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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 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
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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)."