NOTE:  As provided in LFC policy, this report is intended only 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 for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

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

 

 

 

SPONSOR:

Leavell

 

DATE TYPED:

2/7/03

 

HB

 

 

SHORT TITLE:

Late-Night Convenience Business Security

 

SB

281

 

 

ANALYST:

Collard

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to SJM 4

 

SOURCES OF INFORMATION

 

Responses Received From

New Mexico Environment Department

Department of Public Safety

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 281 requires that late-night convenience businesses are equipped with security devices, including security cameras; a drop safe for restricted access to cash receipts; windows that allow a clear and unobstructed view from the outside of the building, and height markers for the purpose of employee safety.  Failure of a business to comply with these security devices would result in a misdemeanor.

 

     Significant Issues

 

The Environment Department notes the bill does not address employee training, outside lighting, or security audits.  The Department of Public Safety indicates that the bill creates a new crime that the enforcement division would have to enforce.

 

 

 

ADMINISTRATIVE IMPLICATIONS

 

The Department of Public Safety comments the bill impacts the department’s performance measures.  The Environment Department indicates that one of its Occupational Health and Safety Bureau performance measures is to reduce the number of injuries and illnesses in all industries.  Senate Bill 281 establishes minimum uniform standards for some late night convenience stores, thus reducing the number of injuries, illnesses and fatalities.

 

RELATIONSHIP

 

Senate Bill 281 relates to Senate Joint Memorial 4.  Senate Joint Memorial 4 directs the Environment Department to study issues relating to employee safety and security at late night retail stores.  It also directs the department to develop and present safety regulation before the Environmental Improvement Board.  Senate Bill 281 and Senate Joint Memorial 4 both apply to businesses open during the hours of 11:00 p.m. and 5:00 a.m. statewide; however, Senate Joint Memorial 4 includes additional areas of safety and security.  Senate Joint Memorial 4 establishes a civil penalty through the Occupational Health and Safety Bureau, whereas Senate Bill 281 creates a criminal penalty, enforced by local law enforcement officials.

 

KBC/yr