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 a vailable 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 Suite 101 of the State Capitol Building North.

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

SPONSOR Vigil

DATE TYPED 2-14-05

HB 667

SHORT TITLE Breath Testing Instrument Replacement

SB

ANALYST Collard

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$553.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates Request in the General Appropriation Act, Section 5

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Department of Health (DOH)

DWI Czar

SUMMARY

Synopsis of Bill

House Bill 667 appropriates $553 thousand from the general fund to DOH’s Scientific Labora-

tory Division for the purpose of replacing old breath testing instruments.

Significant Issues

DOH notes the Scientific Laboratory Division (SLD) is responsible for the selection, certifica-

tion, maintenance and repair of all breath alcohol-testing instruments used by law enforcement

agencies in New Mexico. Currently, the instruments are purchased by local lay enforcement.

No fund exists for SLD for the purchase of new instruments or the replacement of old instru-

ments. Law enforcement agencies throughout New Mexico have to find their own funds to buy

instruments. Because funds were made available on a one-time basis in 1996, a large number of

instruments were purchased that year. However, in 2004, 60 percent of the 270 breath alcohol

testing instruments in use by law enforcement agencies across New Mexico for DWI programs

were older than their 7-year life expectancy, and there is no fund to allow their replacement. As a

House Bill 667 -- Page 2

result, SLD maintenance costs and time out of use for repair have increased dramatically and are

increasing annually.

FISCAL IMPLICATIONS

The appropriation of $553 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY06 shall not revert to

the general fund.

By including non-reverting language, this bill provides for continuing appropriations. The LFC

objects to including continuing appropriation language. Earmarking reduces the ability of the

legislature to establish spending priorities and unnecessarily complicates the appropriation proc-

ess.

DOH notes these funds would be used to directly purchase instruments for use by all state and

local law enforcement agencies involved in the New Mexico ICO Implied Consent Program

(DWI) control in New Mexico.

ADMINISTRATIVE IMPLICATIONS

The DWI Czar notes SLD is spending considerable staff time repair old breathalyzer machines

that are outdated. Conceivably, replacement of some of these machines would save staff time as

well as providing up to date technology in the field.

DUPLICATION

House Bill 667 duplicates a special appropriation request of $250 thousand in non-recurring

funds to purchase 33 breath-testing instruments to replace the oldest of the 270 currently in use

in New Mexico by law enforcement in support of the Implied Consent Act.

KBC/yr