hb0235jcs

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 235

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO PEACE OFFICERS; CHANGING THE TITLE OF THE PEACE OFFICERS', NEW MEXICO MOUNTED PATROL MEMBERS' AND RESERVE POLICE OFFICERS' SURVIVORS SUPPLEMENTAL BENEFITS ACT; ADDING CORRECTIONS OFFICERS AND JAILERS TO THE PEACE OFFICERS' SURVIVORS SUPPLEMENTAL BENEFITS ACT; PROVIDING FOR THE DESIGNATION OF A BENEFICIARY.

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

SECTION 1. Section 29-4A-1 NMSA 1978 (being Laws 1995, Chapter 59, Section 1, as amended) is amended to read:

"29-4A-1. SHORT TITLE.--Chapter 29, Article 4A NMSA 1978 may be cited as the "Peace Officers' [New Mexico Mounted Patrol Members' and Reserve Police Officers'] Survivors Supplemental Benefits Act"."

SECTION 2. Section 29-4A-2 NMSA 1978 (being Laws 1995, Chapter 59, Section 2, as amended) is amended to read:

"29-4A-2. FINDINGS--PURPOSE.--The legislature finds that peace officers throughout the state risk their lives daily to protect the [citizens] residents of New Mexico. The legislature further finds that when peace officers are killed in the line of duty, their [immediate] families can suffer grievously, both emotionally and economically. To recognize the substantial public safety benefits conferred by peace officers and in consideration of the sacrifices undertaken by these officers and their families for the [citizens] residents of New Mexico, it is the purpose of the Peace Officers' Survivors Supplemental Benefits Act to ensure that certain supplemental death benefits accrue to the [spouse and surviving children or parents, if there are no surviving children or spouse] beneficiaries of a peace officer killed in the line of duty."

SECTION 3. Section 29-4A-3 NMSA 1978 (being Laws 1995, Chapter 59, Section 3, as amended) is amended to read:

"29-4A-3. DEFINITIONS.--As used in the Peace Officers' [New Mexico Mounted Patrol Members' and Reserve Police Officers'] Survivors Supplemental Benefits Act:

A. "fund" means the peace officers' [New Mexico mounted patrol members' and reserve police officers'] survivors fund;

[B. "New Mexico mounted patrol" means units or troops officered and manned to assist with law enforcement pursuant to the provisions of Sections 29-6-1 and 29-6-4 NMSA 1978, Subsection A of Section 29-6-5 NMSA 1978 and Section 29-6-6 NMSA 1978;

C.] B. "peace officer" means:

(1) any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department [or] that is part of or administered by the state or any political subdivision of the state;

(2) a conservation officer of the department of game and fish as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state;

(3) a corrections officer of the corrections department or jailers as used in Chapter 33 NMSA 1978 that is part of or administered by the state or any political subdivision of the state;

(4) a member of a New Mexico mounted patrol unit or troop officered and staffed to assist with law enforcement pursuant to the provisions of Sections 29-6-1 and 29-6-4 NMSA 1978, Subsection A of Section 29-6-5 NMSA 1978 and Section 29-6-6 NMSA 1978; and

[D.] (5) a reserve police officer [means] who is a volunteer or a temporary or part-time employee of a state or local law enforcement agency who is accepted by that agency as a reserve law enforcement officer after receiving a background check and training as needed by that agency and who is not a member of the New Mexico mounted patrol; [and

E.] C. "secretary" means the secretary of public safety; and

D. "surviving child" means a child:

(1) who is either:

(a) a biological child of the peace officer, including a child born after the officer's death;

(b) an adopted child of the peace officer; or

(2) who is, at the time of the peace officer's death:

(a) eighteen years of age or under;

(b) over eighteen years of age and a full-time student under the age of twenty-four enrolled in a post-secondary college, university or vocational or technical education program; or

SECTION 4. Section 29-4A-4 NMSA 1978 (being Laws 1995, Chapter 59, Section 4, as amended) is amended to read:

"29-4A-4. FUND CREATED.--The "peace officers' [New Mexico mounted patrol members' and reserve police officers'] survivors fund" is created in the state treasury and shall be administered by the department of public safety. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the department of public safety for the purpose of paying death benefits pursuant to the Peace Officers' [New Mexico Mounted Patrol Members' and Reserve Police Officers'] Survivors Supplemental Benefits Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert."

SECTION 5. Section 29-4A-5 NMSA 1978 (being Laws 1995, Chapter 59, Section 5, as amended) is amended to read:

"29-4A-5. PEACE OFFICERS' [NEW MEXICO MOUNTED PATROL MEMBERS' AND RESERVE POLICE OFFICERS'] SURVIVORS SUPPLEMENTAL DEATH BENEFITS--REVIEW COMMITTEE--DETERMINATION--PAYMENT.--

A. There is created the "peace officers' [New Mexico mounted patrol members' and reserve police officers'] survivors supplemental death benefits review committee". The committee shall consist of the attorney general, the chief of the New Mexico state police and the state president of the fraternal order of police or their designees.

B. The peace officers' [New Mexico mounted patrol members' and reserve police officers'] survivors supplemental death benefits review committee shall determine whether a peace officer [New Mexico mounted patrol member or reserve police officer] has been killed in the line of duty and advise the secretary of that determination.

C. In addition to any other death benefits provided by law, the surviving spouse, children, designated beneficiary or parents shall be paid a total of two hundred fifty thousand dollars ($250,000) as supplemental death benefits whenever a peace officer [New Mexico mounted patrol member or reserve police officer] is killed in the line of duty as follows:

(1) if the peace officer is married and has no surviving children, one hundred percent of the benefit shall be paid to the surviving spouse;

(2) if the peace officer is married and has surviving children, fifty percent of the benefit shall be paid to the surviving spouse and fifty percent shall be paid to the surviving children in equal shares;

(3) if the peace officer is not married and has surviving children, one hundred percent of the benefit shall be paid to the surviving children in equal shares;

(4) if the peace officer is not married and has no surviving child, the benefit shall be paid to a beneficiary or beneficiaries designated by the peace officer in the most recently executed:

(a) designation of beneficiary on file at the time of death with the peace officer's public safety agency, organization or unit, in shares according to the designation, or in equal shares if there is no designation of shares;

(b) life insurance policy on file at the time of death with the peace officer's public safety agency, organization or unit, if the peace officer has not designated a beneficiary pursuant to Subparagraph (a) of this paragraph; or

(c) public employees retirement association survivor beneficiary designation form on file at the time of death with the peace officer's public safety agency, organization or unit, if the peace officer has not designated a beneficiary pursuant to Subparagraph (a) or (b) of this paragraph;

(5) if there is no beneficiary qualifying under Paragraph (1), (2), (3) or (4) of this subsection but there are surviving children who would qualify but for their age, the benefit shall be paid to them in equal shares; or

(6) if there is no beneficiary qualifying under Paragraph (1), (2), (3), (4) or (5) of this subsection, the benefit shall be paid in equal shares to the surviving parent or parents of the peace officer.

D. The benefits shall be paid from the fund.

[C. The benefits shall be paid first to the

surviving spouse. If there is no surviving spouse, the

benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or

spouse, benefits shall be distributed to the surviving

parents of the peace officer, New Mexico mounted patrol member or reserve police officer.]"

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