New Mexico 2025 2025 Regular Session

New Mexico House Bill HB577 Introduced / Fiscal Note

Filed 03/05/2025

                    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 Jones 
LAST UPDATED 
ORIGINAL DATE 3/4/2025 
 
SHORT TITLE Towing Svc. Oversight & Advisory Board 
BILL 
NUMBER House Bill 577 
  
ANALYST Hanika-Ortiz 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
NMDOT No fiscal impact $5.0 to $12.5 $10.0 to $25.0 $25.0 to $32.5 Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
*Estimate for FY26 is for one-half the fiscal year; the board’s first meeting is no later than January 1, 2026. 
 
Sources of Information 
 
LFC Files 
 
Agency Analysis Received From 
New Mexico Department of Transportation 
SUMMARY 
 
Synopsis of House Bill 577   
 
House Bill 577 (HB577) creates the "towing services oversight and advisory board" at the 
Department of Transportation (NMDOT) to guide the oversight of licensed towing services.  
 
The board includes 12 members, one primary member and one alternate from each of the six 
state transportation commission districts. The board shall (1) provide recommendations on 
regulations related to towing services, (2) propose improvements to service standards and 
compliance requirements, (3) ensure complaints are investigated and resolved, (4) facilitate 
mediation for disputes, (5) assess if towing services are complying with regulations and 
contractual obligations, (6) conduct audits and inspections, (7) submit quarterly reports, (8) 
engage with stakeholders, (9) and educate the industry and consumers about towing rules and 
their rights. 
 
NMDOT shall select the board from stakeholders within the industry. Selections and terms of 
service shall be made by January 1, 2026. Terms shall be staggered so the terms of three primary 
members and three alternates expire at the end of the two years and the terms of the remaining 
members expire at the end of three years. The board shall meet at least quarterly. Public 
members of the board are entitled to receive per diem and mileage as provided in the Per Diem 
and Mileage Act. NMDOT shall provide the staffing, funding and administrative support for the 
board. 
 
The effective date of this bill is July 1, 2025.  House Bill 577 – Page 2 
 
FISCAL IMPLICATIONS  
 
The first meeting of the board would be no later than January 1, 2026. Staying within budgetary 
limits for FY26, NMDOT would need to screen candidates for board membership, select staff to 
support the board, and identify a meeting space or virtual meeting option. The estimated 
additional operating budget table includes a range based on whether the quarterly meetings are 
over one day or two. The estimated amount also includes additional funding to ensure the board 
has sufficient budget to facilitate audits and field trip inspections, mediate disputes, and provide 
educational materials for tow companies and the public about regulations and rights and 
responsibilities.  
 
NMDOT cautioned the bill would create a financial and administrative burden, especially when 
duties are already performed by NMDOT, and the information to be found is already available. 
 
SIGNIFICANT ISSUES 
 
The bill creates a board tasked with balancing the interests of towing companies and vehicle 
owners. The bill may even help reduce costs for the state and vehicle owners if the board’s 
outreach initiatives help increase the number of tow companies in compliance with regulations or 
reduce the number of disputed tows and local law enforcement’s role in resolving those disputes.  
Law enforcement also has the authority to verify compliance with state law and local regulations.  
 
State zoning laws and local ordinances regulate when and how vehicles can be towed, and 
vehicle owner rights and responsibilities.  Complaints against towing companies are often for 
disputed or authorized tows or for excessive towing and impound fees. However, vehicle owners 
are also responsible for following road signage and ensuring that vehicles do not create a safety 
hazard.  
 
PERFORMANCE IMPLICATIONS 
 
Towing services must be licensed and insured per the New Mexico Administrative Code. 
Towing services that fail to follow state law or local ordinances can see their tow rendered 
invalid. For a questionable vehicle tow, complaints can also be filed with the Public Regulation 
Commission. 
 
ADMINISTRATIVE IMPLICATIONS  
 
NMDOT may seek candidates from within the department as well as from the towing industry 
and other stakeholders, if they are experienced in customer service, the law, or consumer 
advocacy.   
 
ALTERNATIVES 
 
NMDOT suggested the industry and stakeholders could form an independent trade group. 
 
AHO/rl/hg