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

SPONSOR Carraro

ORIGINAL DATE

LAST UPDATED

1/30/08

HB

SHORT TITLE National Guard Closure of Southern NM Border

SM 32

ANALYST Peery-Galon

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

$0.1 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates Senate Memorial 7.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Homeland Security and Emergency Management Department (HSEMD)

New Mexico Corrections Department (NMCD)

Department of Health (DOH)

Department of Military Affairs (DMA)

Department of Public Safety (DPS)

SUMMARY

Synopsis of Bill

Senate Memorial 32 requests the governor call out the New Mexico National Guard to close and

patrol the border between New Mexico and the Republic of Mexico in order to protect the

citizens of New Mexico and the United States from the scourge of methamphetamine.

FISCAL IMPLICATIONS

HSEMD states it is indeterminate what the fiscal impact will be on the department.

NMCD states assuming that the flow of illegal drugs into New Mexico will dissipate as a result

of the proposed legislation, it could lead to a reduction in drug-related crimes. This reduction in

drug-related crimes and convictions could lead to a decrease in the department’s prison

population and probation/parole caseloads.

Senate Memorial 32 – Page

2

Based on FY06 actual expenditures, the average annual cost to incarcerate an individual in a

NMCD correctional facility is $31,239, and the average annual cost of probation and

parole/community corrections client is $1,343.

DPS states that the should the proposed legislation become law, the likelihood of the National

Guard finding people committing criminal violations is very high. DPS notes the National

Guard does not have authority to enforce criminal statutes, so the State Police would most likely

be called to provide assistance with enforcement. DPS also notes the National Guard already

performs regular missions on the border.

SIGNIFICANT ISSUES

DOH stats methamphetamine, which can be smoked, inhaled, eaten or injected, directly affects

the central nervous system with short-term side effects of decreased depression, increased

anxiety, insomnia, mood swings, feelings of paranoia, and violent behavior. Long-term

sustained use can cause permanent kidney complications, brain and liver damage, lung disorders,

blood clots and even death. DOH states the number of hospitalizations related to

methamphetamine use in New Mexico has been rapidly increasing since 1988, with a total of 750

cases in 2003. Between 2005 and 2006, a total of 66 deaths in the state were attributed to

unintentional overdose of methamphetamine.

DOH reports the Office of the Governor, Drug Czar, provides the following summary of the

burden of methamphetamine in New Mexico: 694 children exposed to methamphetamine were

placed in protective custody between 2004 and April of 2006; 657 methamphetamine-related

arrests in 2005; and 239 methamphetamine labs seized between 2004 and April of 2006. DOH

notes the number of labs in the state is in decline. However, labs established in Mexico are

producing large quantities of methamphetamine of high purity and are supplying users in New

Mexico, as well as transporting the drug to markets throughout the United States.

DOH notes the High Intensity Drug Trafficking Area Working Group reports that New Mexico

is an important drug transfer route from Mexico. The open border areas between El Paso, Santa

Teresa and Columbus ports of entry, including the backcountry of the “boot heel" area, and

access to major road networks makes this are the most vulnerable for law enforcement. DOH

states the Columbus port of entry is also highly vulnerable due to the fact that 3,500 people cross

the border into New Mexico each day in a variety of vehicles, and because of the instability of

law enforcement in Palomas, Mexico.

DOH states an actual “closure" of the border would have important economic, social and cultural

impacts within New Mexico. The flow of legal commerce between the two counties, much of it

relating to the movement of agricultural, industrial and consumer goods into and out of Mexico,

would be interrupted with serious economic and financial consequences for certain businesses

and producers in New Mexico. DOH notes many New Mexico residents have extended family

ties with relatives in Mexico, and some 400 students living in and around Palomas and

Chihuahua, Mexico attend school each day in Luna County, any closure of the border would

have immediate and harsh social implications.

NMCD notes the department is not advocating for the closure of the Mexico-New Mexico

border. The department is merely stating that any decrease in the availability of illegal drugs

may lead to less crime, and thus to fewer convictions.

Senate Memorial 32 – Page

3

DMA states Senate Memorial 32 is an expression of concern regarding narcotic trafficking and

its impact on New Mexico. DMA reports a determination to “close the border"; however, would

be unconstitutional, as those powers are reserved to the United States in the Supremacy Clause.

DMA states the memorial would be in conflict with federal constitutional authority, applicable to

the Congress and President.

DMA reports the National Guard is currently deployed in support of Operation Jumpstart on the

New Mexico border, to interdict illegal immigration. In addition, the New Mexico National

Guard is already performing a CounterDrug Support Program on the Mexico border pursuant to

Title 32 of the United States Code in concert with the U.S. Border Patrol.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Memorial 32 is a duplication of Senate Memorial 7.

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