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SPONSOR: |
Vigil |
DATE TYPED: |
03/09/03 |
HB |
397/aHGUAC/aHTC/aHJC |
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SHORT TITLE: |
Create Motor Transportation Division |
SB |
|
||||
|
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ANALYST: |
Gilbert |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
NFI |
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Attorney
General’s Office (AGO)
Motor
Transportation Division (MTD)
SUMMARY
Synopsis
of HJC Amendment
House Judiciary Committee amendment to House
Bill 397 makes several non-substantive technical corrections.
Section 6, pertaining to qualifications of an
officer, is amended to add a new subsection (D) specifying that at the time of
their appointment, officers must hold a high school diploma or equivalent.
Synopsis
of HTC Amendment
The House Taxation Committee amendment to House
Bill 397, Section 10 pertaining to duly commissioned officers of the division,
changes the definition of ex-officio deputies and agents as outlined below:
B.
ex-officio deputies and agents of the officers of the taxation and revenue
department and of the officers and departments within the state charged with
registration of motor vehicles, the issuance of licenses to operators of motor
vehicles and of the officers and departments of the state charged with the
regulation and control of motor vehicles operated upon the public highways for
hire in the transportation of either passengers or property; and
Synopsis
of HGUAC Amendment
The House Government and Urban Affairs Committee
amendment to House Bill 397, clarifies that the Motor Transportation Division
(MTD) is being “organized vs. “created” and adds a high school diploma or
equivalent to the required minimum qualifications for a MTD officer.
Synopsis
of Original Bill
House
Bill 397 amends NMSA 1978, § 29-2-1.1, to create the “motor transportation division”
within the Department of Public Safety (DPS).
This bill would also create a petty misdemeanor for the crime of
unauthorized wearing of a uniform or badge of the motor transportation division.
The bill also defines unauthorized marking of a motor vehicle, but fails to specify
any penalty for the commission of act.
HB 397
authorizes motor transportation division commissioned officers to be:
q Conservators of the peace within the
state, with full power to apprehend, arrest and bring before the proper court
all law violators within the state;
q Ex-officio deputies and agents of the
officers of the taxation and revenue department and of the officers and
departments within the state charged with registration of motor vehicles, the
issuance of licenses to operators of motor vehicles and of the officers and departments
of the state charged with the regulation and control of motor vehicles operated
upon the public highways for hire in the transportation of either passengers or
property; and
q Charged with the enforcement of all laws
of the state regulating the use of highways."
Significant Issues
The
April 30, 2002, Legislative Finance Committee DPS performance audit recommended
that DPS should statutorily strengthen components of its law enforcement
program.
ADMINISTRATIVE IMPLICATIONS
HB 397
provides no funding for the reorganization of this division.
TECHNICAL
ISSUES
According to
the Motor Vehicle Division, qualifications in NMSA 1978, § 29-19-5 differ from the Law Enforcement Training
Act, Sec. NMSA 1978, §
RLG/njw:sb/ls