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