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 a vailable 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 Foley
ORIGINAL DATE
LAST UPDATED
2/7/06
HB 854
SHORT TITLE National Guard Patrolling Southern Border
SB
ANALYST Peery
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
$30,000.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to SB 747, National Guard Patrolling NM Border
SOURCES OF INFORMATION
LFC Files
Responses Received From
Department of Public Safety (DPS)
Department of Military Affairs (DMA)
No Responses Received From
Governor’s Office/Homeland Security (GHS)
NM Association of Counties (NMAC)
SUMMARY
Synopsis of Bill
House Bill 854 appropriates $30,000.0 from the general fund to the Department of Military Af-
fairs for the purpose to support National Guard patrol and protection of New Mexico’s southern
border through an operation called “Operation Protecting New Mexico’s Borders”.
FISCAL IMPLICATIONS
The appropriation of $30,000.0 contained in this bill is a recurring expense to the general fund.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert
to the general fund.
pg_0002
House Bill 854 – Page
2
SIGNIFICANT ISSUES
DPS reports the department currently has officers deployed along the United States and Mexico
border participating in “Operation Safe Border”. DPS states its presence would not perish as
members of the National Guard are specifically prohibited from engaging in police activities by
federal law in the Posse Comatatis Act.
DMA states the National Guard will respond to missions when tasked.
ADMINISTRATIVE IMPLICATIONS
DMA reports additional staffing would be required to support a program of this magnitude.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
The proposed legislation is a duplication of Senate Bill 747.
RLP/mt