NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.
| SPONSOR: | Godbey | DATE TYPED: | 03/13/01 | HB | 840/aHTC | ||
| SHORT TITLE: | Towed Vehicle Registration Exception | SB | |||||
| ANALYST: | Gonzales | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY01 | FY02 | FY01 | FY02 | ||
|
See Narrative |
|||||
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Taxation and Revenue Department (TRD)
SUMMARY
Synopsis of HTC Amendment
This House Taxation and Revenue Committee amendment strikes a few words to make the provisions of the bill more specific. With the changes, it would not allow a vehicle driven by a towing service to be exempt from displaying a current vehicle registration when moved on a highway as proposed by the original bill.
Synopsis of Original Bill
House Bill 840 adds a new class of vehicles-"driven or moved on a highway by a motor club towing service as defined in Section 59A-50-2 NMSA 1978- to those not required to display a current vehicle registration when driven or moved upon a highway.
TECHNICAL ISSUES
The Taxation and Revenue Department reports the following technical issue:
Section 59A-50-2 NMSA 1978 defines "towing service" as "furnishing … means to move a motor vehicle, under power other than its own, from one place to another, by any lawful wrecker service;" in other words, towing. The bill, however, uses the words "driven or moved" which presents the question of whether the bill intends to exempt the tow truck itself from registration requirements. This should be clarified by elimination of the words "driven or" on page 2, line 12.
OTHER SUBSTANTIVE ISSUES
The Taxation and Revenue Department also stated in its analysis of this bill:
The bill may be drafted with too narrow an application. If an unregistered vehicle should be allowed to be towed by a motor club towing service, the same allowance should probably be afforded any licensed vehicle towing operator, whether or not the service is paid-for by a motor club. Issuing motor carrier permits (licensing of towing operators) is the responsibility of the Public Regulatory Commission (Sections 65-2-88 and 65-2-89 NMSA 1978).
JMG/njw:ar