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

SPONSOR Cisneros

DATE TYPED 2/18/05

HB

SHORT TITLE County Sheriff Appointment of Deputies

SB 941

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Public Safety (DPS)

Department of Indian Affairs (DIA)

No Responses

Attorney General’s Office (AGO)

Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 941 amends Section 29-1-11 NMSA 1978 to clarify the statute does not limit the

powers of the county sheriff to appoint deputy sheriff’s pursuant to Section 4-41-5 NMSA 1978.

The proposed legislation gives authority to the chief of New Mexico State Police to issue com-

missions as peace officers to members of tribal law enforcement offices of any New Mexico In-

dian nation, tribe or pueblo, or law enforcement officers employed by the federal Bureau of In-

dian Affairs.

PERFORMANCE IMPLICATIONS

DIA states for proper law enforcement to occur on tribal lands in New Mexico, it is vital that

tribal law enforcement officers are able to assist in the enforcement of not only tribal laws, but

the enforcement of state laws.

Senate Bill 941 -- Page 2

OTHER SUBSTANTIVE ISSUES

DIA reports under Section 4-41-5 NMSA 1978 all county sheriffs have similar authority to ap-

point deputy sheriffs, which could potentially include members of tribal law enforcement offi-

cers or Bureau of Indian Affairs officers. DIA states the proposed legislation provides clarifica-

tion that the authority of the chief of state police to commission tribal officers as peace officers

doe not limit or nullify the ability of county sheriffs to appoint deputy sheriffs. DIA states the

ability of both the chief of state police and county sheriffs to make such commission and ap-

pointments of tribal and Bureau of Indian Affairs officers would be beneficial to tribal communi-

ties and New Mexico citizens.

DPS reports Chapter 4 Article 41 NMSA 1978 provides authority to sheriffs in appointment of

deputies. The statute states “the sheriffs in all the counties of this state shall have power to ap-

point deputies, who shall remain in office at the pleasure of such sheriffs; except that in counties

which have established a merit system by ordinance, the provisions of the ordinance shall control

the demotion and discharge of deputies and other employees of the sheriff’s office, except for

one under-sheriff and an executive secretary, both of whom shall hold exempt positions.” DPS

states statute already provides sheriffs the authority given in the proposed legislation. DPS re-

ports the proposed legislation may cause confusion on the authorization authority.

RLP/lg