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

SPONSOR Swisstack

ORIGINAL DATE

LAST UPDATED

1/26/07

HB 399

SHORT TITLE Fee for Certain Background Checks

SB

ANALYST Peery-Galon

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

$965.6

$1,560.0

$2,216.0 Recurring Criminal

History Fund

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

Responses Received From

Department of Public Safety (DPS)

State Treasurer

No Responses Received From

Municipal League

Association of Counties

SUMMARY

Synopsis of Bill

House Bill 399 creates a new section of the Arrest Record Information Act to include a criminal

history fee. The proposed legislation states the Department of Public Safety may charge an

administrative fee of up to $40.00 to process criminal history background checks based on

fingerprint-supported arrest record information maintained by the department and to provide

access to the state’s criminal history database.

House Bill 399 also creates a Criminal History Fund in the State Treasury. Money received by

the Department of Public Safety pursuant to the Arrest Record Information Act will be deposited

into the fund. The fund is to be administered by the Department of Public Safety and money in

the fund is to be appropriated to the department for administration of the Arrest Record

Information Act. Expenditures from the fund will be made by warrant of the secretary of the

Department of Finance and Administration upon vouchers sighed by the secretary of the

Department of Public Safety or the secretary’s authorized representative. Remaining balances at

the end of the fiscal year in the Criminal History Fund will not revert.

House Bill 399 – Page

2

FISCAL IMPLICATIONS

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.

DPS states the proposed legislation will provide approximately $1,560,000 to fund operation and

personnel for the Law Enforcement Records Bureau.

SIGNIFICANT ISSUES

DPS states the Law Enforcement Records Bureau at present is facing an estimated 10,470

unfunded labor hours and 59,000 unfunded labor hours for existing backlog. DPS states some of

the risks involved in failing to have adequate funding and staffing can be summarized in the

context of public safety concerns. An example given is if a criminal arrest record is not entered

into the Criminal Justice Information System, the information may not be accessed by law

enforcement agencies or the judicial system. The failure can result in a repeat offender being

adjudicated as a first time offender, an offender being cleared for work, or a law enforcement

officer being unaware of a warrant or dangerous situation when performing a routine traffic stop.

DPS also reports that failure to maintain accurate and timely records may subject the department

to federal sanctions and oversight.

PERFORMANCE IMPLICATIONS

DPS reports the proposed legislation will allow the Law Enforcement Records Bureau to operate

on a 24/7 schedule which is required by the Federal Bureau of Investigation and the National

Crime Information Center regulations. The proposed legislation would also provide up-to-date,

timely and accurate information available to auditors for the law enforcement agencies for

Uniform Crime Reporting Program, Sex Offender Registration Program, Interstate Identification

Index Program, National Crime Information Center Program and Missing Person’s Clearing

House Program.

OTHER SUBSTANTIVE ISSUES

DPS reports the Law Enforcement Records Bureau has not had a budget increase or staff

increase authorized since 1987. In that time period the Law Enforcement Records Bureau has

received the following 10 unfunded mandates for the provision of services:

•

NM Missing Person’s Information Clearinghouse,

•

Sex Offender Registration Program,

•

Interstate Identification Index,

•

National Instant Criminal Background Checks,

•

National Crime Information Center Control Terminal Agency,

•

National Crime Information Center Interstate Identification Index and Quality Assurance,

•

Uniform Crime Reporting,

•

State Tracking Number Program,

•

National Incident Based Reporting System, and

•

Conceal Carry Weapons Background Checks.

House Bill 399 – Page

3

ALTERNATIVES

DPS states the alternative the proposed legislation is to fund the entire operation of the Law

Enforcement Records Bureau through the general fund, or for the Law Enforcement Records

Bureau to remain in violation of regulations and not operate on a 24/7 schedule.

RPG/csd