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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(Parenthesis ( ) Indicate Expenditure Decreases)

(Parenthesis ( ) Indicate Revenue Decreases)

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

The Senate Judiciary Committee Substitute for SB 287 allows for reimbursement to certain law enforcement agencies when one of the agency's officers successfully completes the qualifications set forth in the law enforcement training act at a certified regional law enforcement training facility. SB 287/SJCS also appropriates $450.0 from the general fund to DPS. SB 287/SJCS creates the "law enforcement basic training reimbursement fund"; allows for payments from the fund be made upon vouchers issued and signed by the director of the training and recruiting division of DPS subject to approval by the director; provides for the training and recruiting division of DPS to forecast the amount of reimbursement expected in each fiscal year and request the necessary funds to be appropriated to the law enforcement basic training reimbursement fund.

Significant Issues

SB 287/SJCS provides reimbursement of $3,000 to a law enforcement agency for each officer who successfully graduates from a certified, satellite law enforcement training academy. Payments shall be issued by DPS on a quarterly basis and shall be predicated on the number of officers who successfully graduated from a certified, law enforcement training academy.

PERFORMANCE IMPLICATIONS

SB 287/SJCS provides for DPS to reimburse a municipal or county law enforcement agency, at a rate of $3.0, or to the extent that funds are appropriated, when one of the agency's officers successfully completes the qualifications for certification. Also, provides the director (presumably of the training and recruiting division) to approve reimbursement on quarterly basis and shall be predicated on the number of officers who complete qualifications set forth in Section 29-7-6 NMSA 1978.

287/SJCS will affect the Public Safety Support Program, specifically outcome measures related to satellite academy compliance with standards and number of officers trained.

DPS transitioned into performance-based budgeting in FY01, SB 287/SJCS does not include performance measures.

FISCAL IMPLICATIONS

The appropriation of $450.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY02 shall revert to the general fund.

The appropriation from the general fund is to the newly created "law enforcement basic training reimbursement fund" which would then provide the reimbursement to appropriate entities.

Continuing Appropriations

This bill creates a new fund and provides for continuing appropriations. The LFC objects to including continuing appropriation language in the statutory provisions for newly created funds. Earmarking reduces the ability of the legislature to establish spending priorities.

It is unknown whether passage of the bill would have an effect on federal appropriations or other local, state and federal matching funds.

ADMINISTRATIVE IMPLICATIONS

DPS reports passage of the bill in its present form would require invoicing and payment to agencies for about 150 officers a year. That amount of time should be able to be absorbed within present staff. The larger administrative implication would be what programs would have to be terminated to pay for this in subsequent years, if it was mandated, but not funded.

TECHNICAL ISSUES

It is unclear who "director" is in the bill. This may need to be better defined. Also, it is not clear if the certified regional training facility would include municipal training facilities.

LAT/njw