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

SPONSOR Griego

ORIGINAL DATE

LAST UPDATED

1-23-07

HB

SHORT TITLE Public Safety and Security Interim Committee

SB 272

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Public Safety (DPS)

New Mexico Corrections Department (NMCD)

Department of Military Affairs (DMA)

SUMMARY

Synopsis of Bill

Senate Bill 272 seeks to create an “Oversight Committee" which would function as a joint in-

terim legislative committee for the Department of Public Safety Homeland Security. The pro-

posed legislation would task the committee with monitoring and overseeing the operation and

administration of the programs, duties, services, personnel, policies and law enforcement and

investigative functions of the Department of Public Safety and Homeland Security; reviewing

issues related to the management, coordination and use of State resources and manpower in re-

sponding to New Mexico’s public safety needs and problems; and examining the statutes, consti-

tutional provisions, rules and court decisions governing the Department of Public Safety and

Homeland Security. The proposed legislation gives the committee authority to conduct hearings

and administer oaths, as well as the power to subpoena, which may be enforced through any dis-

trict court of the state.

This bill carries emergency language.

Senate Bill 272 – Page

2

SIGNIFICANT ISSUES

The Department of Public Safety (DPS) states the proposed legislation would, if enacted,

“significantly disable the DPS from functioning as a cabinet level agency. As drafted, the

proposed legislation would give the interim committee absolute authority to be run this Agency

of the executive department of government."

DPS additionally objects to the proposed legislation granting the power to subpoena to the com-

mittee. DPS states that “Because there are no limitations set forth in the bill, the interim

committee could acquire documents and material which should normally be shielded under the

doctrine of Executive Privilege. This would constitute an unconstitutional encroachment by the

legislative branch of government on the executive

BW/mt