0001| | 0002| HOUSE BILL 50 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| INTRODUCED BY | 0005| LUCIANO "LUCKY" VARELA | 0006| | 0007| | 0008| | 0009| FOR THE LEGISLATIVE FINANCE COMMITTEE | 0010| | 0011| AN ACT | 0012| RELATING TO TRANSPORTATION SERVICES; REDUCING STATE MOTOR POOL; | 0013| AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 15-8-5 NMSA 1978 (being Laws 1994, | 0017| Chapter 119, Section 5) is amended to read: | 0018| "15-8-5. DIVISION--GENERAL POWERS AND DUTIES.--The | 0019| division shall: | 0020| [A. have control over all state vehicles; | 0021| B. regulate the use of the state vehicles; | 0022| C. hold the titles of all state vehicles and | 0023| provide for the security of the titles; | 0024| D. register all state vehicles in the custody of | 0025| the division and ensure that state vehicles assigned to other | 0001| state agencies have current and correct registrations; | 0002| E. control the issuance of state government plates | 0003| assigned to a state agency and ensure that government plates | 0004| are used only on state vehicles; | 0005| F. maintain a complete and accurate inventory of | 0006| all state vehicles, including those in the custody of another | 0007| state agency, and the location of all state vehicles; | 0008| G. establish and enforce maintenance standards for | 0009| state vehicles in the custody of other state agencies; | 0010| H. require periodic use and maintenance reports | 0011| from other state agencies that have custody of state vehicles; | 0012| I. purchase, through the state purchasing agent, | 0013| all state vehicles and assign their use; | 0014| J. perform periodic announced and unannounced | 0015| inspections of state vehicles in the custody of other state | 0016| agencies; | 0017| K.] A. establish a motor pool and provide an | 0018| adequate fleet of state vehicles to be available for use by | 0019| state agencies in accordance with procedures established by the | 0020| department; | 0021| [L.] B. provide for the maintenance of state | 0022| vehicles in the motor pool; and | 0023| [M. establish and enforce standards for drivers of | 0024| state vehicles, including revoking driver privileges; | 0025| N. maintain individual state driver records, | 0001| including all tickets received by drivers of state vehicles for | 0002| violations of the Motor Vehicle Code; | 0003| O. maintain a record of all accident reports and | 0004| insurance claims; | 0005| P. maintain a history of state vehicles, including | 0006| purchases, maintenance and sales; | 0007| Q. carry out the provisions of the Alternative Fuel | 0008| Conversion Act; and | 0009| R.] C. have the power to sell or otherwise | 0010| dispose of property pursuant to the provisions of Sections 13- | 0011| 6-1 and | 0012| 13-6-2 NMSA 1978 after approval of the secretary." | 0013| Section 2. Section 15-8-6 NMSA 1978 (being Laws 1994, | 0014| Chapter 119, Section 6) is amended to read: | 0015| "15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT | 0016| PLATES.-- | 0017| A. The division shall adopt regulations governing | 0018| the use of state vehicles controlled by the division, | 0019| including driver requirements and responsibilities and under | 0020| what circumstances someone can be assigned a state vehicle on a | 0021| permanent or semi-permanent basis. [and when custody of a | 0022| state vehicle can be vested in another state agency pursuant to | 0023| the provisions of this section. | 0024| B. The division may determine that it is | 0025| impractical to retain custody of certain state vehicles, and it | 0001| may provide that custody reside in another state agency in the | 0002| following cases: | 0003| (1) the state vehicle is used for emergency or | 0004| law enforcement purposes; | 0005| (2) the state vehicle is of a special design | 0006| or construction that effectively limits its use to a particular | 0007| purpose; | 0008| (3) the money used in the acquisition of the | 0009| state vehicle is subject to constitutional or trust limitations | 0010| that prevent its use as a part of the motor pool; | 0011| (4) the state vehicle is not based in Santa | 0012| Fe; | 0013| (5) the state vehicle is a state highway and | 0014| transportation department truck or tractor or heavy road | 0015| equipment; or | 0016| (6) the state agency requires the use of a | 0017| vehicle on a regular basis, as defined by regulation of the | 0018| division.] | 0019| B. State agencies other than the department may own | 0020| and control state vehicles subject to the provisions of the | 0021| Transportation Services Act. | 0022| C. Except as provided in Subsection E of this | 0023| section, all state vehicles shall be marked as state vehicles. | 0024| Each side of the state vehicle shall have painted, in letters | 0025| not less than two inches in height, the following designation | 0001| of ownership: "State of New Mexico,......Department" and naming | 0002| the department. If the department has more than one state | 0003| vehicle assigned for its use, each state vehicle shall be | 0004| conspicuously numbered in consecutive order. The division | 0005| shall include the words "State Motor Pool" and consecutive | 0006| number of the vehicle on the designation for its state | 0007| vehicles. | 0008| D. Except as provided in Subsection E of this | 0009| section, all state vehicles shall have specially designed | 0010| government registration plates. | 0011| E. Only state vehicles used for legitimate | 0012| undercover law enforcement purposes are exempt from the | 0013| requirements of Subsections C and D of this section. All other | 0014| state vehicles owned or in the custody of state agencies that | 0015| have law enforcement functions shall be marked and have state | 0016| government registration plates." | 0017| Section 3. Section 15-8-7 NMSA 1978 (being Laws 1994, | 0018| Chapter 119, Section 7) is amended to read: | 0019| "15-8-7. PURCHASE OF STATE VEHICLES--PROCUREMENT CODE-- | 0020| EQUIPMENT. [A.] All state vehicle purchases shall be | 0021| pursuant to the provisions of the Procurement Code. All | 0022| purchases of state vehicles [even those not assigned to the | 0023| motor pool] shall be approved by the [director] state | 0024| purchasing agent. | 0025| [B. Subject to legislative appropriations and | 0001| directives and the approval of the secretary, the director | 0002| shall determine the type and number of state vehicles to be | 0003| purchased each year and how they shall be equipped.]" | 0004| Section 4. Section 15-8-8 NMSA 1978 (being Laws 1994, | 0005| Chapter 119, Section 8) is amended to read: | 0006| "15-8-8. LEASE WITH STATE FUNDS.--No motor vehicle shall | 0007| be leased with state money unless such lease is first | 0008| specifically approved by the [division] state purchasing | 0009| agent." | 0010| Section 5. Section 15-8-11 NMSA 1978 (being Laws 1994, | 0011| Chapter 119, Section 11) is amended to read: | 0012| "15-8-11. REPORT TO LEGISLATURE. [The division] All | 0013| state agencies holding title to state vehicles shall provide | 0014| an annual report to the legislature that includes information | 0015| on the operations of the [division] state vehicles, | 0016| including reports on Motor Vehicle Code violations, accidents | 0017| and insurance claims involving state vehicles; major | 0018| maintenance costs; purchases and sales of [motor] state | 0019| vehicles; and progress of the [division] state agency in | 0020| carrying out the provisions of the Alternative Fuel Conversion | 0021| Act. The report shall be deemed to have been provided to the | 0022| legislature when filed with the legislative council service and | 0023| the legislative finance committee. [The division] State | 0024| agencies shall make copies available to individual legislators | 0025| upon request." | 0001| Section 6. A new section of the Transportation Services | 0002| Act is enacted to read: | 0003| "[NEW MATERIAL] RETENTION OF TITLE AND POSSESSION OF | 0004| CERTAIN STATE VEHICLES--DISPOSITION OF REMAINDER.--The division | 0005| shall retain title to and possession of one hundred of the | 0006| state vehicles that are under its control on the effective date | 0007| of this section. The state vehicles shall be kept, managed and | 0008| maintained by the division in accordance with the provisions of | 0009| Section 15-8-5 NMSA 1978. All remaining state vehicles shall | 0010| be sold or the title and possession shall be transferred to | 0011| the children, youth and families department, the human services | 0012| department or the department of health." | 0013| Section 7. REPEAL.--Section 15-8-2 NMSA 1978 (being Laws | 0014| 1994, Chapter 119, Section 2, as amended) is repealed. | 0015|  | 0016| State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-THIRD LEGISLATURE | 0020| FIRST SESSION, 1997 | 0021| | 0022| | 0023| February 6, 1997 | 0024| | 0025| | 0001| Mr. Speaker: | 0002| | 0003| Your TRANSPORTATION COMMITTEE, to whom has been | 0004| referred | 0005| | 0006| HOUSE BILL 50 | 0007| | 0008| has had it under consideration and reports same WITHOUT | 0009| RECOMMENDATION, and thence referred to the | 0010| APPROPRIATIONS AND FINANCE COMMITTEE. | 0011| | 0012| Respectfully submitted, | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| Daniel P. Silva, Chairman | 0019| | 0020| | 0021| Adopted Not Adopted | 0022| | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date | 0001| | 0002| The roll call vote was 11 For 0 Against | 0003| Yes: 11 | 0004| Excused: Olguin | 0005| Absent: None | 0006| | 0007| | 0008| | 0009| G:\BILLTEXT\BILLW_97\H0050 |