[1] 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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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Aragon

 

DATE TYPED:

01/25/02

 

HB

 

 

SHORT TITLE:

Peace Officer Survivors Benefits

 

SB

39

 

 

ANALYST:

Belmares

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

Indeterminate

See Narrative $0.1

 

Indeterminate

See Narrative   $0.1

 

Recurring

Peace Officers’

Survivors Fund

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

 

 

 

 

(Indeterminate)

See Narrative ($0.1)

(Indeterminate)

See Narrative

 

Recurring

 

General Fund

 

(Indeterminate)

See Narrative ($0.1)

(Indeterminate)

See Narrative

 

Recurring

Law Enforcement Protection Fund

 

(Parenthesis ( ) Indicate Revenue Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

 

Department of Public Safety (DPS)

State Personnel Office (SPO)

LFC Files

 

No Response

Attorney General’s Office

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 39 amends the Peace Officers’ Survivors Supplemental Benefits Act (Sections 29-4A-1 to 29-4A-5 NMSA 1978).  SB39 would provide for payments to surviving parents of an officer killed in the line of duty.  Currently, only a surviving spouse or surviving children are eligible to receive payment.  The act makes an appropriation from the Law Enforcement Protection Fund to maintain the Peace Officers’ Survivors Benefits Fund at a minimum of $350.0.

 

     Significant Issues

 

In 2001, three New Mexico peace officers were killed in the line of duty that did not have a surviving spouse or surviving children, but did have surviving parents.  SB39 would allow for survivors benefits to be extended to surviving parents of peace officers killed in the line of duty.  In addition, Section 9 of SB39 has a retroactive application period to calendar year 2001 in order to include the families of the three officers killed in the line of duty in 2001.

 

Section 29-13-2 NMSA 1978 establishes the purpose of the Law Enforcement Protection Fund to provide for the equitable distribution of money to municipal police, university police, tribal police and county sheriff’s departments for use in the maintenance and improvement of those departments in order to enhance the efficiency and effectiveness of law enforcement services.  SB 39 would expand the purpose of the fund “to sustain at a reasonable level the payments available to the surviving eligible family members of a peace officer killed in the line of duty.” 

 

FISCAL IMPLICATIONS

 

The act makes an appropriation from the Law Enforcement Protection Fund to maintain the Peace Officers’ Survivors Benefits Fund at a minimum of $350.0.  SB 39 would appropriate as necessary during the year from the Law Enforcement Protection Fund  a sufficient amount of funding to the Peace Officers’ Survivors Fund and would be incorporated into the amount due to local governments.

 

According to DPS audits, the Law Enforcement Protection Fund had $465.7 and $491.8 at years ending FY00 and FY01 respectively.  Liabilities to the fund in the same amounts are listed as “Assets held for others.”  Although the  Department of Finance and Administration (DFA) audits indicate the Law Enforcement Protection Fund had $4,936.6 and $4,802.6 at years ending FY00 and FY01 respectively (with liabilities to the fund in the same amounts listed as “due to local governments”), the Law Enforcement Protection Fund has made reversions to the general fund in the amounts of $367.7 and $339.5 in FY00 and FY01 respectively.  Depending on the level of funding in future years, appropriations from the Law Enforcement Protection Fund to the Peace Officers’ Survivors Fund could decrease future reversions to the general fund.

 

EB/njw:ar                                                                                                      

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