NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to Senate Bill 305

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of SJC Amendment to SB 302

The Senate Judiciary Committee amendment to SB 302 strikes the word "commercial" from the title. Under Section 2. Section 66-8-116 NMSA 1978, SB 302/a strikes "10.00" from Penalty Assessment and replaces it with "50.00" and strikes out "improper lane, if a commercial motor vehicle" from the Common Name of Offense.

Synopsis of Bill

This proposed legislation would create a crime in the traffic code, related to a commercial vehicle not traveling in the proper lane. The proposed legislation would require that commercial vehicles travel in the right most lane unless passing another vehicle. Violation of this new crime would result in a $100.00 fine. Currently any vehicle cited for improper lane under the existing statute incurs a $10.00 fine. There is no appropriation with this legislation.

FISCAL IMPLICATIONS

The Administrative Office of the Court's indicates it will costs the judicial information system $400 for statewide update, distribution, and documentation of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions. New laws, amendments to existing laws, and new hearings have the potential to increase caseloads in the courts.

RELATIONSHIP

This bill is related to Senate Bill 305 (Photo radar Speeding). Both bills provide for increased control of commercial motor vehicles.

TECHNICAL ISSUES

The Department of Public Safety proposes an exception to the right hand lane rule within metropolitan areas. The exception would accommodate those roadways containing several on and off ramps within an immediate area.

OTHER SUBSTANTIVE ISSUES

The Public Defender Department reports this bill does have an immediately apparent basis for treating commercial vehicles differently. Driving in the right-hand lane is a question of safety; commercial vehicles by their size have visibility difficulties which directly impact the safety of switching lanes. Also, this bill does not target interstate as opposed to intrastate commercial traffic.

In terms of the Public Defender department, this bill would have negligible impact. Also, there could be some additional misdemeanor practice.

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