HOUSE BILL 628

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Daymon Ely

 

 

 

 

 

AN ACT

RELATING TO PUBLIC SAFETY; DEFINING "NATIONAL CRIMINAL HISTORY RECORD CHECK"; CREATING A FUND; MAKING AN APPROPRIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] ALLOWING PARTICIPATION IN FEDERAL BUREAU OF INVESTIGATION PROGRAM--REQUIRING AUTHORIZATION--REQUIRING RULEMAKING.--

          A. Agencies authorized by statute to conduct national criminal history record checks for individuals may participate in the federal bureau of investigation program that provides ongoing review and continuous evaluation of the criminal history of individuals. The department of public safety shall serve as an intermediary between the federal bureau of investigation and authorized state agencies by collecting requests from state agencies and providing them to the federal bureau of investigation. The department of public safety shall submit fingerprints to the federal bureau of investigation's system of ongoing review and continuous evaluation of the criminal history of individuals for the purpose of future searches of the system.

          B. Authorized agencies participating in the federal bureau of investigation program shall pay the actual cost of subscription fees to the department of public safety. Pursuant to Section 2 of this act, the department of public safety shall pay subscription fees charged by the federal bureau of investigation.

          C. The department of public safety shall promulgate rules pursuant to this section.

          D. For purposes of this section, "national criminal history record check" means a check of criminal history records entailing the fingerprinting of the individual and submission of the fingerprints to the federal bureau of investigation for the purpose of obtaining the national criminal history record of the person from the federal bureau of investigation.

     SECTION 2. [NEW MATERIAL] FEDERAL BUREAU OF INVESTIGATION SUBSCRIPTION FUND--FUND CREATED.--The "federal bureau of investigation subscription fund" is created in the state treasury. The fund consists of money appropriated by the legislature to the fund and fees collected pursuant to Section 1 of this act. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department of public safety shall administer the fund, and money in the fund is appropriated to the department of public safety to pay subscription fees charged by the federal bureau of investigation to agencies pursuant to Section 1 of this act. Money in the fund shall be disbursed on warrant signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety.

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