HB 184 — LAW ENFORCEMENT OFFICERS AT SCHOOLS

DETERMINATIONAnnually OFon NEEDSor ANDbefore RATEApril OF15, hthe rdivision ishall sconsider DISTRIBUTION.--and hdetermine ,the t,relative eneeds uas grequested A.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 succeeding fiscal year pursuant to the provisions of Subsections C and E of this section.

Annually on or before April 15, the division e b l e e h shall consider and determine the relative needs as requested by n d d i = = o h tribal, municipal, school district and university police l ] b ,d i a º e r i = r departments , county sheriff's departments, the department of t e w d m a n o public safety and the academy for money in the fund in the d m :

b e d s º o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e - 5 - e a n e d r e l u [ A d HJC/HB 184 succeeding fiscal year pursuant to the provisions of [Subsection ] Subsections C and E of this section.

(1) all municipal police, school district police and county sheriff's departments shall be [ratedentitled by class pursuant to thisHJC/HB paragraph184/a inPage accordance5 witha populationsrate establishedof bydistribution theof mostforty-five recentlythousand completeddollars decennial($45,000); census;

provided(2) thatuniversity thepolice populationdepartments of any county shall notbe includeentitled hto ga therate population of anydistribution municipalityof withinforty-five thatthousand countydollars that($45,000); has o t hr a municipal police department.

The(3) ratethe ofacademy distributionshall tobe gentitled eto ia krate whichof adistribution municipalof policetwenty-four orthousand countyfive sheriff'shundred departmentdollars is($24,500) hto rcarry iout sthe hpurposes entitledof isSection the29-7-7.7 following:NMSA 1978;

,(4) t,tribal epolice udepartments gshall CLASSbe POPULATIONentitled, AMOUNTunless eallocations bare ladjusted epursuant e h 1 0 to 20,000the $20,000provisions nof dSubsection dD iof =this =section, o h l ] b ,d 2 20,001 to 160,000one 30,000thousand idollars a($1,000) ºfor eeach rcommissioned ipeace =officer rin 3the 160,001tribe. to 1,280,000 40,000;] t e w d m a n o entitled to a rate of distribution of forty-five thousand d m :

bTo ebe dcounted sas ºa ocommissioned tpeace nofficer =for .217044.3AICthe Februarypurposes 15,of 2020this (1:12pm)paragraph, sa kcommissioned mpeace eofficer -shall 6have -been eassigned ato nduty eand dhave rworked ein lNew uMexico [for Ano dfewer HJC/HBthan 184two dollarshundred ($45,000)days ;in the calendar year immediately prior to the date of payment.

(2)Payments university police departments shall be entitledmade tofor aonly ratethose divisions of distributionthe oftribal [seventeenpolice thousanddepartments dollarsthat ($17,000)]perform forty-fiveservices thousandin dollarsNew ($45,000);Mexico.

(3)A thetribal academypolice department shall not be entitledeligible tofor aany ratedisbursement ofunder distributionthe offund twenty-fourif thousandcommissioned fivepeace hundredofficers dollarscite ($24,500)non- toIndians carryinto out the purposestribal ofcourt Sectionfor [1civil ofor thiscriminal 2017citations; act] 29-7-7.7 NMSA 1978;

(4)(5) tribalmunicipal, school district and HJC/HB 184/a Page 6 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 [six hundred dollars ($600)] one thousand dollars ($1,000) for each commissionedpolice 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 inpursuant to the tribe.provisions of Section 29-1-11 NMSA 1978;

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 h days in the calendar year immediately prior to the date of g o t hr payment.

Payments shall be made for only those divisions of g e i k the tribal police departments that perform services in New h r i s Mexico.

A tribal police department shall not be eligible for h , t, e u g any disbursement under the fund if commissioned peace officers e b l e e h cite non-Indians into the tribal court for civil or criminal n d d i = = o h citations;

[and ] l ] b ,d i a º e r i = r (5) municipal, school district and university t e w d m a n o police and county sheriff's departments shall be entitled, d m :

b e d s º o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e - 7 - e a n e d r e l u [ A d HJC/HB 184 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 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 ] h g (3) and (6) of Subsection C of this section, if the balance in o t hr the fund is insufficient to permit the total allocations g e i k provided by Paragraphs (4) and (5) of Subsection C of this h r i s h section, the division shall reduce that allocation to the , t, e u g maximum amount permitted by available money.

e b l e e h E.

After all distributions have been made in n d d i = = o h l ] b ,d accordance with Subsections A through D of this section, and if i a º e r i = r the balance in the fund is sufficient, the department of publicHJC/HB t184/a ePage w7 dpublic m a n o safety shall be entitled to a rate of distribution of not more dthan mtwo :million dollars ($2,000,000)." SECTION 5.

b e d s º o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e - 8 - e a n e d r e l u [ A d HJC/HB 184 than two million dollars ($2,000,000).

" SECTION 5.

DETERMINATION OF NEEDS--REVIEW.--No later than May 1 of each year, the division shall notify in writing each affected municipal police, school district policepolice, , 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 an appeal is filed, the secretary of finance and administration shall review the determination of the division in an informal and summary proceeding and shall certify the result of the appeal to the h division no later than June 30, and the division shall adjust g o t hr its determination accordingly.

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

Section 29-13-7 NMSA 1978 (being Laws 1983, e b l e e h Chapter 289, Section 7, as amended) is amended to read:

n d d i = = o h "29-13-7.

EXPENDITURE LIMITATION--CONTROL.-- l ] b ,d i a º e r i = r A.

Except as provided for the academy and the tHJC/HB e184/a wPage d8 m a n o department of public safety in [Subsection] Subsections B and C dof mthis :section, amounts distributed from the fund shall be expended only for the following:

b e d s º o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e - 9 - e a n e d r e l u [ A d HJC/HB 184 of this section, amounts distributed from the fund shall be expended only for the following:

(5) complying with match or contribution requirements for the receipt of federal funds relating to h g criminal justice programs;

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

and n d d i = = o h l ] b ,d (7) contingent upon the availability of i a º e r i = r funding and until June 30, 2021, a law enforcement officer t e w d m a n o retention payment in the amount of seven thousand five hundredHJC/HB d184/a mPage :9 hundred dollars ($7,500);

b e d s º o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e - 10 - e a n e d r e l u [ A d HJC/HB 184 dollars ($7,500);

and (c) 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 h the purposes of the Public Employees Retirement Act.

g o t hr B.

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

e b l e e h C.

The amount distributed to the department of n d d i = = o h public safety:

lHJC/HB ]184/a bPage ,d10 i a º e r i = r (1) shall:

t(a) ebe wused donly mto aoffset novertime- opay-related (a)expenses beincurred useddirectly onlyby the department of public safety from the special deployment of state police officers or other emergency assistance to offsetcounties overtime-pay-or dmunicipalities min :response to critical circumstances as authorized by the governor;

b e d s º o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e - 11 - e a n e d r e l u [ A d HJC/HB 184 related expenses incurred directly by the department of public safety from the special deployment of state HAFCºpatrol»HAFC HAFCº police»HAFC officers or other emergency assistance to counties or municipalities in response to critical circumstances as authorized by the governor;

[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." HAFCº SECTION 7.

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.»HAFC2022. - 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 :

bHJC/HB r184/a ePage t11 º25 o t n = .217044.3AIC February 15, 2020 (1:12pm) s k m e e a n e d r e l u [ A d