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SPONSOR: |
Lujan |
DATE TYPED: |
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HB |
927 |
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SHORT TITLE: |
Charges for Copying Motor Vehicle Records |
SB |
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ANALYST: |
Hayes |
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REVENUE
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Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
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$0.1 |
$0.1 |
$0.1 |
Recurring |
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(Parenthesis ( ) Indicate Revenue Decreases)
Duplicates SB 872
Responses
Received From
Taxation
and Revenue Department (TRD)
Commission
of Public Records
SUMMARY
Synopsis
of Bill
Under Section 66-2-7 NMSA 1978, the Motor
Vehicle Division is permitted to make a reasonable charge for copies, printouts
or abstracts of its records. House Bill 927 amends Section
66-2-7 NMSA so that TRD may also charge a reasonable fee to defray the actual
cost of creating, maintaining and preserving the integrity of the database for
furnishing photocopies, printouts or abstract MVD records.
HB 927 contains an emergency
clause so that provisions of this act may take effect immediately.
Significant
Issues
1.
According
to TRD, certain states have implemented
information systems that make their motor vehicle information available to data
users for a charge that covers the costs of system development. This approach achieves the goal of
disseminating information requested, but the costs are borne by the users of
the information. “Users” are often businesses,
like insurance companies, for whom the data are a valuable source of information. HB 927 would enable the Motor Vehicle
Division to implement a similar system of disseminating non-confidential information
with the data users bearing the development costs for that information.
2.
Some companies have used the MVD database as a ‘mailing
list’ for advertising and for other purposes.
In turn, those companies have resold information from MVD’s database for a profit. The cost of developing and providing MVD
information is borne by
FISCAL IMPLICATIONS
TRD did not provide
actual cost information of its system or propose a formula for determining a
proper charge/fee to defray the costs for creating and maintaining the MVD
database. Further testimony or documentation
may be needed from the department regarding how database and maintenance costs
will be assessed and allocated in order to calculate a “reasonable charge.”
The agency also did not provide revenue
estimates relating to the fee revenue addressed by this bill. In fact, TRD stated that there would be “no
net impact on the department’s budget” in its analysis.
The intent of this
legislation is to authorize the fee charged to database users to be sufficient
enough to “defray the actual cost… of the database.” However, it is unclear whether or not revenue
generated from this ‘enhanced’ fee is intended to be re-directed to MVD, given
the agency’s response noted above.
CONFLICT, DUPLICATION, COMPANIONSHIP,
RELATIONSHIP
SB 872 duplicates this
bill.
HB 205 amends the
Inspection of Public Records Act so that photocopy charges do not exceed the
record custodian’s actual costs for photocopying and so that electronic data
must be provided by the means least expensive to the public.
Section 14-3-15.1 NMSA
1978 contains provisions for copying data for the public from a database.
POSSIBLE QUESTIONS
CMH/ls