HOUSE BILL 565

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nathan "Nate" Cote

AN ACT

RELATING TO PUBLIC SAFETY; AMENDING THE FIRE PROTECTION FUND LAW TO ALLOW A DISTRIBUTION TO THE EMERGENCY MEDICAL SERVICES FUND FROM FUNDS THAT WOULD OTHERWISE REVERT TO THE GENERAL FUND.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-10A-3 NMSA 1978 (being Laws 1978, Chapter 178, Section 3, as amended by Laws 2001, Chapter 258, Section 3 and by Laws 2001, Chapter 273, Section 3) is amended to read:

     "24-10A-3. EMERGENCY MEDICAL SERVICES FUND CREATED--FUNDING.--

          A. The "emergency medical services fund" is created in the state treasury. Money in the fund shall not revert at the end of any fiscal year. Money appropriated to the fund, transferred to the fund from the fire protection fund or accruing to [it] the fund through gifts, grants, fees or bequests shall be deposited in the fund. Interest earned on investment of the fund shall be credited to the general fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary or [his] the secretary's authorized representative.

          B. The bureau shall administer the fund and provide for the distribution of the fund pursuant to the Emergency Medical Services Fund Act and rules adopted pursuant to the provisions of that act.

          C. In any fiscal year, no less than seventy-five percent of the money in the fund shall be used for the local emergency medical services funding program to support the cost of supplies and equipment and operational costs other than salaries and benefits for emergency medical services personnel. This money shall be distributed to municipalities and counties on behalf of eligible local recipients, using a formula established pursuant to rules adopted by the department. The formula shall determine each municipality's and county's share of the fund based on the relative geographic size and population of each county. The formula shall also base the distribution of money for each municipality and county on the relative number of runs of each local recipient eligible to participate in the distribution.

          D. In any fiscal year, no more than:

                (1) twenty-two percent of the fund may be used for emergency medical services system improvement projects, including the purchase of emergency medical services vehicles, local and statewide emergency medical services system support projects, the statewide trauma care system program and the emergency medical dispatch agency support program; and

                (2) three percent of the fund may be used by the bureau and emergency medical services regional offices for administrative costs, including monitoring and providing technical assistance.

          E. In any fiscal year, money in the fund that is not distributed pursuant to the provisions of Subsection D of this section may be distributed pursuant to the provisions of Subsection C of this section."

     SECTION 2. Section 59A-53-2 NMSA 1978 (being Laws 1984, Chapter 127, Section 973, as amended) is amended to read:

     "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:

          A. 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 that the hazard of loss by fire and fire insurance rates may be reduced and the public safety thereby promoted; and

          B. the emergency medical services fund referred to in Section 24-10A-3 NMSA 1978."

     SECTION 3. Section 59A-53-5.2 NMSA 1978 (being Laws 2007, Chapter 152, Section 1, as amended) is amended to read:

     "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] the Fire Protection Fund Law is appropriated from the fire protection fund to the commission for the purpose of making the distributions.

          B. For the purposes of Subsections C [and], D and E of this section, the "remaining balance in the fire protection fund" shall be calculated on June 30 of each year and shall equal the balance of the fund on that date less the sum of:

                (1) the total amount to be distributed during the succeeding fiscal year pursuant to Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978; and

                (2) the total amount of other appropriations from the fire protection fund for the succeeding fiscal year.

          C. On the following dates, the following percentages of the remaining balance in the fire protection fund shall be transferred from the fire protection fund to the fire protection grant fund:

                (1) on June 30, 2007, six and seven-tenths percent;

                (2) on June 30, 2008, thirteen and four-tenths percent;

                (3) on June 30, 2009, thirteen and four-tenths percent;

                (4) on June 30, 2010, thirteen and four-tenths percent;

                (5) on June 30, 2011, thirteen and four-tenths percent;

                (6) on June 30, 2012, thirteen and four-tenths percent;

                (7) on June 30, 2013, twenty and one-tenth percent;

                (8) on June 30, 2014, twenty-six and eight-tenths percent;

                (9) on June 30, 2015, thirty-three and five-tenths percent;

                (10) on June 30, 2016, forty and two-tenths percent;

                (11) on June 30, 2017, forty-six and nine-tenths percent; 

                (12) on June 30, 2018, fifty-three and six-tenths percent;

                (13) on June 30, 2019, sixty and three-tenths percent;

                (14) on June 30, 2020, sixty-seven percent;

                (15) on June 30, 2021, seventy-three and seven-tenths percent;

                (16) on June 30, 2022, eighty and four-tenths percent;

                (17) on June 30, 2023, eighty-seven and one-tenth percent;

                (18) on June 30, 2024, ninety-three and eight-tenths percent; and

                (19) on June 30, 2025, and on each subsequent June 30, one hundred percent.

          D. On June 30 of each year, ten percent, not to exceed seven million dollars ($7,000,000), of the remaining balance in the fire protection fund, less the amount to be transferred on that date pursuant to Subsection C of this section, shall be transferred to the emergency medical services fund.

          [D.] E. On June 30 of each year, the remaining balance in the fire protection fund, less the amount to be transferred on that date pursuant to [Subsection] Subsections C and D of this section, shall be transferred to the general fund; provided that no transfer shall be made pursuant to this subsection after June 30, 2024."