HB 86 — LAW ENFORCEMENT RETENTION FUND

HOUSE BILL 86 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED BY Meredith A.

Crowder 7This 9document ANmay ACTincorporate RELATINGamendments TOproposed LAWby ENFORCEMENT;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

CREATINGThe THEdocument LAWis ENFORCEMENTa RETENTIONtool FUND;to show amendments in context and cannot be used for the purpose of adding amendments to legislation.

PROVIDINGAN AACT RETENTIONRELATING DIFFERENTIAL DISBURSEMENT TO CERTAIN LAW ENFORCEMENTENFORCEMENT; OFFICERS;

PROVIDINGCREATING REPORTINGTHE REQUIREMENTS;LAW ENFORCEMENT h RETENTION FUND;

PROVIDING A RETENTION DIFFERENTIAL DISBURSEMENT g o TO CERTAIN LAW ENFORCEMENT OFFICERS;

PROVIDING REPORTING t hr g e i k REQUIREMENTS;

16h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e tu 17g e b l e e h SECTION 1.

A new section of the Department of Public w l n d 18d i = = o h Safety Act is enacted to read:

=l =] 19b ,d i a lº e "[NEW MATERIAL]MATERIAL ] LAW ENFORCEMENT RETENTION FUND--CREATED-- r i a= r t e rw 20d m a n o RETENTION DIFFERENTIAL DISBURSEMENT--REPORTING.-- ad t m m: 21 A.

Theb "lawe enforcementd retentions fund"º iso createdt n = .221267.4AIC February 7, 2022 (12:44pm) s k m e e a n e d r e 22l inu the[ stateA treasury.d A.

The fund"law consistsenforcement ofretention moneyfund" appropriatedis ccreated ein s k 23 by the legislature, federal money granted to the state fortreasury. the e a n b 24 purposes of the fund, income from investment of the fund and u [ money otherwise accruing to the fund.

MoneyThe infund theconsists fundof shallmoney .221267.4appropriated notby revertthe legislature, federal money granted to anythe otherstate fundfor atthe purposes of the endfund, income from investment of athe fiscalfund year.and money otherwise accruing to the fund.

Money in the fund shall not revert to any other fund at the end of a fiscal year.

Contingent on the completion of reporting h requirements provided in Subsection FHAFCº F»HAFC HAFCºG»HAFC g o t hr of this section, the department shall determine and distribute g e i k annually the amount necessary to provide to a law enforcement h r i s agency for the purpose of providing a retention differential h , t, disbursement to law enforcement officers employed by that law enforcemente u g e tb 17l e e h enforcement agency.

A law enforcement agency shall expend fundingn receivedd wd li n= d= 18o h funding received for no other purpose than that permitted by thisl section,] andb =,d =i 19 a lº e this section, and any unexpended balance received by a law enforcementr agency i a= r t e rw 20d m a n o enforcement agency pursuant to this section at the end of a fiscald year shall a t m m: 21 revert to the law enforcement retention fund.

Theb departmente d rs eº 22o shallt monitorn the= use.221267.4AIC ofFebruary funding7, and2022 ensure(12:44pm) thes properk cm e s- k2 23- reversionse a n e d r e l u [ A d fiscal year shall revert to the law enforcement retention fund.

eThe adepartment nshall bmonitor 24the D.use of funding and ensure the proper reversions to the law enforcement retention fund.

AHAFCº lawD. enforcement officer shall receive a u [ retention differential disbursement in the amount of five .221267.4 - 2 - percent of the law enforcement officer's salary upon completion of five years of service and for every five years of service completed thereafter, up to twenty years of service;

providedA thatlaw theenforcement officer shall receive a retention differential disbursement shallin bethe calculatedamount basedof onfive thepercent salary of the law enforcement officerofficer's onsalary thoseupon dates.completion of five years of service and for every five years of service completed thereafter, up to twenty years of service;

E.provided that the retention differential disbursement shall be calculated based on the salary of the law enforcement officer on those dates.»HAFC HAFCºD.

TheA amountlaw providedenforcement forofficer shall receive a retention differential disbursement shallin include the amount of employerfive taxpercent liabilities,of whichthe shalllaw beenforcement paidofficer's bysalary theupon employerreaching atyears of service of four, nine, fourteen and nineteen years from the timeanniversary of the retentionlaw differentialenforcement disbursementofficer's isdate providedof toh thehire with that law enforcement officer.agency;

F.provided that:

Tou receive» fundingr pursuantt toh Subsection(1) Cthe of this section, a law enforcement agencyofficer shallremains makeg thate requestl toi theemployed departmentas priora tolaw Juneenforcement 1officer ofwith eachthat fiscalsame year,law andh inr thati request,s theenforcement agency shallfor reportone theadditional following:year;

(1)and theh number, of officers that are projected e h t 17u tog become(2) eligiblethe for a retention differential disbursement ine wb l ne de 18, thegh upcomingshall fiscalbe yearcalculated andbased on the projectedsalary amount of the =law =enforcement 19n ad ld retentioni differential= disbursement,= includingo anyh employerofficer taxon ithose adates. e r 20 liabilities;

al t] mb m,d 21i (2)a theº number of law enforcement officers d r e 22r employed= byE. the law enforcement agency for the last five years;

cAfter e s k 23 (3) the numbercalculations offor yearsretention oft servicee ofw eachd lawm e a n bo 24d enforcementm officer: employed by the law enforcement agency;

ub [r (4)e thet numberº ofo lawt enforcementn officers= .221267.4.221267.4AIC February 7, 2022 (12:44pm) s k m e - 3 - thate lefta n e d r e l u [ A d differential disbursements are made in accordance with Subsection D of this section, if the employbalance in the fund is insufficient to permit the total disbursements provided by Subsection D of this section, the lawdepartment enforcementshall agencyreduce inthat allocation to the lastmaximum yearamount andpermitted by available money in the statedfund.»HAFC reasonsHAFCºE.»HAFC whyF.»HAFC eachThe lawamount enforcementprovided officerfor lefta retention differential disbursement shall include the employamount of employer tax liabilities, which shall be paid by the employer at the time the retention differential disbursement is provided to the law enforcement agency;officer.

HAFCº F.»HAFC G.»HAFC To receive funding pursuant to Subsection C of this section, a law enforcement agency shall make that request to the department prior to June 1 of each fiscal year, and in that request, the agency shall report the following:

h (1) the number of officers that are projected u » r t h to become eligible for a retention differential disbursement in g e l i the upcoming fiscal year and the projected amount of the h r i s retention differential disbursement, including any employer tax h , e h t u g liabilities;

e b l e e , gh (2) the number of law enforcement officers n d d i = = o h employed by the law enforcement agency for the last five years;

l ] b ,d i a º r e r = (3) the number of years of service of each law t e w d m a n o enforcement officer employed by the law enforcement agency;

d m :

b r e t º o t n = .221267.4AIC February 7, 2022 (12:44pm) s k m e - 4 - e a n e d r e l u [ A d (4) the number of law enforcement officers that left the employ of the law enforcement agency in the last year and the stated reasons why each law enforcement officer left the employ of the law enforcement agency;

(9) the number of law enforcement officers added to the law enforcement agency via lateral transfer and h the years of service of each law enforcement officer at each eg o t 17hr previous law enforcement agency;

wg le ni dk 18 (10) any changes to compensation, recruiting, =h =r 19i as l retention or benefits implemented by the law enforcement agency ih a, et, r 20 in the last year;

and ae tu mg me 21b l e e h (11) any other information that is used for n d rd ei 22= = o h determining retention rates unless disclosure of such cl e] sb k,d 23i a º e information is otherwise prohibited by law.

r i = r t e w d m a n bo 24HAFCº G.G.»HAFC H.»HAFC The department shall:

Thed departmentm shall::