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

SPONSOR Gardner

ORIGINAL DATE

LAST UPDATED

2/12/2007

3/13/2007 HB 425/aHTPWC

SHORT TITLE Motor Carrier Drug Test Reporting

SB

ANALYST Schuss

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$100.0 $100.0

$200.0 Recurring General

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Motor Transportation Division (MTD)

Taxation and Revenue Department (TRD)

SUMMARY

Synopsis of HTRC Amendment

This amendment clarifies what is to be done when a positive test result is deemed valid.

Subsection C now reads:

When a medical review officer of a motor carrier's testing program or of the consortium

to which the motor carrier belongs determines that a positive test result is valid, the officer shall

report the findings to the Motor Vehicle Division of the Taxation and Revenue Department. The

Motor Vehicle Division shall enter the positive test results in the commercial driver’s license

information system pursuant to the New Mexico Commercial Driver’s License Act.

Synopsis of Original Bill

House Bill 425 adds a new section to the Motor Carrier Safety Act. It requires that a motor

carrier have an in-house drug and alcohol testing program that meets the Federal Motor Carrier

Safety Administration regulations on controlled substances and alcohol use and testing. If the

motor carrier is a member of a consortium as defined by federal regulations then the consortium

must meet federal testing regulations as well.

House Bill 425/aHTPWC – Page

2

At the time registration or renewal of a commercial motor vehicle, a motor carrier shall certify to

the Motor Vehicle Division of the Taxation and Revenue Department that they are in compliance

with the regulations. If a positive test result is determined to be valid then the findings shall also

be reported to the Motor Vehicle Division of the Taxation and Revenue Department.

FISCAL IMPLICATIONS

TRD reports a need for 2 FTE’s and the estimated costs which include salary, benefits,

equipment, and offices/desks, etc. would be approximately $100,000.

No fiscal implications were reported by the Motor Transportation Division.

SIGNIFICANT ISSUES

HB 425 requires that compliance of regulations and the findings of positive test results be

reported to the Motor Vehicle Division of the Taxation and Revenue Department.

ADMINISTRATIVE IMPLICATIONS

TRD notes the following impact:

Implementation of House Bill 425 would require two additional full time employees (FTE) to

ensure that proper action is taken and that accurate records are maintained.

1.

One FTE to track and maintain records of all motor carriers’ or consortia’s compliance

with the requirement for in-house drug and alcohol testing programs that meet federal

requirements.

2.

One FTE to track and maintain records of CDL drivers’ positive tests results as reported

by medical review officers of motor carriers’ testing programs.

TECHNICAL ISSUES

According to TRD, the bill does not contain a provision for what Motor Vehicle is to do with the

records of positive test results. Suggested additional language to the bill;

C. When a medical review officer of a motor carrier's testing program or of the

consortium to which the motor carrier belongs determines that a positive test result is

valid, the officer shall report the findings to the motor vehicle division of the taxation and

revenue department. The motor vehicle division shall keep the report as part of its official

records."

It is not clear what action would be taken if a determination is made that a motor carrier or

consortium is not in compliance with the in-house drug and alcohol testing program certification

and reporting requirements.

BS/nt