HOUSE TRANSPORTATION AND PUBLIC WORKS COMMITTEE SUBSTITUTE FOR

HOUSE JOINT MEMORIAL 32

49th legislature - STATE OF NEW MEXICO - second session, 2010

A JOINT MEMORIAL

REQUESTING THE DEPARTMENT OF GAME AND FISH TO IMPLEMENT ALL PROVISIONS OF THE OFF-HIGHWAY MOTOR VEHICLE ACT, INCLUDING CREATING A PROPOSAL FOR THE DESIGN AND IMPLEMENTATION OF A STATEWIDE YOUTH SAFETY TRAINING PROGRAM.

     WHEREAS, the legislature enacted and the governor signed the Off-Highway Motor Vehicle Act and Senate Bill 379 of the first session of the forty-ninth legislature, which amended the Off-Highway Motor Vehicle Act, to encourage safe, responsible use of off-highway motor vehicles and, specifically, to reduce the incidence of accidents involving youth; and

     WHEREAS, Senate Bill 379 requires youth operators of off-highway motor vehicles to be safety trained in a state-approved program and requires the youth operator to carry proof of the training in the form of a certificate; and

     WHEREAS, the required training for all-terrain vehicles is currently not available in most areas of the state; and

     WHEREAS, Senate Bill 379 makes the lack of training certification a violation of the Motor Vehicle Code, which can result in a ticket and fine; and

     WHEREAS, Senate Bill 379 authorizes the department of game and fish to make distributions from the trail safety fund for enforcement, education and training; and

     WHEREAS, Senate Bill 379 was given emergency implementation status, stating "It is necessary for the public peace, health and safety that this act take effect immediately";

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of game and fish be requested to prepare a timetable and budget for the implementation of all provisions of the Off-Highway Motor Vehicle Act and a statewide youth safety training program; and

     BE IT FURTHER RESOLVED that progress on enforcement and development of the safety training program be provided to the appropriate interim legislative committee, appointed by the New Mexico legislative council, before December 15, 2010; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the director of the department of game and fish.

- 2 -