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.

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

SPONSOR SPAC

ORIGINAL DATE

LAST UPDATED

2/16/07

3/05/07 HB

SHORT TITLE Interlock for Certain Out-of-State Drivers

SB CS/437/aSJC

ANALYST Wilson

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

$600.0

$600.0 Recurring

Indigent

Interlock Fund

(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

$0.1

$0.1

$0.1 Recurring Various

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 126

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

Department of Transportation (DOT)

Public Defender Department (PDD)

Taxation & Revenue Department (TRD)

SUMMARY

Synopsis of SJC Amendment

The Senate Judiciary Committee amendment to the Senate Public Affairs Committee Substitute

for Senate Bill 437 is a technical amendment that clears up an incorrect cite.

CS/Senate Bill 437/aSJC– Page

2

Synopsis of Original Bill

The Senate Public Affairs Committee Substitute for Senate Bill 437 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 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 in this bill.

The requirements of this bill shall not apply to a person who applies for a driver's license ten

years or more from the date of the person's last conviction, except for a person who is subject to

lifetime driver's license revocation for a conviction in another jurisdiction.

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.

TRD states that major development, implementation and training will be required in order to

accomplish this change. Information system changes will include code changes to the driver

system in both the mainframe (320 hrs) and web environment (320 hrs) and ability to accept

history information from other states. Total hrs: 640.

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

of statutory changes. Any additional fiscal impact on the judiciary will 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.

SIGNIFICANT ISSUES

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

license.

CS/Senate Bill 437/aSJC– Page

3

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

indigent fund

ADMINISTRATIVE IMPLICATIONS

The MVD shall promulgate rules necessary for granting credit to persons who participate in

comparable out-of-state programs following a conviction for driving a motor vehicle while under

the influence of intoxicating liquor or drugs.

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/csd