1. A. Annually on or before April 15, the division shall consider and determine the relative needs as requested by tribal, municipal, school district and university police departments, county sheriff's departments, the department of public safety and the academy for money in the fund in the succeeding fiscal year pursuant to the provisions of Subsections C and E of this section.
2. 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) through fiscal year 2023 and one million dollars ($1,000,000) thereafter.

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

   1. (1) all municipal police, school district police and county sheriff's departments shall be entitled to a rate of distribution of forty-five thousand dollars ($45,000) through fiscal year 2023 and ninety-five thousand dollars ($95,000) thereafter;
   2. (2) university police departments shall be entitled to a rate of distribution of forty-five thousand dollars ($45,000) through fiscal year 2023 and ninety-five thousand dollars ($95,000) thereafter;
   3. (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 29-7-7.7 NMSA 1978 and to a rate of distribution of two hundred thousand dollars ($200,000) to carry out the purposes of the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978];
   4. (4) tribal police departments shall be entitled, unless allocations are adjusted pursuant to the provisions of Subsection D of this section, to one thousand dollars ($1,000) through fiscal year 2023 and one thousand five hundred dollars ($1,500) thereafter 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;
   5. (5) municipal, school district 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 one thousand dollars ($1,000) through fiscal year 2023 and one thousand five hundred dollars ($1,500) thereafter for each police officer or sheriff's deputy employed full time by that department who has been certified by the law enforcement certification board 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; and
   6. (6) municipal police, sheriff's and school district police departments that assign officers as school resource officers shall be entitled to one thousand dollars ($1,000) through fiscal year 2023 and one thousand five hundred dollars ($1,500) thereafter for each assigned school resource officer's training pursuant to Section 29-7-14 NMSA 1978.
4. D. After distributions are determined in accordance with Subsection A, Subsection B and Paragraphs (1), (2), (3) and (6) 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.
5. E. After all distributions have been made in accordance with Subsections A through D of this section, and if the balance in the fund is sufficient, the department of public safety shall be entitled to a rate of distribution of not more than two million dollars ($2,000,000).
6. F. The division shall confirm, before making any distribution under this section, that the beneficiary is in compliance with all of the beneficiary's statutory reporting requirements, including those described in Subsection C of Section 29-3-11 NMSA 1978, Subsection B of Section 29-7-7.1 NMSA 1978 and Sections 29-7-7.2, 29-7C-7 and 29-7C-8 NMSA 1978.

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; 2020, ch. 67, § 4; 2022, ch. 56, § 21.

ANNOTATIONS

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.

The 2022 amendment, effective July 1, 2022, increased the amount of distributions from the law enforcement protection fund, and increased the distribution from the law enforcement protection fund by two hundred thousand dollars for the New Mexico law enforcement academy to implement the provisions of the Law Enforcement Training Act; in Subsection B, after "three hundred fifty thousand dollars ($350,000)", added "through fiscal year 2023 and one million dollars ($1,000,000) thereafter"; in Subsection C, Paragraphs C(1) and C(2), after "forty-five thousand dollars ($45,000)", added "through fiscal year 2023 and ninety-five thousand dollars ($95,000) thereafter", in Paragraph C(3), added "and to a rate of distribution of two hundred thousand dollars ($200,000) to carry out the purposes of the Law Enforcement Training Act", in Paragraphs C(4), C(5) and C(6), after "one thousand dollars ($1,000)", added "through fiscal year 2023 and one thousand five hundred dollars ($1,500) thereafter", and after "has been certified by the", deleted "academy, or by a regional law enforcement training facility in the state certified by the director of the academy" and added "law enforcement certification board", in Paragraph C(6), after "pursuant to Section", deleted "1 of this 2020 act" and added "29-7-14 NMSA 1978"; and added Subsection F.

The 2020 amendment, effective July 1, 2022, increased the amounts distributed from the law enforcement protection fund, and provided for distributions from the fund to the department of public safety and school districts; in Subsection A, after "municipal", added "school district", after "university police", added "departments", after "sheriff’s departments", added "the department of public safety", after "the provisions of", deleted "Subsection" and added "Subsections", and after "C", added "and E"; in Subsection C, Paragraph C(1), after "municipal police", added "school district police", and after "departments shall be", deleted the remainder of the paragraph and added "entitled to a rate of distribution of forty-five thousand dollars ($45,000)", in Paragraph C(2), after "rate of distribution of", deleted "seventeen thousand dollars ($17,000)" and added "forty-five thousand dollars ($45,000)", in Paragraph C(3), changed "Section 1 of this 2017 act" to "29-7-7.7 NMSA 1978", in Paragraph C(4), after "Subsection D of this section, to", deleted "six hundred dollars ($600)" and added "one thousand dollars ($1,000)", in Paragraph C(5), after "municipal", added "school district", after "Subsection D of this section, to", deleted "six hundred dollars ($600)" and added "one thousand dollars ($1,000)", and added Paragraph C(6); in Subsection D, after "Paragraphs (1), (2), (3)", added "and (6)"; and added Subsection E.

2017 Amendments. — 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 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.