44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO FINANCE; AMENDING THE LAW ENFORCEMENT PROTECTION FUND ACT; CREATING THE LAW ENFORCEMENT COMMUNICATIONS ACCESS FUND; AUTHORIZING THE ISSUANCE OF BONDS BY THE NEW MEXICO FINANCE AUTHORITY; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. Section 29-13-2 NMSA 1978 (being Laws 1983, Chapter 289, Section 2, as amended) is amended to read:

"29-13-2. PURPOSE OF ACT.--The purpose of the Law Enforcement Protection Fund Act is to provide for the equitable distribution of money to municipal police, university police, tribal police and county sheriff's departments for use in the maintenance and improvement of those departments and to the New Mexico finance authority and general services department in order to enhance the efficiency and effectiveness of law enforcement services."

Section 2. Section 29-13-2.1 NMSA 1978 (being Laws 1993, Chapter 179, Section 4, as amended) is amended to read:

"29-13-2.1. DEFINITIONS.--As used in the Law Enforcement Protection Fund Act:

A. "department" means the general services department;

[A.] B. "division" means the local government division of the department of finance and administration;

[B.] C. "fund" means the law enforcement protection fund;

[C.] D. "governmental entity" means a municipality, university, tribe or pueblo or a county;

[D.] E. "tribal police department" means any tribal or pueblo police department that has entered into an agreement with the department of public safety pursuant to Section 29-1-11 NMSA 1978; and

[E.] F. "university" means a four-year post-secondary institution listed in Article 12, Section 11 of the constitution of New Mexico."

Section 3. Section 29-13-3 NMSA 1978 (being Laws 1983, Chapter 289, Section 3, as amended) is amended to read:

"29-13-3. DISTRIBUTION OF CERTAIN INSURANCE DEPARTMENT COLLECTIONS--LAW ENFORCEMENT PROTECTION FUND CREATED.--There is created in the state treasury the "law enforcement protection fund" and the "law enforcement communications access fund". Ten percent of all money received for fees, licenses, penalties and taxes from life, general casualty and title insurance business pursuant to the New Mexico Insurance Code shall be paid daily to the state treasurer and by him credited to the law enforcement protection fund. On or before June 30 of each year, the state treasurer shall transfer to the [general] law enforcement communications access fund any balance in the law enforcement protection fund in excess of one hundred thousand dollars ($100,000) that is not obligated for distribution pursuant to Section 29-13-4 NMSA 1978, and that is in excess of the amount certified by the division to be distributed from that fund pursuant to Section 29-13-6 NMSA 1978."

Section 4. Section 29-13-4 NMSA 1978 (being Laws 1993, Chapter 179, Section 6) is amended to read:

"29-13-4. DETERMINATION OF NEEDS AND RATE OF DISTRIBUTION.--

A. Annually on or before April 15, the division shall:

(1) consider and determine the relative needs as requested by municipal and university police and county sheriff's departments for money in the fund pursuant to the provisions of Subsection B of this section; [and]

(2) calculate the amount of consideration due a tribal police department pursuant to the provisions of Paragraph (10) of Subsection C of Section 29-1-11 NMSA 1978; and

(3) determine, after consultation with the New Mexico finance authority, the amount needed to pay principal, interest and other expenses related to bonds issued by the finance authority for the benefit of the department and coming due or to be paid in the succeeding fiscal year.

B. The division shall determine the rate of distribution of money in the fund to each municipal and university police and county sheriff's department as follows:

(1) all municipal police and county sheriff's departments shall be rated by class pursuant to this paragraph in accordance with populations established by the most recently completed decennial census; provided that the population of any county shall not include the population of any municipality within that county that has a municipal police department. The rate of distribution to which a municipal police or county sheriff's department is entitled is the following:

CLASS POPULATION AMOUNT

1 0 to 20,000 $17,000

2 20,001 to 160,000 30,000

3 160,001 to 1,280,000 40,000;

(2) university police departments shall be entitled to a rate of distribution of seventeen thousand dollars ($17,000); and

(3) municipal and university police and county sheriff's departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection C of this section, to three hundred dollars ($300) for each police officer or sheriff's deputy employed full time by his department who has been certified by the New Mexico law enforcement 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.

C. After distributions are determined in accordance with Paragraph (2) of Subsection A and Paragraphs (1) and (2) of Subsection B of this section, if the balance in the fund is insufficient to permit the total allocations provided by Paragraph (3) of Subsection B of this section, the division shall reduce that allocation to the maximum amount permitted by available money."

Section 5. Section 29-13-5 NMSA 1978 (being Laws 1983, Chapter 289, Section 5, as amended) is amended to read:

"29-13-5. DETERMINATION OF NEEDS--REVIEW.--No later than May 1 of each year, the division shall notify in writing each affected municipal police, university police, tribal police, [and] county sheriff's department and the New Mexico finance authority of its determination of money to be distributed pursuant to the provisions of Section 29-13-4 NMSA 1978. Any affected department or the New Mexico finance authority may appeal that determination by filing a notice of appeal with the secretary of finance and administration no later than May 15. 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 division no later than June 30, and the division shall adjust its determination accordingly. If no appeal is filed, the original determination of the division shall be final and binding and not subject to further review."

Section 6. Section 29-13-6 NMSA 1978 (being Laws 1983, Chapter 289, Section 6, as amended) is amended to read:

"29-13-6. DISTRIBUTION OF LAW ENFORCEMENT PROTECTION FUND.--

A. Annually on or before July 31 and prior to any other distribution from the fund, the state treasurer shall distribute from the fund the amount certified by the division to be distributed to the New Mexico finance authority. Payment shall be made to the chief financial officer of the New Mexico finance authority.

[A.] B. Annually on or before July 31, the state treasurer shall distribute from the fund the amounts certified by the division after the required distribution to the New Mexico finance authority to be distributed to municipalities, universities and counties. Payments shall be made to the treasurer of the appropriate governmental entity.

[B.] C. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in an amount certified by the division, pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county and the New Mexico finance authority.

[C.] D. Annually on or before July 31 and after the required distribution to the New Mexico finance authority, the state treasurer shall distribute from the excess money remaining in the fund after distributions pursuant to Subsection A of this section are made, money certified by the division to be distributed to tribes and pueblos. Payment shall be made to the chief financial officer of the tribe or pueblo. If necessary, the fund may be decreased below the level of one hundred thousand dollars ($100,000) to enable payment to the tribes and pueblos. If insufficient money remains in the fund to fully compensate the tribes and pueblos, a report shall be made to the New Mexico office of Indian affairs and to an appropriate interim committee of the legislature that reviews issues having impact on tribes and pueblos in New Mexico by September 1 of the year of the shortfall."

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

"29-13-7. EXPENDITURE LIMITATION--CONTROL.--

A. Amounts distributed from the fund to a governmental entity shall be expended only for the following:

(1) the repair and purchase of law enforcement apparatus and equipment, including the financing and refinancing thereof, that meet minimum nationally recognized standards;

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

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

(4) no more than fifty percent of the replacement salaries of municipal and county law enforcement personnel of municipalities or counties rated as Class 1 in Paragraph (1) of Subsection B of Section 29-13-4 NMSA 1978 participating in basic law enforcement training.

B. Amounts distributed from the fund to a governmental entity shall be expended only pursuant to approved budgets and upon duly executed vouchers approved as required by law.

C. Amounts distributed from the fund to the New Mexico finance authority may be expended for the payment of

principal of, interest on and other expenses or obligations related to bonds issued for the department."

Section 8. Section 29-13-8 NMSA 1978 (being Laws 1983, Chapter 289, Section 8, as amended) is amended to read:

"29-13-8. RULES AND REGULATIONS.--The division shall promulgate necessary rules and regulations to administer the provisions of the Law Enforcement Protection Fund Act governing distributions to governmental entities."

Section 9. Section 29-13-9 NMSA 1978 (being Laws 1983, Chapter 289, Section 9, as amended) is amended to read:

"29-13-9. EXPENDITURES OF MONEY DISTRIBUTED FROM THE LAW ENFORCEMENT PROTECTION FUND--WRONGFUL EXPENDITURE.--

A. Amounts distributed from the fund to a governmental entity shall be expended only for the specific purposes for which they are distributed and shall not be distributed to a governmental entity for accumulation.

B. Any person who expends or directs or permits the expenditure of any money distributed from the fund for purposes other than those expressly authorized by the Law Enforcement Protection Fund Act shall be personally liable to the state for the amount of money wrongfully expended and interest and costs. An action to recover the amount of any wrongful expenditure may be commenced by the attorney general or the district attorney upon the filing with that officer of a verified statement describing the wrongful expenditure."

Section 10. A new section of the Law Enforcement Protection Fund Act is enacted to read:

"[NEW MATERIAL] NEW MEXICO FINANCE AUTHORITY REVENUE BONDS--PURPOSE---APPROPRIATION.--

A. The New Mexico finance authority may issue and sell revenue bonds in compliance with the New Mexico Finance Authority Act in installments or at one time in an amount not exceeding seven million five hundred thousand dollars ($7,500,000) for the purpose of financing the acquisition of real property for and the design, construction, acquisition, installation, furnishing and equipping of a digital microwave communications system by the department.

B. The New Mexico finance authority may issue and sell revenue bonds authorized by this section when the secretary of general services certifies the need for issuance of the bonds. The net proceeds from the sale of the bonds are appropriated to the department for the purposes described in Subsection A of this section.

C. The money distributed annually from the fund to the New Mexico finance authority shall be pledged irrevocably for the payment of the principal, interest and other expenses or obligations related to the bonds. All distributions from the fund to the New Mexico finance authority shall be deposited in a special bond fund or account of the authority.

D. At the end of each fiscal year succeeding each annual distribution to the authority, any money remaining in the special bond fund or account, after all principal, interest and other expenses or obligations related to the bonds in that fiscal year are fully paid, shall be transferred to the state treasurer for deposit in the law enforcement communications access fund. Upon payment of all principal, interest and other expenses or obligations related to the bonds, the finance authority shall certify to the state treasurer that all obligations for the bonds issued pursuant to this section have been fully discharged and direct the state treasurer to cease distribution of money from the fund to the authority and to thereafter transfer such money to the law enforcement communications access fund.

E. Cash balances present in the law enforcement communications access fund shall be made available for appropriation. The law enforcement communications access fund shall be used to extend advanced digital communications to selected small or remote communities for law enforcement and public safety purposes. The state information technology management council shall recommend annually to the legislature those communities that have a critical need for advanced communication services for law enforcement and public safety purposes. These recommendations shall be based on requirements presented to the council by the law enforcement and public safety organizations of the affected communities, and by such other information that is made available to the council. Appropriations from this fund shall be made to the department for implementation of advanced digital communications access to community law enforcement organizations.

F. Any law authorizing the collection of money for, or the imposition or requirement of, fees, licenses, penalties and taxes from life, general casualty and title insurance business pursuant to the New Mexico Insurance Code, directing deposits into the fund or distribution of the money in the fund to the New Mexico finance authority shall not be amended, repealed or otherwise directly or indirectly modified so as to impair outstanding revenue bonds that may be secured by pledge of the distributions from the fund to the New Mexico finance authority, unless the revenue bonds have been discharged in full or provisions have been made for their full discharge."

Section 11. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.