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F I S C A L I M P A C T R E P O R T





SPONSOR: Smith DATE TYPED: 02/07/00 HB
SHORT TITLE: Boat Registration for Non-Residents SB 363
ANALYST: Segura


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY00 FY01 FY00 FY01
See Narrative



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates HB 268.



SOURCES OF INFORMATION



Taxation Revenue Department (TRD)

Energy Minerals Natural Resources Department (EMNRD)



SUMMARY



Synopsis of Bill



Senate Bill 363 amends NMSA 1978, Section 66-12-4 of the Boat Act that would allow any person who is not a New Mexico resident, but who operates a boat on the waters of this state to "elect" to register the vessel in New Mexico, pursuant to the provisions of the Boat Act.



Significant Issues



All vessels that have been in New Mexico for over 90 consecutive days are required to be registered in the state(NMSA, Section 66-12-8). This bill would allow non-resident vessel owners to obtain a New Mexico registration for their vessels. Currently, vessel owners have to prove residency in New Mexico before the Motor Vehicle Division allows them to obtain a title and vessel registration.



FISCAL IMPLICATIONS



See attached narrative.







CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP



Duplicates HB268.



TECHNICAL ISSUES



According to EMNRD, " it is not clear that the bill will do what is intended. The Boat Act sections addressing titles appear to require residence in New Mexico. For instance, NMSA 1978 Section 66-12-6.1, D through F. If the goal is to allow out-of-state registration without titling, then more changes to the Act may be needed. The State Parks Division believes having a valid title issued from another state is essential before issuing registration to non-residents to prevent New Mexico from becoming a haven for stolen vessels."



OTHER SUBSTANTIVE ISSUES



EMNRD recommends an amendment to address the issue of residency and titling a boat. The Division believes having a valid title from another state is essential before issuing non-resident registration to prevent New Mexico from becoming a haven for stolen vessels.



In addition, it would be helpful if titling or registration was required within 60 days of the boat being in the New Mexico instead of 90 days so this state's requirements are consistent with federal requirements.



The attached analysis by the Taxation and Revenue Department accurately reflects the fiscal and programmatic impact if Senate Bill 363 is enacted. The department addresses two technical issues.



RMS/sb/njw