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F I S C A L I M P A C T R E P O R T
SPONSOR Barela
ORIGINAL DATE
LAST UPDATED
1/27/08
HB 330
SHORT TITLE Surrender Out-Of-State Driver's License
SB
ANALYST Earnest
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Taxation and Revenue Department (TRD)
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of the Bill
House Bill 330 amends Section 66-5-2 to specify that an out-of-state driver’s license must be
surrendered within thirty days after a person begins to reside in New Mexico. Current law
specifies that driver’s licenses issued by any other state must be surrendered to the New Mexico
Motor Vehicle Division, but with out a time frame.
FISCAL IMPLICATIONS
No significant fiscal impact was identified. The AOC states that there will be a minimal
administrative cost for statewide update, distribution and documentation of statutory changes.
Any additional fiscal impact on the judiciary would 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.
pg_0002
House Bill 330 – Page
2
SIGNIFICANT ISSUES
According to TRD:
The lack of a specific time requirement allows a driver moving here with a DWI record in
another state to continue to drive with his out-of-state license for an indeterminate period
of time, and thus to avoid imposition of New Mexico’s ignition interlock requirements.
The method to enforce this provision is unclear. MVD has no way to track when a
person moves to New Mexico and then follow-up with whether the person applies for a
license. The people who move from out-of-state and are required to obtain an interlock
can be tracked if MVD keeps applications on file.
When an individual moving from out-of-state is found to have a DWI record and is
required to have an ignition interlock installed, it is up to him to satisfy that requirement
before returning for an ignition interlock license. By imposing a 30-day time limit, this
bill encourages timely return to obtain the ignition interlock license. This bill makes
completely clear that the individual will be in violation of New Mexico law if he
continues to drive with his old out-of-state license.
Clarification may be needed as to what constitutes “beginning to reside in New Mexico,"
especially as regards part-time and seasonal residents of the state.
ADMINISTRATIVE IMPLICATIONS
Effective enforcement may depend on follow-up by MVD’s Compliance Unit to encourage
compliance, identification of drivers who fail to comply within 30 days, and coordination with
law enforcement for any appropriate action with regard to those drivers who do not comply.
OTHER SUBSTANTIVE ISSUES
AOC reports that it is not clear how this statute is currently being enforced, nor if any citations
are being issued regarding failure to comply. It is possible that, given the newly restrictive time
frame, citations could increase and disputes of such citations could involve the courts. But it is
not clear what agency will be responsible for tracking when a person newly moved to New
Mexico begins to “reside in New Mexico," nor how they will track the thirty day window, nor
what actions or sanctions they will be able to implement or impose if it is determined that the
new resident has failed to comply.
BE/mt