BILL ANALYSIS AND FISCAL IMPACT REPORT	Page 1 of  1

DATE: February 25, 2001	Submitted by: TAXATION AND REVENUE DEPT.
	T. GLENN ELLINGTON, SECRETARY
BILL NUMBER: HB-401 as amended by House Judiciary Committee 

SPONSOR:  Representative Herrera

BILL SHORT TITLE: Increasing the penalty assessment for speeding in a construction zone

CONFLICTS, DUPLICATES, COMPANIONS: HB-414

DESCRIPTION: This measure would amend Section 66-8-116 NMSA to impose fines for speeding in construction or other safety zones that are twice current amounts specified under statute for speeding in areas where construction is not occurring. The current and proposed schedules are shown below.

Miles per hour over limit:	
Current Fine	Proposed - Speeding in Construction Zone	
0 to 10	$15	$30	
11 to 15	$30	$60	
16 to 20	$65	$130	
25 to 25	$100	$200	
26 to 30	$125	$250	
31 to 35	$150	$300	
36 and above	$200	$400	

The House Judiciary Committee amendments would make the new fines applicable in "other safety zones" designated by the Taxation and Revenue Department. Prior to the amendment, the fines would be applicable only in construction zones.

EFFECTIVE DATE: Not specified – assume 90 days after adjournment (June 15, 2001).

FISCAL IMPACT (Thousands of dollars):  		Note: Parenthesis ( ) indicate a revenue loss:
		Recurring or		
	Estimated Impact on Revenues	Nonrecurring	Funds 	
	FY 2002	Full Year  	     Impact     t     	             Affected          .	
	326	391	Recurring	General Fund	
					
The estimate is based on a recent observed increase of approximately $2.30 per paid penalty assessment multiplied by 170,000 paid assessments. Since about 60 percent of assessments are uncontested, the figure would be $652,000 if all assessments were uncontested and paid. The estimate shown above differs from last year's $1.2 million estimate because the Albuquerque program generated additional revenues for the General Fund. Hence the estimate shown above is the increased revenues likely to result from the proposed legislation.
 
OTHER IMPACTS AND ISSUES:
1)  This bill is designed to  insure safety of road construction workers. 2) The Department might find this bill easier to record and administrate if the Uniform Traffic Code was amended to include separate violations applicable only to construction zones. 2) According to experts, drivers frequently ignore speed limits and lane limitations in construction zones. 3) According to the Traffic Safety Bureau of the New Mexico Highway and Transportation Department, there are about 100 convictions for speeding violations per 1,000 licensed drivers annually in New Mexico annually. This figure varies enormously among counties, however.