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.



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





SPONSOR: Stockard DATE TYPED: 03/06/99 HB
SHORT TITLE: Mounted Patrol Criminal History Screening SB 92/aSJC
ANALYST: Trujillo


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
 Recurring

or Non-Rec

 Fund

Affected

FY99 FY2000 FY99 FY2000
NFI

(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



LFC files



SUMMARY



Synopsis of SJC Amendment



The Senate Judiciary Committee amendment inserts "or a local law enforcement agency" on page 2, line 8 after Department of Public Safety.



Synopsis of Bill



Senate Bill 92 requires criminal history screening for applicants for the New Mexico Mounted Patrol. The purpose of the bill is to screen applicants to the mounted patrol. There is no appropriation.



Significant Issues



Senate Bill 92 identifies persons applying for the mounted patrol that may have felony and misdemeanor charges and convictions involving moral turpitude.



FISCAL IMPLICATIONS



The Department of Public Safety (DPS) reports there should be no fiscal impacts to the department.





ADMINISTRATIVE IMPLICATIONS



DPS reports there should be no administrative impacts to the department.



CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP



DPS reports there is companionship with current Chapter 29, Article 6, NMSA, involving the New Mexico Mounted Patrol.



TECHNICAL ISSUES



DPS reports in order to meet the requirements of Public Law 92-544 and achieve FBI approval of the legislation, the bill must expressly or by implication, authorize use of FBI records for screening of the applicant. The bill must also identify a designated governmental agency for the processing and handling of clearances for criminal history background checks. Procedures should identify the requirement to process the applicant fingerprint cards through the DPS Records Bureau.



The bill identifies the fee charged for conducting the nationwide background check; but does not address the fee charged by the state.



OTHER SUBSTANTIVE ISSUES



DPS reports the need for Mounted Patrolmen without criminal histories to limit liability. Also, persons may be placed in sensitive positions that have criminal information that may be detrimental to that position.



LAT/sb:gm