HB 193/a LAW ENFORCEMENT RETENTION DISBURSEMENTS

Rep Art De La Cruz

Actions: [2] HJC/HAFC-HJC [4] DP/a-HAFC [7] DP/a [8] PASSED/H (61-0) [6] SJC-SJC [7] DP [9] PASSED/S (38-0) SGND BY GOV (Mar. 4) Ch. 47.

Scheduled: Not Scheduled

 House Bill 193 (HB 193) This proposed legislative act is related to the Law Enforcement Retention Fund in the state of New Mexico. The act outlines the creation of the law enforcement retention fund, the disbursement of retention differentials for certified law enforcement officers based on their years of service, reporting requirements for law enforcement agencies, and appropriations from the general fund. 

 House Bill 193 (HB 193) The purpose of this act is to establish and regulate the Law Enforcement Retention Fund, specifying the criteria for retention differential disbursements to certified law enforcement officers based on their years of service.

Section 1:  Law Enforcement Retention Fund is created in the state treasury.
•	The fund consists of appropriated money, federal grants, investment income, and other accruing funds.
•	The department administers the fund for retention differential disbursements and administration processes.
•	Money in the fund is disbursed on warrants signed by the secretary of finance and administration.
•	Retention differential disbursements are provided to full-time certified law enforcement officers meeting certain levels of tenure.
•	The department determines and distributes the amount annually to law enforcement agencies.
Eligibility for Retention Differential Disbursement:
•	Full-time certified law enforcement officers become eligible for retention differential disbursement upon completing four, nine, fourteen, and nineteen years of service.
•	An additional disbursement is provided if the officer remains employed for an additional year after completing each specified period.
•	After twenty years of service, officers become eligible for a retention differential disbursement of five percent of their annual base salary for each additional year of service.
Reporting Requirements for Law Enforcement Agencies:
•	Law enforcement agencies must comply with reporting requirements to receive funding.
•	The report includes information on eligible officers, agency staffing, officers' years of service, departures, applicants, certifications, benefits, and other relevant data.
Administrative Details:
•	The department provides forms, standards, procedures, and training for reporting retention information.
•	Privacy and security of information are maintained according to state and federal laws.
•	The department may waive certain reporting information, providing a written explanation.
•	Law enforcement agencies must be compliant with the Law Enforcement Training Act.
•	Submission of the agency's current roster of full-time certified law enforcement officers is required by April 1 of each year in order to receive funding.
Annual Reporting and Expenditure:
•	The department provides annual reports to the department of finance and administration and the legislative finance committee.
•	The department submits an annual report to the governor and the legislature by December 15 of each year.
•	Expenditure details, including an itemized list and remaining fund balance, are included in reports.
•	An appropriation of one million dollars from the general fund to the law enforcement retention fund is specified.
•	The appropriation is for the fiscal year 2025 and subsequent years, covering the annual cost difference for retention differential disbursements.  Unexpended balances do not revert to the general fund.
The effective date of the provisions of this act is July 1, 2024.
 

 Amended January 25, 2024

HJCa/HB 193: Section 1 - Amendments to Section 9-19-14 NMSA 1978

Law Enforcement Retention Fund Creation:
•	The law enforcement retention fund is created, consisting of appropriated money, federal grants, investment income, and other accruing funds.
•	The fund is administered by the department for retention differential disbursements and administrative support.

B. Disbursement Process:
•	Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration, based on vouchers signed by the secretary of public safety.

C. Reporting Requirements:
•	The department determines and distributes annually the amount necessary for retention differential disbursements to law enforcement agencies.
•	Law enforcement agencies must comply with the Law Enforcement Training Act and submit additional information to receive disbursements.
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D. Eligibility and Disbursement Criteria:
•	Full-time certified law enforcement officers are eligible for retention differential disbursements upon completing four, nine, fourteen, and nineteen years of service.
•	An additional disbursement is introduced for officers completing twenty years of service and remaining employed for an additional year.
•	After twenty-one years of service, officers receive an annual disbursement for each subsequent year of service.
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E. Funding Allocation:
•	If the fund balance is insufficient, the department can reduce allocations to the maximum available.

H. Reporting Requirements:
•	Law enforcement agencies must report various information to the department to receive funding, including officer projections, service years, departures, applicants, certifications, benefits changes, and other relevant data.
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J. Compliance:
•	Law enforcement agencies must be compliant with the Law Enforcement Training Act to receive funding.

Section 2 - Appropriation:
•	One million dollars is appropriated from the general fund to the law enforcement protection fund to implement retention differential disbursements.

Section 3 - Effective Date:
•	The effective date of the provisions of this act is July 1, 2024.

This bill aims to provide financial incentives for long-serving law enforcement officers and requires reporting to assess eligibility for retention differential disbursements. It also appropriates funds to support the implementation of these disbursements.