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

SPONSOR HJC

ORIGINAL DATE

LAST UPDATED

1/23/07

3/14/07 HB CS/126/aHAFC/aHFl#1

SHORT TITLE Interlock for Certain Out-of-State Drivers

SB

ANALYST Wilson

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$1,100.0 Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

$600.0

$600.0 Recurring

Indigent

Interlock Fund

l (Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Department of Transportation (DOT)

Public Defender Department (PDD)

SUMMARY

Synopsis of HFl Amendment #1

The House Floor #1 amendment to the House Judiciary Committee substitute for House Bill 126

moves the appropriation to the final section of the bill.

Synopsis of HAFC Amendment

The House Appropriation and Finance Committee amendment to the House Judiciary Committee

substitute for House Bill 126 appropriates $1,100,000 from the general fund to the Taxation and

CS/Senate Bill 126/aHAFC/aHFl#1– Page

2

Revenue Department (TRD) for expenditure in fiscal year 2008 for expenses related to verifying

qualifications for driver's licenses and issuing ignition interlock licenses. Any unexpended or

unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

In addition the amendment allows TRD to charge a fee of no more than $15.00 to a person who

holds a driver's license from another state and is applying for a New Mexico driver's license for

the first time. The fee is appropriated to TRD to defray the expense of determining whether the

driver has been convicted of driving a motor vehicle while under the influence of intoxicating

liquor or drugs, or equivalent crime, and determining if the person qualifies for a driver's license

in this state.

Synopsis of Original Bill

The House Judiciary Committee Substitute for House Bill 126 amends Section 66-5-5 NMSA

1978 so that a driver’s license will not be issued by the Motor Vehicles Department (MVD) to

people who were convicted on or after June 17, 2005 of driving a motor vehicle while under the

influence of liquor or drugs pursuant to the laws of any other state, unless the person obtains an

ignition interlock license as provided in the Ignition Interlock Licensing Act.

The device must be installed and remain installed for one, two or three years for a first, second or

third conviction, respectively. Fourth or subsequent convictions require the device to remain

installed for the duration of the offender’s life, subject to a five-year review.

The bill requires the MVD to promulgate rules for the five-year review which shall include who

is eligible and what proof must be provided. MVD may credit time spent by a person operating a

motor vehicle with an ignition interlock or comparable device, as a condition of the person's

sentence for a conviction in another jurisdiction against the ignition interlock time requirements

imposed by this bill.

FISCAL IMPLICATIONS

According to MVD records, approximately 60,000 applicants from out-of-state apply for

licensure in New Mexico each year. MVD estimates that up to 6,000 individuals may have prior

convictions. The DOT Traffic Safety Bureau (TSB) has oversight of the interlock program. They

will have to collect the $100 ignition interlock indigent fee from these individuals as they do

from NM offenders.

DOT does not know how many of the out-of- state license applicants will be required to have an

interlock device, but if 6000 out-of state individuals are required to pay the $100 fee, there will

be a revenue increase to the Indigent Interlock Fund of up to $600,000.

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.

CS/Senate Bill 126/aHAFC/aHFl#1– Page

3

SIGNIFICANT ISSUES

The AOC notes there could be a possible increase in the number of people driving without a

license.

DOT notes there is no mechanism in place to give individuals from out- of- state access to the

indigent fund

ADMINISTRATIVE IMPLICATIONS

This bill will increase the number of interlocks installed and tracked by the DOT. However,

there is already a system in place for installation and tracking. Therefore, there will not be a

significant administrative impact to the DOT.

POSSIBLE QUESTIONS

What impact does this bill have on persons who have a New Mexico driver’s license but were

convicted post June 17, 2005, of DWI in another state.

DW/mt:csd