NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
SPONSOR Romero DATE TYPED 01/25/99 HB
SHORT TITLE Public School Police Officers SB 28
ANALYST Trujillo
Estimated
Appropriation Contained Additional Impact Recurring Fund
FY99 FY2000 FY99 FY2000 or Non-Rec Affected
$ NFI $ NFI $ . $ .
(Parenthesis ( ) Indicate Expenditure Decreases)
Estimated Revenue Subsequent Recurring Fund
FY99 FY2000 Years Impact or Non-Rec Affected
$ NFI $ NFI $ .
(Parenthesis ( ) Indicate Revenue Decreases)
Duplicates/Conflicts with/Companion to/Relates to None
SOURCES OF INFORMATION
Department of Public Safety (DPS)
SUMMARY
Synopsis of Bill
The proposed legislation would allow a local school board in a school district with an enrollment in excess of 35,000 students to employ and assign duties to police officers in the same manner which the Board of Regents of a state educational institution designated under the New Mexico Constitution currently employ university police officers. The bill carries no appropriation with it. This bill would only apply to the Albuquerque Public Schools (APS), as they are the only district with that size of student population, according to the Department of Education.
Significant Issues
DPS reports that APS already employs commissioned Police Officers. Also, they understand APS arrest authority comes through the Albuquerque Police and/or the Bernalillo County Sheriff presently and this would serve to have the APS School Board as the commissioning authority.
FISCAL IMPLICATIONS
DPS has indicated that APS already sends their police officer candidates to DPS academies and already considers them a local government law enforcement agency for tuition waiver purposes. Also, DPS has indicated that it won't have an effect on their revenue in order to comply with the training and certification requirements set forth in Chapter 29, Article 7 NMSA 1978.
ADMINISTRATIVE IMPLICATIONS
None anticipated. No changes in FTE required.
DUPLICATION, CONFLICT, COMPANIONSHIP, OR RELATIONSHIP
Unknown.
TECHNICAL ISSUES
DPS reports that there are no technical issues in which they are aware of.
OTHER SUBSTANTIVE ISSUES
DPS reports that the agency understands this bill may be of assistance to all three parties involved (the
APS schools, the Albuquerque Police Department, and the Bernalillo County Sheriff's Office) in
clearing up a legal liability problem.
Currently, the two "commissioning" agencies are becoming more reticent to carrying the APS officers
"on their books", and then being responsible for their training and certification requirements, and,
possibly, their actions.
DPS indicates this bill places the liability requirements and the responsibility for maintaining the
training and certification requirements squarely with the school district.
ALTERNATIVES
DPS has indicated that another alternative may be to not limit the bill to school districts exceeding 35,000 student population. There are other smaller districts that may also wish to employ police officers. DPS has indicated that they are aware of at least one other district (Rio Rancho), but there may be more.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL?
DPS has indicated that there is a possibility that APD and BCSO will no longer commission APS officers. APS officers would no longer be able to carry firearms, effect some types of arrests, etc. Student safety would be reduced.
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