HOUSE BILL 239

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Patricio Ruiloba

AN ACT

RELATING TO LAW ENFORCEMENT PERSONNEL; ALLOWING THE LAW ENFORCEMENT PROTECTION FUND TO BE USED BY MUNICIPALITIES AND COUNTIES FOR FIVE YEARS FOR LUMP-SUM PAYMENTS TO RETAIN CERTIFIED, UNIFORMED LAW ENFORCEMENT OFFICERS.

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

     SECTION 1. 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 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) the purchase of law enforcement equipment, including protective vests, for police dogs;

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

                (4) maintaining the balance of the peace officers' survivors fund at a minimum amount of three hundred fifty thousand dollars ($350,000);

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

                (6) 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; or

                (7) until June 30, 2021, lump-sum payments that:

                     (a) are requested by a municipality or county for the purpose of retaining uniformed law enforcement officers who: 1) perform patrol duties; 2) are certified pursuant to the Law Enforcement Training Act; and 3) have twenty or more years of actual service credit earned under a municipal police coverage plan as determined by the public employees retirement association;

                     (b) are received by a law enforcement officer pursuant to the provisions of this paragraph in an amount that is matched by a municipal or county payment to the law enforcement officer; and

                     (c) shall not constitute base salaries or wages or be considered to be salary or be used for determining pensions under the Public Employees Retirement Act.

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

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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