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(Parenthesis ( ) Indicate Expenditure Decreases)

Synopsis of HCPAC Amendment

The House Consumer and Public Affairs Committee Substitute for House Bill 145 includes the following significant changes:

• allows a physician to certify permanent impairment and the applicant need obtain this statement only once; (2) a placard issued to a person certified as having a permanent disability is good from the date of issue until the person's driver's license or identification care expires. This means four years for most drivers or one year if the person is over 75; (3) increases the maximum time applicability for a temporary placard to one year; (4) increases the fine for parking in a designated handicapped parking space or curb cut from $50 to a range from $100 to $300 (see technical comment); (5) establishes two new penalties, Parking with a placard but without the right to display the placard carries a court-imposed penalty (no mail-in penalty assessment) of a fine not to exceed $300 and term of imprisonment not to exceed 90 days and failure to surrender placard on demand of law enforcement, a fine of $100; (6) eliminates the fee for issuance of these parking placards.

The effective date in not specified, assume 90 days after adjournment (June 18, 1999). The Taxation and Revenue Department indicates that the comprehensive reissue of placards was accomplished July 1, 1995. The placards were renewed July 1, 1997 and will again be renewed under current law on July 1, 1999. Many mobility-impaired persons would like to renew their placards a month or two before expiration. The June 18, 1999 effective date will be sufficient to allow all the holders of two-year placards that expire July 1, 1999 to receive a new four-year placard. The Department will simply issue renewals after the effective date of this bill.

A technical issue raised by the department is that the fine increase for parking in a handicapped parking space from $50 to a range of $100 to $300 conflicts with 66-8-116 NMSA. That section provides a penalty assessment misdemeanor of $50 for violation of 66-7-352.5. Section 66-8-116 NMSA 1978 also provides that "no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor". In effect, 66-8-116 vetoes the proposed increase in fine.

The attached analysis by the Taxation and Revenue Department adequately addresses the intent and fiscal impact.

RS/njw

Attachment