SB0013

SENATE BILL 13

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Antonio Maestas and Joseph Cervantes

AN ACT

RELATING TO PUBLIC SAFETY; CREATING THE PUBLIC SAFETY RECRUITMENT BUREAU OF THE NEW MEXICO LAW ENFORCEMENT ACADEMY; PROVIDING POWERS AND DUTIES; PROVIDING FOR THE DEVELOPMENT OF A CENTRALIZED PUBLIC SAFETY RECRUITMENT WEBSITE THAT PROVIDES A ONE-STOP PORTAL FOR STATE AND LOCAL LAW ENFORCEMENT AND SAFETY AGENCIES TO ADVERTISE EMPLOYMENT OPPORTUNITIES; PROVIDING FOR THE DEVELOPMENT OF A MEDIA CAMPAIGN TO RECRUIT LAW ENFORCEMENT AND TELECOMMUNICATOR CAREER CANDIDATES; CREATING AN ADVISORY COMMITTEE; REQUIRING LAW ENFORCEMENT AGENCIES TO HAVE PLANS TO RECRUIT MORE WOMEN INTO LAW ENFORCEMENT AND TO PROVIDE MENTORSHIP AND PEER ASSISTANCE PROGRAMS FOR NEWLY TRAINED AND OTHER LAW ENFORCEMENT OFFICERS; INCLUDING TELECOMMUNICATORS IN THE LAW ENFORCEMENT RETENTION FUND; PROVIDING FUNDING FOR THE NEW MEXICO LAW ENFORCEMENT STANDARDS AND TRAINING COUNCIL TO DEVELOP NEW CURRICULA FOR TELECOMMUNICATORS; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 9-19-14 NMSA 1978 (being Laws 2022, Chapter 56, Section 36) is amended to read:

"9-19-14. LAW ENFORCEMENT RETENTION FUND--CREATED--RETENTION DIFFERENTIAL DISBURSEMENT--REPORTING.--

A. The "law enforcement retention fund" is created in the state treasury. The fund consists of money appropriated by the legislature, federal money granted to the state for the purposes of the fund, income from investment of the fund 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. The department shall administer the fund to provide:

(1) retention differential disbursements for law enforcement officers and telecommunicators meeting certain levels of tenure; and

(2) support for disbursement administration processes and reporting compliance.

B. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety.

C. Contingent on the completion of reporting requirements provided in Subsection G of this section, the department shall determine and distribute annually the amount necessary [to provide to a law enforcement agency for the purpose of providing a] for law enforcement and safety agencies to provide retention differential [disbursement] disbursements to law enforcement officers or telecommunicators employed by [that] the law enforcement or safety agency. A law enforcement or safety agency shall expend funding received for no other purpose than that permitted by this section, and any unexpended balance received by a law enforcement or safety agency pursuant to this section at the end of a fiscal year shall revert to the law enforcement retention fund. The department shall monitor the use of funding and ensure the proper reversions to the law enforcement retention fund.

D. A law enforcement officer or telecommunicator shall receive a retention differential disbursement in the amount of five percent of the law enforcement officer's or telecommunicator's salary upon reaching four, nine, fourteen and nineteen years of service from the anniversary of the law enforcement officer's or telecommunicator's date of hire with that law enforcement agency or safety agency; provided that:

(1) the law enforcement officer or telecommunicator remains employed as a law enforcement officer or telecommunicator with that same law enforcement or safety agency for one additional year; and

(2) the retention differential disbursement shall be calculated based on the salary of the law enforcement officer or telecommunicator on those dates.

E. After the calculations for retention differential disbursements are made in accordance with Subsection D of this section, if the balance in the fund is insufficient to permit the total disbursements provided by Subsection D of this section, the department shall reduce that allocation to the maximum amount permitted by available money in the fund.

F. The amount provided for a retention differential disbursement shall include the amount of employer tax liabilities, which shall be paid by the employer at the time the retention differential disbursement is provided to the law enforcement officer or telecommunicator.

G. To receive funding pursuant to Subsection C of this section, a law enforcement or safety 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:

(1) the number of law enforcement officers or telecommunicators that are projected to become eligible for a retention differential disbursement in the upcoming fiscal year and the projected amount of the retention differential disbursement, including any employer tax liabilities;

(2) the number of law enforcement officers or telecommunicators employed by the law enforcement or safety agency for the last five years;

(3) the number of years of service of each law enforcement officer or telecommunicator employed by the law enforcement or safety agency;

(4) the number of law enforcement officers or telecommunicators that left the employ of the law enforcement or safety agency in the last year and the stated reasons why each law enforcement officer or telecommunicator left the employ of the law enforcement or safety agency;

(5) the number of years of service of each law enforcement officer or telecommunicator that left the employ of the law enforcement or safety agency in the last year;

(6) the number of applicants to the law enforcement or safety agency in the last year;

(7) the number of applicants to the law enforcement or safety agency in the last year that attended a law enforcement academy;

(8) the number of law enforcement officers or telecommunicators that received one or more certifications in the last year;

(9) the number of law enforcement officers or telecommunicators added to the law enforcement or safety agency via lateral transfer and the years of service of each law enforcement officer or telecommunicator at each previous law enforcement or safety agency;

(10) any changes to compensation, recruiting, retention or benefits implemented by the law enforcement or safety agency in the last year; and

(11) any other information that is used for determining retention rates unless disclosure of such information is otherwise prohibited by law.

H. The department shall:

(1) provide forms, standards and procedures and related training to law enforcement and safety agencies as necessary for the agencies to report retention information;

(2) maintain the privacy and security of information in accordance with applicable state and federal laws; and

(3) adopt and promulgate rules as necessary to implement the provisions of this section.

I. The annual report and other statistical data reports generated by the department shall include an evaluation of a program's efficacy in law enforcement and telecommunicator retention and shall be made available to law enforcement and safety agencies and the public.

J. The department shall provide monthly reports to the department of finance and administration and the legislative finance committee about expenditures from the law enforcement retention fund, including an itemized list of expenditures and the balance remaining in the fund.

K. The department may waive reporting information required by a law enforcement or safety agency pursuant to Subsection G of this section; provided that the department shall provide an explanation of its decision in writing.

L. The department shall submit an annual report providing information collected pursuant to Subsection G of this section to the governor and the legislature no later than December 15 of each year.

M. As used in this section:

(1) "law enforcement agency" means an agency of the state or [local] political subdivision of the state that employs certified law enforcement officers or the police department of a tribe that has entered into an agreement with the department pursuant to Section 29-1-11 NMSA 1978;

(2) "law enforcement officer" means [a full-time salaried public employee of a law enforcement agency, or a certified part-time salaried police officer employed by a law enforcement agency, whose principal duties under law are to hold in custody any person accused of a criminal offense, to maintain public order or to make arrests for crimes; and] any commissioned and certified employee of a law enforcement agency, which employee is responsible for maintaining the public peace and investigating crimes for referral to a district attorney or tribal or federal authority and enforcing state laws or local ordinances by ticketing, arresting and charging violators within the law enforcement agency's jurisdiction;

(3) "retention differential disbursement" means the amount disbursed from the law enforcement retention fund based on a law enforcement officer's or telecommunicator's service at a law enforcement or safety agency but is not considered salary for the purpose of calculating retirement benefits;

(4) "safety agency" means a unit of state or local government or political subdivision that provides police, firefighting or emergency medical services; and

(5) "telecommunicator" means an employee or volunteer of a safety agency who:

(a) receives calls or dispatches the appropriate personnel or equipment in response to calls for police, fire or medical services; and

(b) makes decisions affecting the life, health or welfare of the public or safety employees."

SECTION 2. A new section of the Law Enforcement Training Act is enacted to read:

"[NEW MATERIAL] PUBLIC SAFETY RECRUITMENT BUREAU--CREATED--CENTRALIZED LAW ENFORCEMENT AND TELECOMMUNICATORS RECRUITMENT WEBSITE--RECRUITMENT MEDIA CAMPAIGN--ADVISORY COMMITTEE--MENTORSHIP PROGRAMS.--

A. As used in this section, "participating agency" means a law enforcement agency or safety agency.

B. The "public safety recruitment bureau" is created in the academy to assist the state and political subdivisions of the state in their efforts to recruit and retain law enforcement officers.

C. The bureau shall establish and maintain a centralized law enforcement and telecommunicator recruitment website as a one-stop portal for participating agencies to advertise employment opportunities and assist interested persons to find employment in law enforcement or as a telecommunicator.

D. A participating agency shall advertise employment opportunities on the website or, if the participating agency has the resources to manage its own recruitment website, provide a link to that website. Persons interested in a law enforcement or telecommunicator career may search the website for employment information by geographic location, type of agency, type of job and other search capabilities provided on the website.

E. The bureau shall promulgate rules pertaining to the use and functions of the website and participation by local law enforcement and safety agencies and design website forms for use by participating agencies that contain:

(1) each participating agency's role and responsibilities;

(2) the job descriptions and qualifications of open positions; and

(3) other information the participating agency provides that describes the benefits of employment with the participating agency.

F. The bureau shall keep the website current with correct information.

G. The website shall include a standardized initial application form, which shall be filled out by a potential applicant and transmitted to each participating agency requested by the applicant.

H. The bureau, with the assistance of the marketing excellence bureau of the marketing division of the tourism department, shall develop a comprehensive media campaign to attract applicants to law enforcement or telecommunicator career opportunities in New Mexico. The campaign shall include the development of a media strategy to reach potential candidates.

I. The secretary of public safety shall appoint an advisory committee to advise the bureau in its website and media campaign developments. The advisory committee shall include two members of the council; two members of the board; representatives of state, urban, suburban and rural law enforcement and safety agencies; and other members as determined by the secretary.

J. The bureau shall adopt mentoring guidelines and provide support to law enforcement agencies in developing their own mentoring, coaching and peer assistance programs for newly certified and other law enforcement officers as a means to retain and support officers in their law enforcement careers.

K. All law enforcement agencies shall prepare a plan to recruit law enforcement officers from underrepresented demographic groups to ensure force diversity. Each plan shall include the goal of having at least thirty percent of the law enforcement agency's force be women by 2030 and strategies to accomplish that goal."

SECTION 3. Section 29-7-7 NMSA 1978 (being Laws 1981, Chapter 114, Section 6, as amended) is amended to read:

"29-7-7. DEFINITIONS.--For the purpose of the Law Enforcement Training Act:

A. "academy" means the New Mexico law enforcement academy;

B. "basic law enforcement training" means a course consisting of not less than four hundred hours of instruction in basic law enforcement training as required by the Law Enforcement Training Act;

C. "board" means the law enforcement certification board;

D. "conviction" means an adjudication of guilt [or a plea of no contest] and includes [convictions] sentences that are suspended or deferred;

E. "council" means the New Mexico law enforcement standards and training council;

F. "director" means the director of the division;

G. "division" means the New Mexico law enforcement academy of the department of public safety;

H. "in-service law enforcement training" means a course of instruction required of all certified peace officers and designed to train and equip all police officers in the state with specific law enforcement skills and to ensure the continuing development of all police officers in the state. The training and instruction shall be kept current and employ best practices, and may be conducted on a regional basis at the discretion of the director;

I. "law enforcement agency" means an agency of the state or [local] political subdivision of the state that employs certified law enforcement officers or law enforcement officers of the police department of a tribe that has entered into an agreement with the department of public safety pursuant to Section 29-1-11 NMSA 1978;

J. "[police] law enforcement officer" means [any] a commissioned employee of a law enforcement agency that is part of or administered by the state or [any] a political subdivision of the state, and includes [any] an employee of a missile range civilian police department who is a graduate of a recognized certified regional law enforcement training facility and who is currently certifiable by the academy, which employee is responsible for [the prevention and detection of crime or the enforcement of the penal, or traffic or highway laws of this state] investigating crimes for referral to a district attorney or tribal or federal authority. The term specifically includes deputy sheriffs. Sheriffs are eligible to attend the academy and are eligible to receive certification as provided in the Law Enforcement Training Act. As used in this subsection, "commissioned" means an employee of a law enforcement agency who is authorized by a sheriff or chief of police to [apprehend], arrest, charge and bring before the court all violators within the law enforcement agency's jurisdiction; [and]

K. "certified regional law enforcement training facility" means a law enforcement training facility within the state certified by the director, with the approval of the [academy's board of directors] law enforcement certification board, that offers basic law enforcement training and in-service law enforcement training that is comparable to or exceeds the standards of the programs of the academy;

L. "safety agency" means a unit of state or local government or political subdivision that provides police, firefighting or emergency medical services; and

M. "telecommunicator" means an employee or volunteer of a safety agency who:

(1) receives calls or dispatches the appropriate personnel or equipment in response to calls for police, fire or medical services; and

(2) makes decisions affecting the life, health or welfare of the public or safety employees."

SECTION 4. APPROPRIATIONS.--The following amounts are appropriated from the general fund to the department of public safety for expenditure in fiscal years 2025 and 2026 to carry out the following purposes. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall revert to the general fund:

A. five hundred thousand dollars ($500,000) for public safety recruitment bureau salaries and benefits; and office space, equipment, furniture and supplies;

B. two hundred fifty thousand dollars ($250,000) for the development and implementation of the centralized law enforcement and telecommunicator recruitment website;

C. five million two hundred fifty thousand dollars ($5,250,000) for the development and implementation of the recruitment media strategy, including media consultants and advertising purchases;

D. three hundred twenty-five thousand dollars ($325,000) for the public safety recruitment bureau to work with law enforcement agencies and school districts to plan and offer outreach programs and field trips to the New Mexico law enforcement academy to encourage female high school students to pursue law enforcement careers;

E. two hundred fifty thousand dollars ($250,000) for the public safety recruitment bureau to adopt guidelines and assist law enforcement agencies to implement mentoring, coaching and peer assistance programs;

F. five hundred thousand dollars ($500,000) to expand the law enforcement retention fund to include public safety telecommunicators; and

G. three hundred thousand dollars ($300,000) for the New Mexico law enforcement standards and training council to develop new basic and in-service training for telecommunicators.

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