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 Park

ORIGINAL DATE

LAST UPDATED

2/07/07

HB 831

SHORT TITLE Drug Dealer Registration Act

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NA

NA

NA

NA

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NA Unknown Unknown Unknown Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the District Attorneys (AODA)

Higher Education Department (HED)

Public Education Department (PED)

Attorney General’s Office (AGO)

Administrative Office of the Courts (AOC)

No Response Received From

New Mexico Sentencing Commission

New Mexico Corrections Department (CD)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

House Bill 831 enacts the Drug Dealer Registration Act requiring temporary and permanent

residents of New Mexico, persons moving to New Mexico or persons attending a school in New

House Bill 831 – Page

2

Mexico convicted of trafficking a control substance to register with the county sheriff. These

individuals must disclose they are convicted drug dealers to law enforcement entities, registrars

at institutions of higher education at which they are employed or attend, principals of any private

or public school they attend, and employer or supervisor. The proposed legislation requires the

county sheriff to maintain a local registry and the Department of Public Safety to maintain the

central registry of convicted drug dealers. The Department of Public Safety is required to

establish and manage a dealer registration information website. The Department of Public Safety

is to retain registration for five years for a dealer convicted of one drug offense, 10 years for a

dealer convicted of two drug offenses and lifetime for dealers convicted of three or more

offenses. Registration information, with the exception of the social security number, is available

upon request to the public. The proposed legislation provides immunity for a public employer,

public employee or public agency responsible for enforcement of the Act, provided the public

employer, public employee or public agency complies with the provisions of the Act. The Act

applies to a person who commits a drug offense on or after July 1, 2007.

FISCAL IMPLICATIONS

The Law Enforcement Records Bureau at present is facing an estimated 10,470 unfunded labor

hours and 59,000 unfunded labor hours for existing backlog. Also, DPS is projecting a budget

shortfall of $300 thousand in the information technology division for fiscal year 2007.

The LFC has been told by DPS that the Law Enforcement Records Bureau has not had a budget

increase or staff increase authorized since 1987. In that time period the Law Enforcement

Records Bureau has received the following 10 unfunded mandates for the provision of services:

•

NM Missing Person’s Information Clearinghouse,

•

Sex Offender Registration Program,

•

Interstate Identification Index,

•

National Instant Criminal Background Checks,

•

National Crime Information Center Control Terminal Agency,

•

National Crime Information Center Interstate Identification Index and Quality Assurance,

•

Uniform Crime Reporting,

•

State Tracking Number Program,

•

National Incident Based Reporting System, and

•

Conceal Carry Weapons Background Checks.

AOC states there will be minimal administrative cost for statewide update, distribution and

documentation of statutory changes. AOC reports additional fiscal impact on the judiciary

would be proportional to the enforcement of this law, commenced prosecutions and new

procedures required of the court. AOC notes new laws, amendments to existing laws and new

hearings have the potential to increase caseloads in the courts.

SIGNIFICANT ISSUES

PED states regarding the registration with a school principal intending to be accomplished by a

written notice or written record of the registration, if the information is placed into a public

school student’s school record this would implicate the federal Family Education Rights and

Privacy Act (FERPA). PED notes that under FERPA, school employees must have a legitimate

educational interest to have access to these records. PED reports FERPA permits a parent to

House Bill 831 – Page

3

request an educational agency to amen the student’s school record if the record contains

information that is inaccurate, misleading, or in violation of the student’s rights of privacy and

the student’s parent can request a hearing if the school district refused to amen the record.

PERFORMANCE IMPLICATIONS

AOC states the proposed legislation may have an impact on performance measures dealing with

cases disposed as a percent of cases filed and percent change in case filings by case type.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation has a relationship to Senate Bill 700 and House Bill 873, which have

appropriations to New Mexico State University for a database on convicted drug dealers and

methamphetamine laboratories.

OTHER SUBSTANTIVE ISSUES

AGO notes the proposed legislation is similar to a bill introduced in Congress by Representative

Steve Pearce on September 22, 2006. The Communities Leading Everyone Away from

Narcotics Through Online Warning Notification (CLEAN TOWN) Act creates a nationwide

online registry of convicted illegal drug dealers and manufacturers, which would be accessible

by the public and federal, state and local law enforcement.

HED notes a similar registration requirement is in the Drug Enforcement Administration

diversion program called the Controlled Substances Act, which requires annual registration of

every person who manufactures or distributes any controlled substance or list I chemical, or who

proposes to engage in the manufacture or distribution of any controlled substance or list I

chemical, shall obtain annually a registration issued by the Attorney General in accordance with

the rules and regulations promulgated by him.

ALTERNATIVES

AODA respectfully recommends that the language in the proposed Drug Dealer Registration Act

mirror that of the Control Substance Act. Specifically, it is recommended that a “drug dealer" be

referred to as a “drug trafficker." It is also recommended that a “drug offense" be referred to as a

“drug trafficking offense", and that the definition of a drug trafficking offense includes those

elements set forth in Section 30-31-20 to 30-31-21 NMSA 1978.

AOC suggests clarifying whether both the convicted drug dealer’s social security number and

place of employment is public information when the convicted drug dealer’s employment

requires the convicted drug dealer to have direct contact with children or youth.

RPG/csd