2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 53 - Fire Protection Fund
Section 59A-53-4 - Criteria for determination of needs; municipal fire department.
A. In making the determination of needs pursuant to Section 59A-53-3 NMSA 1978, the marshal shall first determine that each municipality to be certified has maintained an official fire department created by and regulated in accordance with a duly enacted ordinance for a period of at least one year prior to the date of certification and possesses fire equipment and apparatus in serviceable condition to respond to a fire incident. The marshal shall also determine the number of fire stations and substations to be certified and shall certify to the state treasurer the amount to be distributed to each municipality for the purpose of maintaining each fire station and each substation, if any, that meets the requirements of the marshal and the requirements of this section. Unless adjusted pursuant to Section 59A-53-5.1 NMSA 1978, the amounts distributed in a fiscal year for a class insurance rating shall equal the following:
| class | main station | substation |
| number 1 | $ 82,592 | $ 30,606 |
| number 2 | 77,086 | 28,780 |
| number 3 | 70,919 | 26,724 |
| number 4 | 64,751 | 24,667 |
| number 5 | 61,667 | 22,612 |
| number 6 | 58,584 | 20,555 |
| number 7 | 55,501 | 19,530 |
| number 8 | 52,418 | 18,502 |
| number 9 | 39,058 | 15,425 |
| number 10 | 34,944 | none. |
B. Any municipality may permit its fire department to service an area adjacent and contiguous to its corporate limits but within the corporate limits of another municipality or a county; provided that the other municipality or county by resolution or law duly adopted or enacted consents to the service and to the boundaries of the other area serviced. Before commencement of service, a plat showing the geographic limits and boundaries of the additional area to be serviced shall be filed with and approved by the marshal. A municipality may apply for fire protection fund eligibility for any fire station located within the additional area to be serviced.
C. Any municipality may apply for fire protection fund eligibility for a fire station located at a municipally owned airport, whether located outside or within its corporate limits.
History: Laws 1984, ch. 127, § 975; 1989, ch. 312, § 4; 1996, ch. 40, § 1; 1998, ch. 76, § 1; 2006, ch. 103, § 1; 2012, ch. 20, § 4.
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, provided for municipal fire protection service across jurisdictional lines; in the title, added "municipal fire department"; in Subsection A, in the first sentence, after "shall first determine that each", deleted "incorporated", and in the second sentence, after "stations and substations", deleted "located in each municipality"; and added Subsections B and C.
The 2006 amendment, effective May 17, 2006, added "unless adjusted pursuant to 59A-53-5.1 NMSA 1978" and increased the amount to be distributed to each main station and substation.
The 1998 amendment, effective May 20, 1998, rewrote this section.
The 1996 amendment, effective April 30, 1996, substituted "determination of needs pursuant to Section 59A-53-3 NMSA" for "foregoing determination of needs" in the first sentence and substituted new amounts for the main station and substation allocations in the table.
