Fiscal impact
reports (FIRs) are prepared by the Legislative
Finance Committee (LFC) for standing finance committees of the NM Legislature. The
LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
Current FIRs (in HTML & Adobe PDF formats) are available on the
NM Legislative Website (legis.state.nm.us). Adobe PDF versions include all attachments,
whereas HTML versions may not.
Previously issued FIRs and attachments may
also be obtained from the LFC in
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SPONSOR |
SPAC |
DATE TYPED |
|
HB |
|
||
|
SHORT
TITLE |
Providing Alcohol To A Minor |
SB |
450/SPACS |
||||
|
|
ANALYST |
|
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
|
See Narrative |
|
|
Relates to:
HB 94, HB 115, HB 117, HB 131, HB 202, HB 316, HB 487, SB 22, SB 99, SB
449, SB 505
LFC
Files
SUMMARY
Synopsis of Bill
The Senate Public
Affairs Committee substitute for Senate Bill 450 amends the Liquor Control Act by increasing
the criminal penalties for providing alcohol to a minor.
The bill provides that a person who procures for or sells, gives, serves,
or otherwise supplies alcoholic beverages to a minor is guilty of a fourth
degree felony and the offender shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. The
penalties of increasing severity for first, second and third violations are eliminated.
When
someone other than the minor procures for another person through concealment of
the facts to the person giving the alcohol to the minor, the person doing the
misrepresentation and deceiving is guilty of a fourth degree felony. A person who is deceived
by someone else into providing the minor with alcohol is not guilty of a crime.
The
bill allows an adult spouse of a minor to serve alcohol to that minor on real
property, other than licensed premises, under the control of the spouse who must
be over 21. It also allows alcoholic beverages to be used by a minor in the
practice of religious beliefs.
FISCAL
IMPLICATIONS
AOC notes there will be a minimal administrative
cost for statewide update, distribution, and documentation of statutory changes. Any additional fiscal impact on the judiciary
would be proportional to the enforcement of this law and commenced
prosecutions. New laws, amendments to existing laws, and new hearings have the
potential to increase caseloads in the courts, thus requiring additional
resources to handle the increase.
ADMINISTRATIVE
IMPLICATIONS
Law enforcement personnel will have to
incorporate the provisions of this bill into their current responsibilities.
There is an
administrative impact on the court resulting from added judicial time needed to
dispose of these types of cases in the manner provided under the law.
RELATIONSHIP
Relates to:
HB 94 which will
reconcile multiple amendments to section 66-8-102 NMSA 1978 relating to driving
while under the influences of intoxicating liquor or drugs.
HB 115 and HB 117
which will increase the tax distribution to the local DWI grant fund, increase
distributions from the fund, and make appropriations.
HB 131 which proposes
an eight county regional alcohol treatment center. HB 117 also appears to have the same intent.
SB 22 which will amend
the definition of “division” relating to the local DWI grant program act.
SB 99
which proposes to increase penalties for DWI offenders and to mandate
treatment services and extend mandatory jail time.
SB 449 which will
provide for forfeiture of motor vehicles, by amending and enacting sections of
the NMSA 1978, relating to driving while
under the influence of intoxicating liquor or drugs.
SB 505 which will make
an appropriation to contract for youth programs that provide prevention
training for use and abuse of alcohol, tobacco and illegal drugs in certain New
Mexico Navajo communities.
DW/yr