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AN ACT

RELATING TO FIREFIGHTERS; ENACTING THE FIREFIGHTERS' SURVIVORS

SUPPLEMENTAL BENEFITS ACT; CREATING THE FIREFIGHTERS'

SURVIVORS FUND; PROVIDING FOR A DISTRIBUTION TO THE FUND;

MAKING AN APPROPRIATION.

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

Section 1. SHORT TITLE.--Sections 1 through 5 of this

act may be cited as the "Firefighters' Survivors Supplemental

Benefits Act".

Section 2. FINDINGS--PURPOSE.--The legislature finds

that firefighters throughout the state risk their lives daily

to protect the residents of New Mexico. The legislature

further finds that when firefighters are killed in the line of

duty, their immediate families can suffer grievously, both

emotionally and economically. To recognize the substantial

public safety benefits conferred by firefighters, and in

consideration of the sacrifices undertaken by these

individuals and their families for the residents of New

Mexico, it is the purpose of the Firefighters' Survivors

Supplemental Benefits Act to ensure that certain supplemental

death benefits accrue to the spouses and surviving children,

or parents if there are no surviving children or spouse, of

firefighters killed in the line of duty.

Section 3. DEFINITIONS.--As used in the Firefighters'

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Survivors Supplemental Benefits Act:

A. "firefighter" means any full- or part-time

member or a volunteer member of a fire department that is part

of or administered by the state or any political subdivision

of the state and any red-carded firefighter trained in

wildland firefighting skills and hired by the state of New

Mexico; and

B. "fund" means the firefighters' survivors fund.

Section 4. FIREFIGHTERS' SURVIVORS FUND CREATED.--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 and

distributions 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 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.

Section 5. FIREFIGHTERS' SURVIVORS SUPPLEMENTAL

BENEFITS--REVIEW COMMITTEE--DETERMINATION--PAYMENT.--

A. There is created the "firefighters' survivors

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supplemental death benefits review committee". The committee

shall consist of the attorney general, the president of the

New Mexico fire chiefs association, the state president of the

New Mexico professional firefighters association and the

president of the New Mexico state fire fighters association or

their designees.

B. The firefighters' survivors supplemental death

benefits review committee shall determine whether a

firefighter has been killed in the line of duty 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 fifty thousand dollars ($50,000) 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 6. Section 59A-53-7 NMSA 1978 (being Laws 1984,

Chapter 127, Section 978, as amended) is amended to read:

"59A-53-7. DISTRIBUTION OF FIRE PROTECTION FUND.--

A. Annually on or before the last day of July, the

state treasurer shall distribute from the money in the fire

protection fund, to each incorporated municipality and to each

county fire district, the amount the marshal or the

commission, as the case may be, has certified to the state

treasurer. Payment shall be made to the treasurer of any

incorporated municipality and to the county treasurer of the

county in which any county fire district is located for credit

to the county fire district.

B. The state treasurer is authorized to redirect a

distribution to the New Mexico finance authority in the amount

the marshal or the commission, as the case may be, has

certified to the state treasurer pursuant to an ordinance or a

resolution passed by the municipality or county and a written

agreement of the municipality or county in which any county

fire district is located and the New Mexico finance authority.

C. In addition to the distributions made pursuant

to Subsections A and B of this section, upon certification by

the marshal that the balance of the firefighters' survivors

fund is less than fifty thousand dollars ($50,000), the state

treasurer shall distribute an amount from the fire protection

fund to the firefighters' survivors fund so that the balance

of the firefighters' survivors fund equals fifty thousand

dollars ($50,000)."

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