NOTE: As provide 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.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to HB 2 and SB 2

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

Provisions of SB 421 are for one (1) Sergeant and four (4) Agents to comprise a New Mexico State Police Narcotics Task Force in Districts One and Seven in Northern New Mexico. The purpose is to regulate the presence of controlled substances in State Police Districts One and Seven. The appropriation costs are $600,000.00 and the money will go to the Department of Public Safety (DPS), Mexico State Police Division.

Significant Issues

Significant issues relate to the Controlled Substance Regulations being strictly enforced in the State Police Districts One and Seven.

The Criminal Juvenile Justice Coordinating Council (CJJCC) reports, the proposed task force may duplicate the efforts of existing law enforcement agencies. The budget for operational services appears to be excessive.

FISCAL IMPLICATIONS

SB 421 increases the budget of the DPS State Police Division by $600,000.00. DPS reports this appropriation will cover the costs of a one-year investigative team to work exclusively in State Police Districts One and Seven. This bill would increase the agencies operating costs in years to come, to include the additional five (5) positions in the Narcotics Section. There would be no additional federal matching funds associated with these positions.

DPS reports the following is the Fiscal Impact for this Task Force of one (1) Sergeant and four (4) Agents to operate in Districts One and Seven for a period of one (1) year.

$ 60,030.03 1. One Sergeant's base annual salary - $43,785.00 + $600.00 clothing allowance

+ FICA $634.88 + PERA $10,990.03 + Ins. Medical $3,013.40 + Dental

$461.24 + Vision $74.88 + Life Ins. $470.60

$175,196.72 2. Four Agent's base annual salary - $30,959.18 + $600.00 clothing

allowance + FICA $448.92 + PERA $7,770.96 + Ins. Medical $3,013.40 +

Dental $461.24 + Vision $74.88 + Life Ins. $470.60

$ 12,000.00 3. Apartment/office - $1,000.00 a month, includes: gas, electric, water,

sewer & garbage

$ 30,100.00 4. One Support Staff - $30,100.00 a year, Range 14, Secretary III

/Salary & Benefits

$ 23,131.50 5. Gas & Oil for five (5) vehicles / $12,025.00 Gas/ $10,822.50 Maintenance

$ 65,000.00 6. Per diem $65,000 - 65 X 200 days X 5 Agents

$ 44,000.00 7. Overtime $44,000.00 = $8,800.00 X 5 Top limit of Fed OT an Agent can receive

$ 10,800.00 8. Cell Phone $10,800.00 - Three (3) phones at $300.00 per month each

$ 1,200.00 9. Pager $1,200.00 per year - $20.00 a month X 5 X 12 months

$ 2,500.00 10. Office Supplies $2,500.00, paper, folders, ribbons, etc.

$ 3,000.00 11. Computer/Printer $3,000.00

$ 400.00 12. Fax Machine $400.00

$ 3,500.00 13. One (1) Lap top computer for all Agents $3,500.00

$ 2,650.00 14. Phone Lines - $250.00 installation fee + $200.00 X 12 months = $2,400.00

$ 80,000.00 15. Contingency $80,000.00

$ 100,000.00 16. Purchase of Five (5) vehicles

$ 43,100.00 16. Purchase of Five (5) Motorola Astro two-way radio systems

$ 656,608.25

ADMINISTRATIVE IMPLICATIONS

SB 421 will be for one-fiscal year and the administrative impact would be to absorb the costs of the five (5) FTE positions. After the first year, this cost would be absorbed into the Narcotics Section's budget.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

The proposed House Appropriation and Finance Committee substitute for House Bill 2 of the 1999 regular legislative session includes $2,230.3 for an additional forty state police officers.

TECHNICAL ISSUES

DPS suggests the wording, "Northern New Mexico Narcotics District Force" should be changed to "Northern New Mexico Narcotics District Task Force." This wording is located in the first paragraph under An Act, Section 1.A., Section 1.B., and Section 2.

OTHER SUBSTANTIVE ISSUES

CJJCC suggests a new section to read:

"At the end of fiscal year 2000, the department of public safety shall provide a report to the legislature including a record of how the appropriation was used and a detailed assessment of whether or not the task force has been successful in reducing narcotics trafficking and possession in northern New Mexico."

SB 421 will allow the New Mexico State Police Narcotics Section the immediate flexibility to assign agents on a full-time basis to work these two (2) State Police Districts One and Seven. At the present time, there is one (1) Sergeant and five (5) Agents that are assigned to all Northern New Mexico to regulate and control the abuse of controlled substances. The area of responsibility currently for those five (5) Agents are Santa Fe, Espanola, Farmington, Gallup, Las Vegas, and Raton.

CJJCC reports task forces devote their full-time activity to a specific area of law enforcement, and in this case the proposal is to create a special narcotics task force within the state police, based in Santa Fe and Espanola. However, in creating such a task force, it would have to be shown that existing state police personnel, together with county sheriff's and local police departments do not have the resources - or are not pooling and coordinating their resources - to deal with drug problems in police districts 1 and 7. There is some danger that the new personnel might duplicate police work already going on.

Also, even assuming a salary with benefits of $50,000 per officer per year, the five FTE's would only account for $250,000, leaving $350,000 of the appropriation for operational costs. The latter amount seems excessive and should probably be reduced.

LAT/gm