NOTE: As provided in LFC policy, this report is intended 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 in any other situation.
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| SPONSOR: | Wallace | DATE TYPED: | 02/10/00 | HB | 45/aHGUAC | ||
| SHORT TITLE: | Law Enforcement Training & Recruiting Fund | SB | |||||
| ANALYST: | Trujillo | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY00 | FY01 | FY00 | FY01 | ||
| See Narrative | $ 294.3 | Recurring | LETRF | ||
(Parenthesis ( ) Indicate Expenditure Decreases)
| Subsequent
Years Impact |
Recurring
or Non-Rec |
Fund
Affected | ||
| FY00 | FY01 | |||
| $ (257.5) | $ (294.3) | Recurring | GF* | |
| $ 257.5 | $ 294.3 | Recurring | LETRF | |
(Parenthesis ( ) Indicate Revenue Decreases)
*Table is scored on current law which indicates all revenues received shall be deposited into the general fund unless specified by statute. Current practice does not deposit this revenue into the general fund.
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
Department of Public Safety
Office of Indian Affairs
Agencies not responding include:
Criminal Juvenile Justice coordinating Council
Department of Finance and Administration
Municipal League
Association of Counties
SUMMARY
Synopsis of HB45/AHGUAC
Synopsis of Original Bill
HB45 allows the DPS Training & Recruiting Division to gain revenue by charging fees for training, facilities and services and establishes an account for the revenue.
Significant Issues
According to DPS, the New Mexico Law Enforcement Academy currently charges fees for tuition and room and board for advance training and special session classes offered at the academy. The academy also collects classroom rental charges from agencies who use the training facilities. Fees have been established by the New Mexico Law Enforcement Academy Board pursuant to Section 29-7-4 NMSA 1978. Section 29-7-12 NMSA 1978 prohibits the academy from charging "local public bodies or New Mexico Indian tribes or pueblos for any expenses associated with providing basic law enforcement training programs...". Section 29-7-6.1 NMSA 1978 provides that "A county sheriff's per diem, mileage and tuition expenses attributed to attendance at the administrative law enforcement training shall be paid for by the governing body of the county served by that sheriff."
Between 1988 and 1991, there was a law enforcement training fund for the deposit of certain commercial vehicle motor carrier fees, and this has often been confused with the above fees. After the repeal of the law enforcement training fund in 1991, training fees were erroneously deposited into this fund without creating a new fund for training fees only. The error was corrected in the summer of 1999. However, LFC and DFA analysts have challenged the "revolving status" of the fund containing the training fees and suggested these revenues should revert to the general fund. Furthermore, it is the position of the LFC that Section 29-7-4 does not sufficiently authorize the charging of fees by the Academy.
FISCAL IMPLICATIONS
The FY00 DPS operating budget includes an additional $257.5 and requested the use of $294.3 in FY01. DPS contends that for many years the legislature has, through the General Appropriation Act, appropriated these fees as other state funds for the purpose of operating the academy.
According to DPS, HB45 rectifies problems identified by the LFC and DFA as to statutory authority to charge fees, and allows the continuation of past legislative and executive practice requiring a certain part of DPS Training's operations budget to come from revenue.
A portion of DPS Training's operating budget will come from the required generation of fees. Currently, the LFC recommendation in HB2 does not include this revenue. Until legislation is enacted the agency will operate at a significantly lower operating level than previous years.
Table is scored on current law which indicates all revenues received shall be deposited into the general fund unless specified by statute. Current practice does not deposit this revenue into the general fund.
ADMINISTRATIVE IMPLICATIONS
DPS reports no change from past and current practice.
CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP
DPS reports there is a supplemental appropriation request for training programs, equipment and personnel that approximate the funds that were reverted to the GF (see Substantive Issues, paragraph 2) from the previous revenue account.
LFC has not seen documentation that indicates the agency reverted these funds to the general fund.
TECHNICAL ISSUES
DPS reports this resolves a technical issue that was discovered by the LFC and DFA staff in the summer of 1999.
LAT/njw:gm:sb