HOUSE BILL 1143
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO FIREFIGHTERS; ENACTING THE FIREFIGHTERS' DISABILITY AND SURVIVORS SUPPLEMENTAL BENEFITS ACT; CREATING THE FIREFIGHTERS' DISABILITIES AND SURVIVORS FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Firefighters' Disability and Survivors Benefits Act".
Section 2. FINDINGS--PURPOSE.--The legislature finds that firefighters throughout the state risk their lives daily to protect the residents of New Mexico. The legislature further finds that when firefighters are disabled or killed in the line of duty, their immediate families can suffer grievously, both emotionally and economically. To recognize the substantial public safety benefits conferred by firefighters, and in consideration of the sacrifices undertaken by these individuals and their families for the residents of New Mexico, it is the purpose of the Firefighters' Disability and Survivors Benefits Act to ensure that certain supplemental disability benefits and death benefits accrue to the firefighter and the firefighter's family, if a firefighter is disabled or killed in the line of duty.
Section 3. DEFINITIONS.--As used in the Firefighters' Disability and Survivors Benefits Act:
A. "disabled in the line of duty" includes:
(1) exposure to and infection with an infectious disease while on duty as a firefighter so that the firefighter is unable to perform the duties of a firefighter; or
(2) development of cardiovascular disease during a period while the firefighter was serving as a member of a fire department so that the firefighter is unable to perform the duties of a firefighter;
B. "firefighter" means any full- or part-time member or a volunteer member of a fire department that is part of or administered by the state or any political subdivision of the state and any red-carded firefighter trained in wildland firefighting skills and hired by the state of New Mexico;
C. "fund" means the firefighters' disabilities and survivors fund.
D. "infectious disease" means a communicable disease transmittable through an exposure, including acquired immune deficiency syndrome, hepatitis A, hepatitis B, hepatitis C, meningococcal meningitis or mycobacterium tuberculosis; and
E. "killed in the line of duty" includes death from:
(1) an infectious disease after exposure to the disease while on duty as a firefighter; or
(2) a cardiovascular disease developed while serving as a member of a fire department.
Section 4. FIREFIGHTERS' DISABILITIES AND SURVIVORS FUND CREATED.--The "firefighters' disabilities and survivors fund" is created in the state treasury and shall be administered by the state fire marshal. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations and distributions made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the state fire marshal for the purpose of paying disability benefits and death benefits pursuant to the Firefighters' Disability and Survivors Benefits Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the state fire marshal. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert.
Section 5. FIREFIGHTERS' DISABILITY AND SURVIVORS BENEFITS REVIEW COMMITTEE--DETERMINATION--PAYMENT.--
A. There is created the "firefighters' disability and survivors benefits review committee". The committee shall consist of the attorney general, the president of the New Mexico fire chiefs association, the state president of the New Mexico professional firefighters association and the president of the New Mexico state fire fighters association or their designees.
B. Upon application by a firefighter, the firefighters' disability and survivors benefits review committee shall determine if the firefighter was disabled in the line of duty and advise the state fire marshal of that determination and a recommended benefit. In addition to any other disability benefits, the state fire marshal shall pay the firefighter the amount of the recommended benefit from the fund.
C. The firefighters' disability and survivors benefits review committee shall determine whether a firefighter has been killed in the line of duty and advise the state fire marshal of that determination. In addition to any other death benefits provided by law, the surviving spouse or children shall be paid fifty thousand dollars ($50,000) as supplemental death benefits whenever a firefighter is killed in the line of duty. The benefits shall be paid from the fund.
D. The death benefits shall be paid entirely to the surviving spouse. If there is no surviving spouse, the death benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, death benefits shall be distributed to the surviving parents of the firefighter.
E. The firefighters' disability and survivors benefits review committee shall adopt rules for determining if a firefighter has been disabled or killed in the line of duty and shall, by rule, adopt a schedule of disability benefits.
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