0001| SENATE BILL 216 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| LEONARD TSOSIE | 0005| | 0006| | 0007| | 0008| FOR THE INDIAN AFFAIRS COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO LAW ENFORCEMENT IN INDIAN COUNTRY; CREATING A | 0012| FUND; PERMITTING COMMISSIONING OF STATE LAW ENFORCEMENT | 0013| OFFICERS BY INDIAN NATIONS; AMENDING AND ENACTING SECTIONS OF | 0014| THE NMSA 1978; MAKING AN APPROPRIATION. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [|NEW MATERIAL|] INTERGOVERNMENTAL LAW | 0018| ENFORCEMENT FUND--CREATED--ADMINISTRATION--DISTRIBUTION.-- | 0019| A. There is created in the state treasury the | 0020| "intergovernmental law enforcement fund" to be administered by | 0021| the New Mexico office of Indian affairs. | 0022| B. All balances in the fund are appropriated to | 0023| the New Mexico office of Indian affairs for payment to tribal | 0024| law enforcement departments whose enforcement jurisdiction is | 0025| located in whole or in part within the state in exchange for | - 1 - 0001| enforcement of New Mexico law in Indian country on non-Indian | 0002| offenders. | 0003| C. Beginning July 1, 1998, and for each quarter | 0004| thereafter, tribal law enforcement departments that wish to | 0005| receive disbursements from the fund shall maintain records | 0006| documenting the following activities in each quarter: | 0007| (1) the officer-hours expended to enforce | 0008| state law, including time spent in cooperation with state or | 0009| local law enforcement agencies to provide court testimony or | 0010| to investigate alleged crimes perpetrated by non-Indians; and | 0011| (2) the costs of calibrating equipment used | 0012| to determine the concentration of alcohol in blood or breath | 0013| or of maintaining or acquiring any equipment or supplies | 0014| required by the state to be used to enforce state law above | 0015| and beyond the equipment or supplies already used to enforce | 0016| tribal law. | 0017| D. Documentation maintained according to | 0018| Subsection C of this section shall be submitted to the New | 0019| Mexico office of Indian affairs within fifteen days following | 0020| the last day of the quarter in which the activities occurred. | 0021| The chief of the tribal law enforcement department compiling | 0022| the documented data shall certify that the documented officer- | 0023| hours and other charges are true and accurate. Disbursements | 0024| shall be made by the New Mexico office of Indian affairs by | 0025| the fifteenth day of the second month following the end of | - 2 - 0001| each quarter. Documentation pursuant to this section shall be | 0002| submitted in a timely manner to generate payment from the | 0003| fund. | 0004| E. To determine the distribution to a tribal law | 0005| enforcement department from the fund for any quarter, the New | 0006| Mexico office of Indian affairs shall: | 0007| (1) determine for each tribal law enforcement | 0008| department an individual total of costs expended by each | 0009| tribal law enforcement department in calibrating equipment | 0010| used to determine the concentration of alcohol in blood or | 0011| breath or to maintain or acquire any equipment or supplies | 0012| required by the state to be used to enforce state law, add the | 0013| individual totals for all tribal law enforcement departments | 0014| that submitted data to generate a composite total and deduct | 0015| the composite total from the amount of money in the fund; | 0016| (2) calculate the individual tribal law | 0017| enforcement department percentage of the total officer-hours | 0018| submitted by dividing the officer-hours submitted by a tribal | 0019| law enforcement department by the total number of officer- | 0020| hours submitted by all tribes and agencies of the bureau of | 0021| Indian affairs and then multiplying each tribal law | 0022| enforcement department's percentage by the balance remaining | 0023| in the fund after the composite total is deducted according to | 0024| the provisions of Paragraph (1) of this subsection; and | 0025| (3) add the amounts determined in Paragraphs | - 3 - 0001| (1) and (2) of this subsection for each tribal law enforcement | 0002| department to determine the distribution to that tribe or | 0003| agency for the quarter for which the data was submitted. | 0004| F. Disbursements from the fund shall be made by | 0005| warrant drawn by the secretary of finance and administration | 0006| pursuant to vouchers signed by the executive director of the | 0007| New Mexico office of Indian affairs or his authorized | 0008| representative. | 0009| G. As used in this section: | 0010| (1) "bureau of Indian affairs" means the | 0011| bureau of Indian affairs of the federal department of the | 0012| interior; | 0013| (2) "fund" means the intergovernmental law | 0014| enforcement fund; | 0015| (3) "officer-hours" means the number of hours | 0016| worked by tribal or bureau of Indian affairs agency law | 0017| enforcement officers who are certified pursuant to the | 0018| provisions of Section 29-1-11 NMSA 1978 or deputized by a | 0019| county sheriff to enforce state law rounded to the closest | 0020| quarter hour; | 0021| (4) "tribal law enforcement department" means | 0022| a bureau of Indian affairs agency or any subunit of a tribal | 0023| government that enforces tribal or state laws and has officers | 0024| that are certified New Mexico peace officers pursuant to | 0025| Section 29-1-11 NMSA 1978 or officers that are deputized to | - 4 - 0001| enforce state law by a county sheriff; and | 0002| (5) "tribe" means an Indian nation, tribe or | 0003| pueblo located in whole or in part in New Mexico. | 0004| Section 2. A new section of Chapter 12, Article 2 NMSA | 0005| 1978 is enacted to read: | 0006| "[|NEW MATERIAL|] DEFINITION.-- For statutory purposes | 0007| the term "Indian country" means: | 0008| A. all land within the limits of any reservation | 0009| of an Indian nation, tribe or pueblo under the jurisdiction of | 0010| the United States government, notwithstanding the issuance of | 0011| any patent and including rights-of-way running through the | 0012| reservation; | 0013| B. all dependent Indian communities within the | 0014| borders of New Mexico whether within the original or | 0015| subsequently acquired territory; | 0016| C. all Indian allotments, the Indian titles to | 0017| which have not been extinguished, including rights-of-way | 0018| running through the allotments; and | 0019| D. any lands, title to which is either held by the | 0020| United States in trust for the benefit of any Indian nation, | 0021| tribe, pueblo or tribal member or is held by any Indian | 0022| nation, tribe, pueblo or tribal member subject to a | 0023| restriction by the United States against alienation." | 0024| Section 3. A new section of Chapter 29 NMSA 1978 is | 0025| enacted to read: | - 5 - 0001| "[|NEW MATERIAL|] NEW MEXICO STATE POLICE OFFICERS-- | 0002| COUNTY SHERIFF'S OFFICERS--AUTHORIZATION TO ACT AS LAW | 0003| ENFORCEMENT OFFICERS FOR AN INDIAN NATION.-- | 0004| A. A state law enforcement officer who is assigned | 0005| to patrol a state, county or interstate highway that is | 0006| located in Indian country is, when commissioned pursuant to | 0007| the provisions of Subsection B of this section, authorized to | 0008| act as a peace officer of an Indian nation. For purposes of | 0009| Section 41-4-3 NMSA 1978, a state law enforcement officer | 0010| acting pursuant to this section is acting within the scope of | 0011| his duties. | 0012| B. The chief of a law enforcement department of an | 0013| Indian nation, upon written authorization by the governing | 0014| body of that Indian nation, may issue a commission as a peace | 0015| officer of that Indian nation to a state law enforcement | 0016| officer. The procedures to be followed regarding the | 0017| commission shall be set forth by the governing body of the | 0018| Indian nation. The authority granted to a peace officer to | 0019| enforce laws of an Indian nation regarding revocation of | 0020| commissions and the respective rights and responsibilities of | 0021| the departments shall be set forth in a written agreement | 0022| executed by the chief of the law enforcement department of the | 0023| Indian nation or other representative of the governing body of | 0024| the Indian nation and the chief of the state police or the | 0025| county sheriff. Terms and conditions of the commissions | - 6 - 0001| issued pursuant to this section shall be determined by each | 0002| Indian nation issuing a commission to a state law enforcement | 0003| officer. | 0004| C. As used in this section: | 0005| (1) "Indian nation" means an Indian nation, | 0006| tribe or pueblo located in whole or in part in New Mexico; | 0007| (2) "peace officer" means a state law | 0008| enforcement officer who is commissioned by an Indian nation to | 0009| enforce the law of that Indian nation; and | 0010| (3) "state law enforcement officer" means a | 0011| duly commissioned member of the New Mexico state police or an | 0012| officer in a county sheriff's department." | 0013| Section 4. Section 29-1-11 NMSA 1978 (being Laws 1972, | 0014| Chapter 8, Section 1, as amended) is amended to read: | 0015| "29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE | 0016| OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO | 0017| PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR | 0018| COMMISSIONED PEACE OFFICERS.-- | 0019| A. All persons who are duly commissioned officers | 0020| of the ~[police or sheriff's]~ |law enforcement| department of | 0021| ~[any New Mexico]~ |an| Indian ~[tribe or pueblo]~ |nation| or | 0022| who are law enforcement officers employed by the bureau of | 0023| Indian affairs and are assigned in New Mexico are, when | 0024| commissioned under Subsection B of this section, recognized | 0025| and authorized to act as New Mexico peace officers. These | - 7 - 0001| officers have all the powers of New Mexico peace officers to | 0002| enforce state laws in New Mexico, including the power to make | 0003| arrests for violation of state laws. | 0004| B. The chief of the New Mexico state police is | 0005| granted authority to issue commissions as New Mexico peace | 0006| officers to members of ~[the police or sheriff's]~ |a law | 0007| enforcement| department of ~[any New Mexico]~ |an| Indian | 0008| ~[tribe or pueblo]~ |nation| or a law enforcement officer | 0009| employed by the bureau of Indian affairs to implement the | 0010| provisions of this section. The procedures to be followed in | 0011| the issuance and revocation of commissions and the respective | 0012| rights and responsibilities of the departments shall be set | 0013| forth in a written agreement to be executed between the chief | 0014| of the New Mexico state police and the ~[tribe or pueblo]~ | 0015| |Indian nation| or the appropriate federal official. | 0016| C. The agreement referred to in Subsection B of | 0017| this section shall contain the following conditions: | 0018| (1) ~[the tribe or pueblo, but not the bureau | 0019| of Indian affairs]~ |an Indian nation whose law enforcement | 0020| officers are not subject to coverage by the Federal Tort | 0021| Claims Act| shall submit proof of adequate public liability | 0022| and property damage insurance for vehicles operated by the | 0023| peace officers and police professional liability insurance | 0024| from a company licensed to sell insurance in the state; | 0025| (2) each applicant for a commission shall | - 8 - 0001| successfully complete four hundred hours of basic police | 0002| training that is approved by the director of the New Mexico | 0003| law enforcement academy; | 0004| (3) the chief of the New Mexico state police | 0005| shall have the authority to suspend any commission granted | 0006| pursuant to Subsection B of this section for reasons solely | 0007| within his discretion; | 0008| (4) if any provision of the agreement is | 0009| violated by the ~[tribe or pueblo]~ |Indian nation| or any of | 0010| its agents, the chief of the New Mexico state police shall | 0011| suspend the agreement on five days' notice, which suspension | 0012| shall last until the chief is satisfied that the violation has | 0013| been corrected and will not recur; | 0014| (5) the goldenrod-colored officer's second | 0015| copy of any citation issued pursuant to a commission | 0016| authorized by this section shall be submitted within five days | 0017| to the chief of the New Mexico state police; | 0018| (6) any citation issued pursuant to a | 0019| commission authorized by this section shall be to a magistrate | 0020| court of New Mexico; except that any citations issued to | 0021| ~[Indians]~ |an Indian person| within the exterior boundaries | 0022| of an Indian reservation shall be cited into tribal court; | 0023| (7) the agreement or any commission issued | 0024| pursuant to it shall not confer any authority on a tribal | 0025| court or other tribal authority which that court or authority | - 9 - 0001| would not otherwise have; | 0002| (8) the authority conferred by any agreement | 0003| entered into pursuant to the provisions of this section shall | 0004| be coextensive with the exterior boundaries of the | 0005| reservation; except that an officer commissioned under this | 0006| section may proceed in hot pursuit of an offender beyond the | 0007| exterior boundaries of the reservation, and the authority | 0008| conferred in any written agreement between the chief of the | 0009| New Mexico state police and ~[the Navajo tribe]~ |an Indian | 0010| nation| may extend beyond ~[the]~ |its| exterior boundaries; | 0011| ~[of the Navajo reservation to and including the area enclosed | 0012| by the following description: | 0013| Beginning at a point where the southern boundary line of | 0014| the Navajo Indian reservation intersects the western | 0015| right-of-way line of US 666, and running thence; southerly | 0016| along the western right-of-way line of US 666 to the northerly | 0017| city limits of Gallup; thence, easterly along the northerly | 0018| city limits of Gallup to the northern side of the right-of-way | 0019| of I-40; thence, in an easterly direction along the northerly | 0020| side of the right-of-way of I-40 to the northerly limits of | 0021| the village of Prewitt; thence, in a straight line between the | 0022| northerly boundary of the village of Prewitt to the southerly | 0023| boundary of Ambrosia Lake; thence in a straight line between | 0024| the southerly boundary of Ambrosia Lake to the southerly | 0025| boundary of Hospah; thence, east along a straight line from | - 10 - 0001| the southerly boundary of Hospah to the southern boundary of | 0002| Torreon; thence along the easterly side of the right-of-way of | 0003| state road 197 to the westerly city limits of Cuba; thence, | 0004| north along the westerly side of the right-of-way of state | 0005| road 44 to the southerly boundary of the Jicarilla Apache | 0006| Indian reservation; thence, westerly along the southerly | 0007| boundary of the Jicarilla Apache Indian reservation to the | 0008| southwest corner of that reservation; thence, northerly along | 0009| the westerly boundary of the Jicarilla Apache Indian | 0010| reservation to a point where the westerly boundary of the | 0011| reservation intersects the southerly side of the right-of-way | 0012| of state road 44; thence, northerly along the southerly side | 0013| of the right-of-way of state road 44 to its intersection with | 0014| the northerly side of the right-of-way of Navajo road 3003; | 0015| thence, along the northerly side of the right-of-way of Navajo | 0016| road 3003 to a point where the northerly side of the | 0017| right-of-way of Navajo road 3003 intersects the westerly side | 0018| of the right-of-way line of state road 371; thence, northerly | 0019| along the west side of the right-of-way of state road 371 to | 0020| the southerly side of the right-of-way of Navajo road 36; | 0021| thence, westerly along the southerly side of the right-of-way | 0022| of Navajo road 36 to the eastern border of the Navajo Indian | 0023| reservation; thence, along the eastern and southerly borders | 0024| of the Navajo Indian reservation to the point of beginning. | 0025| The municipalities of Cuba and Gallup and the villages of | - 11 - 0001| Thoreau and Prewitt are excluded from the grant of authority | 0002| that may be conferred in any written agreement entered into | 0003| pursuant to provisions of this section; provided, however, any | 0004| written agreement may include under such grant of authority | 0005| the communities of Ambrosia Lake, Hospah, Torreon, Lybrook, | 0006| Nageezi, Counselors and Blanco Trading Post and those | 0007| communities commonly known as the Wingate community; the | 0008| Navajo Tribe blue water ranch area of the Thoreau community; | 0009| the Prewitt community, exclusive of the village of Prewitt; | 0010| the Haystack community; the Desidero community; the Sand | 0011| Springs community; the Rincon Marquis community; the Charley | 0012| Jesus Arviso and the Castillo community; and state road 264 | 0013| beginning at the point where it intersects US 666 and ending | 0014| where state road 264 intersects the Arizona-New Mexico state | 0015| line]~ | 0016| (9) the chief of the New Mexico state police | 0017| or his designee and ~[the tribe or pueblo]~ |a representative | 0018| of a law enforcement department of each Indian nation having | 0019| officers commissioned pursuant to this section| or the | 0020| appropriate federal official shall be required to meet at | 0021| least ~[quarterly]~ |two times per calendar year| or more | 0022| frequently at the call of the chief of the New Mexico state | 0023| police |or the head of a law enforcement department of an | 0024| Indian nation or the bureau of Indian affairs| to discuss the | 0025| status of the agreement and invite other law enforcement or | - 12 - 0001| other officials to attend as necessary; and | 0002| (10) as consideration for law enforcement | 0003| services rendered for the state by ~[tribal or pueblo police]~ | 0004| |law enforcement| officers who are commissioned peace officers | 0005| pursuant to this section, each ~[tribe or pueblo]~ |Indian | 0006| nation| shall receive from the law enforcement protection fund | 0007| three hundred dollars ($300) for each commissioned peace | 0008| officer in the ~[tribe or pueblo]~ |law enforcement department | 0009| of the Indian nation or of the bureau of Indian affairs|. To | 0010| be counted as a commissioned peace officer for the purposes of | 0011| this paragraph, a commissioned peace officer shall have been | 0012| assigned to duty and have worked in New Mexico for no fewer | 0013| than ~[two hundred]~ |one hundred thirty| days in the calendar | 0014| year immediately prior to the date of payment. Payments shall | 0015| be made for only those divisions of the ~[tribal or pueblo | 0016| police]~ |Indian nation law enforcement| departments |or the | 0017| bureau of Indian affairs| that perform services in New Mexico. | 0018| ~[No Indian nation, tribe or pueblo police department shall be | 0019| eligible for any disbursement under the fund if officers of | 0020| that department cite non-Indians into the court of that Indian | 0021| nation, tribe or pueblo. This eligibility requirement would | 0022| apply to either civil or criminal citations issued by an | 0023| Indian nation, tribe or pueblo police department.]~ | 0024| D. Nothing in this section impairs or affects the | 0025| existing status and sovereignty of ~[tribes and pueblos of | - 13 - 0001| Indians]~ |Indian nations| as established under the laws of | 0002| the United States. | 0003| E. All persons who are duly commissioned federal | 0004| law enforcement officers employed by the federal bureau of | 0005| investigation; drug enforcement administration; bureau of | 0006| alcohol, tobacco and firearms; United States secret service; | 0007| United States customs service; immigration and naturalization | 0008| service; United States marshals service; postal inspection | 0009| service; United States probation department; United States | 0010| pretrial services agency; and other appropriate federal | 0011| officers whose primary duty is law enforcement related, who | 0012| are assigned in New Mexico and who are required to be | 0013| designated by the county sheriff on a case-by-case basis in | 0014| the county in which they are working, are recognized and | 0015| authorized to act as New Mexico peace officers and have all | 0016| the powers of New Mexico peace officers to enforce state laws | 0017| in New Mexico, including the power to make arrests for | 0018| violation of state laws. The department of public safety | 0019| shall maintain a registry that lists the name and affiliated | 0020| federal agency of every federal law enforcement officer | 0021| recognized and authorized to act as a New Mexico peace officer | 0022| pursuant to the provisions of this subsection. This | 0023| subsection shall not be construed to impose liability upon or | 0024| to require indemnification by the state for any act performed | 0025| by a federal law enforcement officer pursuant to this | - 14 - 0001| subsection. | 0002| F. The provisions of Subsection E of this section | 0003| regarding designation of federal law enforcement officers by a | 0004| county sheriff do not apply to federal law enforcement | 0005| officers who are duly commissioned officers of a police or | 0006| sheriff's department for an Indian ~[tribe or pueblo]~ | 0007| |nation| in New Mexico or who are federal law enforcement | 0008| officers employed by the bureau of Indian affairs. | 0009| |G. As used in this section: | 0010| (1) "Indian nation" means an Indian nation, | 0011| tribe or pueblo located in whole or in part in New Mexico; and | 0012| (2) "law enforcement department" means any | 0013| agency of an Indian nation that employs law enforcement | 0014| officers who received training at a law enforcement academy | 0015| and meet the education requirements for obtaining a commission | 0016| as a New Mexico peace officer pursuant to this section.|" | 0017| Section 5. APPROPRIATION.--One millions dollars | 0018| ($1,0000,000) is appropriated from the general fund to the | 0019| intergovernmental law enforcement fund for expenditure in | 0020| fiscal year 1999 for the purpose of reimbursing tribal law | 0021| enforcement departments for enforcing state law. Any | 0022| unexpended or unencumbered balance remaining at the end of | 0023| fiscal year 1999 shall revert to the general fund. | 0024|  |