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SPONSOR: |
HJC |
DATE TYPED: |
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HB |
237/HJCS |
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SHORT TITLE: |
Exchange of Motor Vehicle Offense Information |
SB |
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ANALYST: |
Hayes |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Relates to HB 278 and SB 175
Responses
Received From
Office
of Indian Affairs
Highway
and Transportation Department, Traffic Safety Bureau (SHTD)
Taxation
and Revenue Department (TRD)
SUMMARY
Synopsis
of Bill
The House Judiciary Committee Substitute for HB 237
amends and adds new material to the New Mexico Motor Vehicle Code to authorize
the Motor Vehicle Division (MVD) of the Taxation and Revenue Department (TRD)
to enter into intergovernmental agreements with the appropriate governmental
entity of the Navajo Nation in order to exchange information regarding a person
who is adjudicated for a motor vehicle offense that occurred within the jurisdiction
of the Navajo Nation tribal court.
A “tribe” is defined in Section 66-5-1.2 as an
Indian nation, tribe or pueblo located wholly or partially in
The effective date of the provisions of this
legislation is
Significant
Issues
The intent of this legislation is to bridge the
gap between tribes and the State of New Mexico regarding motorists’ records so
that drivers’ history, violations, license revocations and convictions can be
shared between both entities and can be properly updated and used when a driver
faces another offense. The exchange
of information specified in this proposal pertains to all traffic convictions,
not just DWI. In order to accomplish
this goal, the House Judiciary Committee Substitute for HB 237 makes the
following changes to the New Mexico Motor Vehicle Code:
ADMINISTRATIVE
IMPLICATIONS
The
House Judiciary Committee Substitute gives MVD the authority to suspend or
revoke a driver’s license when an offense is committed within the Navajo Nation
tribal court’s jurisdiction that would have been grounds for such action had it
occurred within the jurisdiction of the state.
Some DWI offenders have multiple convictions, some of which occur within
the jurisdiction of the state, some of which occur within tribal
jurisdictions. Without the authority
granted in this bill, MVD will not be able to properly identify multiple
offenders and take appropriate action.
RELATIONSHIP
Provisions of HJCS 237
and SB 175 appear to apply mainly to the Navajo Nation and the Navajo Nation
tribal court.
HB 278 is broader in
its application; it recognizes convictions for motor vehicle offenses committed
on tribal land, authorizes cooperative agreements with tribes and
provides for information sharing with tribal courts.