NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Attorney General's Office

SUMMARY

Synopsis of Bill

Senate Bill 405 amends Section 40-4-4 NMSA 1978, which specifies the venue requirements for any proceeding for the dissolution of marriage, division of property, disposition of children or alimony, so that the proceeding may be instituted in the county where either party "has resided for at least thirty days" rather than just the current county where either of the parties resides.

Significant Issues

Due to the ambiguity of the 30-day residency requirement, the intent can be interpreted to allow the specified proceedings to be instituted in any county where a party has resided for 30 days, regardless of when that period of residence occurred.

TECHNICAL ISSUES

If the intent of the bill is to limit venue to counties where a party is currently residing and has resided at least 30 days prior to instituting the proceeding, the bill as written with the amended language may be interpreted to allow venue in any county in which a party has resided at one time or another for a period of 30 days. Therefore, the following amendments are offered:

Insert the phrase "resides and" between the words "parties" and "has" in Section 1, line 21 of the bill, and insert the phrase "immediately preceding the institution of the proceeding" after the word "days" in Section 1, line 22 of the bill.

JMG/ar