2021 New Mexico Statutes
Chapter 59A - Insurance Code
Article 53 - Fire Protection Fund
Section 59A-53-19 - Fire protection grant council; duties.
A. The "fire protection grant council" is created. The council consists of:
(1) a representative of the New Mexico municipal league;
(2) a representative of the New Mexico association of counties;
(3) two members appointed by the fire services council, who shall serve at the pleasure of the council;
(4) three members, one from each congressional district, appointed by the governor who shall serve at the pleasure of the governor; and
(5) the marshal, who shall serve as a nonvoting advisory member. The council shall elect a chair and vice chair from its membership.
B. The public members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
C. The council shall develop criteria for assessing the critical needs of municipal fire departments and county fire districts for:
(1) fire apparatus and equipment;
(2) communications equipment;
(3) equipment for wildfires;
(4) fire station construction or expansion;
(5) equipment for hazardous material response;
(6) stipends for volunteer firefighters; and
(7) recruiting and retention programs for volunteer firefighters.
D. Applications for grant assistance from the fire protection grant fund shall be made by fire districts to the council in accordance with the requirements of the council. Using criteria developed by the council, the council shall evaluate applications and prioritize those applications most in need of grant assistance from the fund. To the extent that money in the fund is available, the council shall award grant assistance for those prioritized applications.
E. In awarding grant assistance, the council may require conditions and procedures necessary to ensure that the money is expended in the most prudent manner.
F. When considering applications for grant assistance to pay stipends to volunteer firefighters, the council shall:
(1) ensure the proposed stipends will comply with the federal Fair Labor Standards Act of 1938 and United States department of labor requirements for maintaining volunteer status;
(2) require a basic level of training before a volunteer may receive a stipend;
(3) consider whether the fire district requires a service commitment from its volunteer firefighters in exchange for stipends; and
(4) weight the applications against other criteria or requirements determined by the council.
History: Laws 2006, ch. 103, § 8; 2009, ch. 266, § 1; 2010, ch. 69, § 1; 2012, ch. 20, § 18; 2013, ch. 74, § 34; 2020, ch. 9, § 56; 2021, ch. 125, § 3.
ANNOTATIONSCross references. — For the federal Fair Labor Standards Act of 1938, see 29 U.S.C. § 201 et seq.
The 2021 amendment, effective July 1, 2021, removed the requirement that stipends for volunteer firefighters be provided only in underserved areas, and required that the fire protection grant council assess the need for recruiting and retention programs for volunteer firefighters; in Subsection C, Paragraph C(6), after "firefighters", deleted "in underserved areas", and added Paragraph C(7); and in Subsection F, in the introductory clause, after "firefighters", deleted "in underserved areas", and deleted former Paragraph F(1) and redesignated former Paragraphs F(2) through F(5) as Paragraphs F(1) through F(4), respectively.
The 2020 amendment, effective July 1, 2021, revised the composition of the fire protection grant council, and removed a provision prohibiting members or employees of the public regulation commission and the superintendent of insurance from being appointed to the council; in Subsection A, in the introductory paragraph, after "created", deleted "Subject to the requirements of Subsection B of this section", in Paragraph A(3), after "appointed by the", deleted "public regulation commission who shall serve at the pleasure of the commission" and added "fire services council, who shall serve at the pleasure of the council"; and deleted former Subsection B and redesignated the succeeding subsections accordingly.
The 2013 amendment, effective March 29, 2013, prohibited members of the fire protection grant council from being a member or employee of the office of superintendent of insurance; and in Subsection B, after "member", added "or employee", after "public regulation commission or the", added "office of", and after "insurance", deleted "or any other employee of the commission".
The 2012 amendment, effective May 16, 2012, corrected the reference to municipal fire departments, and in Subparagraph D, in the introductory sentence, after "critical needs of municipal", added "fire departments".
The 2010 amendment, effective May 19, 2010, in Subsection C, after "The public members", deleted "shall" and added "are entitled to"; in Subsection D, added the paragraph designations; in Subsection D(5), changed "or" to "and"; added Subsection D(6); and added Subsection G.
The 2009 amendment, effective June 19, 2009, in Subsection B, after "employee of the commission", deleted "or an active member of a municipal fire department or a county fire district".
