2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 13 - Law Enforcement Protection Fund › Section 29-13-6 - Distribution of law enforcement protection fund.

A. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the fund the amounts certified by the division to be distributed to governmental entities and the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund as required in Section 29-13-4 NMSA 1978. Payments shall be made by the treasurer to the appropriate governmental entity or fund unless otherwise specified in Subsection C of this section.
B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in an amount certified by the division, pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county and the New Mexico finance authority.
C. Based on a periodic allotment approved by the division for the current fiscal year, the state treasurer shall distribute from the money in the fund money certified by the division to be distributed to tribes. Payment shall be made to the chief financial officer of the tribe. If necessary, the fund may be decreased below the level of one hundred thousand dollars ($100,000) to enable payment to the tribes. If insufficient money remains in the fund to fully compensate the tribes, a report shall be made to the Indian affairs department and to an appropriate interim committee of the legislature that reviews issues having impact on tribes by September 1 of the year of the shortfall.
D. The New Mexico law enforcement standards and training council may notify the division and the state treasurer to withhold the distribution to any governmental entity that has failed to submit required reports to the council as provided in Section 29-7-7.2 NMSA 1978 or that employs law enforcement officers who have failed to submit proof of completion of required in-service law enforcement training as required in Section 29-7-7.1 NMSA 1978.
History:
Laws 1983, ch. 289, § 6; 1993, ch. 179, § 8; 1994, ch. 54, § 2; 1996, ch. 28, § 4; 1998, ch. 83, § 5; 2002, ch. 78, § 6; 2002, ch. 92, § 4; 2017, ch. 1, § 3; 2023, ch. 86, § 9.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized the New Mexico law enforcement standards and training council to withhold distributions from the law enforcement protection fund for failure to report completion of training requirements; and added Subsection D.
The 2017 amendment,
effective June 16, 2017, created a new requirement for the local government division of the department of finance and administration to use periodic allotments approved by the division for the current fiscal year; in Subsection A, deleted "Annually on or before July 31" and added "Based on a periodic allotment approved by the division for the current fiscal year", after "distributed to governmental entities and", deleted "the transfer shall distribute money from the law enforcement protection fund to", after "the peace officers'", added "New Mexico mounted patrol members' and reserve police officers'", after "Payments shall be made", deleted "to" and added "by", and after "the treasurer", deleted "of" and added "to"; and in Subsection C, deleted "Annually on or before July 31" and added "Based on a periodic allotment approved by the division for the current fiscal year", after "report shall be made to the", deleted "New Mexico office of", and after "Indian affairs", added "department".
2002 Amendments.
— Laws 2002, ch. 92, § 4, effective May 15, 2002, in Subsection A, substituted "governmental entities" for "municipalities, universities and counties" and added the phrase beginning "unless otherwise specified" at the end of the second sentence; in Subsection C, substituted "money" for "excess money remaining" and deleted "after distributions pursuant to Subsection A of this section are made" following "in the fund" in the first sentence and deleted all references to pueblos in the subsection.
Laws 2002, ch. 78, § 5, effective May 15, 2002, in Subsection A, at the end of the first sentence, added "and the transfer shall distribute money from the law enforcement protection fund to the peace officers' survivors fund as required in Section 29-13-4 NMSA 1978", and in the second sentence, after "governmental entity", added "or fund".
The 1998 amendment,
effective March 9, 1998, inserted "universities" near the end of the second sentence in Subsection A.
The 1996 amendment,
effective March 4, 1996, inserted "or a resolution" following "ordinance" and "or county" following "by the municipality" in Subsection B.
The 1994 amendment,
effective May 18, 1994, inserted present Subsection B and redesignated former Subsection B as Subsection C, and deleted "of each year" following "July 31" in the first sentence thereof.
The 1993 amendment,
effective June 18, 1993, designated the existing provision as Subsection A; in the first sentence of Subsection A, deleted "law enforcement protection" preceding "fund" and substituted "division" for "local government division of the department of finance and administration"; and added Subsection B.