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

SPONSOR Lujan

DATE TYPED 3/30/05

HB 412/aHJC/aSFL#1/aSFL#2

SHORT TITLE Vehicle Registration Time Periods

SB

ANALYST Rosen

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

Indeterminate

Indeterminate

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

Responses Received From

Taxation and Revenue Department (TRD)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of SFL Amendments

Senate Floor Amendment #1 to House Bill 412, as amended, changes the time frame for registra-

tion from 30 days to 60 days of beginning employment.

Senate Floor Amendment #2 to House Bill 412, as amended, clarifies that the presumption of

state residency does not apply for the purposes of in-state tuition at New Mexico educational in-

stitutions.

Synopsis of HJC Amendment

House Judiciary Committee amendment to House Bill 412 adds “and operates in New Mexico”

to the ownership definition, strikes specific penalty language and replaces it with reference to the

Penalty for Misdemeanor section of the Motor Vehicle Code, which currently provides for the

same penalties as the elided language.

Synopsis of Original Bill

House Bill 412 requires a person employed in the state for at least 30 days in any 60-day period

to register their vehicle within 30 days of beginning employment. As under present law, excep-

House Bill 412/aHJC/aSFL#1/aSFL#2 -- Page 2

tions are provided for students and commuters. It also enacts a new provision that would make

the failure to register a misdemeanor punishable by a fine of up to $300 or up to 90 days in jail or

both.

Significant Issues

According to TRD, enforcement of the proposed rules, like the current rules, could be difficult.

An officer may have difficulty determining that a person has worked in New Mexico for the last

30 days.

FISCAL IMPLICATIONS

TRD cannot accurately estimate any fiscal impacts from this bill. It is assumed that there will be

a small increase in revenues due to the new penalty and the tighter registration requirements.

ADMINISTRATIVE IMPLICATIONS

AOC reports 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 pro-

portional 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 re-

quiring additional resources to handle the increase.

TECHNICAL ISSUES

TRD notes the bill says a person “shall register” and does not address a circumstance where an

owner wants a title- only transaction.

TRD notes the bill does not address what an employee, after finding out that a person has gone

over the thirty days, is required to do by statute.

JR/rs:lg:yr