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.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Senate Finance Committee recommendation for SB 2 and House Appropriation and Finance Committee recommendation for HB 2

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

SB 387 provides that certain municipalities may contract with the New Mexico State Police for municipal law enforcement services.

Significant Issues

SB 387 allows municipalities with a population of not less than one thousand and not more than five thousand to contract with the New Mexico State Police for law enforcement services. Also, the contract shall specify;

1. the duties to be performed by the New Mexico State Police;

2. the time schedule of coverage by the New Mexico State Police;

3. if a municipality elects to contract with the New Mexico State Police for the provision of all law enforcement services, the New Mexico State Police shall also furnish necessary supervision, administrative support and operational support to the state police officers who provide the municipal law enforcement services;

4. the term of the contract and provisions for cancellation of the contract;

5. the provision of municipal law enforcement services is contingent on legislative appropriations that are sufficient for the New Mexico State Police to provide municipal law enforcement services.

SB 387 allows the contract to be approved by the municipality and the chief of the New Mexico State Police. Also, allows payments for services to the New Mexico State Police on a quarterly basis and the payments shall be deposited into the general fund. SB 387 states, "the contractual amount shall not exceed fifty percent of the cost of salaries paid to the state police officers who provide the municipal law enforcement services."

SB 387 restricts the number of state police officers assigned to a municipality to provide services to two state police officers.

The effective date of the provisions is July 1, 1999.

FISCAL IMPLICATIONS

The fiscal implications for enacting this legislation are indeterminate at this point. The municipalities and chief of the New Mexico State Police who may utilize this legislation would presumably enter into an agreement which would provide funding to cover half the cost for an individual officer.

ADMINISTRATIVE IMPLICATIONS

SB 387 would increase the administrative duties of the Department of Public Safety (DPS). Although SB 387 specifies the administrative support and operational support would be provided by the New Mexico State Police. However, New Mexico State Police receives administrative support and operational support through other divisions within DPS.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Relates to Senate Finance Committee recommendation for SB 2 and House Appropriation and Finance Committee recommendation for HB 2.

OTHER SUBSTANTIVE ISSUES

Law's 1998, Chapter 4 appropriates $8.6 million from the general fund to the DPS for the purpose of recruiting, employing, training and equipping additional state police officers. Of the $8.6 million, $2.8 million is for the purpose of recruiting, employing, training and equipping fifty additional state police officers and $5.8 million is for the purpose of equipping forty additional state police officers during fiscal years 2000 through 2002.

The department has indicated that the projected funding provided by this legislation addresses many needs within the state police. DPS requested $2.3 million to fund the projected salaries for the 40 additional state police officers in FY2000. The LFC has recommended funding for this purpose at $2,230.3. Both the Senate Finance Committee and the House Appropriations and Finance Committee have included this in their recommendations for SB 2 and HB 2.

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