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 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	McSorley		DATE TYPED	2/12/04		HB
SHORT TITLE		Office of Justice, Liberty, and Peace Act				SB	405
					ANALYST		Johnson

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY04	FY05	FY04	FY05
	$250.0		See Narrative	Recurring	General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB302

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Attorney General

Department of Finance and Administration (DFA)

Children, Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

Senate Bill 405 appropriates $250,000 from the general fund to Office of Justice, Liberty and Peace which is administratively attached to the department of finance and administration for the purpose of implementing the provisions of the Office of Justice, Liberty and Peace Act.

Significant Issues

The bill creates the Office of Justice, Liberty and Peace dedicated to peacemaking and the study of conditions conducive to peace. The Chief of Peace will be the administrative head of the office and shall be appointed by the Governor with the advice and consent of the Senate. The Chief shall employ professional and clerical assistance as deemed necessary and shall appoint four directors to head the following four commissions: Peace education and training, Peace activities, Technology for peace and Peaceful coexistence and nonviolent conflict resolution. The bill also calls for the creation of a Citizens Peace Advisory Council made up of 18 appointed members.

FISCAL IMPLICATIONS

The appropriation of $250.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall not revert to the general fund.

The department of finance and administration provided the following:

This bill provides an appropriation of $250.0 in FY05 from the general fund. Typically, this amount should fund salaries and benefits for two FTE with some upfront costs for start-up and operations. The proposed legislation requires that the Chief of Justice, Liberty and Peace appoint a director of peace education and training, director of peace activities, director of technology for peace, director of peaceful coexistence and nonviolent conflict resolution, and a general counsel. The appropriation is insufficient to accomplish this task. The proposed legislation also requires that a Citizens' Peace Advisory Council be created. It will be composed of five ex-officio and 18 appointed members. Council members will receive per diem and mileage and will receive no other compensation. The appropriation is insufficient to provide the reimbursement for travel for required meetings.

ADMINISTRATIVE IMPLICATIONS

The department of finance and administration provided the following:

The proposed Office of Justice, Liberty and Peace is to be administratively attached to the DFA. Since the appropriation is for $250.0, it is assumed that the DFA will have to take on the burden of providing administrative support. The Office of Justice, Liberty and Peace would require office space and assistance with implied costs in order for the office to function. DFA does not have the office space or the resources to provide the necessary administrative and operational support for this new office.

TECHNICAL ISSUES

The children, youth and families department provided the following:

Any analyses and development of new approaches to societal issues involving children and families may have a direct or indirect effect on CYFD programs and services. CYFD staff may be requested to participate in research or development efforts initiated by the Office of Justice, Liberty and Peace.

OTHER SUBSTANTIVE ISSUES

The bill provides a method of consolidating efforts to develop new approaches for dealing with societal issues including: spousal abuse, child abuse, mistreatment of the elderly, drug and alcohol abuse, crime, punishment, rehabilitation, violence against animals, gun-related violence, school and gang violence, racial or ethnic violence, violence against gays and lesbians, and disputes between the police and community members.

The department of finance and administration provided the following:

The Office of Justice, Liberty and Peace will develop new approaches for dealing with a variety of social issues. The proposed Office of Justice, Liberty and Peace will be required to make policy recommendations to the Attorney General regarding civil rights and labor law; assist in establishing community-based violence prevention programs, including violence prevention counseling and peer mediation in schools; provide for counseling for and advocate on behalf of women victimized by violence; provide for public education programs and counseling strategies concerning hate crimes; and promote racial and ethnic tolerance. It is questionable as to whether the

DFA is the appropriate department to attach the Office of Peace.

CJJ/dm:lg