45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO FIRE PROTECTION; PROVIDING FOR AN ANNUAL DISTRIBUTION FROM THE FIRE PROTECTION FUND TO PROVIDE FOR VEHICLE AND FIRE APPARATUS PURCHASES; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Fire Protection Fund Law, Section 59A-53-6.2 NMSA 1978, is enacted to read:

"59A-53-6.2. [NEW MATERIAL] EQUIPMENT AND FACILITY FUND--CREATION--DISTRIBUTION--REVERSION.--

A. The "equipment and facility fund" is created in the state treasury. The fund shall consist of transfers made to the fund pursuant to Subsection B of this section. Money in the fund is appropriated for use by the state fire marshal pursuant to the provisions of this section.

B. On or before July 1 of each year, a transfer shall be made from the fire protection fund to the equipment and facility fund in an amount equal to ten percent of the balance in the fire protection fund as of the preceding May 1.

C. The equipment and facility fund shall be administered by the state fire marshal for distribution to counties and incorporated municipalities for the purpose of acquiring portable equipment, fire apparatus and special apparatus relating to fire department operations and facility construction. The following procedures govern distributions from the fund:

(1) the marshal shall appoint a "vehicle and apparatus acquisition advisory committee" to assist the marshal in developing a grant application process and approving grants for distributions from the fund;

(2) municipalities or counties interested in receiving a distribution from the fund shall make application to the marshal;

(3) no distribution shall be made unless the municipality or county agrees to match the distribution with at least twenty-five percent of the value of the equipment or facility. Each application shall include a detailed statement and plan for providing the match and the nature of the financial or in-kind match to be provided. The municipality or county may satisfy the match through a grant from the New Mexico finance authority; and

(4) the total distribution given to a county or municipality in one year shall not exceed two hundred thousand dollars ($200,000).

D. Any unexpended or unencumbered balance remaining in the equipment and facility fund at the end of a fiscal year shall revert to the fire protection fund."

Section 2. Section 59A-53-15 NMSA 1978 (being Laws 1984, Chapter 127, Section 986, as amended) is amended to read:

"59A-53-15. APPROPRIATION FROM STATE TREASURY.--All money [which] that from time to time is deposited in the state treasury and credited to the fire protection fund is appropriated to the [corporation] commission for the use of the state fire marshal for the purposes set out in Chapter 59A, Article 53 NMSA 1978 and shall be distributed by the state treasurer and expended as provided in that article. Hereafter, all sums in excess of one hundred thousand dollars ($100,000) for pro rata distribution plus seventy-five percent of the approved state fire marshal budget for the succeeding fiscal year plus the amount certified to be distributed as provided in that article plus the amount to be transferred to the equipment and facility fund pursuant to Section 59A-53-6.2 NMSA 1978 shall be credited to the general fund on or before June 30 of each fiscal year."