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

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

SPONSOR HCPAC

ORIGINAL DATE

LAST UPDATED

1/27/07

3/15/07 HB CS/279/aSFl#1/aSFl#2

SHORT TITLE Utility Disclosure of Consumer Info

SB

ANALYST Wilson

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Attorney General (OAG)

SUMMARY

Synopsis of SFl #2 Amendment

The Senate Floor amendment #2 to the House Consumer & Public Affairs Committee substitute for

House Bill 279 adds a citation to the federal Fair Credit Reporting Act.

Synopsis of SFl #1 Amendment

The Senate Floor amendment #1 to the House Consumer & Public Affairs Committee substitute

for House Bill 279 removes a telecommunications company that obtains uses, discloses or

permits access to any telephone record through its agents or contractors from the exemption to

the provisions of this bill.

The amendment also adds a citation to the Public Utility Act:

Synopsis of Original Bill

The House Consumer & Public Affairs Committee substitute for House Bill 279 limits disclosure

or the selling of nonpublic personal information by a public utility or its employees.

The following are exempted from the above requirements:

CS/HB 279/aSFl#1/aSFl#2– Page

2

•

the Public Regulation Commission pursuant to the Public Utility Act and Public

Regulation Commission Act and rules pursuant to those acts;

•

an action by a government agency or an officer, employee or agent of an agency acting

on behalf of the agency to obtain telephone records in connection with the performance

of the official duties of the agency;

•

a telecommunications company that obtains, uses, discloses or permits access to any

telephone record through its agents or contractors that is with the lawful consent of the

customer, permitted by law, necessarily incident to rendition of services or to the

protection of the rights or property of the provider or subscriber;

•

in connection with the sale, purchase or transfer of all or part of a telecommunications

company; or

•

the migration of a customer from one carrier to another.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. 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.

SIGNIFICANT ISSUES

The provisions of this bill are intended to protect the consumers’ privacy and prevent identity

theft.

TECHNICAL ISSUES

The OAG suggests that the legislature should consider adding a definition of “Nonpublic

personal information".

DW/nt