HOUSE BILL 855

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Daniel R. Foley

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING STATE AND LOCAL LAW ENFORCEMENT TO ENFORCE FEDERAL IMMIGRATION LAWS; CREATING THE FEDERAL IMMIGRATION LAW ENFORCEMENT GRANT FUND; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 29, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ENFORCEMENT OF FEDERAL IMMIGRATION LAW REQUIRED.--Law enforcement agencies of the state and its political subdivisions shall employ all lawful means, including use of state or federal funds, equipment, personnel or resources, to detect or apprehend persons of foreign citizenship who have entered or are residing in the United States in violation of federal immigration laws in Title 8 of the United States Code."

     Section 2. A new section of Chapter 29, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FEDERAL IMMIGRATION LAW ENFORCEMENT GRANT FUND--CREATION--ADMINISTRATION--PURPOSES.--

          A. The "federal immigration law enforcement grant fund" is created in the state treasury. The department of public safety shall administer the fund and make grants from the fund in accordance with the provisions of this section. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Earnings on balances in the fund shall be credited to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year.

          B. Money in the fund is appropriated to the department of public safety for the purposes of making grants to counties and municipalities for equipment, personnel or resources for use in detecting or apprehending persons of foreign citizenship who have entered or are residing in the United States in violation of federal immigration laws in Title 8 of the United States Code.

          C. The department of public safety shall adopt rules governing the terms and conditions of grants made from the federal immigration law enforcement grant fund."  

     Section 3. APPROPRIATIONS.--

          A. Two million dollars ($2,000,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2006 and subsequent fiscal years for equipment, personnel or resources for use in detecting or apprehending persons of foreign citizenship who have entered or are residing in the United States in violation of federal immigration laws in Title 8 of the United States Code. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

          B. Six million dollars ($6,000,000) is appropriated from the general fund to the federal immigration law enforcement grant fund for expenditure in fiscal year 2006 and subsequent fiscal years for the purpose of making grants pursuant to Section 2 of this act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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