HOUSE BILL 124

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Candie G. Sweetser and Gail Armstrong

ENDORSED BY THE NEW MEXICO FINANCE AUTHORITY

OVERSIGHT COMMITTEE

AN ACT

RELATING TO FIRE PROTECTION; CLARIFYING THAT MONEY FROM THE FIRE PROTECTION FUND MAY BE USED TO PURCHASE LAND FOR FIRE STATIONS AND SUBSTATIONS; ALLOWING FIRE PROTECTION FUND AWARDS TO ENTITIES HAVING OUTSTANDING OBLIGATIONS ASSOCIATED WITH PRIOR FIRE PROTECTION FUND AWARDS.

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

     SECTION 1. Section 59A-53-8 NMSA 1978 (being Laws 1984, Chapter 127, Section 979, as amended) is amended to read:

     "59A-53-8. EXPENDITURE OF FIRE PROTECTION FUND MONEY.--[Any amount] Money distributed from the fire protection fund to a municipality or to a county fire district [shall]:

          A. may be expended only for the:

                (1) maintenance of its fire department; [the]

                (2) purchase or refinance of land for its fire stations and substations;

                (3) purchase, refinance, construction, maintenance, repair and operation of its fire stations [including] and substations;

                (4) purchase or refinance of fire apparatus and equipment [and the financing or refinancing thereof the];

                (5) payment of insurance premiums on fire stations, substations, fire apparatus and equipment and insurance premiums for injuries or deaths of firefighters as otherwise provided by law; [and]

                (6) payment of fire department emergency medical services, except salaries [provided, however, that no money shall be expended from the fund for any purpose relating to the water supply systems of a municipality or county fire district or for the improvement or construction of the systems or for purchase, rental, installation or maintenance of fire hydrants or for any other appurtenances relating to the distribution or use of the water supply system. Funds distributed from the fire protection fund to an incorporated municipality or a county fire district may also be expended for the expense of firefighters for attending]; and

                (7) payment of firefighters' attendance at fire schools and conventions approved by the marshal; and

          B. shall not be expended for any purpose related to:

                (1) its water supply systems or the improvement or construction of those systems;

                (2) the purchase, rental, installation or maintenance of fire hydrants; or

                (3) any other appurtenance related to the distribution or use of water from its water supply system."

     SECTION 2. Section 59A-53-10 NMSA 1978 (being Laws 1984, Chapter 127, Section 981, as amended) is amended to read:

     "59A-53-10. [PURCHASE OF] INTEREST IN LAND [OR BUILDINGS] FOR FIRE STATIONS OR SUBSTATIONS.--[No amount so] Money distributed from the fire protection fund to a municipality or to [any] a county fire district [shall be expended or obligated for the purchase of land or the construction of buildings for fire stations or substations unless all obligations previously incurred for those purposes and to be paid from money distributed from the fire protection fund by the municipality or county fire district have been fully paid and satisfied; and no amount shall] may be expended or obligated for the construction of buildings for fire stations or substations [unless] only if:

          A. the municipality or county fire district proposing to expend or obligate for that purpose [money distributed from the fire protection fund] holds fee simple title, not encumbered by any lien, to the land on which it proposes to construct [any such] the building [provided, however, that this provision shall not prohibit construction or location of a fire station or substation on]; or

          B. the land is donated in whole or in part to the municipality or county fire district for the purpose, and use of fire protection fund money for the construction or location, where the donor has reserved right of reversion of the land under stated conditions, if the use of money is approved by the marshal in advance and after full investigation and determination that the use would be appropriate and reasonable."

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