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)

Relates to appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Children, Youth and Families Department (CYFD)

Department of Public safety (DPS)

SUMMARY

Synopsis of Bill

SB695 allows legal permanent residents of the United States to become Police Radio Dispatchers. Currently, the Radio Dispatcher Training Program (NMSA 1978 Section 29-7A-2) specifies that only US citizens may become police radio dispatchers in New Mexico. The bill also changes some statutory language to update the agency and personnel with regulatory authority.

Significant Issues

DPS reports there becomes a disparity issue between police radio dispatchers and police officers. The bill language "cleans up" some of the statutory language problems, but not all of it. The bill changes the Technical Services Department of the Criminal Justice Department, a department that no longer exists, to the New Mexico State Police and the FBI for fingerprint background checks.

The New Mexico State Police does not make fingerprint background inquiries. The records section of the Technical and Emergency Support division of DPS does. According to DPS, the

language should be changed to reflect this. As written, the New Mexico State Police would not be able to meet the obligation and would have to forward the fingerprints to the records section of DPS for processing.

FISCAL IMPLICATIONS

There is no appropriation in the bill.

ADMINISTRATIVE IMPLICATIONS

DPS reports the bill may create a slightly larger pool of applicants that are eligible to become dispatchers, which would be a benefit for recruiting.

TECHNICAL ISSUES

DPS suggests Page 2, line 5, needs to be corrected to the "Technical and Emergency Services Division (TESD) of the Department of Public Safety" instead of New Mexico State Police. This is due to the New Mexico State Police not processing fingerprints.

Also, change language to NMSA 1978 Section 29-7A3-A7 that were made to A2 and change the fingerprint submission references from the State Police to DPS TESD.

OTHER SUBSTANTIVE ISSUES

According to DPS, the Legislature made a public policy determination in the original audio Dispatcher Training Program (NMSA 1978 Section 29-7A-2) that dispatchers must be US citizens. At the time, that was the recommendation of the constituent law enforcement agency executives and communication center directors. It is unknown to DPS whether this opinion has changed. There would be a disparity with the Law Enforcement Training Act (NMSA 1978 Section 29-7-6.A), because law enforcement officers would still be required to be US citizens. Most other state Legislatures or appropriate regulatory agencies that have reviewed these qualifications in the past years have relaxed the citizen requirements for law enforcement officers and dispatchers.

The bill language deletes references to the old Training & Education Bureau of the Department of Criminal Justice, and the chief thereof in NMSA 1978 Section 29-7A-2 in favor of the director of the state Law Enforcement Academy, but fails to make the same changes in A-3 through A-7.

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