HOUSE MEMORIAL 18

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Ray Begaye

A MEMORIAL

REQUESTING THAT THE GOVERNOR'S DWI COORDINATOR APPOINT A TASK FORCE TO ADDRESS ISSUES RELATED TO THE CONSISTENCY AND ENFORCEMENT OF STATE AND TRIBAL LAWS ON ALCOHOL CONSUMPTION.

     WHEREAS, the state and the tribes within New Mexico continue to experience problems related to the consumption of alcohol, including an excessive rate of motor vehicle accidents and deaths that involve driving while under the influence of alcohol; and

     WHEREAS, the state and tribal entities have laws regarding the regulation of alcohol that may not be in complete accord, and uniformity in such laws would assist in their enforcement; and

     WHEREAS, the state statute enacted in 2003 regarding the exchange of information between the state and tribes on motor vehicle offense convictions has not been fully implemented; and

     WHEREAS, there may be additional changes to state law and tribal ordinances that could reduce alcohol-related motor vehicle accidents and deaths or reduce the adverse effects of alcohol abuse on the health and welfare of communities; and

     WHEREAS, education programs offered by the state to alcohol servers might also benefit those who serve alcohol on tribal lands; and

     WHEREAS, state and tribal law enforcement officials, purveyors of alcohol, alcoholic prevention and treatment personnel and other health professionals can best resolve the problem of alcohol-related motor vehicle accidents and deaths and reduce the adverse, health-related effects of alcohol abuse only through communication and the implementation of cooperative projects in state and Indian communities;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the governor's DWI coordinator be requested to create a task force to undertake the following tasks during the 2006 interim:

          A. review federal, state and tribal laws regarding the sale and consumption of alcohol and driving motor vehicles while under the influence of alcohol to determine if those laws conflict or may be better coordinated;

          B. determine how state law and resources may assist in the appropriate regulation of alcohol consumption in tribally operated facilities, reduce alcohol-related motor vehicle accidents and deaths and reduce the adverse effects of alcohol abuse in tribal and other communities within the state;

          C. determine how state and tribal law enforcement officials might work more cooperatively to enforce laws related to driving motor vehicles while under the influence of alcohol; and

          D. make recommendations to the appropriate legislative interim committees no later than October 1, 2006 for legislative initiatives that address the findings of the task force; and

     BE IT FURTHER RESOLVED that the task force include representatives from the alcohol and gaming division of the regulation and licensing department, the special investigations division of the department of public safety, the public health division of the department of health, the Indian affairs department, the gaming control board, the Navajo Nation, the Jicarilla Apache Nation, the Mescalero Apache Tribe, the eight northern Indian pueblos council, the ten southern Indian pueblos council, the New Mexico sheriffs' and police association, the independent petroleum marketers association, the New Mexico Indian gaming association and mothers against drunk driving; and

     BE IT FURTHER RESOLVED that the task force report to the appropriate interim legislative committee on its findings and recommend legislation to address problems that the task force discovers in the course of its meetings; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the president of the Navajo Nation, the speaker of the Navajo Nation council, the president of the Mescalero Apache Tribe, the president of the Jicarilla Apache Nation and the governors of the nineteen Indian pueblos.

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