Senate Bill text for SB0427

SENATE BILL 427

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO STATE-OWNED VEHICLES; MODIFYING THE AUTHORITY AND RESPONSIBILITIES OF THE TRANSPORTATION SERVICES DIVISION OF THE GENERAL SERVICES DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 15-8-2 NMSA 1978 (being Laws 1994, Chapter 119, Section 2, as amended) is amended to read:

"15-8-2. FINDINGS AND PURPOSE.--The legislature finds that centralized control of state vehicles is in the best interest of the state because it permits the state to use its transportation resources in the most efficient and effective manner. The primary purposes of the Transportation Services Act are to:

A. [to] provide a centralized agency to purchase state vehicles and to control their use;

B. [to] implement and administer the State Aircraft Act; and

[C. to supervise and monitor the alternative fuel conversion program; and

D. to supervise and administer a state travel coordination program, including coordinating and monitoring the in-state and out-of-state travel of official state business] C. provide authorization for administration of the state's state and federal surplus property programs."

Section 2. Section 15-8-3 NMSA 1978 (being Laws 1994, Chapter 119, Section 3, as amended) is amended to read:

"15-8-3. DEFINITIONS.--As used in the Transportation Services Act:

[A. "department" means the general services department;

B.] A. "director" means the director of the division;

[C.] B. "division" means the transportation services division of the general services department;

[D.] C. "secretary" means the secretary of general services;

[E.] D. "state agency" means a state department, agency, board or commission, [except] including the legislative and judicial branches, but not including public schools and institutions of higher education; and

[F.] E. "state vehicle" means an automobile, van, sport-utility truck, pickup truck or other vehicle with a declared gross vehicle weight of less than ten thousand pounds used by a state agency to transport passengers or property."

Section 3. Section 15-8-4 NMSA 1978 (being Laws 1994, Chapter 119, Section 4, as amended) is amended to read:

"15-8-4. DIVISION CREATED.--The "transportation services division" is created in the general services department. The director shall be appointed by the secretary with the consent of the governor. Staff of the division shall be covered by the provisions of the Personnel Act."

Section 4. Section 15-8-5 NMSA 1978 (being Laws 1994, Chapter 119, Section 5) is amended to read:

"15-8-5. DIVISION--GENERAL POWERS AND DUTIES.--The division shall:

A. have control over [all] state vehicles owned or leased by the division;

B. regulate the use of the state vehicles owned or leased by the division;

[C. hold the titles of all state vehicles and provide for the security of the titles;

D.] C. register all state vehicles [in the custody of the division and ensure that state vehicles assigned to other state agencies have current and correct registrations] owned or leased by the division;

[E.] D. control the issuance of state government plates assigned to a state agency and ensure that state government plates are used only on state vehicles;

[F.] E. maintain a complete and accurate inventory of [all] state vehicles [including those in the custody of another state agency] owned or leased by the division and the location of [all state] those vehicles;

[G.] F. establish and enforce maintenance standards for state vehicles [in the custody of other state agencies] owned or leased by the division;

[H.] G. require periodic use and maintenance reports from [other] state agencies that have custody of state vehicles owned or leased by the division;

[I.] H. purchase or lease, through the state purchasing agent, [all] state vehicles to be owned or leased by the division and assign their use;

[J.] I. perform periodic announced and unannounced inspections of state vehicles owned or leased by the division in the custody of [other] state agencies;

[K.] J. establish a motor pool and provide [an adequate] a fleet of state vehicles for use by state agencies;

[L. provide for the maintenance of state vehicles in the motor pool;

M.] K. establish and enforce standards for drivers of state vehicles, including revoking driver privileges;

[N. maintain] L. have access to individual state employee driver records [including all tickets received by drivers of state vehicles for violations of the Motor Vehicle Code] maintained by the taxation and revenue department in order to ensure that drivers of state vehicles hold a current valid driver's license as defined by the rules of the division;

[O.] M. maintain a record of all accident reports and insurance claims for vehicles owned or leased by the division;

[P.] N. maintain a history of state vehicles owned or leased by the division, including purchases, maintenance and sales;

[Q. carry out the provisions of the Alternative Fuel Conversion Act; and

R.] O. have the power to sell or otherwise dispose of [property] vehicles owned or leased by the division pursuant to the provisions of Sections 13-6-1 and 13-6-2 NMSA 1978 after approval of the secretary; and

P. administer the state's state and federal surplus property programs."

Section 5. Section 15-8-6 NMSA 1978 (being Laws 1994, Chapter 119, Section 6) is amended to read:

"15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT PLATES.--

A. The division shall adopt [regulations] rules governing the use of [state] vehicles used by state agencies, including driver requirements and responsibilities, under what circumstances someone can be assigned a state vehicle on a permanent or semi-permanent basis and when custody of a state vehicle can be vested in another state agency [pursuant to the provisions of this section].

B. The division may determine that it is impractical to retain custody of certain state vehicles, and it may provide that custody reside in another state agency in the following cases:

(1) the state vehicle is used for emergency or law enforcement purposes; or

[(2) the state vehicle is of a special design or construction that effectively limits its use to a particular purpose;

(3) the money used in the acquisition of the state vehicle is subject to constitutional or trust limitations that prevent its use as a part of the motor pool;

(4) the state vehicle is not based in Santa Fe;

(5)] (2) the state vehicle is a [state highway and] department of transportation [department] truck or tractor or heavy road equipment [or

(6) the state agency requires the use of a vehicle on a regular basis, as defined by regulation of the division].

C. Except as provided in [Subsection E] Subsections E and F of this section, all state vehicles shall be marked as state vehicles. Each side of the vehicle shall [have painted] be marked, in letters not less than two inches in height, with the following designation of ownership: "State of New Mexico,......Department" or "State of New Mexico Department of ........." and naming the department using the vehicle. [If the department has more than one vehicle assigned for its use, each vehicle shall be conspicuously numbered in consecutive order. The division shall include the words "State Motor Pool" and consecutive number of the vehicle on the designation for its vehicles.]

D. Except as provided in [Subsection E] Subsections E and F of this section, all state vehicles shall have specially designed government registration plates.

E. Only state vehicles used for legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C and D of this section. All other state vehicles owned or in the custody of state agencies that have law enforcement functions shall be marked and have state government registration plates.

F. A state agency may seek custody of state vehicles as an exception to Subsection B of this section or an exemption to the provisions of Subsection C of this section by making a written request to the director, specifying the reasons for the proposed custody or exemption. The director may approve the custody or exemption, in writing, indicating the duration and any conditions of the custody or exemption."

Section 6. Section 15-8-9 NMSA 1978 (being Laws 1994, Chapter 119, Section 9) is amended to read:

"15-8-9. VEHICLE TITLE.--Title to all state vehicles shall be [held] in the name of the [state. Titles, even to state vehicles not in the custody of the division, shall be kept by the division. The division shall provide for the security of vehicle titles] division."

Section 7. Section 15-8-10 NMSA 1978 (being Laws 1994, Chapter 119, Section 10, as amended) is amended to read:

"15-8-10. RULES [AND REGULATIONS].--The division shall adopt and file in accordance with the State Rules Act rules [and regulations] to carry out the provisions of the Transportation Services Act."

Section 8. Section 15-8-11 NMSA 1978 (being Laws 1994, Chapter 119, Section 11) is amended to read:

"15-8-11. REPORT TO LEGISLATURE.--The division shall provide an annual report to the legislature that includes information on the operations of the division, including reports on Motor Vehicle Code violations, accidents and insurance claims involving state vehicles owned or leased by the division; major maintenance costs; and purchases and sales of motor vehicles [and progress of the division in carrying out the provisions of the Alternative Fuel Conversion Act]. The report shall be deemed to have been provided to the legislature when filed with the legislative council service and the legislative finance committee. The division shall make copies available to individual legislators upon request."

Section 9. Section 66-3-28 NMSA 1978 (being Laws 1994, Chapter 119, Section 14, as amended) is amended to read:

"66-3-28. STATE GOVERNMENT REGISTRATION PLATES--ISSUANCE APPROVED.--[No] State government registration plates shall be provided to a state agency [unless approved] by the transportation services division of the general services department. As used in this section, "state agency" means a state department, agency, board or commission, [except] including the legislative and judicial branches, but not including public schools and institutions of higher education."

Section 10. Section 66-6-15 NMSA 1978 (being Laws 1978, Chapter 35, Section 350, as amended) is amended to read:

"66-6-15. VEHICLES OF THE STATE, COUNTY OR MUNICIPALITY.--

A. Vehicles or trailers owned by and used in the service of [this state] an Indian nation, tribe or pueblo located wholly or partly in this state or of any county or municipality of this state need not be registered but must continually display plates furnished by the division.

B. Vehicles on loan from dealers and used in an approved driver-training program by the public schools need not be registered but must continually display plates furnished by the division.

C. Each [state department or agency, each] Indian nation, tribe or pueblo, each county and each municipality shall apply to the division for a plate for each vehicle or trailer in its service and shall provide identifying information concerning each vehicle or trailer for which a plate is applied [for].

D. The division shall issue plates for vehicles and trailers in the service of [this state] an Indian nation, tribe or pueblo located wholly or partly in this state or of any county or municipality of this state and keep a record of plates issued and plates returned. The plates shall be permanent and need not be renewed from year to year. The plates shall be numbered to identify [the state department or agency] the Indian nation, tribe or pueblo, the county or the municipality to which the plates are issued. The plates shall be the same size as registration plates issued to private vehicles but shall be different in color from the registration plates issued to private vehicles.

E. A vehicle or trailer owned by and used in the service of the state need not be registered with the division but must continually display a plate furnished by the transportation services division of the general services department. A state agency shall apply to the transportation services division of the general services department for a plate for each vehicle or trailer in its service, including identifying information for each vehicle or trailer. The transportation services division of the general services department shall issue plates for state agency vehicles and trailers and shall keep a record of plates issued and plates returned. These plates shall be:

(1) permanent and shall not be renewed from year to year;

(2) numbered to identify the state agency to which they are issued; and

(3) the same size as but a different color from registration plates issued to private vehicles or trailers or from plates issued pursuant to Subsection D of this section.

F. As used in Subsection E of this section, "state agency" means a state department, agency, board or commission including the legislative and judicial branches of government, but not including public schools and institutions of higher education."

Section 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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