SENATE BILL 495

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO GOVERNMENT VEHICLES; REQUIRING CERTIFICATION FROM LAW ENFORCEMENT AGENCIES FOR THE USE OF UNMARKED VEHICLES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2009.

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

     SECTION 1. Section 15-8-6 NMSA 1978 (being Laws 1994, Chapter 119, Section 6, as amended by Laws 2009, Chapter 8, Section 1 and by Laws 2009, Chapter 129, Section 1 and also by Laws 2009, Chapter 250, Section 6) is amended to read:

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

          A. The division shall adopt rules governing the use of vehicles used by state agencies or by other persons pursuant to Subsection G of this section, including driver requirements and responsibilities, under what circumstances someone can be assigned a state vehicle on a permanent or semipermanent 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, department of game and fish or homeland security and emergency management department 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 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.] A state vehicle that a law enforcement agency desires to use in unmarked status may be exempted from the requirements of Subsections B and C of this section by the director if the head of the law enforcement agency annually certifies that the vehicle is legitimately necessary for undercover law enforcement purposes. A state vehicle exempted by the director shall not be used except for undercover law enforcement purposes. A violation of this subsection is punishable as a misdemeanor pursuant to Section 66-8-7 NMSA 1978. 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.

          G. The division shall adopt rules permitting individuals enrolled in the state's adaptive driving program to use special-use state vehicles for evaluation and training purposes in that program."

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