NOTE:  As provided in LFC policy, this report is intended only 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 for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

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

 

 

 

SPONSOR:

Miera

 

DATE TYPED:

2/20/03

 

HB

189/aHCPAC

 

SHORT TITLE:

DWI Abuse Screening & Treatment

 

SB

 

 

 

ANALYST:

Chavez

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

NFI

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to HB 40, HB 139, SB 93 and SB 99

Conflicts with HB 117 and SB 16

 

SOURCES OF INFORMATION

 

State Highway & Transportation Department, Traffic Safety Bureau (SHTD)

Department of Finance and Administration (DFA)

LFC Files

 

SUMMARY

 

     Synopsis of HCPAC Amendment  

 

The House Consumer and Public Affairs Committee amendment removes the 30-day time requirement that an offender, upon conviction, participate in and complete an alcohol or drug abuse screening program approved by the Department of Finance and Administration.  The amendment would maintain current law which allows for participation and completion of an alcohol or drug abuse screening program within a time specified by the court.

 

     Synopsis of Original Bill

 

House Bill 189 amends Section 66-8-102 NMSA 1978 to require an offender upon conviction to participate in and complete an alcohol or drug abuse screening program approved by the Department of Finance and Administration (DFA).

 

   

 Significant Issues

 

Currently, offenders can attend any alcohol or drug abuse screening program.  House Bill 189 will provide statewide standardization to a screening program in conformance with legislative finance audit recommendations.

 

CONFLICT, RELATIONSHIP

 

Other than amending the same section of law, there are no specific conflicts with HB 40, HB 139, SB 93, and SB 99.

 

However, HB 117 and SB 16 both eliminate the mandatory requirement for second and subsequent DWI offenders to participate in and complete an alcohol or drug abuse screening program which creates a conflict with this bill.

 

OTHER SUBSTANTIVE ISSUES

 

The Traffic Safety Bureau within SHTD works closely with the Department of Health (DOH) on DWI issues.  Currently, DOH has a database that tracks DWI offenders through the required alcohol or drug abuse screening program.  However, the database is incomplete because there are no standards set for screening programs and therefore, no requirements to report information to DOH.  Reporting is currently voluntary for screening providers.  House Bill 189 would allow DOH to track all DWI offenders.  SHTD does utilize this database through DOH for statistics and analysis. 

 

FC/ls :yr