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HB 382: BOAT ACT PENALTIES & STATE PARK PENALTIES

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

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MILD HB 382
BOAT ACT PENALTIES & STATE PARK PENALTIES

Legislative URL:
HB 382 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[13] HHGIC/HJC-HHGIC [32] DNP-CS/DP-HJC API.
Issue(s):
,

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HHGIC Committee Report
HHGIC Committee Substitute
Fiscal Impact Report
Summary

The bill adds new law and amends existing law regarding the violation of State Park rules. It creates a new category of violations called a “penalty assessment misdemeanor.” It applies to many rule violations but not to any that cause or contribute to an accident resulting in injury or death to a person, the disappearance of a person or to one listed in Section 16-2-32 NMSA 1978 (actions such as, among others, damaging trees and shrubs, killing a bird or animal, taking fish without a license or as otherwise allowed by law, damaging guideposts and fences, lighting fires in unauthorized areas). A violation of a State Park rule that results in injury, death or disappearance may lead to a petty misdemeanor charge as would a violation of Section 16-2-32 NMSA 1978.

Penalty assessment misdemeanors essentially are tickets payable to the court. If the person arrested does not agree to pay the assessment the person must appear in court. The bill provides extensive detail regarding the ensuing legal procedure. The assessment for a first violation is $30, for the second is $50 and for a third is $100.

The bill also amends the Boat Act so that the penalty assessment misdemeanor applies to certain violations of the Boat Act that relate to equipment, personal flotation devices, muffling devices, waterskis and surfboards. The assessments for these violations are $30, $50 and $150.

One concern with the original bill might be that all actions prohibited by the rules could be treated the same and, essentially, be worth a $75 fine, except for those causing death, injury or disappearance. The committee substitute may alleviate such concern, at least in part, by pulling out a list of actions that are not subject to the penalty assessment misdemeanor, that is, those actions listed in Section 16-2-32 NMSA 1978 which will remain petty misdemeanors. The lowering of the assessment amounts may be of concern though, as $30 may not be much of a deterrent.

Outcome: HB 382 died in the House Judiciary Committee.

Date of Summary:  2/26/13; Updated 5/21/13