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

SPONSOR Foley

ORIGINAL DATE

LAST UPDATED

2/3/06

HB 855

SHORT TITLE Local Enforcement Of Federal Immigration Law

SB

ANALYST Peery

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$2,000.0

Recurring

General Fund

$6,000.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

FY08

$6,000.0

Recurring Federal Immigration Law

Enforcement Grant Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

Administrative Office of the Courts (AOC)

No Responses Received From

Attorney General’s Office (AGO)

Governor’s Office/Homeland Security (GHS)

Department of Public Safety (DPS)

NM Municipal League (NMML)

NM Association of Counties (NMAC)

House Bill 855 – Page

2

SUMMARY

Synopsis of Bill

House Bill 855 appropriates $2,000.0 from the general fund to the Department of Public Safety

for the purpose of equipment, personnel or resources for use in detecting or apprehending per-

sons of foreign citizenship who have entered or are residing in the United States in violation of

federal immigration laws in Title 8 of the United States Code; and $6,000.0 from the general

fund to the “Federal Immigration Law Enforcement Grant Fund” for the purpose of making

grants to counties and municipalities for equipment, personnel or resources for use in detecting

or apprehending persons of foreign citizenship who have entered or are residing in the United

States in violation of federal immigration laws in Title 8 of the United States Code. The pro-

posed legislation adds a new section to Chapter 29, Article 1 NMSA 1978 requiring law en-

forcement agencies of the state and their political subdivisions to employ all lawful means, in-

cluding use of state or federal funds, equipment, personnel or resources, to detect or apprehend

persons of foreign citizenship who have entered or are residing in the United States in violation o

the federal immigration laws in Title 8 of the United States Codes. The proposed legislation also

creates the “Federal Immigration Law Enforcement Grant Fund” in the State Treasury. The De-

partment of Public Safety is to administer the fund and make grants to counties and municipali-

ties.

FISCAL IMPLICATIONS

The appropriation of $2,000.0 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert

to the general fund.

The appropriation of $6,000.0 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert

to the general fund.

This bill creates a new fund and provides for continuing appropriations. The LFC has concerns

with including continuing appropriation language in the statutory provisions for newly created

funds, as earmarking reduces the ability of the legislature to establish spending priorities.

ADMINISTRATIVE IMPLICATIONS

The Department of Public Safety would need to expand personnel in administrative support in

order to administer the “Federal Immigration Law Enforcement Grant Fund” and award grants to

the counties and municipalities. Also, the Department of Public Safety would need to increase

the number of State Police officers. The State Police division is currently 71 officers short of its

allotted strength. Currently, it would be difficult for the State Police division to implement the

proposed legislation due to recruitment and retention issues.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The proposed legislation is a duplicate of Senate Bill 745.

RLP/mt