Section 59A-53-1 – Short title.
Chapter 59A, Article 53 NMSA 1978 may be cited as the “Fire Protection Fund Law”. History: Laws 1984, ch. 127, § 972; 1989, ch. 312, § 1.
Section 59A-53-10 – Interest in land for fire stations or substations.
Money distributed from the fire protection fund to a municipality or to a county fire district may be expended or obligated for the construction of buildings for fire stations or substations only if: A. the municipality or county fire district proposing to expend or obligate for that purpose holds fee simple title, not encumbered by […]
Section 59A-53-11 – Vouchers.
A. Amounts so distributed from the fire protection fund to a municipality or to any county fire district shall be expended under the direction of the chief of the fire department of the municipality or county fire district, upon duly executed vouchers approved as required by law. B. In no event is any amount to […]
Section 59A-53-12 – Promulgation of rules.
The marshal has authority to promulgate, modify, amend and revoke from time to time rules, including those for mutual aid among and between fire departments; provided that no such rules shall allow any fire department to extend its service in any manner that would jeopardize the fire insurance rates within its municipality or county fire […]
Section 59A-53-13 – Liability for unauthorized expenditure.
Any person who shall expend, or direct or permit the expenditure of, any money distributed from the fire protection fund for purposes not expressly authorized by Chapter 59A, Article 53 NMSA 1978 or by rules duly promulgated by the marshal pursuant to that article shall be personally liable to the state of New Mexico for […]
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 […]
Section 59A-53-15 – Repealed.
History: Laws 1984, ch. 127, § 986; 1989, ch. 312, § 15; 2007, ch. 152, § 2. ANNOTATIONS Repeals. — Laws 2007, ch. 152, § 2 repealed 59A-53-15 NMSA 1978, as enacted by Laws 1984, ch. 127, § 986, relating to appropriation of fire protection funds from the state treasury, effective June 15, 2007. For […]
Section 59A-53-16 – New fire departments.
Whenever the marshal, after the last day of May in any year, determines that a municipality or county fire district, operating a new fire department, has met the requirements of Chapter 59A, Article 53 NMSA 1978 for the first time, the marshal may certify to the state treasurer the name of the municipality or county […]
Section 59A-53-17 – Mutual assistance.
Notwithstanding the provisions of Sections 59A-53-5 and 59A-53-12 NMSA 1978, or any other provision of law to the contrary, fire districts may render assistance to other fire districts, and equipment of fire districts may be used outside the district, if the use is authorized by the county fire marshal, and the county fire marshal before […]
Section 59A-53-18 – Fire protection grant fund; created; uses.
The “fire protection grant fund” is created in the state treasury. The fund shall consist of transfers, distributions, appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the […]
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 […]
Section 59A-53-2 – Purpose.
It is the purpose of the Fire Protection Fund Law to provide for distribution of funds from the fire protection fund referred to in Section 59A-6-5 NMSA 1978 to municipalities and to county fire districts, in proportion to their respective needs, for use in operation, maintenance and betterment of local fire departments, to the end […]
Section 59A-53-2.1 – Definitions.
As used in the Fire Protection Fund Law: A. “marshal” means the state fire marshal as further identified in Chapter 59A, Article 52 NMSA 1978; and B. “municipality” means an incorporated city, town or village. History: Laws 2012, ch. 20, § 2. ANNOTATIONS Effective dates. — Laws 2012, ch. 20 contained no effective date provision, […]
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 […]
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 […]
Section 59A-53-5 – Establishment of fire districts.
A. The county commissioners of any county may establish one or more fire districts. The marshal shall 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 fire district for the purpose of maintaining each fire station and each substation, […]
Section 59A-53-5.1 – Maximum amounts to be certified.
A. For fiscal year 2007 and each fiscal year thereafter, the marshal shall certify a total amount equal to the higher of the amount that would be certified pursuant to Sections 59A-53-4 and 59A-53-5 NMSA 1978 or an amount to be determined by adding: (1) the total increase in the fire protection fund receipts in […]
Section 59A-53-5.2 – Appropriations and transfers from the fire protection fund.
A. For each fiscal year, the amount to be distributed by the marshal pursuant to Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978 is appropriated from the fire protection fund to the state fire marshal for the purpose of making the following distributions: (1) the total amount to be distributed during the fiscal year pursuant to […]
Section 59A-53-5.3 – Fire station and fire protection services across jurisdictional lines.
A. Nothing in the Fire Protection Fund Law shall be construed to prohibit fire protection fund eligibility to a municipal or county fire station or substation that otherwise meets the requirements of the marshal and the requirements of the Fire Protection Fund Law but is not located within the municipality or county. B. Nothing in […]
Section 59A-53-6 – Appeal and review of determination.
The marshal shall promptly notify each municipality and county fire district affected of the marshal’s determination of needs, and a municipality or county fire district may appeal from the determination of the marshal to the commission, within ten days after the determination of needs. The commission shall review the determination of the marshal in such […]