2019 New Mexico Statutes
Chapter 59A - Insurance Code
Article 53 - Fire Protection Fund
Section 59A-53-7 - Distribution of fire protection fund.

A. Based on periodic allotments approved by the marshal, the state treasurer shall distribute from the money in the fire protection fund, to each municipality and county fire district, the amount that the marshal or the public regulation commission, as the case may be, has certified to the state treasurer. Payment shall be made to the treasurer of any municipality and to the county treasurer of the county in which any county fire district is located for credit to the county fire district.

B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in the amount that the marshal or the public regulation commission, as the case may be, has certified to the state treasurer pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county in which any county fire district is located and the New Mexico finance authority.

C. In addition to the distributions made pursuant to Subsections A and B of this section, upon certification by the marshal that the balance of the firefighters' survivors fund is less than two hundred fifty thousand dollars ($250,000), the state treasurer shall distribute an amount from the fire protection fund to the firefighters' survivors fund so that the balance of the firefighters' survivors fund equals two hundred fifty thousand dollars ($250,000).

History: Laws 1984, ch. 127, § 978; 1989, ch. 312, § 7; 1994, ch. 54, § 3; 1996, ch. 28, § 5; 1998, ch. 108, § 44; 2007, ch. 149, § 6; 2012, ch. 20, § 8; 2015, ch. 24, § 1; 2017, ch. 1, § 6.

The 2017 amendment, effective June 16, 2017, created a new requirement for the state treasurer to use periodic allotments approved by the state fire marshal to distribute money in the fire protection fund, and made technical changes; in Subsection A, deleted "Annually on or before the last day of July" and added "Based on periodic allotments approved by the marshal", and after "the amount that the marshal or the", added "regulation"; and in Subsection B, after "the amount that the marshal or the", added "public regulation".

The 2015 amendment, effective July 1, 2015, provided for increased distributions into the firefighters' survivors fund; in Subsection A, after "amount", added "that"; in Subsection C, after "less than", deleted "fifty thousand dollars ($50,000)" and added "two hundred fifty thousand dollars ($250,000)", and after "equals", deleted "fifty thousand dollars ($50,000)" and added "two hundred fifty thousand dollars ($250,000)".

The 2012 amendment, effective May 16, 2012, in Subsection A, in the first sentence, after "fire protection fund, to each", deleted "incorporated", and after "municipality and", deleted "to each"; and in the second sentence, after "treasurer of any", deleted "incorporated".

The 2007 amendment, effective June 15, 2007, added Subsection C.

The 1998 amendment, effective January 1, 1999, in Subsection A, deleted "as" preceding "the marshal", substituted "commission" for "state fire board" and substituted "has" for "shall have"; and in Subsection B, substituted "commission" for "state fire board" near the beginning and substituted "has" for "shall have" near the end.

The 1996 amendment, effective March 4, 1996, inserted "an ordinance or a resolution passed by the municipality or county and" in Subsection B.

The 1994 amendment, effective May 18, 1994, designated the previously undesignated language as Subsection A, and substituted "of the county" for "or the county" in the second sentence thereof; and added Subsection B.