SENATE BILL 19
56th legislature - STATE OF NEW MEXICO - first special session, 2024
INTRODUCED BY
David M. Gallegos and William E. Sharer
AN ACT
RELATING TO SCHOOL SAFETY; CREATING THE SCHOOL SAFETY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND PRESCRIBING DUTIES; CREATING THE SCHOOL SAFETY DIVISION PROGRAM FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-19-4 NMSA 1978 (being Laws 1987, Chapter 254, Section 4, as amended) is amended to read:
"9-19-4. DEPARTMENT ESTABLISHED.--[There is created in the executive branch] The "department of public safety" is created in the executive branch. The department shall be a cabinet department and shall consist of, but not be limited to:
A. the New Mexico state police division;
B. the New Mexico law enforcement academy;
C. the technical support division;
D. the administrative services division; [and]
E. the information technology division; and
F. the school safety division."
SECTION 2. Section 9-19-7 NMSA 1978 (being Laws 1987, Chapter 254, Section 7, as amended) is amended to read:
"9-19-7. ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--
A. The organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved; [However] provided that the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-19-6 NMSA 1978. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
B. The New Mexico state police division [shall consist] consists of the commissioned officers and civilian personnel of the New Mexico state police and [such] other personnel [as may be] assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The New Mexico state police division [shall] also [include] includes:
(1) the special investigations unit, which [shall consist] consists of the enforcement personnel of the former special investigations division and civilian personnel [as may be] assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The unit is responsible for the enforcement of the New Mexico Bingo and Raffle Act and the Liquor Control Act;
(2) the training and recruiting bureau, which [shall consist] consists of the personnel of the New Mexico state police training division and all civilian personnel and functions of the department [as] the secretary may transfer to the bureau;
(3) the motor transportation police bureau, which [shall consist] consists of the enforcement and civilian personnel of the former motor transportation division. The bureau is responsible for enforcing the Motor Carrier Act, the Motor Transportation Act, the Motor Vehicle Code and the Criminal Code; and
(4) civilian employees of the former motor transportation division or the former special investigations division, who [shall be] are subject to the provisions of the Personnel Act.
C. The New Mexico law enforcement academy [shall consist] consists of personnel of the New Mexico law enforcement academy and [such] other functions [as] the secretary may transfer to it.
D. The technical support division [shall consist] consists of functions [such as] related to the crime laboratory and records and other functions the secretary may transfer to it.
E. The administrative services division [shall consist] consists of the administrative services [as] the secretary deems necessary.
F. The information technology division [shall consist] consists of [such] functions [as] related to computer and technology support [as] and other functions the secretary deems necessary.
G. The school safety division consists of personnel, commissioned officers, functions provided by law and other functions the secretary deems necessary."
SECTION 3. A new section of the Department of Public Safety Act is enacted to read:
"[NEW MATERIAL] SCHOOL SAFETY DIVISION CREATED--DIVISION DUTIES.--The "school safety division" is created in the department of public safety and, in coordination with the public education department, local school boards, charter school governing bodies, local law enforcement agencies, the New Mexico law enforcement academy and the New Mexico law enforcement standards and training council, shall:
A. assist school districts and charter schools with developing safety policies;
B. assist school districts, charter schools and local law enforcement agencies with coordinating the placement of school resource officers and recruiting school security personnel;
C. develop training curricula in collaboration with the New Mexico law enforcement academy and the New Mexico law enforcement standards and training council for school resource officers and school security personnel; and
D. administer other programs the secretary may create to provide for the physical protection of students at public schools."
SECTION 4. A new section of the Department of Public Safety Act is enacted to read:
"[NEW MATERIAL] SCHOOL SAFETY DIVISION PROGRAM FUND CREATED.--
A. The "school safety division program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, grants, distributions and gifts made to the fund and income from investment of the fund. The school safety division of the department shall administer the fund, and disbursements shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety.
B. Money in the school safety division program fund is appropriated to the school safety division of the department to provide grants to school districts and charter schools to pay for personnel services and employee benefits for school resource officers and school security personnel and reasonable costs approved by the division for recruiting and retaining school resource officers and school security personnel.
C. The school safety division of the department shall promulgate rules for the form and manner of a grant application, criteria for reviewing an application, terms of a grant agreement and other rules necessary to administer the school safety division program fund."
SECTION 5. APPROPRIATION.--Fifty million dollars ($50,000,000) is appropriated from the general fund to the school safety division program fund for expenditure in fiscal year 2025 and subsequent fiscal years to provide grants to school districts and charter schools pursuant to the purposes of the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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