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

SPONSOR

McSorley

ORIGINAL DATE

LAST UPDATED

1/31/07

HB

SHORT TITLE

Interlock Program Confidentiality

SB

591a/SJC

ANALYST C.Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$0.0

NFI

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Parole Board

SUMMARY

Synopsis of Amendment

On page 5, line 18, after “act" the amendment inserts “or as a condition of parole"., The

amendment makes a technical change to the bill.

Synopsis of Original Bill

Senate Bill 591 amends Section 66-2-7.1 NMSA 1978. It changes all references to “department"

in Section A to “department or bureau," thereby making the confidentiality requirements

imposed upon State Highway and Transportation Department employees incumbent upon Traffic

Safety Bureau employees as well. The confidentiality requirements restrict disclosure of personal

information obtained about individuals in connection with drivers’ licenses, permits, vehicle

titling or registration, or identification cards.

SB 591 also adds another source of personal information to that restricted-disclosure list, namely

that obtained through the administration of the Ignition Interlock Licensing Act and the interlock

Senate Bill 591a/SJC – Page

2

device fund.

FISCAL IMPLICATIONS

NFI

SIGNIFICANT ISSUES

SB 591 amends Section 66-8-102.3 NMSA 1978 regarding the imposition of fees and the

Interlock Device Fund. Indigent people are not required to pay such a fee, and the “sentencing

court" currently determines indigence. SB 591 broadens the responsibility for determining

indigence to “the court, the parole board or a probation and parole officer."

ADMINISTRATIVE IMPLICATIONS

Current court procedure does require the judge to determine indigency. In many instances at

Bernalillo County Metropolitan Court, for example, the judge will require defense counsel make

a motion to that effect, and the judge will then hold a hearing to determine indigency. If a

probation officer could determine indigency that could save the court time spent on such motions

and hearings and reduce the court’s administrative burden related to such a determination.

In magistrate courts there are only a few probations officers handling DWI cases. If the court

has access to any probation type services, they are usually handled by compliance officers

pursuant to Section 31-20-5.1 NMSA 1978.

CS/mt