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HOUSE BILL 48
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Patricia A. Lundstrom
AN ACT
RELATING TO LAW ENFORCEMENT; AMENDING THE LAW ENFORCEMENT
PROTECTION FUND; PROVIDING FUNDS FOR CERTIFIED LAW ENFORCEMENT
TRAINING AT STATE-SUPPORTED COMMUNITY COLLEGES AND CERTAIN
INSTITUTIONS OF HIGHER LEARNING; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-13-4 NMSA 1978 (being Laws 1993,
Chapter 179, Section 6, as amended) is amended to read:
"29-13-4. DETERMINATION OF NEEDS AND RATE OF
DISTRIBUTION.--
A. Annually on or before April 15, the division
shall consider and determine the relative needs as requested by
tribal, municipal, school district and university police
departments, county sheriff's departments, the department of
public safety and the academy for money in the fund in the
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succeeding fiscal year pursuant to the provisions of
Subsections C and E of this section.
B. As necessary during the year, the division shall
transfer an amount from the fund to the peace officers', New
Mexico mounted patrol members' and reserve police officers'
survivors fund that enables the balance of the peace officers',
New Mexico mounted patrol members' and reserve police officers'
survivors fund to be maintained at a minimum balance of three
hundred fifty thousand dollars ($350,000) through fiscal year
2023 and one million dollars ($1,000,000) thereafter.
C. The division shall determine the rate of
distribution of money in the fund as follows:
(1) all municipal police, school district
police and county sheriff's departments shall be entitled to a
rate of distribution of forty-five thousand dollars ($45,000)
through fiscal year 2023 and ninety-five thousand dollars
($95,000) thereafter;
(2) university police departments shall be
entitled to a rate of distribution of forty-five thousand
dollars ($45,000) through fiscal year 2023 and ninety-five
thousand dollars ($95,000) thereafter;
(3) the academy shall be entitled to a rate of
distribution of twenty-four thousand five hundred dollars
($24,500) to carry out the purposes of Section 29-7-7.7 NMSA
1978 and to a rate of distribution of two hundred thousand
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dollars ($200,000) to carry out the purposes of the Law
Enforcement Training Act;
(4) tribal police departments shall be
entitled, unless allocations are adjusted pursuant to the
provisions of Subsection D of this section, to one thousand
dollars ($1,000) through fiscal year 2023 and one thousand five
hundred dollars ($1,500) thereafter for each commissioned peace
officer in the tribe. To be counted as a commissioned peace
officer for the purposes of this paragraph, a commissioned
peace officer shall have been assigned to duty and have worked
in New Mexico for no fewer than two hundred days in the
calendar year immediately prior to the date of payment.
Payments shall be made for only those divisions of the tribal
police departments that perform services in New Mexico. A
tribal police department shall not be eligible for any
disbursement under the fund if commissioned peace officers cite
non-Indians into the tribal court for civil or criminal
citations;
(5) municipal, school district and university
police and county sheriff's departments shall be entitled,
unless allocations are adjusted pursuant to the provisions of
Subsection D of this section, to one thousand dollars ($1,000)
through fiscal year 2023 and one thousand five hundred dollars
($1,500) thereafter for each police officer or sheriff's deputy
employed full time by that department who has been certified by
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the law enforcement certification board as a police officer or
has been authorized to act as a New Mexico peace officer
pursuant to the provisions of Section 29-1-11 NMSA 1978; [and ]
(6) municipal police, sheriff's and school
district police departments that assign officers as school
resource officers shall be entitled to one thousand dollars
($1,000) through fiscal year 2023 and one thousand five hundred
dollars ($1,500) thereafter for each assigned school resource
officer's training pursuant to Section 29-7-14 NMSA 1978; and
(7) western New Mexico university, branch
campuses of institutions of higher learning enumerated in
Article 12, Section 11 of the constitution of New Mexico and
state-supported community colleges that offer law enforcement
training certified by the academy shall be entitled to one
hundred thousand dollars ($100,000) for faculty salaries and
benefits, instructional materials and related course expenses .
D. After distributions are determined in accordance
with Subsection A, Subsection B and Paragraphs (1), (2), (3),
[and] (6) and (7) of Subsection C of this section, if the
balance in the fund is insufficient to permit the total
allocations provided by Paragraphs (4) and (5) of Subsection C
of this section, the division shall reduce that allocation to
the maximum amount permitted by available money.
E. After all distributions have been made in
accordance with Subsections A through D of this section, and if
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the balance in the fund is sufficient, the department of public
safety shall be entitled to a rate of distribution of not more
than two million dollars ($2,000,000).
F. The division shall confirm, before making any
distribution under this section, that the beneficiary is in
compliance with all of the beneficiary's statutory reporting
requirements, including those described in Subsection C of
Section 29-3-11 NMSA 1978, Subsection B of Section 29-7-7.1
NMSA 1978 and Sections 29-7-7.2, 29-7C-7 and 29-7C-8 NMSA
1978."
SECTION 2. Section 29-13-7 NMSA 1978 (being Laws 1983,
Chapter 289, Section 7, as amended) is amended to read:
"29-13-7. EXPENDITURE LIMITATION--CONTROL.--
A. Except as provided for the academy and the
department of public safety in Subsections B and C of this
section, amounts distributed from the fund shall be expended
only for the following:
(1) the repair and purchase of law enforcement
apparatus and equipment, including the financing and
refinancing thereof, that meet minimum nationally recognized
standards;
(2) the purchase of law enforcement equipment,
including protective vests, for police dogs;
(3) expenses associated with advanced law
enforcement planning and training;
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(4) maintaining the balance of the peace
officers', New Mexico mounted patrol members' and reserve
police officers' survivors fund at a minimum amount of three
hundred fifty thousand dollars ($350,000) through fiscal year
2023 and one million dollars ($1,000,000) thereafter;
(5) complying with match or contribution
requirements for the receipt of federal funds relating to
criminal justice programs;
(6) no more than fifty percent of the
replacement salaries of municipal and county law enforcement
personnel of municipalities or counties participating in basic
law enforcement training;
(7) a law enforcement officer retention
differential in the amount of seven thousand five hundred
dollars ($7,500); provided that:
(a) the distribution is requested by a
municipality or county law enforcement agency to retain a law
enforcement officer who is certified in accordance with the Law
Enforcement Training Act and has at least twenty years of
actual service credit earned under a municipal police member
coverage plan as determined by the public employees retirement
association;
(b) the municipality or county law
enforcement agency provides seven thousand five hundred dollars
($7,500) in matching funds to the law enforcement officer;
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(c) the law enforcement officer remains
employed with that municipality or county law enforcement
agency for one additional year; and
(d) the distribution and the matching
funds paid to a law enforcement officer shall not constitute
the officer's base salary or wages and shall not be considered
to be salary or otherwise be used to determine a pension for
the purposes of the Public Employees Retirement Act; [and ]
(8) recruiting, providing stipends for and
training law enforcement officers engaged in community-oriented
policing; provided that any law enforcement officer who
receives a stipend in accordance with this paragraph remains
employed with the law enforcement agency providing the stipend
for one additional year; and
(9) faculty salaries and benefits,
instructional materials and related course expenses for
certified law enforcement training conducted by western New
Mexico university, branch campuses of institutions of higher
learning enumerated in Article 12, Section 11 of the
constitution of New Mexico and state-supported community
colleges.
B. For the academy, amounts distributed from the
fund shall be expended only for providing tourniquet and trauma
kits and training on the use of tourniquet and trauma kits
pursuant to Section 29-7-7.7 NMSA 1978 and to carry out the
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purposes of the Law Enforcement Training Act.
C. The amount distributed to the department of
public safety:
(1) shall:
(a) be used only to offset overtime-pay-
related expenses incurred directly by the department of public
safety from the special deployment of state police officers or
other emergency assistance to counties or municipalities in
response to critical circumstances as authorized by the
governor; and
(b) not be expended to hire new
personnel; and
(2) may be expended for costs, including
travel, fuel, overtime, per diem and ammunition.
D. Amounts distributed from the fund shall be
expended only pursuant to approved budgets and upon duly
executed vouchers approved as required by law."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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