2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 53 - Fire Protection Fund
Section 59A-53-14 - Closure of fire department.

A. If any fire department operated by a municipality or county fire district should go out of existence or for any reason cease to operate and function for a period of ninety days, title to all firefighting equipment and apparatus paid for in whole with distributions from the fire protection fund and held by or for the benefit of the fire department shall vest in the marshal and all money distributed from the fire protection fund and held by or for the fire department shall revert to the fire protection fund. Any person having custody or control of any such firefighting equipment and apparatus shall forthwith deliver it as directed by the marshal, and any person having custody or control of the money shall forthwith remit it to the state treasurer, who shall again deposit the money in the state treasury to the credit of the fire protection fund. An action to recover the possession and control of such firefighting equipment and apparatus, or the money, may be commenced by the attorney general or the district attorney in the county in which the equipment and apparatus or money are situate upon the filing with the officer of a verified statement of the circumstances.

B. Notwithstanding the provisions of Subsection A of this section, money distributed from the fire protection fund needed to pay debt service on bonds or other obligations issued by or on behalf of a fire department or fire district may be used to pay such debt service, and the marshal and the state treasurer shall continue to make distributions from the fire protection fund for and on behalf of the fire department or fire district until the bonds or other obligations are paid in full.

History: Laws 1984, ch. 127, § 985; 1989, ch. 312, § 14; 1995, ch. 141, § 25; 2006, ch. 103, § 4; 2012, ch. 20, § 15.

The 2012 amendment, effective May 16, 2012, incorporated the defined term "municipality"; in the first sentence, after "fire department operated by", deleted "any incorporated city, town or village" and added "a municipality"; and after "a municipality or", deleted "by any".

The 2006 amendment, effective May 17, 2006, provided in Subsection A that title to equipment and apparatus paid for in whole with distributions from the fire protection fund shall vest in the marshal if the district ceases to operate.

The 1995 amendment, effective April 5, 1995, designated the existing provisions as Subsection A and added Subsection B.