Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Mejia/Hochman-Vigil
LAST UPDATED
ORIGINAL DATE 2/8/2025
SHORT TITLE Removal of Motor Vehicle Hazard
BILL
NUMBER House Bill 314
ANALYST Simon
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected No fiscal impact No fiscal impact No fiscal impact
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Department of Public Safety General Services Department Agency Analysis was Solicited but Not Received From
Department of Transportation
SUMMARY
Synopsis of House Bill 314
House Bill 314 allows a law enforcement officer or employee of the Department of
Transportation (NMDOT) to move vehicles, cargo, or debris from a roadway when it constitutes
a public safety hazard and provides that the officer or employee cannot be held liable for
damages to vehicles, debris, or cargo if removal causes damage. This bill does not contain an
effective date and, as a result, would go into effect 90 days after the Legislature adjourns if
enacted, or June 20, 2025.
FISCAL IMPLICATIONS
The Department of Public Safety (DPS) does not anticipate a fiscal impact from the bill.
Analysis from the General Services Department, which houses the state’s Risk Management
Division, states the bill would have no fiscal impact to the state’s liability fund.
House Bill 314 – Page 2
SIGNIFICANT ISSUES
The U.S. Department of Transportation’s field guide for safety and service patrols notes
“abandoned vehicles on high-speed, access-controlled roadways are a safety hazard” and
research from the American Automobile Association’s Foundation for Traffic Safety has
estimated that, nationwide, as many as 125 deaths have been at least partially caused by roadway
debris. For this reason, the National Highway Traffic Safety Administration recommends states
and their political subdivisions should develop programs to remove debris from roadways.
Currently, NMDOT’s courtesy patrols operate on Interstate 25, Interstate 40, and Paseo Del
Norte to assist road users or to clear disabled vehicles or debris from travel lanes.
Analysis from DPS states the bill would assist with the prompt removal of traffic obstructions by
protecting officers and employees from liability if property is damaged during the removal. That
analysis notes some may hesitate to clear debris for fear of legal repercussions.
JS/hj/hg