SB 202 — SCHOOL LAW ENFORCEMENT TRAINING

h "29-13-4.

DETERMINATION OF NEEDS AND RATE OF g o DISTRIBUTION.-- t hr g e i k A.

Annually on or before April 15, the division h r i s shall consider and determine the relative needs as requested by h , t, tribal, municipal, school district and university police departments,e u g e b l departments , county sheriff's departments, the department of e e 17h n d d i = = o h public safety and the academy for money in the fund in the el e] nb d,d 18i a º e succeeding fiscal year pursuant to the provisions of =r i = lr ]t 19e [Subsection]w d [Subsection ] Subsections C and E of this section.

m a ln ro id 20m B.:

Asb necessarye duringd thes year,º theo division shall t en a= t.217095.1AIC transferFebruary an16, amount2020 from(11:48am) thes fundk to the peace officers', New m m 21 e d- Mexico5 mounted- patrol members' and reserve police officers' r e 22a cn e d r c 23 survivors fund that enables the balance of the peace officers', e al n b 24 New Mexico mounted patrol members' and reserve police officers' u [ survivorsA fundd to be maintained at a minimum balance of three .217095.1 - 5 - SEC/SB 202 hundredB. fifty thousand dollars ($350,000).

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).

The rate of distribution to h which a municipal police or county sheriff's department is g o entitled is the following:

t hr g e CLASS POPULATION AMOUNT i k h r i s 1 0 to 20,000 $20,000 h , t, 2 20,001 to 160,000 30,000 e u g e b l 3 160,001 to 1,280,000 40,000;] e e 17h n d d i = = o h entitled to a rate of distribution of forty-five thousand el e] nb d,d 18i a º e dollars ($45,000);

=r i = lr ]t 19e w d (2) university police departments shall be am l r i 20 entitled to a raten ofo distributiond ofm [seventeen: thousand t e a t dollars ($17,000)] forty-five thousand dollars ($45,000);

mb m 21 e d (3)s theº academyo shallt ben entitled= to.217095.1AIC aFebruary rate16, of2020 r(11:48am) es 22k cm e r- c6 23- distributione ofa twenty-fourn thousande fived hundredr dollars e al nu b[ 24A ($24,500)d toSEC/SB carry202 outentitled theto purposesa rate of Sectiondistribution [1 of this[seventeen 2017thousand udollars [($17,000)] act]forty-five 29-7-7.7thousand NMSAdollars 1978;($45,000);

.217095.1(3) -the 6academy - SEC/SB 202 (4) tribal police departments shall be entitled,entitled unless allocations are adjusted pursuant to thea provisionsrate of Subsectiondistribution D of thistwenty-four section,thousand tofive [six hundred dollars ($600)]($24,500) oneto thousandcarry dollarsout ($1,000)the forpurposes eachof commissionedSection peace[1 officerof inthis the2017 tribe.act] 29-7-7.7 NMSA 1978;

(4) tribal police departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection D of this section, to [six hundred dollars ($600)] one thousand dollars ($1,000) for each commissioned peace officer in the tribe.

Payments shall be made for only those divisions of h the tribal police departments that perform services in New g o Mexico.

A tribal police department shall not be eligible for t hr g e i k any disbursement under the fund if commissioned peace officers h r i s cite non-Indians into the tribal court for civil or criminal h , t, citations;

[and ] e u g e b l (5) municipal, school district and university e e 17h n d d i = = o h police and county sheriff's departments shall be entitled, el e] nb d,d 18i a º e unless allocations are adjusted pursuant to the provisions of =r i = lr ]t 19e w d Subsection D of this section, to [six hundred dollars ($600) ] a l r i 20 one thousand dollars ($1,000) for each police officer or t e a t sheriff's deputy employed full time by that department who has m m 21 e d been certified by the academy, or by a regional law enforcement r e 22 c e r c 23 training facility in the state certified by the director of the e a n bo 24d academy,m as: a police officer or has been authorized to act as a u [ New Mexico peace officer pursuant to the provisions of Section .217095.1 - 7 - SEC/SB 202 29-1-11 NMSA 1978;

b e d s º o t n = .217095.1AIC February 16, 2020 (11:48am) s k m e - 7 - e a n e d r e l u [ A d SEC/SB 202 one thousand dollars ($1,000) for each police officer or sheriff's deputy employed full time by that department who has been certified by the academy, or by a regional law enforcement training facility in the state certified by the director of the academy, 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;

After distributions are determined in accordance with Subsection A, Subsection B and Paragraphs (1), (2), [and ] (3) and (6) of Subsection C of this section, if the balance in the fund is insufficient to permit the total allocations h provided by Paragraphs (4) and (5) of Subsection C of this g o section, the division shall reduce that allocation to the t hr g e maximum amount permitted by available money.

i k h r i s E.

After all distributions have been made in h , t, accordance with Subsections A through D of this section, and if e u g e b l the balance in the fund is sufficient, the department of public e e 17h n d d i = = o h safety shall be entitled to a rate of distribution of not more el e] nb d,d 18i a º e than two million dollars ($2,000,000)." =r i = lr ]t 19e w d SECTION 5.

Section 29-13-5 NMSA 1978 (being Laws 1983, m a ln ro id 20m Chapter: 289, Section 5, as amended) is amended to read:

b e d s º o t n = .217095.1AIC February 16, 2020 (11:48am) s k m e - 8 - e a tn "29-13-5.e d r e l u [ A d SEC/SB 202 Chapter 289, Section 5, as amended) is amended to read:

DETERMINATION"29-13-5. OF NEEDS--REVIEW.--No later than m m 21 e d May 1 of each year, the division shall notify in writing each r e 22 c e r c 23 affected municipal police, school district police , university e a n b 24 police, tribal police and county sheriff's department, the u [ department of public safety and the academy of its .217095.1 - 8 - SEC/SB 202 determination of money to be distributed pursuant to the provisions of Section 29-13-4 NMSA 1978.

DETERMINATION OF NEEDS--REVIEW.--No later than May 1 of each year, the division shall notify in writing each affected municipal police, school district police , university police, tribal police and county sheriff's department, the department of public safety and the academy of its determination of money to be distributed pursuant to the provisions of Section 29-13-4 NMSA 1978.

If no appeal is filed, the h original determination of the division shall be final and g o binding and not subject to further review." t hr g e i k SECTION 6.

Section 29-13-7 NMSA 1978 (being Laws 1983, h r i s Chapter 289, Section 7, as amended) is amended to read:

h , t, "29-13-7.

EXPENDITURE LIMITATION--CONTROL.-- e u g e b l A.

Except as provided for the academy and the e e 17h n d d i = = o h department of public safety in [Subsection] Subsections B and C el e] nb d,d 18i a º e of this section, amounts distributed from the fund shall be =r i = lr ]t 19e w d expended only for the following:

am l r i 20 (1) the repair and purchase of law enforcement t e a tn apparatuso andd equipment, including the financing and m m: 21 e d refinancing thereof, that meet minimum nationally recognized r e 22 c e r c 23 standards;

b e d s º o t n = .217095.1AIC February 16, 2020 (11:48am) s k m e - 9 - e a n be 24d (2)r e l u [ A d SEC/SB 202 (1) the repair and purchase of law enforcement equipment,apparatus uand [equipment, including protectivethe vests,financing forand policerefinancing dogs;thereof, that meet minimum nationally recognized standards;

.217095.1(2) -the 9purchase -of SEC/SBlaw 202enforcement (3)equipment, expensesincluding associatedprotective withvests, advancedfor lawpolice enforcementdogs; planning and training;

(3) expenses associated with advanced law enforcement planning and training;

(6) no more than fifty percent of the h replacement salaries of municipal and county law enforcement g o personnel of municipalities or counties [rated as class 1 in t hr g e Paragraph (1) of Subsection C of Section 29-13-4 NMSA 1978] i k h r i s participating in basic law enforcement training;

and h , t, (7) contingent upon the availability of e u g e b l funding and until June 30, 2021, a law enforcement officer e e 17h n d d i = = o h retention payment in the amount of seven thousand five hundred el e] nb d,d 18i a º e dollars ($7,500);

=r i = lr ]t 19e w d (a) the distribution is requested by a a l r i 20 municipality or county law enforcement agency that on January t e a t 1, 2018 had a staffing vacancy rate of at least ten percent to m m 21 e d retain a law enforcement officer who is certified in accordance r e 22 c e r c 23 with the Law Enforcement Training Act and has at least twenty e a n bo 24d yearsm of: actual service credit earned under a municipal police u [ member coverage plan as determined by the public employees .217095.1 - 10 - SEC/SB 202 retirement association;

b e d s º o t n = .217095.1AIC February 16, 2020 (11:48am) s k m e - 10 - e a n e d r e l u [ A d SEC/SB 202 municipality or county law enforcement agency that on January 1, 2018 had a staffing vacancy rate of at least ten percent 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;

For the academy, amounts distributed from the h fund shall be expended only for providing tourniquet and trauma u » r kits and training on the use of tourniquet and trauma kits t h g e pursuant to Section 29-7-7.7 NMSA 1978.

l i h r i s C.

The amount distributed to the department of h , e h public safety:

t u g e b l (1) shall:

e e 17, gh n d d i = = o h (a) be used only to offset overtime-pay- el e] nb d,d 18i a º r related expenses incurred directly by the department of public =e r = lt ]e 19w d safety from the special deployment of state patrolSFCºpatrol»SFC officersm or a ln ro id 20 other emergency assistance to counties or municipalities in t e a t response to critical circumstances as authorized by the m m: 21 e d governor;

andb r e 22t cº eo rt cn 23= (b).217095.1AIC notFebruary be16, expended2020 to(11:48am) hires newk m e - 11 - e a n be 24d personnel;r e l u [ A d SEC/SB 202 SFCºpolice»SFC officers or other emergency assistance to counties or municipalities in response to critical circumstances as authorized by the governor;

and u(b) [not (2) may be expended forto costs,hire includingnew .217095.1personnel; - 11 - SEC/SB 202 travel, fuel, overtime, per diem and ammunition.

[C.]and D.(2) may be expended for costs, including travel, fuel, overtime, per diem and ammunition.

Amounts[C.] D.Amounts distributed from the fund shall be expended only pursuant to approved budgets and upon duly executed vouchers approved as required by law." -SFCº 12SECTION -7. 7 9 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217095.1

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.»SFC - 12 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .217095.1AIC February 16, 2020 (11:48am) s k m e e a n e d r e l u [ A d