NM
New Mexico House Bill HB48

New Mexico 2025 Regular Session

New Mexico House Bill HB48 Compare Versions

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2828 HOUSE BILL 48
2929 57
3030 TH LEGISLATURE
3131 -
3232
3333 STATE
3434
3535 OF
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3737 NEW
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3939 MEXICO
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4242 FIRST SESSION
4343 ,
4444
4545 2025
4646 INTRODUCED BY
4747 Patricia A. Lundstrom
4848 AN ACT
4949 RELATING TO LAW ENFORCEMENT; AMENDING THE LAW ENFORCEMENT
5050 PROTECTION FUND; PROVIDING FUNDS FOR CERTIFIED LAW ENFORCEMENT
5151 TRAINING AT STATE-SUPPORTED COMMUNITY COLLEGES AND CERTAIN
5252 INSTITUTIONS OF HIGHER LEARNING; MAKING AN APPROPRIATION.
5353 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5454 SECTION 1. Section 29-13-4 NMSA 1978 (being Laws 1993,
5555 Chapter 179, Section 6, as amended) is amended to read:
5656 "29-13-4. DETERMINATION OF NEEDS AND RATE OF
5757 DISTRIBUTION.--
5858 A. Annually on or before April 15, the division
5959 shall consider and determine the relative needs as requested by
6060 tribal, municipal, school district and university police
6161 departments, county sheriff's departments, the department of
6262 public safety and the academy for money in the fund in the
6363 .229133.3 underscored material = new
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9090 succeeding fiscal year pursuant to the provisions of
9191 Subsections C and E of this section.
9292 B. As necessary during the year, the division shall
9393 transfer an amount from the fund to the peace officers', New
9494 Mexico mounted patrol members' and reserve police officers'
9595 survivors fund that enables the balance of the peace officers',
9696 New Mexico mounted patrol members' and reserve police officers'
9797 survivors fund to be maintained at a minimum balance of three
9898 hundred fifty thousand dollars ($350,000) through fiscal year
9999 2023 and one million dollars ($1,000,000) thereafter.
100100 C. The division shall determine the rate of
101101 distribution of money in the fund as follows:
102102 (1) all municipal police, school district
103103 police and county sheriff's departments shall be entitled to a
104104 rate of distribution of forty-five thousand dollars ($45,000)
105105 through fiscal year 2023 and ninety-five thousand dollars
106106 ($95,000) thereafter;
107107 (2) university police departments shall be
108108 entitled to a rate of distribution of forty-five thousand
109109 dollars ($45,000) through fiscal year 2023 and ninety-five
110110 thousand dollars ($95,000) thereafter;
111111 (3) the academy shall be entitled to a rate of
112112 distribution of twenty-four thousand five hundred dollars
113113 ($24,500) to carry out the purposes of Section 29-7-7.7 NMSA
114114 1978 and to a rate of distribution of two hundred thousand
115115 .229133.3
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143143 dollars ($200,000) to carry out the purposes of the Law
144144 Enforcement Training Act;
145145 (4) tribal police departments shall be
146146 entitled, unless allocations are adjusted pursuant to the
147147 provisions of Subsection D of this section, to one thousand
148148 dollars ($1,000) through fiscal year 2023 and one thousand five
149149 hundred dollars ($1,500) thereafter for each commissioned peace
150150 officer in the tribe. To be counted as a commissioned peace
151151 officer for the purposes of this paragraph, a commissioned
152152 peace officer shall have been assigned to duty and have worked
153153 in New Mexico for no fewer than two hundred days in the
154154 calendar year immediately prior to the date of payment.
155155 Payments shall be made for only those divisions of the tribal
156156 police departments that perform services in New Mexico. A
157157 tribal police department shall not be eligible for any
158158 disbursement under the fund if commissioned peace officers cite
159159 non-Indians into the tribal court for civil or criminal
160160 citations;
161161 (5) municipal, school district and university
162162 police and county sheriff's departments shall be entitled,
163163 unless allocations are adjusted pursuant to the provisions of
164164 Subsection D of this section, to one thousand dollars ($1,000)
165165 through fiscal year 2023 and one thousand five hundred dollars
166166 ($1,500) thereafter for each police officer or sheriff's deputy
167167 employed full time by that department who has been certified by
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196196 the law enforcement certification board as a police officer or
197197 has been authorized to act as a New Mexico peace officer
198198 pursuant to the provisions of Section 29-1-11 NMSA 1978; [and ]
199199 (6) municipal police, sheriff's and school
200200 district police departments that assign officers as school
201201 resource officers shall be entitled to one thousand dollars
202202 ($1,000) through fiscal year 2023 and one thousand five hundred
203203 dollars ($1,500) thereafter for each assigned school resource
204204 officer's training pursuant to Section 29-7-14 NMSA 1978; and
205205 (7) western New Mexico university, branch
206206 campuses of institutions of higher learning enumerated in
207207 Article 12, Section 11 of the constitution of New Mexico and
208208 state-supported community colleges that offer law enforcement
209209 training certified by the academy shall be entitled to one
210210 hundred thousand dollars ($100,000) for faculty salaries and
211211 benefits, instructional materials and related course expenses .
212212 D. After distributions are determined in accordance
213213 with Subsection A, Subsection B and Paragraphs (1), (2), (3),
214214 [and] (6) and (7) of Subsection C of this section, if the
215215 balance in the fund is insufficient to permit the total
216216 allocations provided by Paragraphs (4) and (5) of Subsection C
217217 of this section, the division shall reduce that allocation to
218218 the maximum amount permitted by available money.
219219 E. After all distributions have been made in
220220 accordance with Subsections A through D of this section, and if
221221 .229133.3
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249249 the balance in the fund is sufficient, the department of public
250250 safety shall be entitled to a rate of distribution of not more
251251 than two million dollars ($2,000,000).
252252 F. The division shall confirm, before making any
253253 distribution under this section, that the beneficiary is in
254254 compliance with all of the beneficiary's statutory reporting
255255 requirements, including those described in Subsection C of
256256 Section 29-3-11 NMSA 1978, Subsection B of Section 29-7-7.1
257257 NMSA 1978 and Sections 29-7-7.2, 29-7C-7 and 29-7C-8 NMSA
258258 1978."
259259 SECTION 2. Section 29-13-7 NMSA 1978 (being Laws 1983,
260260 Chapter 289, Section 7, as amended) is amended to read:
261261 "29-13-7. EXPENDITURE LIMITATION--CONTROL.--
262262 A. Except as provided for the academy and the
263263 department of public safety in Subsections B and C of this
264264 section, amounts distributed from the fund shall be expended
265265 only for the following:
266266 (1) the repair and purchase of law enforcement
267267 apparatus and equipment, including the financing and
268268 refinancing thereof, that meet minimum nationally recognized
269269 standards;
270270 (2) the purchase of law enforcement equipment,
271271 including protective vests, for police dogs;
272272 (3) expenses associated with advanced law
273273 enforcement planning and training;
274274 .229133.3
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302302 (4) maintaining the balance of the peace
303303 officers', New Mexico mounted patrol members' and reserve
304304 police officers' survivors fund at a minimum amount of three
305305 hundred fifty thousand dollars ($350,000) through fiscal year
306306 2023 and one million dollars ($1,000,000) thereafter;
307307 (5) complying with match or contribution
308308 requirements for the receipt of federal funds relating to
309309 criminal justice programs;
310310 (6) no more than fifty percent of the
311311 replacement salaries of municipal and county law enforcement
312312 personnel of municipalities or counties participating in basic
313313 law enforcement training;
314314 (7) a law enforcement officer retention
315315 differential in the amount of seven thousand five hundred
316316 dollars ($7,500); provided that:
317317 (a) the distribution is requested by a
318318 municipality or county law enforcement agency to retain a law
319319 enforcement officer who is certified in accordance with the Law
320320 Enforcement Training Act and has at least twenty years of
321321 actual service credit earned under a municipal police member
322322 coverage plan as determined by the public employees retirement
323323 association;
324324 (b) the municipality or county law
325325 enforcement agency provides seven thousand five hundred dollars
326326 ($7,500) in matching funds to the law enforcement officer;
327327 .229133.3
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355355 (c) the law enforcement officer remains
356356 employed with that municipality or county law enforcement
357357 agency for one additional year; and
358358 (d) the distribution and the matching
359359 funds paid to a law enforcement officer shall not constitute
360360 the officer's base salary or wages and shall not be considered
361361 to be salary or otherwise be used to determine a pension for
362362 the purposes of the Public Employees Retirement Act; [and ]
363363 (8) recruiting, providing stipends for and
364364 training law enforcement officers engaged in community-oriented
365365 policing; provided that any law enforcement officer who
366366 receives a stipend in accordance with this paragraph remains
367367 employed with the law enforcement agency providing the stipend
368368 for one additional year; and
369369 (9) faculty salaries and benefits,
370370 instructional materials and related course expenses for
371371 certified law enforcement training conducted by western New
372372 Mexico university, branch campuses of institutions of higher
373373 learning enumerated in Article 12, Section 11 of the
374374 constitution of New Mexico and state-supported community
375375 colleges.
376376 B. For the academy, amounts distributed from the
377377 fund shall be expended only for providing tourniquet and trauma
378378 kits and training on the use of tourniquet and trauma kits
379379 pursuant to Section 29-7-7.7 NMSA 1978 and to carry out the
380380 .229133.3
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408408 purposes of the Law Enforcement Training Act.
409409 C. The amount distributed to the department of
410410 public safety:
411411 (1) shall:
412412 (a) be used only to offset overtime-pay-
413413 related expenses incurred directly by the department of public
414414 safety from the special deployment of state police officers or
415415 other emergency assistance to counties or municipalities in
416416 response to critical circumstances as authorized by the
417417 governor; and
418418 (b) not be expended to hire new
419419 personnel; and
420420 (2) may be expended for costs, including
421421 travel, fuel, overtime, per diem and ammunition.
422422 D. Amounts distributed from the fund shall be
423423 expended only pursuant to approved budgets and upon duly
424424 executed vouchers approved as required by law."
425425 SECTION 3. EFFECTIVE DATE.--The effective date of the
426426 provisions of this act is July 1, 2025.
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