0001| SENATE BILL 216
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| LEONARD TSOSIE
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0005|
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0006|
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0007|
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0008| FOR THE INDIAN AFFAIRS COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO LAW ENFORCEMENT IN INDIAN COUNTRY; CREATING A
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0012| FUND; PERMITTING COMMISSIONING OF STATE LAW ENFORCEMENT
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0013| OFFICERS BY INDIAN NATIONS; AMENDING AND ENACTING SECTIONS OF
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0014| THE NMSA 1978; MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. [NEW MATERIAL] INTERGOVERNMENTAL LAW
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0018| ENFORCEMENT FUND--CREATED--ADMINISTRATION--DISTRIBUTION.--
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0019| A. There is created in the state treasury the
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0020| "intergovernmental law enforcement fund" to be administered by
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0021| the New Mexico office of Indian affairs.
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0022| B. All balances in the fund are appropriated to
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0023| the New Mexico office of Indian affairs for payment to tribal
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0024| law enforcement departments whose enforcement jurisdiction is
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0025| located in whole or in part within the state in exchange for
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0001| enforcement of New Mexico law in Indian country on non-Indian
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0002| offenders.
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0003| C. Beginning July 1, 1998, and for each quarter
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0004| thereafter, tribal law enforcement departments that wish to
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0005| receive disbursements from the fund shall maintain records
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0006| documenting the following activities in each quarter:
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0007| (1) the officer-hours expended to enforce
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0008| state law, including time spent in cooperation with state or
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0009| local law enforcement agencies to provide court testimony or
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0010| to investigate alleged crimes perpetrated by non-Indians; and
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0011| (2) the costs of calibrating equipment used
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0012| to determine the concentration of alcohol in blood or breath
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0013| or of maintaining or acquiring any equipment or supplies
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0014| required by the state to be used to enforce state law above
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0015| and beyond the equipment or supplies already used to enforce
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0016| tribal law.
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0017| D. Documentation maintained according to
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0018| Subsection C of this section shall be submitted to the New
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0019| Mexico office of Indian affairs within fifteen days following
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0020| the last day of the quarter in which the activities occurred.
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0021| The chief of the tribal law enforcement department compiling
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0022| the documented data shall certify that the documented officer-
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0023| hours and other charges are true and accurate. Disbursements
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0024| shall be made by the New Mexico office of Indian affairs by
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0025| the fifteenth day of the second month following the end of
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0001| each quarter. Documentation pursuant to this section shall be
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0002| submitted in a timely manner to generate payment from the
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0003| fund.
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0004| E. To determine the distribution to a tribal law
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0005| enforcement department from the fund for any quarter, the New
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0006| Mexico office of Indian affairs shall:
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0007| (1) determine for each tribal law enforcement
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0008| department an individual total of costs expended by each
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0009| tribal law enforcement department in calibrating equipment
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0010| used to determine the concentration of alcohol in blood or
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0011| breath or to maintain or acquire any equipment or supplies
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0012| required by the state to be used to enforce state law, add the
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0013| individual totals for all tribal law enforcement departments
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0014| that submitted data to generate a composite total and deduct
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0015| the composite total from the amount of money in the fund;
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0016| (2) calculate the individual tribal law
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0017| enforcement department percentage of the total officer-hours
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0018| submitted by dividing the officer-hours submitted by a tribal
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0019| law enforcement department by the total number of officer-
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0020| hours submitted by all tribes and agencies of the bureau of
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0021| Indian affairs and then multiplying each tribal law
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0022| enforcement department's percentage by the balance remaining
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0023| in the fund after the composite total is deducted according to
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0024| the provisions of Paragraph (1) of this subsection; and
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0025| (3) add the amounts determined in Paragraphs
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0001| (1) and (2) of this subsection for each tribal law enforcement
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0002| department to determine the distribution to that tribe or
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0003| agency for the quarter for which the data was submitted.
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0004| F. Disbursements from the fund shall be made by
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0005| warrant drawn by the secretary of finance and administration
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0006| pursuant to vouchers signed by the executive director of the
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0007| New Mexico office of Indian affairs or his authorized
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0008| representative.
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0009| G. As used in this section:
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0010| (1) "bureau of Indian affairs" means the
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0011| bureau of Indian affairs of the federal department of the
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0012| interior;
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0013| (2) "fund" means the intergovernmental law
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0014| enforcement fund;
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0015| (3) "officer-hours" means the number of hours
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0016| worked by tribal or bureau of Indian affairs agency law
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0017| enforcement officers who are certified pursuant to the
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0018| provisions of Section 29-1-11 NMSA 1978 or deputized by a
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0019| county sheriff to enforce state law rounded to the closest
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0020| quarter hour;
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0021| (4) "tribal law enforcement department" means
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0022| a bureau of Indian affairs agency or any subunit of a tribal
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0023| government that enforces tribal or state laws and has officers
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0024| that are certified New Mexico peace officers pursuant to
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0025| Section 29-1-11 NMSA 1978 or officers that are deputized to
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0001| enforce state law by a county sheriff; and
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0002| (5) "tribe" means an Indian nation, tribe or
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0003| pueblo located in whole or in part in New Mexico.
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0004| Section 2. A new section of Chapter 12, Article 2 NMSA
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0005| 1978 is enacted to read:
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0006| "[NEW MATERIAL] DEFINITION.-- For statutory purposes
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0007| the term "Indian country" means:
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0008| A. all land within the limits of any reservation
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0009| of an Indian nation, tribe or pueblo under the jurisdiction of
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0010| the United States government, notwithstanding the issuance of
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0011| any patent and including rights-of-way running through the
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0012| reservation;
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0013| B. all dependent Indian communities within the
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0014| borders of New Mexico whether within the original or
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0015| subsequently acquired territory;
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0016| C. all Indian allotments, the Indian titles to
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0017| which have not been extinguished, including rights-of-way
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0018| running through the allotments; and
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0019| D. any lands, title to which is either held by the
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0020| United States in trust for the benefit of any Indian nation,
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0021| tribe, pueblo or tribal member or is held by any Indian
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0022| nation, tribe, pueblo or tribal member subject to a
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0023| restriction by the United States against alienation."
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0024| Section 3. A new section of Chapter 29 NMSA 1978 is
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0025| enacted to read:
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0001| "[NEW MATERIAL] NEW MEXICO STATE POLICE OFFICERS--
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0002| COUNTY SHERIFF'S OFFICERS--AUTHORIZATION TO ACT AS LAW
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0003| ENFORCEMENT OFFICERS FOR AN INDIAN NATION.--
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0004| A. A state law enforcement officer who is assigned
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0005| to patrol a state, county or interstate highway that is
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0006| located in Indian country is, when commissioned pursuant to
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0007| the provisions of Subsection B of this section, authorized to
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0008| act as a peace officer of an Indian nation. For purposes of
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0009| Section 41-4-3 NMSA 1978, a state law enforcement officer
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0010| acting pursuant to this section is acting within the scope of
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0011| his duties.
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0012| B. The chief of a law enforcement department of an
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0013| Indian nation, upon written authorization by the governing
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0014| body of that Indian nation, may issue a commission as a peace
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0015| officer of that Indian nation to a state law enforcement
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0016| officer. The procedures to be followed regarding the
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0017| commission shall be set forth by the governing body of the
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0018| Indian nation. The authority granted to a peace officer to
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0019| enforce laws of an Indian nation regarding revocation of
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0020| commissions and the respective rights and responsibilities of
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0021| the departments shall be set forth in a written agreement
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0022| executed by the chief of the law enforcement department of the
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0023| Indian nation or other representative of the governing body of
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0024| the Indian nation and the chief of the state police or the
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0025| county sheriff. Terms and conditions of the commissions
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0001| issued pursuant to this section shall be determined by each
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0002| Indian nation issuing a commission to a state law enforcement
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0003| officer.
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0004| C. As used in this section:
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0005| (1) "Indian nation" means an Indian nation,
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0006| tribe or pueblo located in whole or in part in New Mexico;
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0007| (2) "peace officer" means a state law
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0008| enforcement officer who is commissioned by an Indian nation to
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0009| enforce the law of that Indian nation; and
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0010| (3) "state law enforcement officer" means a
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0011| duly commissioned member of the New Mexico state police or an
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0012| officer in a county sheriff's department."
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0013| Section 4. Section 29-1-11 NMSA 1978 (being Laws 1972,
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0014| Chapter 8, Section 1, as amended) is amended to read:
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0015| "29-1-11. AUTHORIZATION OF TRIBAL AND PUEBLO POLICE
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0016| OFFICERS AND CERTAIN FEDERAL OFFICERS TO ACT AS NEW MEXICO
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0017| PEACE OFFICERS--AUTHORITY, PAYMENT AND PROCEDURE FOR
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0018| COMMISSIONED PEACE OFFICERS.--
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0019| A. All persons who are duly commissioned officers
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0020| of the [police or sheriff's] law enforcement department of
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0021| [any New Mexico] an Indian [tribe or pueblo] nation or
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0022| who are law enforcement officers employed by the bureau of
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0023| Indian affairs and are assigned in New Mexico are, when
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0024| commissioned under Subsection B of this section, recognized
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0025| and authorized to act as New Mexico peace officers. These
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0001| officers have all the powers of New Mexico peace officers to
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0002| enforce state laws in New Mexico, including the power to make
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0003| arrests for violation of state laws.
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0004| B. The chief of the New Mexico state police is
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0005| granted authority to issue commissions as New Mexico peace
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0006| officers to members of [the police or sheriff's] a law
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0007| enforcement department of [any New Mexico] an Indian
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0008| [tribe or pueblo] nation or a law enforcement officer
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0009| employed by the bureau of Indian affairs to implement the
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0010| provisions of this section. The procedures to be followed in
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0011| the issuance and revocation of commissions and the respective
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0012| rights and responsibilities of the departments shall be set
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0013| forth in a written agreement to be executed between the chief
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0014| of the New Mexico state police and the [tribe or pueblo]
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0015| Indian nation or the appropriate federal official.
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0016| C. The agreement referred to in Subsection B of
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0017| this section shall contain the following conditions:
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0018| (1) [the tribe or pueblo, but not the bureau
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of Indian affairs] an Indian nation whose law enforcement
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0020| officers are not subject to coverage by the Federal Tort
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0021| Claims Act shall submit proof of adequate public liability
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0022| and property damage insurance for vehicles operated by the
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0023| peace officers and police professional liability insurance
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0024| from a company licensed to sell insurance in the state;
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0025| (2) each applicant for a commission shall
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0001| successfully complete four hundred hours of basic police
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0002| training that is approved by the director of the New Mexico
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0003| law enforcement academy;
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0004| (3) the chief of the New Mexico state police
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0005| shall have the authority to suspend any commission granted
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0006| pursuant to Subsection B of this section for reasons solely
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0007| within his discretion;
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0008| (4) if any provision of the agreement is
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0009| violated by the [tribe or pueblo] Indian nation or any of
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0010| its agents, the chief of the New Mexico state police shall
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0011| suspend the agreement on five days' notice, which suspension
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0012| shall last until the chief is satisfied that the violation has
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0013| been corrected and will not recur;
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0014| (5) the goldenrod-colored officer's second
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0015| copy of any citation issued pursuant to a commission
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0016| authorized by this section shall be submitted within five days
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0017| to the chief of the New Mexico state police;
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0018| (6) any citation issued pursuant to a
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0019| commission authorized by this section shall be to a magistrate
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0020| court of New Mexico; except that any citations issued to
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0021| [Indians] an Indian person within the exterior boundaries
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0022| of an Indian reservation shall be cited into tribal court;
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0023| (7) the agreement or any commission issued
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0024| pursuant to it shall not confer any authority on a tribal
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0025| court or other tribal authority which that court or authority
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0001| would not otherwise have;
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0002| (8) the authority conferred by any agreement
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0003| entered into pursuant to the provisions of this section shall
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0004| be coextensive with the exterior boundaries of the
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0005| reservation; except that an officer commissioned under this
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0006| section may proceed in hot pursuit of an offender beyond the
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0007| exterior boundaries of the reservation, and the authority
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0008| conferred in any written agreement between the chief of the
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0009| New Mexico state police and [the Navajo tribe] an Indian
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0010| nation may extend beyond [the] its exterior boundaries;
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0011| [of the Navajo reservation to and including the area enclosed
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by the following description:
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Beginning at a point where the southern boundary line of
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the Navajo Indian reservation intersects the western
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right-of-way line of US 666, and running thence; southerly
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along the western right-of-way line of US 666 to the northerly
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city limits of Gallup; thence, easterly along the northerly
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city limits of Gallup to the northern side of the right-of-way
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of I-40; thence, in an easterly direction along the northerly
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side of the right-of-way of I-40 to the northerly limits of
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the village of Prewitt; thence, in a straight line between the
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northerly boundary of the village of Prewitt to the southerly
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boundary of Ambrosia Lake; thence in a straight line between
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the southerly boundary of Ambrosia Lake to the southerly
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boundary of Hospah; thence, east along a straight line from
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the southerly boundary of Hospah to the southern boundary of
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Torreon; thence along the easterly side of the right-of-way of
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state road 197 to the westerly city limits of Cuba; thence,
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north along the westerly side of the right-of-way of state
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road 44 to the southerly boundary of the Jicarilla Apache
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Indian reservation; thence, westerly along the southerly
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boundary of the Jicarilla Apache Indian reservation to the
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southwest corner of that reservation; thence, northerly along
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the westerly boundary of the Jicarilla Apache Indian
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reservation to a point where the westerly boundary of the
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reservation intersects the southerly side of the right-of-way
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of state road 44; thence, northerly along the southerly side
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of the right-of-way of state road 44 to its intersection with
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the northerly side of the right-of-way of Navajo road 3003;
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thence, along the northerly side of the right-of-way of Navajo
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road 3003 to a point where the northerly side of the
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right-of-way of Navajo road 3003 intersects the westerly side
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of the right-of-way line of state road 371; thence, northerly
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along the west side of the right-of-way of state road 371 to
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the southerly side of the right-of-way of Navajo road 36;
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thence, westerly along the southerly side of the right-of-way
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of Navajo road 36 to the eastern border of the Navajo Indian
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reservation; thence, along the eastern and southerly borders
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of the Navajo Indian reservation to the point of beginning.
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The municipalities of Cuba and Gallup and the villages of
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Thoreau and Prewitt are excluded from the grant of authority
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that may be conferred in any written agreement entered into
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pursuant to provisions of this section; provided, however, any
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written agreement may include under such grant of authority
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the communities of Ambrosia Lake, Hospah, Torreon, Lybrook,
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Nageezi, Counselors and Blanco Trading Post and those
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communities commonly known as the Wingate community; the
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Navajo Tribe blue water ranch area of the Thoreau community;
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the Prewitt community, exclusive of the village of Prewitt;
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the Haystack community; the Desidero community; the Sand
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Springs community; the Rincon Marquis community; the Charley
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Jesus Arviso and the Castillo community; and state road 264
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beginning at the point where it intersects US 666 and ending
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where state road 264 intersects the Arizona-New Mexico state
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line]
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0016| (9) the chief of the New Mexico state police
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0017| or his designee and [the tribe or pueblo] a representative
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0018| of a law enforcement department of each Indian nation having
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0019| officers commissioned pursuant to this section or the
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0020| appropriate federal official shall be required to meet at
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0021| least [quarterly] two times per calendar year or more
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0022| frequently at the call of the chief of the New Mexico state
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0023| police or the head of a law enforcement department of an
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0024| Indian nation or the bureau of Indian affairs to discuss the
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0025| status of the agreement and invite other law enforcement or
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0001| other officials to attend as necessary; and
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0002| (10) as consideration for law enforcement
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0003| services rendered for the state by [tribal or pueblo police]
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0004| law enforcement officers who are commissioned peace officers
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0005| pursuant to this section, each [tribe or pueblo] Indian
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0006| nation shall receive from the law enforcement protection fund
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0007| three hundred dollars ($300) for each commissioned peace
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0008| officer in the [tribe or pueblo] law enforcement department
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0009| of the Indian nation or of the bureau of Indian affairs. To
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0010| be counted as a commissioned peace officer for the purposes of
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0011| this paragraph, a commissioned peace officer shall have been
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0012| assigned to duty and have worked in New Mexico for no fewer
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0013| than [two hundred] one hundred thirty days in the calendar
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0014| year immediately prior to the date of payment. Payments shall
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0015| be made for only those divisions of the [tribal or pueblo
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police] Indian nation law enforcement departments or the
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0017| bureau of Indian affairs that perform services in New Mexico.
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0018| [No Indian nation, tribe or pueblo police department shall be
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eligible for any disbursement under the fund if officers of
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that department cite non-Indians into the court of that Indian
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nation, tribe or pueblo. This eligibility requirement would
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apply to either civil or criminal citations issued by an
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Indian nation, tribe or pueblo police department.]
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0024| D. Nothing in this section impairs or affects the
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0025| existing status and sovereignty of [tribes and pueblos of
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Indians] Indian nations as established under the laws of
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0002| the United States.
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0003| E. All persons who are duly commissioned federal
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0004| law enforcement officers employed by the federal bureau of
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0005| investigation; drug enforcement administration; bureau of
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0006| alcohol, tobacco and firearms; United States secret service;
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0007| United States customs service; immigration and naturalization
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0008| service; United States marshals service; postal inspection
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0009| service; United States probation department; United States
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0010| pretrial services agency; and other appropriate federal
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0011| officers whose primary duty is law enforcement related, who
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0012| are assigned in New Mexico and who are required to be
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0013| designated by the county sheriff on a case-by-case basis in
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0014| the county in which they are working, are recognized and
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0015| authorized to act as New Mexico peace officers and have all
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0016| the powers of New Mexico peace officers to enforce state laws
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0017| in New Mexico, including the power to make arrests for
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0018| violation of state laws. The department of public safety
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0019| shall maintain a registry that lists the name and affiliated
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0020| federal agency of every federal law enforcement officer
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0021| recognized and authorized to act as a New Mexico peace officer
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0022| pursuant to the provisions of this subsection. This
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0023| subsection shall not be construed to impose liability upon or
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0024| to require indemnification by the state for any act performed
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0025| by a federal law enforcement officer pursuant to this
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0001| subsection.
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0002| F. The provisions of Subsection E of this section
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0003| regarding designation of federal law enforcement officers by a
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0004| county sheriff do not apply to federal law enforcement
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0005| officers who are duly commissioned officers of a police or
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0006| sheriff's department for an Indian [tribe or pueblo]
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0007| nation in New Mexico or who are federal law enforcement
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0008| officers employed by the bureau of Indian affairs.
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0009| G. As used in this section:
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0010| (1) "Indian nation" means an Indian nation,
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0011| tribe or pueblo located in whole or in part in New Mexico; and
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0012| (2) "law enforcement department" means any
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0013| agency of an Indian nation that employs law enforcement
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0014| officers who received training at a law enforcement academy
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0015| and meet the education requirements for obtaining a commission
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0016| as a New Mexico peace officer pursuant to this section."
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0017| Section 5. APPROPRIATION.--One millions dollars
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0018| ($1,0000,000) is appropriated from the general fund to the
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0019| intergovernmental law enforcement fund for expenditure in
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0020| fiscal year 1999 for the purpose of reimbursing tribal law
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0021| enforcement departments for enforcing state law. Any
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0022| unexpended or unencumbered balance remaining at the end of
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0023| fiscal year 1999 shall revert to the general fund.
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0024|
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