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 Martinez

ORIGINAL DATE

LAST UPDATED

1/23/2006

HB 0122

SHORT TITLE

Change Interlock Device Fund Administration

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

0.0

0.0

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Finance and Administration (DFA)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

House Bill 122 amends Section 66-8-102.3 NMSA 1978 to change the responsibility for the ad-

ministration of the Interlock Device Fund from the Local Government Division (LGD) of the

Department of Finance and Administration to the Traffic Safety Bureau (TSB) of the Department

of Transportation (DOT).

House Bill 122 does not contain an appropriation. The bill has an emergency clause.

FISCAL IMPLICATIONS

DFA indicates there will be an insignificant impact on revenues.

SIGNIFICANT ISSUES

All duties and responsibilities related to the administration of this fund are transferred from the

Local Government Division (LGD) of DFA to the Traffic Safety Bureau (TSB) of the Depart-

ment of Transportation. TSB will receive the 5% administration fee. TSB will determine by rule

the amount of the fee imposed on those convicted of DWI. They will distribute the fees imposed

House Bill 122 – Page 2

to the interlock device fund. The money in the fund will be appropriated to TSB to cover the

costs of installing and removing and one-half the cost of leasing ignition interlock devices for

indigent people.

HB 122 also provides that the indigent fee will not be imposed on any person determined to be

indigent by the court.

The bill changes the required remittance period for fees collected by vendors to a quarterly basis

from the monthly basis in the original law.

OTHER SUBSTANTIVE ISSUES

Under current legislation, TSB regulates the ignition interlock manufacturers, service providers

and the Ignition Interlock Program. LGD administers the Interlock Device Fund. Placement of

these functions in two different departments complicates administration for the two departments,

creates confusion for the public and vendors and creates problems when vendors responsible for

collecting and remitting fees as required in the legislation. HB 122 moves the administration of

the Interlock Device Fund to TSB.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

If HB 122 is not enacted, the Ignition Interlock Program and the Interlock Device Fund will re-

main difficult and costly to administer for the agencies and the vendors.

BMC/mt