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F I S C A L I M P A C T R E P O R T

SPONSOR Jennings

DATE TYPED 03/01/05 HB

SHORT TITLE Fire Fighters Survivors Supplemental Benefits

SB 946

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$0.1

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

$0.1

Fire Fighters Survi-

vors Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Energy, Minerals & Natural Resources Department (EMNRD)

Public Regulation Commission (PRC)

SUMMARY

Synopsis of Bill

Senate Bill 946

creates the Firefighters’ Survivors Supplemental Benefits Act, establishes the

Firefighters’ Survivors Fund (FSF) and creates the Firefighters’ Survivors Supplemental Death

Benefits Review Committee (FSSDBRC).

The bill recognizes firefighters in the state risk their lives to protect New Mexico’s residents and

when firefighters are killed in the line of duty, their immediate families can suffer emotionally as

well as economically. The act will ensure supplemental death benefits accrue to the spouse and

living children or parents of firefighters killed in the line of duty. The act defines a firefighter as

Senate Bill 946 -- Page 2

any full or part-time member or a volunteer member of a fire department that is part of or admin-

istered by the state or any political subdivision of the state and any red-carded firefighter trained

in wild land firefighting skills and hired by the State of New Mexico. The FSF will consist of all

gifts, donations and bequests of money to the fund in addition to appropriations to the fund. The

fund will be a non-reverting fund.

The FSSDBRC will consist of the attorney general, the president of the New Mexico fire chief’s

association and the state president of the New Mexico professional firefighters association or

their designees. The committee will determine whether a firefighter has been killed in the line of

duty and advise the state fire marshal of the determination. In addition to any other death bene-

fit, the beneficiaries will be paid $50,000 from the fund as a supplemental death benefit when-

ever a firefighter is killed in the line of duty.

The benefit will be paid entirely to the surviving spouse. If no spouse exists, the benefit will be

paid in pro rata shares to all surviving children. If there are no children or spouse, the benefit will

be paid to the surviving parents of the firefighter.

Significant Issues

The AGO notes this bill is modeled after the current Peace Officers Survivors Supplemental

Benefits Act which was enacted in 1995. NMSA Section 29-4A-1 et seq.

EMNRD states significant issues relate to the danger and risk related to being a firefighter in

New Mexico and the effect of a firefighter losing his or her life has on the fire fighters family.

Often, a firefighter’s income is relatively small and the firefighter does not have sufficient life

insurance to provide for the family if killed in the line of duty. There have been instances where

families of firefighters killed in the line of duty have been left without adequate financial re-

sources.

The forestry division (FD) of EMNRD has approximately 46 full time, red card qualified em-

ployees whose families would qualify for this benefit if killed in the line of duty. During a se-

vere fire season, the Division may also employ approximately 200 additional emergency fire-

fighters, whose families would also qualify.

The FD has an excellent safety record. Since its inception, no full time or emergency employees

have been killed in the line of duty. Unfortunately, there have been fire department members

fatally injured while engaged in the suppression of New Mexico wildfires, the most recent fire-

fighter death occurred in 2003.

FISCAL IMPLICATIONS

The bill title indicates that the bill makes an appropriation, but the bill does not contain an ap-

propriation.

The firefighters' 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 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 death benefits pursuant to the Firefighters' Survivors Supplemental Benefits Act and shall

Senate Bill 946 -- Page 3

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.

This bill creates a new fund and provides for continuing appropriations. The LFC objects to in-

cluding continuing appropriation language in the statutory provisions for newly created funds.

Earmarking reduces the ability of the legislature to establish spending priorities.

In addition to any other death benefit, the beneficiaries will be paid $50,000 from the fund as a

supplemental death benefit whenever a firefighter is killed in the line of duty.

ADMINISTRATIVE IMPLICATIONS

There will be additional responsibility for the state fire marshal. In addition, the legislation does

not specify how often the review committee meets or performs reviews for the determination of,

if a fire fighter was killed in the line of duty.

OTHER SUBSTANTIVE ISSUES

EMNRD provided the following:

It appears that minimum-security inmates participating in the FDs inmate work camp program

(IWC) will be considered firefighters as it is defined in this bill. Annually, the FD qualifies

physically fit minimum-security inmates to participate in its fire management program. The in-

mates are trained and qualified to national wildfire coordinating group, known as red card stan-

dards, but do not actually receive a “red card” and wards of the state are not considered State of

New Mexico employees. Since the inception of the inmate work camp program, male and fe-

male IWC fire crews have contributed to the suppression of approximately 70 wildfires in the

state. Approximately 100 inmates receive fire training and qualify each year.

DW/yr:lg