Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Brown
LAST UPDATED
ORIGINAL DATE 02/27/2025
SHORT TITLE School Security Personnel
BILL
NUMBER House Bill 473
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
DPS
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Related to House Bill 485, Senate Bill 136, and Senate Bill 256.
Sources of Information
LFC Files
Agency Analysis Received From
Regional Education Cooperatives (RECA) Regulation and Licensing Department (RLD)
Department of Public Safety (DPS)
Department of Homeland Security and Emergency Management (DHSEM)
Public School Insurance Authority (PSIA)
Agency Analysis was Solicited but Not Received From
Public Education Department (PED) Albuquerque Public Schools (APS)
SUMMARY
Synopsis of House Bill 473
House Bill 473 (HB473) amends the School Personnel Act, Sections 22-10A-1 to 40.1 NMSA
1978 and the Private Investigations Act, Sections 61-27B-1 to -36, NMSA 1978 to allow level 1
and level 2 security guards to serve as assistant school security personnel, a new classification
under the School Personnel Act and level 3 security guards to serve as school security personnel.
Requirements for their being hired into these positions are specified.
Section 1 of the bill amends Section 22-10A-40 NMSA 1978, “School Personnel. It adds the
definition of assistant school security personnel as level 1 or 2 security guards licensed through
the Private Investigators Act, employed by a school district to add security, and not authorized to House Bill 473 – Page 2
carry a gun. The definition of “school security personnel,” which previously included previously
certified law enforcement orders, adds former commissioned peace officers and level three
security guards, registered through the Private Investigators Act, and these would be empowered
to carry a firearm.
Section 2 of the bill modifies Section 61-27B-16, adding a hiring school district or charter school
to those who would be notified within thirty days of termination of employment of a level one
security guard. Section 3 makes the same requirement of level two security guards, and Section
4, of level three security guards.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
There is no appropriation in House Bill 473. The Regulation and Licensing Department (RLD)
believes it would be able to absorb the costs of making rules for implementing this bill and
training social security aides. The Department of Public Safety (DPS) indicates an unspecified
cost of handling rule making and assurance of compliance with federal regulations.
SIGNIFICANT ISSUES
DPS notes further steps that would have to be taken before this bill, if passed, could take effect:
Once these changes have been made, NMSA 1978, Sections 22-10A-2 thru 5 and NMSA
1978, Chapter 61, Article 27B must be resubmitted to the Department of Public Safety
(DPS) for review. Following this, the CJIS CSO’s Office will take all necessary steps to
secure a final review from the FBI’s Office of the General Counsel (OGC) Criminal
Justice Information Law Unit (CJILU). It is important to note that this approval process
may take over three months. The FBI will make the final determination on whether the
bill meets the requirements of Public Law 92-544 and Title 28 of the Code of Federal
Regulations (28 CFR). If the bill is approved, our office will obtain the necessary
authority to modify or create a new Originating Agency Identifier (ORI). Additionally,
we will file all required documentation to establish or update the Reason for
Fingerprinting (RFP) in the DPS fingerprinting vendor upon receiving CJILU’s final
approval.”
The New Mexico Public School Insurance Authority expresses concern that an employing school
district or charter school is not given guidance about level one or two personnel carrying “non-
lethal” weapons, such as tasers, mace, or handcuffs.
RLD’s Private Investigations Advisory Board supports HB473, understanding that it is difficult
to find qualified security personnel for school districts across New Mexico, and especially in
rural areas.
House Bill 473 – Page 3
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Related to House Bill 485, School Marshall Act; Senate Bill 136, Firearm Detection Software
Fund; and to Senate Bill 256, School Teachers On-Site Protection Act.
AMENDMENTS
RLD and its Private Investigations Advisory Board recommend the following changes:
That the effective date of this legislation be moved from June 20, 2025, to January 1,
2026, to allow more time to implement the new school security personnel training
program and change the administrative rules.
That level 3 security guards be added to the definition of “assistant security personnel” on
Page 2, Section, 1, Subsection A., lines 4-8.
That level 3 security guards be removed from the definition of “security personnel” and
replaced with “private patrol officer” on Page 3, Section, 1, Subsection A., lines 2-8.
That the language on Page 11, Section 4, Subsection B. Line 14 be amended to read:
“enforcement academy or the national rifle association law enforcement training
division” to clarify the firearm certification requirement.
LAC/hj/SL2