SB 3 — ENHANCING DEATH BENEFITS FOR LAW ENFORCEMENT

SENATE BILL 3 55TH LEGISLATURE-LEGISLATURE STATE OF NEW MEXICO - STATEOFNEWMEXICO- SECOND SESSION,SESSION , 2022 INTRODUCED BY George K.

Munoz 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby LAWa ENFORCEMENT;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ENHANCINGThe DEATHdocument BENEFITSis FORa PEACEtool OFFICERS,to NEWshow MEXICOamendments MOUNTEDin PATROLcontext MEMBERSand ANDcannot RESERVEbe POLICEused OFFICERS;for the purpose of adding amendments to legislation.

CHANGINGh DISTRIBUTIONSAN FROMACT THEg LAWo ENFORCEMENTRELATING PROTECTIONTO FUND.LAW ENFORCEMENT;

16ENHANCING BEDEATH ITBENEFITS ENACTEDFOR BYPEACE THEt LEGISLATUREhr OFg THEe STATEi OFk OFFICERS, NEW MEXICO:MEXICO MOUNTED PATROL MEMBERS AND RESERVE POLICE h r i s OFFICERS;

eCHANGING tDISTRIBUTIONS 17FROM SECTIONTHE 1.LAW ENFORCEMENT h , t, PROTECTION FUND.

Sectione 29-4A-5u NMSAg 1978e (beingb Lawsl 1995,e we lh n d 18d Chapteri 59,= Section= 5,o ash amended)BE isIT amendedENACTED toBY read:THE LEGISLATURE OF THE STATE OF NEW MEXICO:

=l =] 19b ,d i a lº "29-4A-5.e SECTION 1.

PEACESection OFFICERS',29-4A-5 NEWNMSA MEXICO1978 MOUNTED(being PATROLLaws i1995, a e r 20i MEMBERS'= ANDr RESERVEt POLICEe OFFICERS'w SURVIVORSd SUPPLEMENTALm a tn mo mChapter 2159, DEATHSection BENEFITS--REVIEW5, COMMITTEE--DETERMINATION--PAYMENT.--as damended) ris eamended 22to A.read:

Thered ism created: the "peace officers', New c e s k 23 Mexico mounted patrol members' and reserve police officers' e a n b 24 survivors supplemental death benefits review committee".

Theb ue [d committees shallº consisto oft then attorney= general,.221816.1AIC theJanuary chief25, of2022 .221816.1(3:19pm) thes Newk Mexicom statee policee anda then statee presidentd ofr thee fraternall orderu of[ policeA ord their"29-4A-5. designees.

PEACE OFFICERS', NEW MEXICO MOUNTED PATROL MEMBERS' AND RESERVE POLICE OFFICERS' SURVIVORS SUPPLEMENTAL DEATH BENEFITS--REVIEW COMMITTEE--DETERMINATION--PAYMENT.-- A.

There is created the "peace officers', New Mexico mounted patrol members' and reserve police officers' survivors supplemental death benefits review committee".

The committee shall consist of the attorney general, the chief of the New Mexico state police and the state president of the fraternal order of police or their designees.

In addition to any other death benefits provided by law, the surviving spouse, children or parents shall be paid [two hundred fifty thousand dollars h ($250,000)] one million dollars ($1,000,000) as supplemental g o death benefits whenever a peace officer, New Mexico mounted t hr g e patrol member or reserve police officer is killed in the line i k h r i s of duty.

h , t, C.

The benefits shall be paid first to the e u g e b l surviving spouse.

If there is no surviving spouse, the e te 17h n d d i = = o h benefits shall be distributed in pro rata shares to all w l n] db 18,d i a º e surviving children.

If there are no surviving children or =r i = 19r at le w d spouse, benefits shall be distributed to the surviving im a en ro 20d parents of the peace officer, New Mexico mounted patrol member a t m m: 21 or reserve police officer." d r e 22 SECTION 2.

Sectionb 29-13-3e NMSAd 1978s (beingº Lawso 1983,t cn e= .221816.1AIC January 25, 2022 (3:19pm) s k 23m Chaptere 289,- Section2 3,- ase amended)a isn amendede tod read:r e l u [ A d parents of the peace officer, New Mexico mounted patrol member or reserve police officer." SECTION 2.

eSection a29-13-3 nNMSA b1978 24(being "29-13-3.Laws 1983, Chapter 289, Section 3, as amended) is amended to read:

DISTRIBUTION"29-13-3. OF CERTAIN INSURANCE u [ COLLECTIONS--LAW ENFORCEMENT PROTECTION FUND CREATED.--There is .221816.1 - 2 - created in the state treasury the "law enforcement protection fund".

DISTRIBUTION OF CERTAIN INSURANCE COLLECTIONS--LAW ENFORCEMENT PROTECTION FUND CREATED.--There is created in the state treasury the "law enforcement protection fund".

On or before June 30 of each year, the state treasurer shall transfer to the [general fund]fund ] peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund any balance in the law enforcement protection fund in excess of one hundred thousand dollars ($100,000) that is not obligated for expenses in that current fiscal year." h SECTION 3.

Section 29-13-4 NMSA 1978 (being Laws 1993, g o Chapter 179, Section 6, as amended) is amended to read:

t hr g e i k "29-13-4.

DETERMINATION OF NEEDS AND RATE OF h r i s DISTRIBUTION.-- h , t, A.

Annually on or before April 15, the division e tu 17g e b l shall consider and determine the relative needs as requested by we le h n d 18d i = = o h tribal, municipal, school district and university police =l =] 19b ,d i a lº e departments, county sheriff's departments, the department of r i a= r t e rw 20d public safety and the academy for money in the fund in the a t m ma 21n succeedingo fiscal year pursuant to the provisions of d rm e: 22 Subsections C and E of this section.

cb e d s º o t n = .221816.1AIC January 25, 2022 (3:19pm) s k 23m B.e - 3 - e a n e d r e l u [ A d succeeding fiscal year pursuant to the provisions of Subsections C and E of this section.

AsB. necessary during the year, the division shall e a n b 24 transfer an amount from the fund to the peace officers', New u [ Mexico mounted patrol members' and reserve police officers' .221816.1 - 3 - 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)] one million dollars ($1,000,000).

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)] one million dollars ($1,000,000).

(1) all municipal police, school district police and county sheriff's departments shall be entitled to a rate of distribution of SHPACº forty-five thousand dollars ($45,000);($45,000)»SHPAC SHPACºninety-five thousand dollars ($95,000)»SHPAC;

h (2) university police departments shall be g o entitled to a rate of distribution of [forty-five thousand t hr g e i k dollars ($45,000)] ninety-five thousand dollars ($95,000);

h r i s (3) the academy shall be entitled to a rate of h , t, distribution of twenty-four thousand five hundred dollars e u g e b l ($24,500) to carry out the purposes of Section 29-7-7.7 NMSA e te 17h n d d i = = o h 1978;

w l n] db 18,d i a º e (4) tribal police departments shall be =r i = 19r at le w d entitled, unless allocations are adjusted pursuant to the im a en ro 20d provisions of Subsection D of this section, to [one thousand a t m m: 21 dollars ($1,000)] one thousand five hundred dollars ($1,500) d r e 22 for each commissioned peace officer in the tribe.

Tob be c e d s kº 23o countedt asn a= commissioned.221816.1AIC peaceJanuary officer25, for2022 the(3:19pm) purposess ofk m e a- n4 b- 24e this paragraph, a commissionedn peacee officerd shallr havee beenl u [ assignedA tod dutyprovisions andof haveSubsection workedD inof Newthis Mexicosection, forto no[one fewerthousand .221816.1dollars -($1,000)] 4one -thousand thanfive two hundred daysdollars in($1,500) thefor calendareach yearcommissioned immediatelypeace priorofficer toin the datetribe. of payment.

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.

(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 h ($1,000)] one thousand five hundred dollars ($1,500) for each u » r police officer or sheriff's deputy employed full time by that t h g e department who has been certified by the academy, or by a l i h r i s regional law enforcement training facility in the state h , e h certified by the director of the academy, as a police officer t u g e tb 17l or has been authorized to act as a New Mexico peace officer we le , gh n d 18d i = = o h pursuant to the provisions of Section 29-1-11 NMSA 1978;

and =l =] 19b ,d i a lº r (6) municipal police, sheriff's and school ie ar = t e rw 20d district police departments that assign officers as school a t m m 21 resource officers shall be entitled to [one thousand dollars d r e 22 ($1,000)] one thousand five hundred dollars ($1,500) for each c e s k 23 assigned school resource officer's training pursuant to Section e a n bo 24d [1m of: this 2020 act] 29-7-14 NMSA 1978.

b r e t º o t n = .221816.1AIC January 25, 2022 (3:19pm) s k m e - 5 - e a n e d r e l u [ D.A d resource officers shall be entitled to [one thousand dollars ($1,000)] one thousand five hundred dollars ($1,500) for each assigned school resource officer's training pursuant to Section [1 of this 2020 act ] 29-7-14 NMSA 1978.