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.
History: Laws 1984, ch. 127, § 984; 1989, ch. 312, § 13; 2012, ch. 20, § 14.
The 2012 amendment, effective May 16, 2012, deleted the reference to regulations and in the first sentence, after "or by rules", deleted "and regulations".
Structure New Mexico Statutes
Article 53 - Fire Protection Fund
Section 59A-53-1 - Short title.
Section 59A-53-2.1 - Definitions.
Section 59A-53-3 - Determination and certification of needs.
Section 59A-53-4 - Criteria for determination of needs; municipal fire department.
Section 59A-53-5 - Establishment of fire districts.
Section 59A-53-5.1 - Maximum amounts to be certified.
Section 59A-53-5.2 - Appropriations and transfers from the fire protection fund.
Section 59A-53-5.3 - Fire station and fire protection services across jurisdictional lines.
Section 59A-53-6 - Appeal and review of determination.
Section 59A-53-7 - Distribution of fire protection fund.
Section 59A-53-8 - Expenditure of fire protection fund money.
Section 59A-53-9 - Limitations on expenditures.
Section 59A-53-10 - Interest in land for fire stations or substations.
Section 59A-53-12 - Promulgation of rules.
Section 59A-53-13 - Liability for unauthorized expenditure.
Section 59A-53-14 - Closure of fire department.
Section 59A-53-16 - New fire departments.
Section 59A-53-17 - Mutual assistance.
Section 59A-53-18 - Fire protection grant fund; created; uses.