for use in the transport of persons with severe mobility impairment
in situations in which it is impractical for the person being
transported to obtain and use his own parking placard.
B. A long-term care facility parking placard shall
expire annually on the last day of the month in which it was
issued.
C. A long-term care facility parking placard may be
renewed upon application to the department if the administrator of
the long-term care facility provides the information reasonably
requested by the department, including the number of persons with
severe mobility impairments and the number of persons without
severe mobility impairments transported in the year prior to
renewal. The information may be provided by the department to the
governor's committee on concerns of the handicapped.
D. A person who uses a long-term care facility's
parking placard when not engaged in the transport of a person with
severe mobility impairment or an administrator who knowingly allows
such use of the parking placard in violation of Subsection A of
this section is guilty of a misdemeanor and shall be sentenced
pursuant to the provisions of Section 66-8-7 NMSA 1978."".
6. Renumber the succeeding sections accordingly.
7. On page 15, line 9, strike "division" and insert in lieu
thereof "department".
8. On page 15, line 10, strike "division" both times it
occurs on the line and insert in lieu thereof "department".
9. On page 18, between lines 2 and 3, insert the following
new section:
"Section 10. Section 66-8-116 NMSA 1978 (being Laws 1978,
Chapter 35, Section 524, as amended) is amended to read:
"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--
DEFINITION--SCHEDULE OF ASSESSMENTS.--
A. As used in the Motor Vehicle Code, "penalty
assessment misdemeanor" means violation of any of the following
listed sections of the NMSA 1978 for which the listed penalty
assessment is established:
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT
Permitting unlicensed
minor to drive 66-5-40 $ 10.00
Failure to obey sign 66-7-104 10.00
Failure to obey signal 66-7-105 10.00
Speeding 66-7-301
(1) up to
and including ten
miles an hour
over speed limit 15.00
(2) from eleven up to
and including fifteen
miles an hour
over speed limit 30.00
(3) from sixteen up to
and including twenty
miles an hour over
speed limit 65.00
(4) from twenty-one up to
and including twenty-five
miles an hour
over speed limit 100.00
(5) from twenty-six up to
and including thirty
miles an hour over the
speed limit 125.00
(6) from thirty-one up to
and including thirty-five
miles an hour over the
speed limit 150.00
(7) more than thirty-five
miles an hour over the
speed limit 200.00
Unfastened safety belt 66-7-372 25.00
Child not in restraint device
or seat belt 66-7-369 25.00
Minimum speed 66-7-305 10.00
Speeding 66-7-306 15.00
Improper starting 66-7-324 10.00
Improper backing 66-7-354 10.00
Improper lane 66-7-308 10.00
Improper lane 66-7-313 10.00
Improper lane 66-7-316 10.00
Improper lane 66-7-317 10.00
Improper lane 66-7-319 10.00
Improper passing 66-7-309 through 66-7-312 10.00
Improper passing 66-7-315 10.00
Controlled access
violation 66-7-320 10.00
Controlled access
violation 66-7-321 10.00
Improper turning 66-7-322 10.00
Improper turning 66-7-323 10.00
Improper turning 66-7-325 10.00
Following too closely 66-7-318 10.00
Failure to yield 66-7-328 through 66-7-332 10.00
Failure to yield 66-7-332.1 25.00
Pedestrian violation 66-7-333 10.00
Pedestrian violation 66-7-340 10.00
Failure to stop 66-7-341 through 66-7-346 10.00
Passing school bus 66-7-347 100.00
Failure to signal 66-7-325 through 66-7-327 10.00
Failure to secure load 66-7-407 100.00
Operation without oversize-
overweight permit 66-7-413 50.00
Improper equipment 66-3-801 10.00
Improper equipment 66-3-901 20.00
Improper emergency
signal 66-3-853 through 66-3-857 10.00
Operation interference 66-7-357 5.00
Litterbugging 30-8-4 50.00
Litterbugging 30-8-10 100.00
Litterbugging 66-7-364 100.00
Improper parking 66-7-349 through
66-7-352 and 66-7-353 5.00
Improper parking 66-7-352.5 [50.00] 100.00
Improper parking 66-3-852 5.00
Failure to dim lights 66-3-831 10.00
Riding in or towing
occupied house trailer 66-7-366 5.00
Improper opening of doors 66-7-367 5.00
No slow-moving vehicle
emblem or flashing
amber light 66-3-887 5.00
Open container - first
violation 66-8-138 25.00.
B. The term "penalty assessment misdemeanor" does not
include any violation that has caused or contributed to the
cause of an accident resulting in injury or death to any person.
C. 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 and no probation
imposed upon a suspended or deferred sentence shall exceed
ninety days."".
10. Renumber the succeeding section accordingly.
________________________
William E. Porter
Adopted __________________ Not Adopted________________________
(Chief Clerk) (Chief Clerk)
Date ________________