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.

History: 1978 Comp., § 59A-53-5.1, enacted by Laws 1998, ch. 76, § 3; 2006, ch. 103, § 3.

Compiler's notes. — The House Appropriations and Finance Committee amendments to House Bill 279 (Laws 1998, ch. 76) inserted a new Section 59A-53-5.1 NMSA 1978 into the bill, with the caption, "Section 3. A new Section 59A-53-5.1 NMSA 1978 is enacted to read:". The enrolled and engrossed version of ch. 76 omitted this caption, making it appear that this section was enacted as part of Section 2 of the act, which amended Section 59A-53-5 NMSA 1978. Section 59A-53-5.1 NMSA 1978 has been compiled as a separate section rather than as part of the amendments to Section 59A-53-5.

Temporary provisions. — Laws 2017, ch. 1, § 8, effective June 16, 2017, provided that:

A. In making a determination and certification of needs pursuant to Section 59A-53-3 NMSA 1978 and distributions pursuant to Sections 59A-53-4 and 59A-53-5.1 NMSA 1978 for fiscal year 2018, the state fire marshal shall coordinate with the department of finance and administration, New Mexico finance authority, office of the state treasurer, New Mexico municipal league and New Mexico association of counties to:

(1) develop a schedule for making periodic allotments that takes into consideration documented financial hardship of county fire districts and municipalities as a result of transitioning from a one-time distribution to periodic allotments;

(2) ensure that any debt obligations of existing or previously existing fire departments or fire districts are met on a timely basis;

(3) ensure the ongoing operations of fire departments and fire districts by providing technical assistance to counties and municipalities on transitioning to an accrual accounting basis for the fire protection fund;

(4) submit the final determination and certification of needs and schedule for periodic allotments to the legislative finance committee by July 1, 2017; and

(5) by June 30, 2018, ensure that county fire districts and municipalities have fully transitioned to operating on an accrual accounting basis.

B. In making distributions pursuant to Subsection B of Section 29-13-6 and Subsection B of Section 59A-53-7 NMSA 1978, the state treasurer shall ensure that any debt obligations to the New Mexico finance authority are met and are in accordance with Section 6-4-6 NMSA 1978.

C. Nothing in this 2017 act shall be construed to impair any debt obligation pledged for repayment from the law enforcement protection fund or the fire protection fund.

The 2006 amendment, effective May 17, 2006, in Subsection A, changed the fiscal year from 2000 to 2007; deleted the provision that the amount shall not exceed the greater of the total distribution pursuant to 59A-53-4 and 59A-53-5 NMSA 1978 for the previous fiscal year and deleted "one-half of" at the beginning of the sentence.