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

SPONSOR Saavedra

ORIGINAL DATE

LAST UPDATED

2/14/07

3/09/07 HB 902/aSCORC

SHORT TITLE State Police Authority to Close Highways

SB

ANALYST Peery-Galon

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NA Unknown Unknown Unknown Recurring Unknown

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Department of Public Safety (DPS)

New Mexico Municipal League

No Responses Received From

Department of Transportation (DOT)

Association of Counties (AOC)

SUMMARY

Synopsis of SCORC Amendment

The Senate Corporations and Transportation Committee amendment to House Bill 902 strikes

page 2, lines 2 through 12 and inserts new language. The new language amends the proposed

legislation to require the state police to use all means necessary to reroute traffic around an

accident or incident using lanes, shoulders, frontage roads or alternative routes that are available

and physically unaffected by the accident or incident. The Department of Transportation is to be

notified of highway closures as soon as practicable and assist the state police with traffic control.

During any investigation where evidence is present in the travel portion of the roadway, such

evidence shall be documented and collected first. Any other law enforcement agency

investigating an accident or incident where the investigating agency believes closure of the

highway is necessary is to contact the state police immediately. The state police will evaluate

the emergency situation and determine if the closure is necessary. The state police are to make

the final determination regarding the length of time it is necessary to have the highway closed

and other law enforcement agencies are to adhere to the directions of the state police.

House Bill 902/aSCORC – Page

2

Synopsis of Original Bill

House Bill 902 amends Section 66-7-11 NMSA 1978 to provide in the case of an emergency

situation the temporary closer of highways provided that a lane, shoulder or verge boarding the

state highway within the right-of-way boundaries is passable by motor vehicle without

presenting a substantial danger to vehicular travel. The proposed legislation states the state

police is to engage in traffic control to route traffic in both directions, around or past the

emergency incident in the lane or shoulder or verge. House Bill 902 states that the state police is

not to close a state highway or a portion of that highway as a crime scene if the highway or

portion is passable and physically unaffected by the emergency condition.

FISCAL IMPLICATIONS

NM Municipal League states the proposed legislation may require the deployment of additional

officers to provide the required traffic control in certain circumstances.

SIGNIFICANT ISSUES

DPS notes it is a priority during any road closure to identify alternative routes of travel until the

reopening of the road. Road closures due to accidents, incidents and other emergencies change

from minute to minute due to unforeseen circumstances. Decisions must be made by personnel

on the scene to ensure a quality investigations and public safety. DPS states the proposed

legislation fails to address when another agency closes a state highway and fails to notify the

state police of the closure.

DPS states the proposed legislation regarding the closure of the highway regarding a crime scene

is too restrictive. There may not be physical blockage of the highway, but there could be

evidence such as blood or tissue that may have to be recovered from the highway. DPS states

concern if the state police fails to present quality evidence to successfully prosecute a case.

NM Municipal League states the proposed legislation could result in the requirement to deploy

additional resources to the scene and might diminish access to the scene to investigate and

remediate the scene. NM Municipal League states the requirement of keeping the highway open

could generate additional traffic control issues due to people’s natural tendency to slow down

and gawk.

ALTERNATIVES

DPS suggests adding wording to current statute directing state police, with the assistance of the

transportation department, to identify alternative routes of travel and clear the accident or crime

scene from the roadway as expeditiously as possible. DPS also suggests adding wording to

current statute directing all law enforcement agencies to immediately contact the New Mexico

State Police when they have closed a highway for an accident, incident or other emergency. The

state police can then evaluate the situation and determine if the closure is necessary and with the

assistance of the agency that initially closed the highway, identify and direct traffic to alternative

routes. The state police would have the final determination regarding the length of time it is

necessary to have the highway closed.

RPG/mt:nt