Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us). Adobe PDF versions include all attachments,
whereas HTML versions may not.
Previously issued FIRs and attachments may also be obtained from the LFC
in
SPONSOR |
Snyder |
DATE TYPED |
|
HB |
|
||
SHORT
TITLE |
Hazardous Material Endorsement Checks |
SB |
40/aSCORC |
||||
|
ANALYST |
Reynolds-Forte |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
NFI |
|
|
|
|
|
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Response
Received From
Department
of Transportation
SUMMARY
Synopsis of SCORC Amendment
The Senate Corporations and Transportation
Committee amendment to the bill replaces “may” with “shall” on page three, line
17 of the bill. The amended sentence
reads:
The department shall require an applicant
requesting a hazardous material (“H”) endorsement to be subject to a background
check pursuant to the federal Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.
Synopsis of Original Bill
Senate Bill 40 adds a
section of law that allows the Taxation and Revenue Department to require an
applicant who requests a hazardous material (“H”) endorsement to their
commercial driver’s license to be subject to a background check.
Senate Bill 40 also
repeals Section 74-4F-3 NMSA 1978 which allowed the Taxation and Revenue
Department to charge a hazardous material transportation permit fee. The Motor Vehicle Division says the federal
government, not the State, is now issuing hazardous material permits and this
section of law is no longer needed.
Significant Issues
The New Mexico Department of Transportation
notes that Senate Bill 40 is an attempt to bring New Mexico into compliance
with Federal (US) law (Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001),
FISCAL IMPLICATIONS
The fiscal impact of
Senate Bill 40 would be to the person applying for the endorsement; Motor
Vehicle believes this could add $40-$75 to this hazardous materials endorsement.
TECHNICAL ISSUES
The New Mexico
Department of Transportation believes that on page 3, line8, the word “may”
should be changed to “shall” to ensure background checks are conducted in
compliance with federal law.
PRF:GG/njw