HOUSE JOINT MEMORIAL 33

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Ray Begaye

A JOINT MEMORIAL

REQUESTING A STUDY OF THE IMPLICATIONS OF ENACTING A DOMESTIC PARTNERSHIP LAW IN NEW MEXICO.

     WHEREAS, over many years, the legislature of the state of New Mexico has considered many versions of a bill creating a domestic partnership in law; and

     WHEREAS, the many and various versions have in common the need to amend much of the state's domestic affairs law and to overhaul custody, paternity, inheritance, probate, guardianship and other legal protections based on the legal recognition of a same sex couple; and

     WHEREAS, changing any one of the sections of law could create new causes of action in the courts and, therefore, more expenses for the courts; and

     WHEREAS, changing any one of the sections of law pertaining to abuse, neglect or domestic violence could impose new demands on law enforcement personnel across the state and, therefore, more expense to law enforcement agencies; and

     WHEREAS, requiring all agencies whose authorizing statutes are affected to change and reprint their rules and handbooks could cost the state more money; and

     WHEREAS, changing the forms and affidavits for every marriage in the state will affect every county; and

     WHEREAS, besides the upheaval created by the change in law, there may be many other unintended consequences that could create increased expenses for the state;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to appoint a committee to study the financial effects of implementing a domestic partnership law; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council be requested to enlist the analysts of the legislative finance committee and the attorneys of the legislative council service, as well as to request involvement from the department of finance and administration, to study the issue and project state expenses for implementation of a domestic partnership law; and

     BE IT FURTHER RESOLVED that the committee report to the New Mexico legislative council by August 30, 2010 on its conclusions and that copies of the resulting committee's report on its cost projections for implementation of a domestic partnership bill be submitted to the governor and the co-chairs of the New Mexico legislative council; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor and the co-chairs of the New Mexico legislative council.

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