0001| HOUSE BILL 437
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LAW ENFORCEMENT; AUTHORIZING A DISTRIBUTION OF
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0012| MONEY FROM THE LAW ENFORCEMENT PROTECTION FUND TO UNIVERSITY
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0013| POLICE DEPARTMENTS; MAKING AN APPROPRIATION; DECLARING AN
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0014| EMERGENCY.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 29-13-2 NMSA 1978 (being Laws 1983,
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0018| Chapter 289, Section 2, as amended) is amended to read:
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0019| "29-13-2. PURPOSE OF ACT.--The purpose of the Law
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0020| Enforcement Protection Fund Act is to provide for the
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0021| equitable distribution of money to municipal [and] police,
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0022| university police, tribal police and county sheriff's
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0023| departments for use in the maintenance and improvement of
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0024| those departments in order to enhance the efficiency and
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0025| effectiveness of law enforcement services."
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0001| Section 2. Section 29-13-2.1 NMSA 1978 (being Laws 1993,
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0002| Chapter 179, Section 4) is amended to read:
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0003| "29-13-2.1. DEFINITIONS.--As used in the Law Enforcement
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0004| Protection Fund Act:
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0005| A. "division" means the local government division
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0006| of the department of finance and administration;
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0007| B. "fund" means the law enforcement protection
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0008| fund;
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0009| C. "governmental entity" means a municipality,
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0010| university, tribe or pueblo or a county; [and]
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0011| D. "tribal police department" means any tribal or
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0012| pueblo police department that has entered into an agreement
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0013| with the department of public safety pursuant to Section
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0014| 29-1-11 NMSA 1978; and
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0015| E. "university" means a four-year post-secondary
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0016| institution listed in Article 12, Section 11 of the
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0017| constitution of New Mexico."
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0018| Section 3. Section 29-13-4 NMSA 1978 (being Laws 1993,
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0019| Chapter 179, Section 6) is amended to read:
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0020| "29-13-4. DETERMINATION OF NEEDS AND RATE OF
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0021| DISTRIBUTION.--
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0022| A. Annually on or before April 15, the division
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0023| shall:
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0024| (1) consider and determine the relative needs
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0025| as requested by municipal and university police and county
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0001| sheriff's departments for money in the fund pursuant to the
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0002| provisions of Subsection B of this section; and
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0003| (2) calculate the amount of consideration due
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0004| a tribal police department pursuant to the provisions of
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0005| Paragraph (10) of Subsection C of Section 29-1-11 NMSA 1978.
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0006| B. The division shall determine the rate of
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0007| distribution of money in the fund to each municipal and
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0008| university police and county sheriff's department as follows:
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0009| (1) all municipal police and county sheriff's
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0010| departments shall be rated by class pursuant to this paragraph
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0011| in accordance with populations established by the most
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0012| recently completed decennial census; provided that the
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0013| population of any county shall not include the population of
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0014| any municipality within that county that has a municipal
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0015| police department. The rate of distribution to which a
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0016| municipal police or county sheriff's department is entitled is
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0017| the following:
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0018| CLASS POPULATION AMOUNT
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0019| 1 0 to 20,000 $17,000
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0020| 2 20,001 to 160,000 30,000
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0021| 3 160,001 to 1,280,000 40,000;
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0022| [and]
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0023| (2) university police departments shall be
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0024| entitled to a rate of distribution of seventeen thousand
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0025| dollars ($17,000); and
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0001| [(2)] (3) municipal and university
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0002| police and county sheriff's departments shall be entitled,
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0003| unless allocations are adjusted pursuant to the provisions of
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0004| Subsection C of this section, to three hundred dollars ($300)
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0005| for each police officer or sheriff's deputy employed full time
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0006| by his department who has been certified by the New Mexico
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0007| law enforcement academy [pursuant to the provisions of
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Section 29-7-8 NMSA 1978] as a police officer or has been
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0009| authorized to act as a New Mexico peace officer pursuant to
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0010| the provisions of Section 29-1-11 NMSA 1978.
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0011| C. After distributions are determined in
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0012| accordance with Paragraph (2) of Subsection A and [Paragraph
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(1)] Paragraphs (1) and (2) of Subsection B of this
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0014| section, if the balance in the fund is insufficient to permit
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0015| the total allocations provided by Paragraph [(2)] (3) of
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0016| Subsection B of this section, the division shall reduce that
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0017| allocation to the maximum amount permitted by available
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0018| money."
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0019| Section 4. Section 29-13-5 NMSA 1978 (being Laws 1983,
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0020| Chapter 289, Section 5, as amended) is amended to read:
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0021| "29-13-5. DETERMINATION OF NEEDS--REVIEW.--No later than
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0022| May 1 of each year, the division shall notify in writing each
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0023| affected municipal [and] police, university police, tribal
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0024| police and county sheriff's department of its determination of
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0025| money to be distributed pursuant to the provisions of Section
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0001| 29-13-4 NMSA 1978. Any affected department may appeal that
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0002| determination by filing a notice of appeal with the secretary
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0003| of finance and administration no later than May 15. If an
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0004| appeal is filed, the secretary of finance and administration
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0005| shall review the determination of the division in an informal
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0006| and summary proceeding and shall certify the result of the
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0007| appeal to the division no later than June 30, and the division
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0008| shall adjust its determination accordingly. If no appeal is
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0009| filed, the original determination of the division shall be
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0010| final and binding and not subject to further review."
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0011| Section 5. Section 29-13-6 NMSA 1978 (being Laws 1983,
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0012| Chapter 289, Section 6, as amended) is amended to read:
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0013| "29-13-6. DISTRIBUTION OF LAW ENFORCEMENT PROTECTION
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0014| FUND.--
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0015| A. Annually on or before July 31, the state
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0016| treasurer shall distribute from the fund the amounts certified
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0017| by the division to be distributed to municipalities,
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0018| universities and counties. Payments shall be made to the
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0019| treasurer of the appropriate governmental entity.
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0020| B. The state treasurer is authorized to redirect a
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0021| distribution to the New Mexico finance authority in an amount
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0022| certified by the division, pursuant to an ordinance or a
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0023| resolution passed by the municipality or county and a written
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0024| agreement of the municipality or county and the New Mexico
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0025| finance authority.
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0001| C. Annually on or before July 31, the state
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0002| treasurer shall distribute from the excess money remaining in
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0003| the fund after distributions pursuant to Subsection A of this
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0004| section are made, money certified by the division to be
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0005| distributed to tribes and pueblos. Payment shall be made to
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0006| the chief financial officer of the tribe or pueblo. If
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0007| necessary, the fund may be decreased below the level of one
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0008| hundred thousand dollars ($100,000) to enable payment to the
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0009| tribes and pueblos. If insufficient money remains in the fund
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0010| to fully compensate the tribes and pueblos, a report shall be
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0011| made to the New Mexico office of Indian affairs and to an
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0012| appropriate interim committee of the legislature that reviews
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0013| issues having impact on tribes and pueblos in New Mexico by
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0014| September 1 of the year of the shortfall."
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0015| Section 6. EMERGENCY.--It is necessary for the public
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0016| peace, health and safety that this act take effect
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0017| immediately.
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0018|
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