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

SPONSOR Kernan

DATE TYPED 01/25/05 HB

SHORT TITLE NM Law Enforcement Training Academy Duties

SB 137

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See narrative

See narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Energy, Minerals, and Natural Resources Department (EMNRD)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Bill 137 requires the New Mexico law enforcement academy board to approve certified

regional law enforcement training facilities and permit any law enforcement agency in the state

to send its students to those facilities.

Significant Issues

The New Mexico law enforcement training academy was established to provide a planned pro-

gram of basic law enforcement training and in-service law enforcement training for police offi-

cers, and to provide ongoing instruction and seminars to law enforcement within the state. It

serves students from a variety of local, state and federal law enforcement agencies.

According to the academy, law enforcement officers from state agencies (with the exception of

the state police) must attend the academy, which is located in Santa Fe. By contrast, local law

enforcement agencies may choose to send their officers to the academy or to regional training

facilities. This bill would allow all state agencies to choose between sending their officers to the

academy or to regional facilities.

Senate Bill 137 -- Page 2

The state police operates its own training facility; its officers do not attend the academy. How-

ever, other state agencies employ law enforcement personnel, such as the Department of Game

and Fish and the State Parks Division within EMNRD. These personnel must be trained at the

academy.

The academy is required to generate revenue, which it does by charging fees for its various train-

ing courses.

The Basic Training Program is a 20 week program located in Santa Fe. Students must attend 5

days per week. The costs of the academy vary depending on the agency and on the specific

training that is necessary. The academy offers other training programs as well. State agencies

pay the fees to send their students to the academy. They may also have to pay travel costs re-

lated to the training.

FISCAL IMPLICATIONS

DPS indicates this bill would result in a loss of revenue to the New Mexico law enforcement

academy because of the loss of students. DPS estimates this loss at $79 thousand annually, the

amount of fee revenue generated by students from state agencies. However, this assumes that all

state agencies would elect to send all of their officers to one of the regional facilities instead of

the academy. DPS raises concerns that this loss of revenue would force the academy to reduce

the services it offers, which are currently available to all law enforcement agencies as well as

civilians. In addition, if more regional training facilities develop as a result of this bill, more lo-

cal agencies may be inclined to send their officers to regional facilities instead of the academy.

Because of these various unknowns, total revenue loss to the academy is difficult to predict.

While the bill may result in revenue losses to the academy, it may also result in cost savings to

agencies that employ law enforcement personnel. For example, EMNRD indicates that the re-

quired training represents a major human resources and financial investment by the State Parks

Division, which has 90 staff positions with a law enforcement requirement (or approximately

one-third of its full-time staff). EMNRD also notes that the extensive travel required by some of

its personnel to attend the 20 week program is a significant personal burden.

The availability of additional training facilities in various locations may help certain state agen-

cies avoid some training and travel costs. Local law enforcement agencies may also realize these

cost benefits.

Because it is unclear how many new training facilities would be established and available to state

agencies, the total fiscal impact to the state is indeterminate.

ADMINISTRATIVE IMPLICATIONS

The New Mexico law enforcement academy board would have to develop a process for certify-

ing regional training facilities.

OTHER SUBSTANTIVE ISSUES

DPS notes that the board already has the authority to waive its requirements and allow state

agencies to send officers to regional facilities.

Senate Bill 137 -- Page 3

ALTERNATIVES

DPS suggests the alternative that the academy be directly funded for its full operating costs

rather than being required to raise its revenue from its students. DPS argues this would lead to

improved service to all law enforcement services.

POSSIBLE QUESTIONS

Would the loss of state students require the New Mexico law enforcement academy to reduce its

services to other agencies. Could smaller law enforcement agencies be adversely affected by

this loss in services.

Would the ability to send students to regional academies result in cost savings to those state

agencies.

EF/lg:yr