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 HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also 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

Lopez

DATE TYPED

2/4/04

HB

 

 

SHORT TITLE

Child Abuse & Neglect Citizens Review Boards

SB

128/aSPAC

 

 

ANALYST

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

$400.0

 

See Narrative

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

LFC Files

 

Response Received From

Administrative Offices of the Courts

 

No Response Received From

Children, Youth and Families Department

 

SUMMARY

 

            Synopsis of SPAC Amendment

 

The Senate Public Affairs Committee amended SB 128 to address the concern raised by the administrative offices of the courts (AOC) in its analysis. The amendment reinstates the department of finance and administration as the entity to provide the fiscal oversight for the review board. 

 

The courts expressed concern that they have not, in the past, been the fiscal agent responsible for supporting the child abuse and neglect citizen review board.  The courts stated the administrative impact would be significant.  The courts identified the department of finance and administration as the entity having provided the fiscal oversight in the past.

 

Synopsis of Original Bill

 

This bill appropriates $400 thousand in FY05 to the administrative office of the courts (AOC) to support the child abuse and neglect citizen review board program statewide.  The appropriation is intended to help the program keep up with an increasing caseload, allowing the board the opportunity to review cases and make sound recommendations.

 

 

 

Significant Issues

 

Placing this responsibility with the courts should result in greater consistency in the handling of child abuse cases and should allow attorneys and judges across the districts to build and share expertise in preparing abuse cases, going to trial, developing effective plea agreements and treatment plans that allow families to remain intact, and the like.

 

According to AOC, the courts do not currently oversee or provide administrative support for the operation of the statewide citizen review board program.  Funding for the operation of the citizen review board program is currently appropriated to the department of finance and administration.

 

AOC may be a better “fit” to provide guidance and support to this board since they have subject matter expertise and involvement that the department of finance and administration may not.

 

FISCAL IMPLICATIONS

 

The bill appropriates $400.0 in general fund. The costs associated with this board are recurring for the state. Any unexpended or unencumbered balance remaining at the end of FY05 shall revert to the general fund. 

 

AOC notes chief judges’ council agreed to support a unified judicial budget request for specific prioritized needs for the judiciary.  This request for $400 thousand is not part of the unified budget request.

 

ADMINISTRATIVE IMPLICATIONS

 

AOC states the administrative impact would be substantial in staff time and operational resources. 

 

While AOC time and resources will be expended, AOC is likely the agency best positioned to promote consistency and to effect needed change throughout the comprehensive legal system.

 

ALTERNATIVES

 

AOC recommends the responsibilities that arise from administering the appropriation in this bill remain with the department of finance and administration rather than with the AOC.

 

AMENDMENTS 

 

The citizen’s review board director has informed AOC the appropriation was intended to be   $100 thousand, not $400 thousand.

 

 

SJM/lg:yr