HOUSE BILL 277

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Jason C. Harper and Harlan Vincent and Javier Martínez

and Gail Chasey and Reena Szczepanski

 

 

 

AN ACT

RELATING TO FIRST RESPONDERS; INCREASING SUPPLEMENTAL DEATH BENEFITS TO THE SURVIVING SPOUSE OR CHILDREN OF FIREFIGHTERS KILLED IN THE LINE OF DUTY FROM TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) TO ONE MILLION DOLLARS ($1,000,000); MAKING APPLICATION OF SUPPLEMENTAL DEATH BENEFITS FOR SURVIVORS OF FIREFIGHTERS, NEW MEXICO MOUNTED PATROL MEMBERS OR RESERVE POLICE OFFICERS APPLICABLE TO THE DEATHS OF THOSE FIRST RESPONDERS IN THE LINE OF DUTY ON OR AFTER JANUARY 1, 2022; AMENDING SECTIONS OF THE NMSA 1978.

 

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

     SECTION 1. Section 10-11B-5 NMSA 1978 (being Laws 2007, Chapter 149, Section 5, as amended) is amended to read:

     "10-11B-5. FIREFIGHTERS' SURVIVORS SUPPLEMENTAL BENEFITS--REVIEW COMMITTEE--DETERMINATION--PAYMENT.--

          A. There is created the "firefighters' survivors supplemental death benefits review committee". The committee shall consist of the attorney general or the attorney general's designee and the fire services council.

          B. The firefighters' survivors supplemental death benefits review committee shall determine whether a firefighter has been killed in the line of duty for a death occurring on or after January 1, 2022 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 [two hundred fifty thousand dollars ($250,000)] one million dollars ($1,000,000) as supplemental death benefits whenever a firefighter is killed in the line of duty. The benefits shall be paid from the fund.

          C. The benefits shall be paid entirely to the surviving spouse. If there is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, benefits shall be distributed to the surviving parents of the firefighter."

     SECTION 2. Section 29-4A-5 NMSA 1978 (being Laws 1995, Chapter 59, Section 5, as amended) is amended to read:

     "29-4A-5. PEACE OFFICERS', NEW MEXICO MOUNTED PATROL MEMBERS' AND RESERVE POLICE OFFICERS' SURVIVORS SUPPLEMENTAL DEATH BENEFITS--REVIEW COMMITTEE--DETERMINATION--PAYMENT.--

          A. There is created the "peace officers', New Mexico mounted patrol members' and reserve police officers' survivors supplemental death benefits review committee". The committee shall consist of the attorney general, the chief of the New Mexico state police and the state president of the fraternal order of police or their designees.

          B. The peace officers', New Mexico mounted patrol members' and reserve police officers' survivors supplemental death benefits review committee shall determine whether a peace officer, New Mexico mounted patrol member or reserve police officer has been killed in the line of duty for a death occurring on or after January 1, 2022 and advise the secretary of that determination. In addition to any other death benefits provided by law, the surviving spouse, children or parents shall be paid one million dollars ($1,000,000) as supplemental death benefits whenever a peace officer, New Mexico mounted patrol member or reserve police officer is killed in the line of duty. The benefits shall be paid from the fund.

          C. The benefits shall be paid first to the surviving spouse. If there is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, benefits shall be distributed to the surviving parents of the peace officer, New Mexico mounted patrol member or reserve police officer."