HOUSE BILL 703
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Richard D. Vigil
AN ACT
RELATING TO LAW ENFORCEMENT; CHANGING THE NAME OF THE TRAINING AND RECRUITING DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY; CHANGING REPORTING REQUIREMENTS OF THE DIRECTOR OF THE DIVISION; EXPANDING THE POWERS AND DUTIES OF THE DIRECTOR OF THE DIVISION; PROVIDING FOR THE PRIORITIZED SCHEDULING OF ALL NEW MEXICO LAW ENFORCEMENT ACADEMY FACILITIES; AMENDING SECTIONS OF THE NMSA 1978.
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". The department shall be a cabinet department and shall consist of, but not be limited to, five program divisions, an administrative division and an information technology division as follows:
A. the New Mexico state police division;
B. the special investigations division;
C. the New Mexico law enforcement academy training and recruiting division;
D. the technical and emergency support division;
E. the administrative services division;
F. the motor transportation division; and
G. the information technology 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, 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, with the exception of the New Mexico law enforcement academy training and recruiting division. The director of the New Mexico law enforcement academy training and recruiting division shall retain the final decision-making authority and responsibility, with the approval of the New Mexico law enforcement academy board of directors, for the division as set forth in Section 9-19-9 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 of the commissioned officers and civilian personnel, including all communications equipment operators, of the New Mexico state police uniform division and the commissioned officers and civilian personnel of the New Mexico state police criminal division 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.
C. The special investigations division shall consist of the staff of the governor's organized crime prevention commission, the enforcement personnel of the [department of alcoholic beverage control] alcohol and gaming division of the regulation and licensing department 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 division is responsible for the enforcement of the Bingo and Raffle Act and the Liquor Control Act.
D. The technical and emergency support division shall consist of the [emergency planning and coordination bureau of the department of public safety, the personnel of the hazardous materials emergency response program or plan] office of emergency management of the department of public safety and [such] other functions such as communications, crime laboratory and records.
E. The New Mexico law enforcement academy training and recruiting division shall consist of the personnel of the New Mexico law enforcement academy [the New Mexico state police training division and all other training personnel and functions of the department as the secretary may transfer to this division].
F. The administrative services division shall consist of the administrative services and services divisions of the New Mexico state police and those administrative support personnel of the other existing departments, divisions or offices as the secretary deems necessary."
Section 3. Section 9-19-9 NMSA 1978 (being Laws 1987, Chapter 254, Section 9) is amended to read:
"9-19-9. DIRECTORS.--The secretary shall appoint, with the approval of the governor, directors of the divisions as are established within the department; provided, the director of the New Mexico state police division shall be titled the "chief of the New Mexico state police". The director of the New Mexico law enforcement academy training and recruiting division shall report directly to the governor and the New Mexico law enforcement academy board to allow the division to maintain autonomy consistent with the division's purpose as set forth in Section 29-7-2 NMSA 1978. The positions so appointed are exempt from the Personnel Act."
Section 4. Section 29-7-2 NMSA 1978 (being Laws 1969, Chapter 264, Section 2, as amended) is amended to read:
"29-7-2. ACADEMY ESTABLISHED.--The "New Mexico law enforcement academy" is established to provide a planned program of basic law enforcement training and in-service law enforcement training for police officers and to furnish instruction and seminars to constantly upgrade law enforcement within the state. The New Mexico law enforcement academy training and recruiting division, a division of the department of public safety, is responsible for the scheduling of all law enforcement academy facilities by prioritizing those facilities' schedules to meet the needs, first and foremost, of the New Mexico law enforcement academy. Preference will then be provided to other state law enforcement agencies or other organizations as space is available."
Section 5. Section 29-7-5 NMSA 1978 (being Laws 1969, Chapter 264, Section 7, as amended) is amended to read:
"29-7-5. POWERS AND DUTIES OF THE DIRECTOR.--
A. The director shall:
[A.] (1) be the chief executive officer of the academy and employ necessary personnel;
(2) be a commissioned officer;
(3) be bonded as provided in the Surety Bond Act;
(4) be confirmed by the senate;
[B.] (5) issue a certificate of completion to any person who:
[(1)] (a) graduates from an approved basic law enforcement training program and who satisfies the qualifications for certification as set forth in Section 29-7-6 NMSA 1978; or
[(2)] (b) graduates from an approved basic telecommunicator training program and who satisfies the qualifications for certification as set forth in the Public Safety Telecommunicator Training Act;
[C.] (6) perform all other acts necessary and appropriate to the carrying out of [his] the director's duties;
[D.] (7) act as executive secretary to the board;
[E.] (8) carry out the policy as set by the board; and
[F.] (9) annually evaluate the courses of instruction being offered by the academy and make necessary modifications and adjustments to the programs.
B. The director of the New Mexico law enforcement academy training and recruiting division may execute and deliver to each certified law enforcement instructor proper pocket commissions as emergency state commissioned law enforcement officers. Such commissions shall bear the written approval of the director of the New Mexico law enforcement academy training and recruiting division. Each such commission shall automatically expire. New commissions shall be issued and delivered upon each change in the directorship of the New Mexico law enforcement academy training and recruiting division or change in governorship."
- 7 -