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 be obtained from the LFC in
|
SPONSOR |
Larranaga |
DATE TYPED |
|
HB |
553 |
||
|
SHORT
TITLE |
School Dropout Driver’s License Suspensions |
SB |
|
||||
|
|
ANALYST |
Reynolds-Forte |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
|
|
|
|
|
|
Significant See Narrative |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
REVENUE
|
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
|
FY04 |
FY05 |
|
|
|
|
|
|
($10.0) |
Recurring |
State
Road Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
LFC Files
Responses
Received From
Taxation
and Revenue Department
Public
Education Department
SUMMARY
Synopsis of Bill
House Bill 553 would
modify the Motor Vehicle Code to deny driver’s licenses to individuals under 18
years of age who are not enrolled in a public, private or home school or have
not obtained a high school diploma or its equivalent, or demonstrated hardship
to the Motor Vehicle Division justifying why they are not in school or have not
obtained a high school diploma or its equivalent. The proposal also amends Section 66-5-30 NMSA
1978 in a way that would allow MVD the discretion to suspend a license when an
individual under the age of 18 drops out of high school.
Current law states that
a person between thirteen and eighteen may be issued a restricted license to operate
a motorcycle and such licensee “may” carry any other passenger. House Bill 553 changes the “may” to “shall
not” carry any other passenger.
FISCAL IMPLICATIONS
The Taxation and Revenue Department believes the
impact of administering House Bill 553 could be quite significant. Verification of
qualifying status could prove to be a problem. The additional paperwork
required to document enrollment status of all student-drivers in the state
would be substantial, and could increase wait times for customers in motor
vehicle field offices.
The Taxation and Revenue
Department believes the fiscal impact of House Bill 553 to the revenues would
be minor. To the extent that its provisions could be enforced, individuals dropping
out of school would be denied driver’s licenses and instructional permits. Most
likely, less than 1,000 permits would be denied statewide, hence, denying the
State Road Fund and various local funds a total of less than $10 thousand
annually.
TECHNICAL ISSUES
The Taxation and Revenue
Department points out the following technical issues:
1) Page 3, lines 22-25
of the proposal states that MVD can issue a license to a an individual who is
under 18 years of age and not enrolled in school if there’s a “showing of
hardship to the division justifying why the person is not enrolled in school.”.
How MVD would implement this provision
is unclear. The measure should specify criteria for determining hardship.
2) Page 8, lines 7-15 of
the proposal provides that MVD can suspend a license when a person under the
age of 18 drops out of school. The measure provides no mechanism whereby MVD
would be notified when these types of individuals drop out of school.
The Public Education
Department believes the proposal conflicts with the Compulsory School Attendance
Law (Sections 22-12-1 to 22-12-8 NMSA 1978) requiring individuals to attend
school until the age of 17 if they are employed or engaged in an alternative
form of education. Moreover, SDE points out that by enrolling in a course to
study for a GED, a person under the age of 18 could argue that he is enrolled
in an alternative form of education, thus avoiding denial of driver’s license
under provisions of the proposed measure.
OTHER SUBSTANTIVE ISSUES
The Taxation and Revenue Department believes that provisions of the bill
undercut the purpose of the Motor Vehicle Code.
Qualifications for licensure are designed to ensure safety of the motoring
public. It is unlikely that staying enrolled in high school or obtaining a GED
causes people to drive in a safer manner than they otherwise would. Also, the measure would place MVD in the
position of performing functions that are best left to truancy officers and
courts.
PRF/yr