2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 53 - Fire Protection Fund
Section 59A-53-3 - Determination and certification of needs.
A. Annually, on or before the last day of May, the marshal shall consider and determine, in the marshal's reasonable discretion, the relative needs of municipalities and county fire districts for money in the fire protection fund, based upon the information available to the marshal, and shall certify to the state treasurer the names of the municipalities and county fire districts that the marshal determines need the assistance of a distribution from the money in the fire protection fund, and the amount required by each, in accordance with the provisions of Chapter 59A, Article 53 NMSA 1978. In making this determination and certification, the marshal shall consider the intent and purpose of that article that no municipality or county fire district shall receive money distributed from the fire protection fund merely for the purpose of accumulation when the money is not required to accomplish the purposes of that article.
B. In making a determination and certification of needs, the marshal shall consider and provide for any debt obligations of existing or previously existing fire departments or fire districts.
History: Laws 1984, ch. 127, § 974; 1989, ch. 312, § 3; 1995, ch. 141, § 24; 2012, ch. 20, § 3.
ANNOTATIONSTemporary provisions. — Laws 2017, ch. 1, § 8, effective June 16, 2017, provided that:
A. In making a determination and certification of needs pursuant to Section 59A-53-3 NMSA 1978 and distributions pursuant to Sections 59A-53-4 and 59A-53-5.1 NMSA 1978 for fiscal year 2018, the state fire marshal shall coordinate with the department of finance and administration, New Mexico finance authority, office of the state treasurer, New Mexico municipal league and New Mexico association of counties to:
(1) develop a schedule for making periodic allotments that takes into consideration documented financial hardship of county fire districts and municipalities as a result of transitioning from a one-time distribution to periodic allotments;
(2) ensure that any debt obligations of existing or previously existing fire departments or fire districts are met on a timely basis;
(3) ensure the ongoing operations of fire departments and fire districts by providing technical assistance to counties and municipalities on transitioning to an accrual accounting basis for the fire protection fund;
(4) submit the final determination and certification of needs and schedule for periodic allotments to the legislative finance committee by July 1, 2017; and
(5) by June 30, 2018, ensure that county fire districts and municipalities have fully transitioned to operating on an accrual accounting basis.
B. In making distributions pursuant to Subsection B of Section 29-13-6 and Subsection B of Section 59A-53-7 NMSA 1978, the state treasurer shall ensure that any debt obligations to the New Mexico finance authority are met and are in accordance with Section 6-4-6 NMSA 1978.
C. Nothing in this 2017 act shall be construed to impair any debt obligation pledged for repayment from the law enforcement protection fund or the fire protection fund.
The 2012 amendment, effective May 16, 2012, incorporated the defined terms "municipality" and "marshal"; substituted "municipality" for "incorporated cities, towns and villages", and "marshal" for the personal pronouns "he", "his", and "him" throughout the section; and deleted former Subsection C, which defined the term "marshal" as the state fire marshal.
The 1995 amendment, effective April 5, 1995, added Subsection B, redesignated former Subsection B as Subsection C, and made a minor stylistic change in Subsection A.
