HOUSE BILL 817
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Dona G. Irwin
AN ACT
RELATING TO LAW ENFORCEMENT; ESTABLISHING THE NEW MEXICO RANGERS; PROVIDING FOR DUTIES, REQUIREMENTS AND COMMISSION; PROVIDING FOR PER DIEM AND WORKERS' COMPENSATION; PROVIDING FOR THE PURCHASE OF SURPLUS PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] NEW MEXICO RANGERS ESTABLISHED--COMPOSITION.--The "New Mexico rangers" are created. The New Mexico rangers shall consist of units in regions throughout the state and be organized, officered and staffed pursuant to and under the direction of the governor."
Section 2. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] BOARD OF DIRECTORS--COMMISSIONS.--
A. The governing body of the New Mexico rangers shall be the board of directors. The board of directors shall consist of not less than one member of the New Mexico rangers from each designated area within the state, one member appointed by the secretary of public safety and two members at large from throughout the state. Each board member shall serve for two years and may be re-elected. Elections shall be open to members of the New Mexico rangers, and elections shall occur every two years in a place and at a time designated by the board of directors. The board of directors shall control, manage and supervise the internal organization of the New Mexico rangers. The board of directors shall appoint a chief of the New Mexico rangers.
B. The secretary of public safety shall, at the expense of the member of the New Mexico rangers, execute a proper pocket commission as a voluntary agent of the department to a member of the New Mexico rangers when requested by the chief of the rangers. Each commission shall expire and be reissued upon each change of the secretary of public safety."
Section 3. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DUTIES OF BOARD.--The board of directors shall create bylaws for the government, control, management, supervision and internal organization of the New Mexico rangers and provide for the selection of rangers and for such officers as may be necessary from time to time to command the various units or troops."
Section 4. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DUTIES OF THE NEW MEXICO RANGERS.--The New Mexico rangers shall assist in the enforcement of the law by cooperating with all law enforcement agencies and regulatory bodies of the state when requested by the agency or regulatory body and serve under the direction and control of the agency or regulatory body."
Section 5. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] TRAINING--ENTRANCE REQUIREMENTS.--
A. A member of the New Mexico rangers shall have worked as a law enforcement officer for any municipality, county or state or for a federal law enforcement agency and shall live within the state. The board of directors or a designated committee shall examine, verify and evaluate the suitability of the background of each applicant. The chief of the New Mexico rangers shall maintain a background file on each member of the New Mexico rangers.
B. The chief of the New Mexico rangers or the chief's designee shall conduct a criminal history background check on each applicant. Fingerprints shall be maintained with the background check of each member for the purposes of a criminal history screening. The chief of the New Mexico rangers shall coordinate any conflict of criminal background issues with the secretary of public safety or the secretary's designee.
C. The New Mexico rangers shall qualify with carried firearms in accordance with qualification standards required by the New Mexico law enforcement academy standards. A member of the New Mexico rangers shall take a minimum of forty hours of law enforcement training per year. Of those forty hours, a minimum of eight hours shall be training on current law related to law enforcement. Training records of each member of the New Mexico rangers shall be maintained and presented to the New Mexico law enforcement academy upon demand."
Section 6. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] APPLICATIONS--CRIMINAL HISTORY SCREENING--DENIAL OF COMMISSION.--
A. Applications to the New Mexico rangers shall be directed, per the board of directors, for a commission or an honorary commission.
B. A commission may be denied upon recommendation of the chief of the New Mexico rangers to the board of directors or the secretary of public safety or the secretary's designee. A person who is denied a commission may appeal to the board of directors, who shall make a recommendation to the secretary of public safety."
Section 7. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] AID TO LAW ENFORCEMENT AGENCIES--WORKERS COMPENSATION--SURPLUS PROPERTY.--
A. A member of the New Mexico rangers may be detailed to assist and render aid in specific instances involving law enforcement or other matters when a request is made for such assistance and aid by the New Mexico state police or other state or local law enforcement agency, including natural disasters and terrorist threats and actions. When acting upon such a call, a member shall be deemed to be the agent or deputy of the authority issuing the request, shall have the same powers and duties as the requesting authority and shall be covered by the Workers' Compensation Act, if the employer's insurance policy is endorsed to show that its coverage extends to the claimant.
B. For the purposes of calculating the amount of disability or death benefits pursuant to the Workers' Compensation Act of a member of the New Mexico rangers, the member's average weekly wages shall be deemed to be the average weekly wages the member was receiving from every employer, regardless of whether the member's employment with the employer was covered by the Workers' Compensation Act. The degree of disability, if any, shall be determined on the basis of the member's disability in regard to such other employment.
C. If a member of the New Mexico rangers is covered by workers' compensation coverage pursuant to Subsection A of this section, the Workers' Compensation Act shall be the member's exclusive remedy against the New Mexico rangers and the supervising law enforcement agency for any injury or death proximately caused by the accident arising out of and in the course of the member's duties.
D. A member of the New Mexico rangers shall be allowed to purchase from any state agency any surplus property for an amount equal to the lowest bid at the most recent auction."
Section 8. A new section of Chapter 29 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SERVICE UPON CALL--COMPENSATION.--The governor or the secretary of public safety may, in case of insurrection, invasion, riot, breach of peace, terrorist act or threat of such act, in compliance with the Homeland Security and Emergency Management Department Act, or imminent danger, to call into service the New Mexico rangers, a unit or a member of the New Mexico rangers. Service under that call shall be under the direction and control of the governor or the secretary of public safety. A member of the New Mexico rangers is entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance upon a call to serve."
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