46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO LAW ENFORCEMENT; ALLOWING THE DEPARTMENT OF PUBLIC SAFETY TO RETAIN CERTAIN FUNDS FOR TRAINING PROGRAMS; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 29-7-12 NMSA 1978 (being Laws 1981, Chapter 114, Section 12, as amended) is amended to read:

"29-7-12. CHARGES--FUND CREATED--USE.--

A. The training and recruiting division of the department of public safety shall not charge local public bodies and New Mexico Indian tribes and pueblos for any expenses associated with providing basic law enforcement training programs to applicants for certification seeking commission pursuant to the provisions of the Law Enforcement Training Act. The division may charge state agencies and institutions and federal agencies and shall charge civilian participants for the cost of providing basic law enforcement training programs, which charges shall be specified in a tuition and fee schedule promulgated by the [New Mexico law enforcement academy] board and shall not exceed the actual cost of providing the training programs.

B. The training and recruiting division of the department of public safety may charge state agencies and institutions, local public bodies, New Mexico Indian tribes and pueblos and federal agencies and shall charge civilian participants for the cost of providing advanced training programs, which charges shall be specified in a tuition and fee schedule promulgated by the [New Mexico law enforcement academy] board and shall not exceed the actual cost of providing the training programs.

C. The training and recruiting division of the department of public safety may charge for the rental or other use of the academy's facility, personnel and equipment, which charges shall be specified in a tuition and fee schedule promulgated by the [New Mexico law enforcement academy] board and shall not exceed the actual cost of the facility, personnel or equipment.

D. The "law enforcement training and recruiting fund" is created in the state treasury. Money received by the training and recruiting division of the department of public safety for activities specified in this section shall be deposited in the fund. The department of public safety shall administer the fund, and money in the fund is appropriated to the division to offset the operational costs of the division and to support the training programs of the division. Unexpended or unencumbered balances in the fund shall not revert to the general fund at the end of a fiscal year. Money shall be expended on warrants issued by the secretary of finance and administration upon vouchers signed by the secretary of public safety or his authorized representative.

E. As used in this section, "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions."