NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when 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:

Tsosie

 

DATE TYPED:

02/05/03

 

HB

 

 

SHORT TITLE:

Exchange of Motor Vehicle Offense Information

 

SB

175

 

 

ANALYST:

Hayes

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HB237

Relates to HB278

 

SOURCES OF INFORMATION

 

Responses Received From

Office of Indian Affairs

Highway and Transportation Department, Traffic Safety Bureau (SHTD)

 

No Responses Received From

Taxation and Revenue Department (TRD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 175 amends and adds anew material to the New Mexico Motor Vehicle Code to authorize the Motor Vehicle Division (MVD) of the Taxation and Revenue Department (TRD) to enter into cooperative agreements with the Navajo Nation in order to exchange information regarding state residents who are adjudicated for motor vehicle offenses that occurred within the jurisdiction of the Navajo Nation tribal court.

 

The effective date of the provisions of this legislation is July 1, 2003.

 

     Significant Issues

 

The intent of this legislation is to bridge the gap between the Navajo Nation and the State of New Mexico regarding motorists’ records so that drivers’ history, violations, license revocations and convictions can be shared between both entities and can be properly updated and used when a driver faces another offense.  In order to accomplish this goal, Senate Bill 175 makes the following changes to the New Mexico Motor Vehicle Code:

 

  1. Amends section 66-1-4.6 to define a “first offender” as a person who, for the first time under state or federal law or a municipal ordinance or by the Navajo Nation tribal court, has been adjudicated guilty of the charge of DWI.

 

  1. Amend section 66-1-4.16 to define a “subsequent offender” as a person who was previously a first offender and who again, under state law, federal law or a municipal ordinance or by the Navajo Nation tribal court has been adjudicated guilty of the charge of DWI.

 

  1. Adds a new section, 66-5-27.1A, to establish recognition of convictions for motor vehicle offenses committed on Navajo Nation tribal land by authorizing TRD to enter into cooperative agreements with the appropriate governmental entity of the Navajo Nation to permit the exchange of information between the Navajo Nation tribal court and the division for state residents found guilty of motor vehicle offenses that occurred within the jurisdiction of the Navajo Nation tribal court.

 

  1. Adds a new section 66-5-27.1B to authorize the Motor Vehicle Division to suspend or revoke a driver’s license or driving privilege of a New Mexico resident who has been convicted of a motor vehicle offense by the Navajo Nation tribal court providing that TRD has entered into a cooperative agreement with the Navajo Nation and the division has received notice from the Navajo Nation tribal court that the driver has been convicted of a motor vehicle offense.

 

DUPLICATION/RELATIONSHIP

 

HB237 duplicates SB175.

 

HB278 duplicates the amendments proposed by SB175 except it uses and defines the term “tribal court” and “tribe” for clarification.  HB278 is broader in its application; it recognizes convictions for motor vehicle offenses committed on tribal land, authorizes cooperative agreements with tribes and provides for information sharing with tribal courts.  SB175 applies only to the Navajo Nation and the Navajo Nation tribal court.  

 

TECHNICAL ISSUES

 

If the “Navajo Nation tribal court” does not include all Native American tribes in New Mexico, it would be more beneficial to include language that would encompass all Native American tribes in New Mexico so that this legislation applies to everyone and accomplishes its original goal.

 

CMH/njw