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

SPONSOR Maestas

ORIGINAL DATE

LAST UPDATED

2/27/07

HB 1143

SHORT TITLE Firefighters’ Disabilities and Survivors Benefits

SB

ANALYST Earnest

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 329 and HB 484

SOURCES OF INFORMATION

LFC Files

Response Received From

Energy, Minerals, and Natural Resources Department (EMNRD)

SUMMARY

Synopsis of Bill

House Bill 1143 establishes the Firefighters’ Disability and Survivors Fund, creates the

Firefighters’ Disability and Survivors Benefits Review Committee, and provides supplemental

death benefits for surviving spouses and family.

HB 1184 defines a firefighter as 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. The bill also defines “disabled in the line of duty", “killed in the line of duty" and

“infectious disease."

The State Fire Marshal will administer the Firefighters’ Disability and Survivors Fund, which

will consist of all gifts, donations and bequests of money as well as appropriations and

distributions to the fund. The fund will not revert to the general fund.

House Bill 1143 – Page

2

The Firefighters’ Disability and Survivors Benefits Review Committee 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 shall review applications from firefighters for disability benefits and make

recommendation to the State Fire Marshal of benefits to be paid from the fund. 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 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.

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.

FISCAL IMPLICATIONS

The bill makes no appropriation or distribution to the newly created fund.

Continuing Appropriations language

This bill creates a new fund and provides for continuing appropriations. The LFC has concerns

with including continuing appropriation language in the statutory provisions for newly created

funds, as earmarking reduces the ability of the legislature to establish spending priorities.

SIGNIFICANT ISSUES

EMNRD notes that a firefighter’s income is often 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 resources.

The Forestry Division of EMNRD has approximately 46 full-time, red card qualified employees

whose families would qualify for this benefit if killed in the line of duty. During a severe fire

season, the division may also employ approximately 200 additional emergency firefighters,

whose families would also qualify.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 1184 relates to House Bill 377 and Senate Bill 329.

BE/nt