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 |
SJC |
DATE TYPED |
2/17/2004 |
HB |
|
||
|
SHORT
TITLE |
Fees for Criminal Background Checks |
SB |
562/SJCS |
||||
|
|
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 |
|||
|
|
$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.
SUMMARY
Synopsis of Bill
The Senate Judiciary Committee Substitute for Senate
Bill 562 would increase the DPS fee for criminal background checks $53.00/background check. Additionally, the
bill would allow the department to use a portion of this funding, without
seeking legislative appropriation, to defray the administrative costs of
maintaining and updating law enforcement records.
Under the provisions of this bill, DPS is
required to make an annual report to the Legislative Finance Committee at its
October budget hearing on the status of maintaining and updating the law
enforcement records and the need to continue the administrative fee. The bill carries
an emergency clause.
Significant Issues
The bill 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
The bill proposes a 55.9 percent increase in the
current fee for background checks. Given the number of background checks
performed, the fee increase could generate $1.7 million. 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 general fund
7.00 7.00
Goes to DPS 0.0 19.00
Goes to Contractor[2]
3.00 3.00
$ 34.00 $ 53.00
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
The legislation provides for an annual report to
the LFC. Under performance-based budgeting, the LFC has urged state agencies to
provide quarterly reporting of performance so that the Legislature could devise
budget, policy and performance strategies, with the department, to address this
problem. Currently, DPS does not provide performance measures, targets or
reporting to the Legislature on this problem.
RELATIONSHIP
The bill is similar to House Bill 510. The LFC
objects to legislation that provides direct and continuing appropriations to an
agency, as this type of language would erode the constitutional authority of
the legislature to appropriate state funding.
MFV/lg:dm