NMSA 1978, § 59A-53-1 Short title
59A-53-1. Short title
Chapter 59A, Article 53 NMSA 1978 may be cited as the "Fire Protection Fund Law".
Laws 1984, ch. 127, § 972; 1989, ch. 312, § 1.
Fire Protection Fund
NMSA 1978 ch. 59A, art. 53
in effectNMSA 1978, § 59A-53-2 Purpose
59A-53-2. Purpose
It is the purpose of the Fire Protection Fund Law to provide for distribution of funds from the fire protection fund referred to in Section 59A-6-5 NMSA 1978 to municipalities and to county fire districts, in proportion to their respective needs, for use in operation, maintenance and betterment of local fire departments, to the end that the hazard of loss by fire and fire insurance rates may be reduced and the public safety thereby promoted.
Laws 1984, ch. 127, § 973; 1989, ch. 312, § 2; 2012, ch. 20, § 1.
NMSA 1978, § 59A-53-2.1 Definitions
59A-53-2.1. Definitions
As used in the Fire Protection Fund Law:
A. "marshal" means the state fire marshal as further identified in Chapter 59A, Article 52 NMSA 1978; and
B. "municipality" means an incorporated city, town or village.
Laws 2012, ch. 20, § 2.
NMSA 1978, § 59A-53-3 Determination and certification of needs
59A-53-3. Determination and certification of needs
A. Annually, on or before the last day of May, the marshal shall consider and determine, in the marshal's reasonable discretion, the relative needs of municipalities and county fire districts for money in the fire protection fund, based upon the information available to the marshal, and shall certify to the state treasurer the names of the municipalities and county fire districts that the marshal determines need the assistance of a distribution from the money in the fire protection fund, and the amount required by each, in accordance with the provisions of Chapter 59A, Article 53 NMSA 1978. In making this determination and certification, the marshal shall consider the intent and purpose of that article that no municipality or county fire district shall receive money distributed from the fire protection fund merely for the purpose of accumulation when the money is not required to accomplish the purposes of that article.
B. In making a determination and certification of needs, the marshal shall consider and provide for any debt obligations of existing or previously existing fire departments or fire districts.
Laws 1984, ch. 127, § 974; 1989, ch. 312, § 3; 1995, ch. 141, § 24; 2012, ch. 20, § 3.
NMSA 1978, § 59A-53-4 Criteria for determination of needs; municipal fire department
59A-53-4. Criteria for determination of needs; municipal fire department
A. In making the determination of needs pursuant to Section 59A-53-3 NMSA 1978, the marshal shall first determine that each municipality to be certified has maintained an official fire department created by and regulated in accordance with a duly enacted ordinance for a period of at least one year prior to the date of certification and possesses fire equipment and apparatus in serviceable condition to respond to a fire incident. The marshal shall also determine the number of fire stations and substations to be certified and shall certify to the state treasurer the amount to be distributed to each municipality for the purpose of maintaining each fire station and each substation, if any, that meets the requirements of the marshal and the requirements of this section. Unless adjusted pursuant to Section 59A-53-5.1 NMSA 1978, the amounts distributed in a fiscal year for a class insurance rating shall equal the following:
class main station substation number 1 $ 82,592 $ 30,606 number 2 77,086 28,780 number 3 70,919 26,724 number 4 64,751 24,667 number 5 61,667 22,612 number 6 58,584 20,555 number 7 55,501 19,530 number 8 52,418 18,502 number 9 39,058 15,425 number 10 34,944 none.
class
main station
substation
number 1
$ 82,592
$ 30,606
number 2
77,086
28,780
number 3
70,919
26,724
number 4
64,751
24,667
number 5
61,667
22,612
number 6
58,584
20,555
number 7
55,501
19,530
number 8
52,418
18,502
number 9
39,058
15,425
number 10
34,944
none.
B. Any municipality may permit its fire department to service an area adjacent and contiguous to its corporate limits but within the corporate limits of another municipality or a county; provided that the other municipality or county by resolution or law duly adopted or enacted consents to the service and to the boundaries of the other area serviced. Before commencement of service, a plat showing the geographic limits and boundaries of the additional area to be serviced shall be filed with and approved by the marshal. A municipality may apply for fire protection fund eligibility for any fire station located within the additional area to be serviced.
C. Any municipality may apply for fire protection fund eligibility for a fire station located at a municipally owned airport, whether located outside or within its corporate limits.
Laws 1984, ch. 127, § 975; 1989, ch. 312, § 4; 1996, ch. 40, § 1; 1998, ch. 76, § 1; 2006, ch. 103, § 1; 2012, ch. 20, § 4.
NMSA 1978, § 59A-53-5 Establishment of fire districts
59A-53-5. Establishment of fire districts
A. The county commissioners of any county may establish one or more fire districts. The marshal shall determine the number of fire stations and substations to be certified and shall certify to the state treasurer the amount to be distributed to each fire district for the purpose of maintaining each fire station and each substation, if any, that meets the requirements of the marshal and the requirements of this section. Unless adjusted pursuant to Section 59A-53-5.1 NMSA 1978, the amounts distributed in a fiscal year for a class insurance rating shall equal the following:
class main station substation number 1 $ 82,592 $ 30,606 number 2 77,086 28,780 number 3 70,919 26,724 number 4 64,751 24,667 number 5 61,667 22,612 number 6 58,584 20,555 number 7 55,501 19,530 number 8 52,418 18,502 number 9 39,058 15,425 number 10 34,944 none.
class
main station
substation
number 1
$ 82,592
$ 30,606
number 2
77,086
28,780
number 3
70,919
26,724
number 4
64,751
24,667
number 5
61,667
22,612
number 6
58,584
20,555
number 7
55,501
19,530
number 8
52,418
18,502
number 9
39,058
15,425
number 10
34,944
none.
B. Additionally, prior to the disbursement of any funds, the following must be established to the satisfaction of the marshal:
(1) the fire district has maintained an official fire department for a period of at least one year, established and governed by appropriate resolution of the board of county commissioners and possesses fire apparatus and equipment in serviceable condition to respond to a fire incident;
(2) the geographic limits and boundaries of the fire district have been clearly defined and established in a plat showing the geographic limits and boundaries accepted and filed as part of the official record of proceedings of the board of county commissioners and a certified copy thereof filed with the marshal; and
(3) there is available within the geographic limits and boundaries of the fire district an adequate water supply to be used in connection with the firefighting facilities of the fire district.
C. The county commissioners of any county may permit a county fire district to service an area adjacent and contiguous to the district but within another county or municipality; provided that the county commissioners of the other county or the municipality consent by resolution or law duly adopted or enacted to the service and to the boundaries of the other area serviced. Before commencement of service, a plat showing the geographic limits and boundaries of the county fire district and of the additional area to be serviced shall be filed with and approved by the marshal. Any county may apply for fire protection fund eligibility for any fire station located within the additional area to be serviced.
1978 Comp., § 59A-53-5, enacted by Laws 1989, ch. 312, § 5; 1996, ch. 40, § 2; 1998, ch. 76, § 2; 2006, ch. 103, § 2; 2012, ch. 20, § 5.
NMSA 1978, § 59A-53-5.1 Maximum amounts to be certified
59A-53-5.1. Maximum amounts to be certified
A. For fiscal year 2007 and each fiscal year thereafter, the marshal shall certify a total amount equal to the higher of the amount that would be certified pursuant to Sections 59A-53-4 and 59A-53-5 NMSA 1978 or an amount to be determined by adding:
(1) the total increase in the fire protection fund receipts in the previous fiscal year minus the appropriations, from all sources, to the volunteer firefighters retirement fund in the current fiscal year; and
(2) the total distribution pursuant to Sections 59A-53-4 and 59A-53-5 NMSA 1978 for the previous fiscal year.
B. The marshal shall adjust the distributions for each class in proportion to the increase in the total distribution.
1978 Comp., § 59A-53-5.1, enacted by Laws 1998, ch. 76, § 3; 2006, ch. 103, § 3.
NMSA 1978, § 59A-53-5.2 Appropriations and transfers from the fire protection fund
59A-53-5.2. Appropriations and transfers from the fire protection fund
A. For each fiscal year, the amount to be distributed by the marshal pursuant to Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978 is appropriated from the fire protection fund to the state fire marshal for the purpose of making the following distributions:
(1) the total amount to be distributed during the fiscal year pursuant to Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978;
(2) the total amount of other appropriations from the fire protection fund for the fiscal year;
(3) on June 30, 2017, no distribution shall be made to the fire protection grant fund;
(4) in fiscal years 2019 through 2021, periodic allotments not to exceed forty and two-tenths percent of the projected remaining balance in the fire protection fund shall be distributed to the fire protection grant fund; and
(5) beginning in fiscal year 2022, periodic allotments equaling the total projected remaining balance in the fire protection fund shall be distributed to the fire protection grant fund.
B. As of June 30 of each year, the remaining unexpended balance in the fire protection fund shall be transferred to the general fund.
Laws 2007, ch. 152, § 1; 2009, ch. 3, § 6; 2010, ch. 52, § 1; 2011, ch. 164, § 1; 2016 (2nd S.S.), ch. 1, § 2; 2017, ch. 1, § 5; 2021, ch. 125, § 1.
NMSA 1978, § 59A-53-5.3 Fire station and fire protection services across jurisdictional lines
59A-53-5.3. Fire station and fire protection services across jurisdictional lines
A. Nothing in the Fire Protection Fund Law shall be construed to prohibit fire protection fund eligibility to a municipal or county fire station or substation that otherwise meets the requirements of the marshal and the requirements of the Fire Protection Fund Law but is not located within the municipality or county.
B. Nothing in the Fire Protection Fund Law shall be construed to prohibit mutual aid agreements between municipalities or counties to provide fire protection services across jurisdictional lines.
Laws 2012, ch. 20, § 6.
NMSA 1978, § 59A-53-6 Appeal and review of determination
59A-53-6. Appeal and review of determination
The marshal shall promptly notify each municipality and county fire district affected of the marshal's determination of needs, and a municipality or county fire district may appeal from the determination of the marshal to the commission, within ten days after the determination of needs. The commission shall review the determination of the marshal in such informal and summary proceedings as it deems proper and shall certify to the state treasurer annually, on or before the last day of June, the results of all appeals from the determinations of the marshal. The certification by the commission, or by the marshal if no appeal is taken, shall be final and binding on all concerned and not subject to any further review.
Laws 1984, ch. 127, § 977; 1989, ch. 312, § 6; 1998, ch. 108, § 43; 2012, ch. 20, § 7.
NMSA 1978, § 59A-53-7 Distribution of fire protection fund
59A-53-7. Distribution of fire protection fund
A. Based on periodic allotments approved by the marshal, the state treasurer shall distribute from the money in the fire protection fund, to each municipality and county fire district, the amount that the marshal or the secretary of homeland security and emergency management has certified to the state treasurer. Payment shall be made to the treasurer of any 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 that the marshal or the secretary of homeland security and emergency management, 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 one million dollars ($1,000,000), 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 one million dollars ($1,000,000).
Laws 1984, ch. 127, § 978; 1989, ch. 312, § 7; 1994, ch. 54, § 3; 1996, ch. 28, § 5; 1998, ch. 108, § 44; 2007, ch. 149, § 6; 2012, ch. 20, § 8; 2015, ch. 24, § 1; 2017, ch. 1, § 6; 2020, ch. 9, § 55; 2023, ch. 111, § 2.
NMSA 1978, § 59A-53-8 Expenditure of fire protection fund money
59A-53-8. Expenditure of fire protection fund money
Money distributed from the fire protection fund to a municipality or to a county fire district:
A. may be expended only for the:
(1) maintenance of its fire department;
(2) purchase or refinance of land for its fire stations and substations;
(3) purchase, refinance, construction, maintenance, repair and operation of its fire stations and substations;
(4) purchase or refinance of fire apparatus and equipment;
(5) payment of insurance premiums on fire stations, substations, fire apparatus and equipment and insurance premiums for injuries or deaths of firefighters as otherwise provided by law;
(6) payment of fire department emergency medical services, except salaries; and
(7) payment of firefighters' attendance at fire schools and conventions approved by the marshal;
B. shall not, without approval by the marshal, be expended for any purpose related to:
(1) its water supply systems or the improvement or construction of those systems;
(2) the purchase, rental, installation or maintenance of fire hydrants; or
(3) any other appurtenance related to the distribution or use of water from its water supply system; and
C. shall not be expended for any public, private or other water system used for potable water supply.
Laws 1984, ch. 127, § 979; 1989, ch. 312, § 8; 1994, ch. 53, § 3; 2011, ch. 162, § 1; 2012, ch. 20, § 9; 2019, ch. 55, § 1.
NMSA 1978, § 59A-53-9 Limitations on expenditures
59A-53-9. Limitations on expenditures
No amount so distributed from the fire protection fund to a municipality or to any county fire district shall be expended in connection with the construction, purchase or equipment of any fire station or substation in addition to those existing upon the date of distribution by the state treasurer, during the year following such distribution, without the prior written approval of the marshal.
Laws 1984, ch. 127, § 980; 1989, ch. 312, § 9; 2012, ch. 20, § 10.
NMSA 1978, § 59A-53-10 Interest in land for fire stations or substations
59A-53-10. Interest in land for fire stations or substations
Money distributed from the fire protection fund to a municipality or to a county fire district may be expended or obligated for the construction of buildings for fire stations or substations only if:
A. the municipality or county fire district proposing to expend or obligate for that purpose holds fee simple title, not encumbered by any lien, to the land on which it proposes to construct the building; or
B. the land is donated in whole or in part to the municipality or county fire district for the purpose, and use of fire protection fund money for the construction or location, where the donor has reserved right of reversion of the land under stated conditions, if the use of money is approved by the marshal in advance and after full investigation and determination that the use would be appropriate and reasonable.
Laws 1984, ch. 127, § 981; 1989, ch. 312, § 10; 2012, ch. 20, § 11; 2019, ch. 55, § 2.
NMSA 1978, § 59A-53-11 Vouchers
59A-53-11. Vouchers
A. Amounts so distributed from the fire protection fund to a municipality or to any county fire district shall be expended under the direction of the chief of the fire department of the municipality or county fire district, upon duly executed vouchers approved as required by law.
B. In no event is any amount to be expended for any purpose that does not relate directly to the permitted purposes specifically stated in Sections 59A-53-8 and 59A-53-9 NMSA 1978.
Laws 1984, ch. 127, § 982; 1989, ch. 312, § 11; 2012, ch. 20, § 12.
NMSA 1978, § 59A-53-12 Promulgation of rules
59A-53-12. Promulgation of rules
The marshal has authority to promulgate, modify, amend and revoke from time to time rules, including those for mutual aid among and between fire departments; provided that no such rules shall allow any fire department to extend its service in any manner that would jeopardize the fire insurance rates within its municipality or county fire district, as the marshal may determine, in the marshal's discretion, to be necessary, advisable or proper to accomplish the objectives of the Fire Protection Fund Law. Among other things, these rules shall include, but not be limited to, a list of firefighting equipment, apparatus and other items that may properly be purchased by a municipality or by any county fire district from funds distributed from the fire protection fund, and standards of quality, construction and performance to be met by major firefighting appliances, training requirements, firefighting protective clothing and equipment standards, and by fire stations and substations, proposed to be purchased or constructed by a municipality or district from money distributed from the fire protection fund. All rules shall be filed and published as required by law. Rules of this nature heretofore promulgated by the superintendent and now in effect shall continue in effect until hereafter revoked or modified. Nothing in this section shall be construed to grant regulatory authority over the Volunteer Firefighters Retirement Act to the marshal.
Laws 1984, ch. 127, § 983; 1989, ch. 312, § 12; 2012, ch. 20, § 13.
NMSA 1978, § 59A-53-13 Liability for unauthorized expenditure
59A-53-13. Liability for unauthorized expenditure
Any person who shall expend, or direct or permit the expenditure of, any money distributed from the fire protection fund for purposes not expressly authorized by Chapter 59A, Article 53 NMSA 1978 or by rules duly promulgated by the marshal pursuant to that article shall be personally liable to the state of New Mexico for the full amount of the money wrongfully expended, together with interest thereon and costs. An action to recover the amount of any wrongful expenditure may be commenced by the attorney general or the district attorney in the county in which the wrongful expenditure was made, upon the filing with the officer of a verified statement describing the wrongful expenditure.
Laws 1984, ch. 127, § 984; 1989, ch. 312, § 13; 2012, ch. 20, § 14.
NMSA 1978, § 59A-53-14 Closure of fire department
59A-53-14. Closure of fire department
A. If any fire department operated by a municipality or county fire district should go out of existence or for any reason cease to operate and function for a period of ninety days, title to all firefighting equipment and apparatus paid for in whole with distributions from the fire protection fund and held by or for the benefit of the fire department shall vest in the marshal and all money distributed from the fire protection fund and held by or for the fire department shall revert to the fire protection fund. Any person having custody or control of any such firefighting equipment and apparatus shall forthwith deliver it as directed by the marshal, and any person having custody or control of the money shall forthwith remit it to the state treasurer, who shall again deposit the money in the state treasury to the credit of the fire protection fund. An action to recover the possession and control of such firefighting equipment and apparatus, or the money, may be commenced by the attorney general or the district attorney in the county in which the equipment and apparatus or money are situate upon the filing with the officer of a verified statement of the circumstances.
B. Notwithstanding the provisions of Subsection A of this section, money distributed from the fire protection fund needed to pay debt service on bonds or other obligations issued by or on behalf of a fire department or fire district may be used to pay such debt service, and the marshal and the state treasurer shall continue to make distributions from the fire protection fund for and on behalf of the fire department or fire district until the bonds or other obligations are paid in full.
Laws 1984, ch. 127, § 985; 1989, ch. 312, § 14; 1995, ch. 141, § 25; 2006, ch. 103, § 4; 2012, ch. 20, § 15.
NMSA 1978, § 59A-53-16 New fire departments
59A-53-16. New fire departments
Whenever the marshal, after the last day of May in any year, determines that a municipality or county fire district, operating a new fire department, has met the requirements of Chapter 59A, Article 53 NMSA 1978 for the first time, the marshal may certify to the state treasurer the name of the municipality or county fire district and the amount required, on the same basis as provided in that article, but not to exceed an amount commensurate with the period of time for which such pro rata distribution is made; and distribution of the amount certified shall be made as otherwise provided in that article.
Laws 1984, ch. 127, § 987; 1989, ch. 312, § 16; 2012, ch. 20, § 16.
NMSA 1978, § 59A-53-17 Mutual assistance
59A-53-17. Mutual assistance
Notwithstanding the provisions of Sections 59A-53-5 and 59A-53-12 NMSA 1978, or any other provision of law to the contrary, fire districts may render assistance to other fire districts, and equipment of fire districts may be used outside the district, if the use is authorized by the county fire marshal, and the county fire marshal before he authorizes the use, provides for standby equipment or move-up equipment, so that the assisting district which goes to the aid of another district has equipment available from an adjacent district for use in the assisting district in the event of a fire in the assisting district.
Laws 1984, ch. 127, § 988; 2006, ch. 103, § 6.
NMSA 1978, § 59A-53-18 Fire protection grant fund; created; uses
59A-53-18. Fire protection grant fund; created; uses
The "fire protection grant fund" is created in the state treasury. The fund shall consist of transfers, distributions, appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the fire protection grant council for the purposes of making distributions approved by the council for the critical needs of municipal fire departments and county fire districts. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the marshal.
Laws 2006, ch. 103, § 7; 2012, ch. 20, § 17; 2017, ch. 1, § 7; 2021, ch. 125, § 2.
NMSA 1978, § 59A-53-19 Fire protection grant council; duties
59A-53-19. Fire protection grant council; duties
A. The "fire protection grant council" is created. The council consists of:
(1) a representative of the New Mexico municipal league;
(2) a representative of the New Mexico association of counties;
(3) two members appointed by the fire services council, who shall serve at the pleasure of the council;
(4) three members, one from each congressional district, appointed by the governor who shall serve at the pleasure of the governor; and
(5) the marshal, who shall serve as a nonvoting advisory member. The council shall elect a chair and vice chair from its membership.
B. The public members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
C. The council shall develop criteria for assessing the critical needs of municipal fire departments and county fire districts for:
(1) fire apparatus and equipment;
(2) communications equipment;
(3) equipment for wildfires;
(4) fire station construction or expansion;
(5) equipment for hazardous material response;
(6) stipends for volunteer firefighters; and
(7) recruiting and retention programs for volunteer firefighters.
D. Applications for grant assistance from the fire protection grant fund shall be made by fire districts to the council in accordance with the requirements of the council. Using criteria developed by the council, the council shall evaluate applications and prioritize those applications most in need of grant assistance from the fund. To the extent that money in the fund is available, the council shall award grant assistance for those prioritized applications.
E. In awarding grant assistance, the council may require conditions and procedures necessary to ensure that the money is expended in the most prudent manner.
F. When considering applications for grant assistance to pay stipends to volunteer firefighters, the council shall:
(1) ensure the proposed stipends will comply with the federal Fair Labor Standards Act of 1938 and United States department of labor requirements for maintaining volunteer status;
(2) require a basic level of training before a volunteer may receive a stipend;
(3) consider whether the fire district requires a service commitment from its volunteer firefighters in exchange for stipends; and
(4) weight the applications against other criteria or requirements determined by the council.
Laws 2006, ch. 103, § 8; 2009, ch. 266, § 1; 2010, ch. 69, § 1; 2012, ch. 20, § 18; 2013, ch. 74, § 34; 2020, ch. 9, § 56; 2021, ch. 125, § 3.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18562/index.doFetched: 10/20/2026