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

SPONSOR Kernan

ORIGINAL DATE

LAST UPDATED

1/28/07

3/12/07

HB

SHORT TITLE Convicted Criminal Barriers To Employment

SB SJM 4/aSJC/aHJC

ANALYST Lucero

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HJM 2

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Department of Labor (NMDOL)

Regulation and Licensing Department (RLD)

State Personnel Board (SPO)

SUMMARY

Synopsis of HJC Amendment

House Judiciary Committee amendment to Senate Joint Memorial 4, as amended, removes all the

amendments adopted by the Senate Judiciary Committee which returns the bill to its original

state.

Synopsis of SJC Amendment

Senate Judiciary Committee amendment to Senate Joint Memorial 4 adds language requiring the

Secretary of Labor to consult with the Secretary of Corrections and requires the Secretary of

Corrections or the Secretary’s designee to be a member of the task force.

Synopsis of Original Bill

Senate Joint Memorial 4 requests that the Secretary of Labor convene a task force to review the

Senate Joint Memorial 4/aSJC/aHJC – Page

2

Criminal Offenders Employment Act to identify barriers to public employment for persons with

criminal convictions and to make recommendations that could remove barriers while protecting

the public.

The taskforce is required to identify barriers to employment or licensure for convictions and the

rationale and necessity for such barriers. Findings from the taskforce are due to the Interim

Legislative Committee by November 1, 2007. The taskforce will operate under the direction of

the Secretary of Labor or his designee, and will include the Superintendent of Regulation and

Licensing or his designee, the director of state personnel, and representatives from the following:

the New Mexico Women’s Justice Project; the New Mexico Association of Commerce and

Industry; the Federation of Labor, the Criminal Defense Lawyers Association; the District

Attorney’s Association; and any other entity deemed necessary by the Secretary of Labor.

FISCAL IMPLICATIONS

Minimal staff costs for attending taskforce meetings.

SIGNIFICANT ISSUES

Currently, the Department of Health, Public Education Department, and Children, Youth and

Families Department have administered statutorily mandated and regulatory implemented

criminal history screening programs. A task force convened by the Secretary of Labor can

potentially directly affect long-established statutory and regulatory programs, which were

enacted and promulgated through public hearing participation to establish the basis of criminal

conviction criteria while balancing the right to employment with the health and safety of the

public served.

The task force may eventually make recommendations that have significant impact on the State

Personnel Office and other state agencies.

PERFORMANCE IMPLICATIONS

None identified.

ADMINISTRATIVE IMPLICATIONS

Staff time spent on the task force would be minimal.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Duplicates HJM 2

TECHNICAL ISSUES

The memorial may be strengthened by including various departmental agencies in the task force

that are mandated by statute or regulation to serve and protect specific segments of the public

and do so by using criminal screening programs.

Senate Joint Memorial 4/aSJC/aHJC – Page

3

OTHER SUBSTANTIVE ISSUES

Caregivers Criminal History Screening Act, §29-17-2 through 29-17-5, NMSA 1978, and

implementing rule, 7.1.9 NMAC

ALTERNATIVES

Already rehabilitated criminals are provided a broad range of protection in state employment and

licensing by the Criminal Offender Employment Act, §28-2-1 N.M.S.A. et. seq. Courts might

use the existing laws to provide greater protection.

DL/nt:csd