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 Sen. Charley
/Rep. Abeyta
LAST UPDATED
ORIGINAL DATE 2/13/25
SHORT TITLE Turquoise Alert System
BILL
NUMBER Senate Bill 41
ANALYST Sanchez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
DOH
No fiscal
impact
At least $250.0 At least $250.0
At least
$500.0
Recurring General Fund
DPS
No fiscal
impact
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring General Fund
DPS
No fiscal
impact
$2,167.5
No fiscal
impact
$2,167.5 Nonrecurring General Fund
Total
No fiscal
impact
At least
$2,417.5
At least $250.0
At least
$2,667.5
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Indian Affairs Department (IAD) Department of Public Safety (DPS)
Department of Health (DOH)
Agency Analysis was Solicited but Not Received From
New Mexico Municipal League (ML) Councils of Governments (COGs)
SUMMARY
Synopsis of Senate Bill 41
Senate Bill 41 (SB41) amends Section 29-15, NMSA 1978, the Missing Persons Information and
Reporting Act, to establish a "Turquoise Alert" system to aid in locating missing Native
Americans in New Mexico. The bill adds statutory definitions for a “turquoise alert” as a
specialized notification for missing persons who are enrolled members or eligible for enrollment
in a federally recognized Indian nation, tribe, or pueblo.
The Department of Public Safety (DPS) is tasked with developing and implementing the alert
system, which will facilitate rapid dissemination of information through various media, law
enforcement agencies, cellular service companies, and state employees. The bill mandates Senate Bill 41 – Page 2
record-keeping requirements for each alert, including key details such as location, age, gender,
and recovery status.
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
SB41 does not include a direct appropriation; however, implementing the turquoise alert system
may result in recurring costs for state agencies. DPS will be responsible for developing and
maintaining the system, including coordinating with law enforcement agencies, media outlets,
and tribal governments. DPS estimates that the modernization of the Missing Persons
Clearinghouse tracking system will cost approximately $2.17 million. This includes $1.25
million for system development to create a digital platform integrating law enforcement
databases and real-time case tracking, $417.5 thousand for long-term maintenance, including
software updates and cybersecurity measures, and $500 thousand for independent oversight and
data analysis to ensure system reliability and effectiveness.
The Department of Health (DOH) has projected a recurring cost of approximately $500 thousand
over three years, which includes funding for one mid-range staff position to coordinate tribal
outreach and additional expenses for travel to tribal communities. Other agencies involved in
administering the alert system may also experience increased operational costs, though the extent
of these impacts has not been fully identified.
New Mexico’s existing alert infrastructure may allow for partial absorption of costs within
current agency budgets, but additional funding may be necessary depending on the level of
implementation required. Law enforcement agencies at the state and local levels may also
experience increased workload demands in responding to alerts and coordinating investigations.
While SB41 does not generate new revenue, improvements in response times for missing
Indigenous persons may reduce the duration of investigations, potentially offsetting some costs
associated with prolonged search efforts.
SIGNIFICANT ISSUES
New Mexico has experienced disproportionately high rates of missing and murdered Indigenous
persons and SB41 seeks to improve coordination between state and tribal entities in responding
to such cases. Tribal law enforcement agencies often face jurisdictional challenges when
coordinating with state and local authorities, and the effectiveness of the Turquoise Alert may
depend on the ability of multiple agencies to share information in a timely manner. The bill also
includes provisions for record-keeping and data collection, requiring reports on alert activations
and case outcomes. This may provide additional insight into trends related to missing Indigenous
persons and inform future policy discussions.
Implementation of the Turquoise Alert system would likely require collaboration between DPS,
tribal governments, and other law enforcement agencies to develop operational protocols and
ensure compatibility with existing alert systems. The extent to which the system will integrate
with national databases and other law enforcement networks remains an open consideration. Senate Bill 41 – Page 3
Additionally, public awareness and engagement efforts may be necessary to ensure the alert
system's effectiveness and encourage timely reporting of missing persons cases.
Analysis from the Indian Affairs Department (IAD) notes:
Three other states (California, Washington, and Colorado) have similar alerts, called the
Feather Alert. In 2022, Washington state mandated the system, and out of 114 alerts
issued, 111 people were located…Without such an alert system, it is likely that missing
and endangered American Indians recovery rates will continue to be low. According to
the NM Department of Justice, Native American face disproportionately high rates of
disappearances and violence. Native people account for 16% of missing persons in New
Mexico. Additionally, Albuquerque and Gallup rank among the top cities in Missing and
Murdered Indigenous People cases nationwide. From the NM Missing and Murdered
Indigenous Women and Relatives Task Force, it was found that over 50% of missing
persons in McKinley and San Juan counties were Native American from 2014-2019.
ADMINISTRATIVE IMPLICATIONS
Implementation of SB41 will require DPS to expand the responsibilities of the Missing Persons
Clearinghouse, necessitating additional personnel, updated protocols, and system enhancements.
DPS must establish formal procedures for issuing, managing, and terminating alerts while
ensuring compliance with state and federal databases. The department will also need to
coordinate with law enforcement agencies, tribal governments, the FBI, and the federal Bureau
of Indian Affairs to integrate the Turquoise Alert system with existing missing persons
databases.
Additionally, DOH has identified staffing and training needs to support the system, including the
hiring of personnel to facilitate communication with tribal leadership and law enforcement
agencies. This includes outreach efforts, training programs, and consultations to ensure
alignment with the bill’s provisions and the State-Tribal Collaboration Act.
The requirement that cellular service providers integrate Turquoise Alerts into the federal
Wireless Emergency Alerts system will also require coordination between DPS and private-
sector telecommunications companies. Ensuring smooth implementation may require the
development of administrative rules, interagency agreements, and public awareness campaigns.
Law enforcement agencies at various levels may need to modify internal reporting procedures to
align with the new alert system, potentially increasing workloads related to data entry,
investigation coordination, and inter-jurisdictional case management.
OTHER SUBSTANT IVE ISSUES
SB41 does not specify how the Turquoise Alert system will integrate with federal protocols
managed by the FBI and federal Bureau of Indian Affairs, which currently handle many missing
Indigenous persons cases. This lack of clarity may lead to jurisdictional challenges between
state, tribal, and federal law enforcement agencies.
There are also potential legal considerations, as the bill designates a specialized alert system
based on Indigenous status. While it aims to address disparities in law enforcement responses to Senate Bill 41 – Page 4
missing Indigenous persons, the eligibility criteria may raise concerns under the Equal Protection
Clause of the 14th Amendment and New Mexico’s Constitution (Article II, Section 18), which
prohibits preferential treatment based on race. Ensuring that eligibility is based on objective risk
factors, such as jurisdictional challenges and geographic vulnerabilities, rather than demographic
categories alone may help address these concerns.
Moreover, DPS has raised concerns about the administrative burden the bill may impose,
particularly regarding increased data entry and reporting requirements. Law enforcement
agencies may face operational challenges in processing a higher volume of alerts while
maintaining efficiency in other public safety efforts. Addressing these considerations in the
implementation process may be necessary to ensure the system functions as intended without
unintended consequences.
SS/hj/SL2