Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
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Previously issued FIRs and attachments may also be obtained from the LFC
in
|
SPONSOR |
Taylor, TC |
DATE TYPED |
2/4/2004 |
HB |
510 |
||
|
SHORT
TITLE |
Criminal History Background Check Fees |
SB |
|
||||
|
|
ANALYST |
Valenzuela |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
|
Indeterminate* |
Recurring |
Local
Governments |
(Parenthesis
( ) Indicate Expenditure Decreases)
*Given
that local law enforcement agencies are a primary customer of DPS for criminal
background checks, these agencies will faces budget increases.
REVENUE
|
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
|
FY04 |
FY05 |
|||
|
|
($630.0) |
($630.0) |
Recurring |
General
Fund |
|
|
$1.7
million* |
$1.7
million |
Recurring |
DPS
Operating Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
**Revenue
estimates are based on 90,000 criminal background checks requested to be
conducted every year. The bill would increase the DPS portion of the fee by $17.00,
multiplied by 90 thousand background checks, to total $1.7 million.
No
Response
Department
of Public Safety
SUMMARY
Synopsis of Bill
House Bill 510 would increase the DPS fee for
criminal background checks up to $26.00/background check. Additionally, the
bill would allow the department to use this funding, without seeking
legislative appropriation, to defray the administrative costs of maintaining
and updating law enforcement records. House Bill 510 carries an emergency
clause.
Significant Issues
HB510 implements a recommendation made by
Governor Richardson in the Moving New Mexico Forward policy document. The recommendation would increase the fee
charged to local law enforcement agencies, the courts, and district attorney’s,
the primary users of this system[1],
for criminal background checks.
FISCAL IMPLICATIONS
House Bill 510 proposes a 58.8 percent increase in
the current fee for background checks. Given the number of background checks
performed, the fee increase could generate $1.7 million for DPS. However, this
funding currently goes to the general fund. The diversion of these fees to DPS
will decrease the general fund by $630 thousand. The table below shows a
breakout of the fee and beneficiaries of the revenue:
Existing
Proposed
Fee Fee
Goes to FBI $ 24.00 $ 24.00
Goes to DPS 7.00 26.00
Goes to Contractor[2]
3.00 3.00
$ 34.00 $ 54.00
Continuing Appropriations
This
bill provides for continuing appropriations to DPS. The LFC objects to including continuing
appropriation language in the statutory provisions. Earmarking reduces the ability of the legislature
to establish spending priorities.
OTHER SUBSTANTIVE ISSUES
Performance and Accountability.
Rather than divert the funding away from
the general fund, the Legislature could require DPS to provide quarterly
performance reports on background checks and backlogs, so that the Legislature
could devise budget, policy and performance strategies, with the department, to
address this problem. A special appropriation from the general fund for DPS
could be tied to such reporting. Currently, DPS does not provide performance
measures, targets or reporting to the Legislature on this problem.
MFV/lg