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F I S C A L I M P A C T R E P O R T

SPONSOR Pena

ORIGINAL DATE

LAST UPDATED

1/23/08

HB 298

SHORT TITLE Additional Transportation Patrolmen

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$2,157.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

State Personnel Office (SPO)

Department of Public Safety (DPS)

Department of Transportation (DOT)

SUMMARY

Synopsis of Bill

House Bill 298 appropriates $2,157.0 from the general fund to the Department of Public Safety

for the purpose of funding seven additional patrolman positions and 18 additional transportation

inspector positions.

FISCAL IMPLICATIONS

The appropriation of $2,157.0 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert

to the general fund.

SIGNIFICANT ISSUES

SPO reports the Motor Transportation Division (MTD) of the Department of Public Safety

(DPS) believes the number of transportation inspectors and officers has not kept up with the

increased commercial vehicle activity on New Mexico highways. As a consequence all 15 ports

of entry are not fully staffed. SPO states this can negatively affect the health and safety of the

House Bill 298 – Page

2

citizens of New Mexico as well as preventing officers from detecting and stopping commercial

vehicles that are evading the ports of entry and avoiding paying highway usage taxes, such as the

weight distance tax.

DOT state New Mexico is one of four states that have what is commonly known as a weight

distance tax. For trucks driving in and across the state, a fee is charged based on how far they

travel and how much they weigh. In the case of New Mexico, the weight distance tax is offset

by the lowest truck registration fees in the country. DOT reports weight distance taxes will

produce $83 million in fiscal year 2009 for the department and is its third largest source of

revenue after fuel taxes. The revenues are received as the trucking companies file their quarterly

tax returns. DPS monitors the highway and staffs the ports of entry for safety and compliance.

DOT states because DPS is not fully staffed, there have been some concerns about a lack of

compliance in obtaining weight distance taxes. This concern was one that was recognized and

put on the menu of revenue-possible enhancements during the House Memorial 35 study process.

DOT notes DPS feels that increased personnel on the roads and at the ports will achieve greater

revenue.

MTD reports the following current staffing levels. MTD operates 15 ports of which five are 24

hour operations. The 24 hour ports of entry and current staffing levels are below:

Raton POE: I-25 8 inspectors (1 vacant) 1 port supervisor (1 vacant)

Gallup POE: I-40 12 inspectors (1 vacant) 1 port supervisor

San Jon POE: I-40 11 inspectors 1 port supervisor

Anthony POE: I-10 12 inspectors (2 vacant) 1 port supervisor

Lordsburg POE: I-10 10 inspectors (1 vacant) 1 port supervisor

Seventy-seven percent of the authorized transportation inspectors are assigned to the five 24 hour

ports of entry. The following are current overall division staffing levels:

Transportation Inspectors: 75 authorized (6 vacant): 8.0% vacancy factor

Commissioned Officers: 149 authorized (26 vacant): 17.0% vacancy factor

Support Personnel: 32 authorized (4 vacant): 12.5% vacancy factor

Total MTD Personnel: 256 authorized (36 vacant): 14.1% vacancy factor

MTD believes that their ports of entry are grossly understaffed and that their port facilities have

not received sufficient additional FTE over the years to keep pace with the increasing number of

commercial motor vehicles that pass through their ports daily. Consequently, the division is

only able to keep open the busiest port facilities 24/7 with a minimum number of personnel while

the other ports are open on a part-time or sporadic basis, such as during special enforcement

operations.

MTD reports during the past 10 years, the number of miles driven daily by commercial motor

vehicles throughout the state has increased 41.7 percent from 7.2 million miles per day to 10.2

million miles per day. Truck counts through the major port facilities have increased on an

average of 70.8 percent during this same 10 year period. MTD states because of the increased

traffic volume and limited personnel, it is very difficult for existing port personnel to adequately

check the credentials and verify the tax status of every commercial motor vehicle that passes

through the facility. MTD often operates the 24 hour facilities with one inspector working the

credential booth checking credentials and determining whether or not to secondary the vehicle

House Bill 298 – Page

3

for further investigation (vehicle safety, cargo verification, driver credentials, logbook violations,

road tax violations, illegal activities, etc.) and another inspector issuing trip tax permits and

conducting Level II or III CVSA safety inspections (depending on the number of drivers waiting

to purchase trip permits). MTD notes police officers are frequently removed from conducting

traffic enforcement safety inspections and other highway enforcement duties to work the ports of

entry selling trip permits, checking credentials, etc. This prevents these officers from detecting

and stopping commercial motor vehicles that are evading the port of entry and avoiding paying

highway use taxes.

MTD is currently working in conjunction with the Taxation and Revenue Department in

developing and implementing a mechanism to check the weight distance tax status of motor

carriers both at the ports of entry and on the highway. 65-1-26(E) NMSA 1978 now allows

MTD to detain commercial motor carriers that are not in compliance with the weight distance

requirements of the Weight Distance Tax Act until the tax is paid. MTD states this has placed an

additional burden on port of entry personnel.

PERFORMANCE IMPLICATIONS

SPO states additional patrolmen and transportation inspectors could have a positive impact in the

areas of controlling the trafficking of human beings and drugs, as well as aide in the collection of

weight distance taxes. Additional transportation inspector positions would allow the Motor

Transportation Division to inspect more commercial vehicles whereas reducing the number of

out-of-compliance vehicles on New Mexico roadways. SPO notes this will help the Department

of Public Safety in achieving its identified performance standards.

DOT states that heavy trucks have the most significant impact of highways due to roads being

built to their criteria and replaced more frequently. The concept of the weight distance tax is to

get as close to a direct user tax as possible. DOT notes it is important that the full taxes be

collected as these revenues are then placed back into the roads for which they are generated.

Underreporting leads to underpaying for the road improvements.

MTD states if the proposed legislation was enacted, additional transportation inspector and

officer personnel will be placed as follows:

Raton: 3 inspectors No additional police officers

Gallup: 3 inspectors and 2 police officers

San Jon: 4 inspectors and 2 police officers

Anthony: 3 inspectors and 2 police officer

Lordsburg: 5 inspectors and 1 police officer

MTD repots the additional police offices will be designated as port police officers and will be

assigned port enforcement duties to include the detention of commercial motor carriers that are

not in compliance with the Weight Distance Tax Act. Additional port personnel will facilitate

the verification of the status of weight distance tax accounts and will also result in a greater

compliance with timely weight distance tax reporting in addition to collecting weight distance

taxes that are in arrears. MTD notes additional personnel will also result in a greater number of

CVSA safety inspections, driver inspections and cargo verifications.

House Bill 298 – Page

4

ADMINISTRATIVE IMPLICATIONS

SPO states the Department of Public Safety should be able to recruit and employ the additional

officers and inspectors with existing staff. It is not clear what impact this may have on

administrative and support functions. SPO states it is unknown if the Department of Public

Safety would be able to fill its law enforcement officer positions in a single year due to the

shortage of law enforcement officers nationwide.

DPS states it may be difficult to attract qualified personnel as transportation inspectors due to the

low starting salary of $10.87/hour. Although this position does not require college hours, it is a

very technical position that requires a considerable amount of training that requires inspectors to

obtain several levels of inspector certifications through examination. DPS reports New Mexico

currently ranks 9

th

out of the 9 regional states surveyed in entry level transportation inspector

salaries. The regional average minimum starting pay is $13.49/hour compared to New Mexico

which is $10.87/hour.

TECHNICAL ISSUES

DOT notes that the personnel in the proposed legislation are not specified to the Motor

Transportation Division. The additional patrolmen could be presumably used for regular police

patrols.

OTHER SUBSTANTIVE ISSUES

SPO reports that Motor Transportation Division officers receive the same law enforcement

training as State Police officers plus additional training in commercial vehicle related issues.

SPO states there is an ongoing “bidding war" in recruiting qualified law enforcement officers

within the state and across state lines. There is approximately a 17 percent to 19 percent vacancy

rate for commissioned officers in the Motor Transportation Division.

ALTERNATIVES

DOT notes possible language that assures that the additional patrolmen positions will be used for

highway inspection and safety purposes related to weight distance compliance.

RPG/nt