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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. provide a centralized agency to purchase state

vehicles and to control their use;

B. implement and administer the State Aircraft

Act; and

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. "director" means the director of the division;

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B. "division" means the transportation services

division of the general services department;

C. "secretary" means the secretary of general

services;

D. "state agency" means a state department,

agency, board or commission, including the legislative and

judicial branches, but not including public schools and

institutions of higher education; and

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 state vehicles owned or

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leased by the division;

B. regulate the use of the state vehicles owned or

leased by the division;

C. register all state vehicles owned or leased by

the division;

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;

E. maintain a complete and accurate inventory of

state vehicles owned or leased by the division and the

location of those vehicles;

F. establish and enforce maintenance standards for

state vehicles owned or leased by the division;

G. require periodic use and maintenance reports

from state agencies that have custody of state vehicles owned

or leased by the division;

H. purchase or lease, through the state purchasing

agent, state vehicles to be owned or leased by the division

and assign their use;

I. perform periodic announced and unannounced

inspections of state vehicles owned or leased by the division

in the custody of state agencies;

J. establish a motor pool and provide a fleet of

state vehicles for use by state agencies;

K. establish and enforce standards for drivers of

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state vehicles, including revoking driver privileges;

L. have access to individual state employee driver

records 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;

M. maintain a record of all accident reports and

insurance claims for vehicles owned or leased by the

division;

N. maintain a history of state vehicles owned or

leased by the division, including purchases, maintenance and

sales;

O. carry out the provisions of the Alternative

Fuel Acquisition Act as it applies to vehicles owned or

leased by the division;

P. have the power to sell or otherwise dispose of

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

Q. 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.--

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A. The division shall adopt rules governing the

use of 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.

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 a department of

transportation, energy, minerals and natural resources

department or department of game and fish passenger vehicle,

truck or tractor or heavy road equipment.

C. Except as provided in Subsections E and F of

this section, all state vehicles shall be marked as state

vehicles. Each side of the vehicle shall 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.

D. Except as provided in Subsections E and F of

this section, all state vehicles shall have specially

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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 in the name of the 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.--The division shall adopt and file in

accordance with the State Rules Act rules to carry out the

provisions of the Transportation Services Act."

Section 8. Section 15-8-11 NMSA 1978 (being Laws 1994,

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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. 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.--State government registration plates

shall be provided to a state agency 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, 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

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MUNICIPALITY.--

A. Vehicles or trailers owned by and used in the

service of 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 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.

D. The division shall issue plates for vehicles

and trailers in the service of 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 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

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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

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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.