HOUSE BILL 399

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Thomas E. Swisstack

AN ACT

RELATING TO ARREST RECORDS; AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY TO CHARGE A FEE FOR CRIMINAL HISTORY BACKGROUND CHECKS; CREATING THE CRIMINAL HISTORY FUND; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. A new section of the Arrest Record Information Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL HISTORY FEE.--The department of public safety may charge an administrative fee of up to forty dollars ($40.00) to process criminal history background checks based on fingerprint-supported arrest record information maintained by the department of public safety and to provide access to the state's criminal history database."

     Section 2. A new section of the Arrest Record Information Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL HISTORY FUND CREATED.--

          A. The "criminal history fund" is created in the state treasury. Money received by the department of public safety pursuant to the Arrest Record Information Act shall be deposited in the fund. The fund shall be administered by the department of public safety and money in the fund is appropriated to the department of public safety for the administration of the Arrest Record Information Act. Expenditures from the fund shall be made by warrant of the secretary of finance and administration upon vouchers signed by the secretary of public safety or the secretary's authorized representative.

          B. The state treasurer shall invest money in the criminal history fund as other state funds are invested, and all income derived from the fund shall be credited directly to the fund. Remaining balances at the end of a fiscal year shall remain in the criminal history fund and shall not revert to the general fund."

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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