SENATE BILL 391

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Sander Rue and William "Bill" R. Rehm

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; CHANGING THE MEMBERSHIP OF THE NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 29-7-3 NMSA 1978 (being Laws 1979, Chapter 202, Section 42, as amended) is amended to read:

     "29-7-3. NEW MEXICO LAW ENFORCEMENT ACADEMY BOARD.--

          A. There is created the "New Mexico law enforcement academy board".

          B. The academy shall be controlled and supervised by policy set by the board. The board shall be composed of the attorney general, who shall serve automatically by reason of [his] office and serve as [chairman] chair of the board, and [six] nine members who are qualified electors [to be appointed by the governor and] confirmed by the senate. The attorney general may appoint a designee to serve in the attorney general's place. The attorney general shall provide legal advice to the academy and the board. An appointed board member shall serve and have all of the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointment.

          [C. On or before July 1, 1994, the governor shall increase the number of members on the board to eight by appointing two additional members. The seventh member of the board shall be a citizen-at-large member whose term shall end on July 1, 1996. The eighth member of the board shall be a police officer who is a New Mexico certified police officer, holding the rank of sergeant or below at the time of his appointment, and whose term shall end on July 1, 1996 or sooner if he retires or is deactivated from duty for longer than thirty days.]

          C. The appointed members of the board are:

                (1) three county sheriffs, appointed by the New Mexico association of counties, consisting of:

                     (a) one sheriff from a class A county;                     (b) one sheriff from a class B county with a valuation of over three hundred million dollars ($300,000,000); and

                     (c) one sheriff from a class B county with a valuation less than three hundred million dollars ($300,000,000); a class C county; or a first class county;

                (2) three municipal police chiefs, appointed by the New Mexico municipal league, consisting of:

                     (a) one police chief from a municipality with a population of more than one hundred thousand people according to the most recent federal decennial census;

                     (b) one police chief from a municipality with a population of more than ten thousand people but less than one hundred thousand people according to the most recent federal decennial census; and

                     (c) one police chief from a municipality with a population of ten thousand people or fewer according to the most recent federal decennial census;

                (3) one district attorney, appointed by the governor;

                (4) one certified police chief of a New Mexico Indian nation, tribe or pueblo, appointed by the governor; and

                (5) one citizen-at-large member, appointed by the governor.

          D. Appointments to the board shall be for terms of four years or less made in such manner that the terms of not more than two members expire on July 1 of each year. [At all times, the board shall have represented on it, as members, one municipal police chief, one sheriff, one state police officer, one district attorney, one certified police chief of a New Mexico Indian tribe or pueblo, one certified New Mexico police officer holding the rank of sergeant or below and two citizen-at-large members.] Vacancies shall be filled by the [governor] original appointing authority for the unexpired term.

          [D.] E. Members of the board shall receive, for their service as members of the board, per diem and mileage as provided in the Per Diem and Mileage Act."

- 4 -