A. Annually on or before April 15, the division shall consider and determine the relative needs as requested by tribal, municipal and university police, county sheriff's departments and the academy for money in the fund in the succeeding fiscal year pursuant to the provisions of Subsection C of this section.

B. As necessary during the year, the division shall transfer an amount from the fund to the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund that enables the balance of the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund to be maintained at a minimum balance of three hundred fifty thousand dollars ($350,000).

C. The division shall determine the rate of distribution of money in the fund as follows:

(1) all municipal police and county sheriff's departments shall be rated by class pursuant to this paragraph in accordance with populations established by the most recently completed decennial census; provided that the population of any county shall not include the population of any municipality within that county that has a municipal police department. The rate of distribution to which a municipal police or county sheriff's department is entitled is the following:

Class

Population

Amount

1

0 to 20,000

$20,000

2

20,001 to 160,000

30,000

3

160,001 to 1,280,000

40,000;

(2) university police departments shall be entitled to a rate of distribution of seventeen thousand dollars ($17,000);

(3) the academy shall be entitled to a rate of distribution of twenty-four thousand five hundred dollars ($24,500) to carry out the purposes of Section 1 of this 2017 act;

(4) tribal police departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection D of this section, to six hundred dollars ($600) for each commissioned peace officer in the tribe. To be counted as a commissioned peace officer for the purposes of this paragraph, a commissioned peace officer shall have been assigned to duty and have worked in New Mexico for no fewer than two hundred days in the calendar year immediately prior to the date of payment. Payments shall be made for only those divisions of the tribal police departments that perform services in New Mexico. A tribal police department shall not be eligible for any disbursement under the fund if commissioned peace officers cite non-Indians into the tribal court for civil or criminal citations; and

(5) municipal and university police and county sheriff's departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection D of this section, to six hundred dollars ($600) for each police officer or sheriff's deputy employed full time by that department who has been certified by the academy, or by a regional law enforcement training facility in the state certified by the director of the academy, as a police officer or has been authorized to act as a New Mexico peace officer pursuant to the provisions of Section 29-1-11 NMSA 1978.

D. After distributions are determined in accordance with Subsection A, Subsection B and Paragraphs (1), (2) and (3) of Subsection C of this section, if the balance in the fund is insufficient to permit the total allocations provided by Paragraphs (4) and (5) of Subsection C of this section, the division shall reduce that allocation to the maximum amount permitted by available money.

History: 1978 Comp., § 29-13-4, enacted by Laws 1993, ch. 179, § 6; 1998, ch. 83, § 3; 2000, ch. 59, § 1; 2002, ch. 78, § 5; 2002, ch. 92, § 3; 2017, ch. 1, § 2; 2017, ch. 35, § 3.

Repeals and reenactments. — Laws 1993, ch. 179, § 6 repealed former 29-13-4 NMSA 1978, as amended by Laws 1988, ch. 96, § 2, and enacted a new section, effective June 18, 1993.

2017 Multiple Amendments. — Laws 2017, ch. 1, § 2, effective June 16, 2017, and Laws 2017, ch. 35, § 3, effective July 1, 2017, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2017, ch. 35, § 3, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2017, ch. 1, § 2 and Laws 2017, ch. 35, § 3 are described below. To view the session laws in their entirety, see the 2017 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2017, ch. 1, § 2 made technical changes to the section, and Laws 2017, ch. 35, § 3, included the New Mexico law enforcement academy for distribution of funds from the law enforcement protection fund, made a twenty-four thousand five hundred dollar ($24,500) distribution from the law enforcement protection fund to the New Mexico law enforcement academy to carry out the purposes of tourniquet and trauma kit training, and made technical changes.

Laws 2017, ch. 35, § 3, effective July 1, 2017, included the New Mexico law enforcement academy for distribution of funds from the law enforcement protection fund, made a twenty-four thousand five hundred dollar ($24,500) distribution from the law enforcement protection fund to the New Mexico law enforcement academy to carry out the purposes of tourniquet and trauma kit training, and made technical changes; in Subsection A, after "county sheriff's departments", added "and the academy"; in Subsection B, after "transfer an amount from the", deleted "law enforcement protection", after the next occurrence of "fund", added "to the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund", and added "New Mexico mounted patrol members' and reserve police officers'"; in Subsection C, in the introductory clause, after "remaining in the fund", deleted "to each tribal, municipal and university police and county sheriff's department", added a new Paragraph C(3) and redesignated former Paragraph C(3) as Paragraph C(4), in Paragraph C(4), after "Subsection", changed "C" to "D", and in the fourth sentence, deleted "No" and added "A", and after "shall", added "not", and in Paragraph C(5), after "certified by the", deleted "New Mexico law enforcement", and added "or by a regional law enforcement training facility in the state certified by the director of the academy"; and in Subsection D, after "Paragraphs (1)", deleted "and", after "(2)", added "and (3)", after the next occurrence of "Paragraphs", deleted "(3)" and added "(4)", and after the next occurrence of "and", deleted "(4)" and added "(5)".

Laws 2017, ch. 1, § 2, effective June 16, 2017, in Subsection A, after "money in the fund", added "in the succeeding fiscal year"; in Subsection B, added "to the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund", and after "balance of the", deleted "peace officers' survivors" and added "latter"; and in Subsection C, in the introductory clause, after "distribution of money", deleted "remaining", in Paragraph C(3), after "Subsection", changed "C" to "D", in the fourth sentence, deleted "No" and added "A", and after "shall", added "not", and in Paragraph C(4), after "employed full time", deleted "by his department".

2002 Multiple Amendments. — Laws 2002, ch. 92, § 3, effective May 15, 2002, deleted Subsection A(2), relating to the calculation of considerations due to tribal police department under former Subsection C(10) of Section 29-1-11 NMSA 1978; and in Subsection B, added Paragraph (3) and redesignated former Paragraph (3) as Paragraph (4).

Laws 2002, ch. 78, § 5, effective May 15, 2002, added a new Subsection B and relettered the succeeding subsections accordingly.

The 2000 amendment, effective May 17, 2000, in Subsection B(1), changed the Class 1 funding amount from $17,000 to $20,000 and, in Subsection B(3), changed the amount for each officer or deputy from $300 to $600.

The 1998 amendment, effective March 9, 1998, inserted "and university" throughout the section; made a minor stylistic change in the table in Paragraph B(1); added Paragraph B(2), redesignated former Paragraph B(2) as Paragraph B(3); substituted "as a police officer" for "pursuant to the provisions of Section 29-7-8 NMSA 1978" near the end of Paragraph B(3); and, in Subsection C, substituted "Paragraphs (1) and (2)" for "Paragraph (1)" and "(3)" for "(2)", respectively.