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(Parenthesis ( ) Indicate Revenue Decreases)

SUMMARY

Synopsis of Bill

HB 368 amends the NMSA 1978, Sections 29-7-12, in order to no longer allow the Department of Public Safety (DPS) Training & Recruiting Division to charge any of the costs of basic law

enforcement training to post secondary educational institutions.

Significant Issues

According to DPS, current law allows DPS Training to waive the charges for "local public bodies" (i.e.; municipal and county law enforcement agencies) and tribal police agencies to attend the basic law enforcement academy. The DPS Training & Recruiting Division currently charges state law enforcement agencies the costs of food and lodging for their employees.

Also, by legislative mandate, the DPS Training & Recruiting Division must generate revenue to support its training programs. Almost half of the revenue generated is from charges to state agencies for the costs of basic training. Passage of this bill in the present form would have an adverse effect on the ability of the Division to generate the required revenue.

DPS reports, passage of this bill would create an inequity among state-funded law enforcement agencies.

FISCAL IMPLICATIONS

According to DPS, based upon the number of university police officers that have attended the basic law enforcement academy over the past few years, we can reasonably expect to lose $15,360.00 a year in decreased revenue.

Unless the revenue requirement was commensurately reduced, and the general fund budget increased by a like amount, this HB 368 would effectively reduce the DPS budget.

DPS reports, there would presumably be a recurring revenue reduction to DPS as the agencies involved will have staff turnover, and others will be required to attend the Academy.

Based upon actual attendance for the past two fiscal years, approximately 6 university police officers attend the basic law enforcement academy every year. Room and board for the officers is $40.00 a day, amounting to $2,560.00 each under the current fee schedule approved by the Law Enforcement Academy Board.

DPS reports, it is not known whether passage of the proposed legislation will affect any local or federal matching funds or appropriations. However, presumably the university police departments include this expense in their yearly budget request to the Governor and the Legislature. If this will no longer be a cost item, their budgets should be able to be reduced by the like amount.

ADMINISTRATIVE IMPLICATIONS

According to DPS, the Legislature sets a yearly revenue amount we must generate. This money is approximately 1\5 of the appropriated yearly Division budget.

DPS reports, if the bill passed in its present form, Division revenues would be reduced. If the Division cannot meet the yearly revenue projections, the shortfall must be made up by canceling advanced training classes.

OTHER SUBSTANTIVE ISSUES

The Attorney General reports, the bill, as written, provides that all costs associated with basic law enforcement training in post-secondary institutions will be borne by the New Mexico law enforcement Academy. The bill does not specify that the schools must be state or state-supported institutions.

LAT/prr