1. 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. (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. (2) the total amount of other appropriations from the fire protection fund for the fiscal year;
   3. (3) on June 30, 2017, no distribution shall be made to the fire protection grant fund;
   4. (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. (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.
2. B. As of June 30 of each year, the remaining unexpended balance in the fire protection fund shall be transferred to the general fund.

History: 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.

ANNOTATIONS

The 2021 amendment, effective July 1, 2021, increased transfers from the fire protection fund to the fire protection grant fund; in Subsection A, in the introductory clause, after "to the", deleted "superintendent" and added "state fire marshal", in Paragraph A(4), after "2019", added "through 2021", and added Paragraph A(5); and in Subsection B, deleted "On" and added "As of", and after "remaining", added "unexpended".

The 2017 amendment, effective June 16, 2017, temporarily halted distributions from the fire protection fund to the fire protection grant fund, continuing distributions again in fiscal year 2019 at the current allocation of 40.2 percent of remaining fire protection fund balances, and made technical changes; in Subsection A, after "for the purpose of making the", added "following"; deleted the subsection designation "B" and the introductory sentence of former Subsection B; in Paragraph A(1), after "distributed during the", added "succeeding", and after the semicolon, deleted "and"; in Paragraph A(2), after "fire protection fund for the", deleted "succeeding"; added new Paragraphs A(3) and A(4); deleted Subsection C, which provided for past fiscal years transfers from the fire protection fund to the fire protection grant fund, and redesignated former Subsection D as Subsection B; and in new Subsection B, after "fire protection fund", deleted "less the amount to be transferred on that date pursuant to Subsection C of this section".

The 2016 (2nd S.S.) amendment, effective October 7, 2016, ceased the annual increases in the transfers from the fire protection fund to the fire protection grant fund; in Subsection A, after "fire protection fund to the", deleted "commission" and added "superintendent"; in Paragraph C(10), after "2016", added "and on each subsequent June 30"; and deleted Paragraphs C(11) through C(19); and in Subsection D, after "general fund", deleted "provided that no transfer shall be made pursuant to this subsection after June 30, 2024".

The 2011 amendment, effective June 17, 2011, delayed increases in distributions from the fire protection fund by adding a distribution of thirteen and four-tenths percent of the remaining balance on June 30, 2012 and delaying each of the remaining distributions by one year.

The 2010 amendment, effective May 19, 2010, added Paragraph (5) of Subsection C; in Subsection C(6), changed "2011" to "2012"; in Subsection C(7), changed "2012" to "2013"; in Subsection C(8), changed "2013" to "2014"; in Subsection C(9), changed "2014" to "2015"; in Subsection C(10), changed "2015" to "2016"; in Subsection C(11), changed "2016" to "2017"; in Subsection C(12), changed "2017" to "2018"; in Subsection C(13), changed "2018" to "2019"; in Subsection C(14), changed "2019" to "2020"; in Subsection C(15), changed "2020" to "2021"; in Subsection C(16), changed "2021" to "2022"; in Subsection C(17), changed "2022" to "2023"; in Subsection C(18), changed "2023" to "2024"; and in Subsection D, changed "2022" to "2023".

The 2009 amendment, effective February 6, 2009, added Paragraphs (3) and (4) of Subsection C; advanced the transfer dates in Paragraphs (5) through (17) by two years each; and advanced the date in Subsection D from June 30, 2020 to June 30, 2022.