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   Romero           DATE TYPED 01/25/99 HB           



SHORT TITLE Public School Police Officers SB 28     



                           ANALYST  Trujillo

APPROPRIATION



Estimated

Appropriation Contained   Additional Impact  Recurring Fund

FY99 FY2000 FY99 FY2000 or Non-Rec Affected



$  NFI $ NFI $ . $ .     



(Parenthesis ( ) Indicate Expenditure Decreases)



REVENUE



   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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