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F I S C A L I M P A C T R E P O R T

SPONSOR Altamirano

DATE TYPED 2/07/05

HB

SHORT TITLE Motor Transportation Division Powers and Duties

SB 395

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Public Safety (DPS)

Administrative Office of the District Attorneys (AODA)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 395 provides an organizational structure, authority to enforce provisions of the crimi-

nal code and defines administration of the Motor Transportation Division within the Department

of Public Safety. Also, the bill creates criminal offenses regarding and providing penalties for

misuse of a motor transportation division uniform, badge or vehicle.

Significant Issues

Currently the Motor Transportation Division is defined in the provisions of the Motor Carrier

Act, Motor Transportation Act and Motor Carrier Safety Act (65-1-6 through 65-1-9 NMSA

1978) and other laws regulating commercial motor vehicles to include patrolling highways and

establishing ports-of-entry and roadblocks (95-1-2 (J) NMSA 1978 and 65-1-11 NMSA 1978).

The division obtains the authority to enforce the Motor Vehicle Code pursuant to Section 66-2-

12 (B) NMSA 1978. Motor Transportation Division had the authority to enforce the Drug En-

forcement Act up until 1998.

Senate Bill 395 -- Page 2

PERFORMANCE IMPLICATIONS

DPS states the proposed legislation expands the Motor Transportation Division’s authority to

enforce provisions of the criminal code, which they feel diminishes and dilutes the capacity of

the division to enforce the laws for which they were created.

Motor Transportation Division consists of 147 authorized law enforcement officers who are

commissioned as police officers, as defined in Section 29-7-7 NMSA 1978, by the director of the

division. Motor Transportation Division officers deal in the course of their duties with drug traf-

ficking, drug usage, concealed identity and other issues that are under the Criminal Code. Motor

Transportation Division officers also serve as backup for the State Police and other law enforce-

ment agencies dealing with issues such as, domestic violence, theft, aggravated assault. The of-

ficers currently have no enforcement authority to deal with these issues that come under the

Criminal Code.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 669 is identical to Senate Bill 395.

TECHNICAL ISSUES

DPS states that in the proposed legislation where the word “chief” appears should be replaced

with the work “director”, and where the word “deputy chief” appears should be replaced with the

work “deputy director”.

OTHER SUBSTANTIVE ISSUES

DPS recommends amending the proposed legislation by striking “and the Criminal Code” from

page three line 24.

RLP/sb