0001| HOUSE BILL 279 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| RAYMOND G. SANCHEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| AMENDING THE FIRE PROTECTION FUND LAW; CHANGING THE FIRE | 0012| PROTECTION FUND DISTRIBUTION FORMULA. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984, | 0016| Chapter 127, Section 975, as amended) is amended to read: | 0017| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.-- | 0018| |A.| In making the determination of needs pursuant | 0019| to Section 59A-53-3 NMSA 1978, the marshal shall first | 0020| determine that each incorporated municipality to be certified | 0021| has maintained an official fire department created by and | 0022| regulated in accordance with a duly enacted ordinance for a | 0023| period of at least one year prior to the date of certification | 0024| and possesses fire equipment and apparatus in serviceable | 0025| condition to respond to a fire incident. The marshal shall | - 1 - 0001| also determine the number of fire stations and substations | 0002| located in each municipality to be certified and shall certify | 0003| to the state treasurer for each municipality for |the purpose | 0004| of| maintaining ~[a single]~ |each| fire station and | 0005| ~[substations]~ |each substation|, if any, ~[which meet]~ | 0006| |that meets| the requirements of the marshal and the | 0007| requirements of this section, and in accordance with the class | 0008| insurance rating it maintains, amounts |for fiscal year 1999| | 0009| not to exceed the following: | 0010| class main station substation | 0011| number 1 $~[54,435]~ |58,245| $~[20,172]~ |21,584| | 0012| number 2 ~[50,427]~ |53,957| | 0013| ~[18,827]~ |20,145| | 0014| number 3 ~[46,393]~ |49,641| ~[17,481]~ |18,705| | 0015| number 4 ~[42,358]~ |45,323| ~[16,136]~ |17,266| | 0016| number 5 ~[40,340]~ |43,164| ~[14,792]~ |15,827| | 0017| number 6 ~[38,324]~ |41,007| ~[13,447]~ |14,388| | 0018| number 7 ~[36,307]~ |38,848| ~[12,776]~ |13,670| | 0019| number 8 ~[34,291]~ |36,691| ~[12,103]~ |12,950| | 0020| number 9 ~[25,550]~ |27,339| ~[10,091]~ |10,797| | 0021| number 10 ~[22,860]~ |24,460| none. | 0022| |B. For fiscal year 2000 and each fiscal year | 0023| thereafter, the marshal shall certify to the state treasurer | 0024| amounts not to exceed the greater of the previous year | 0025| distributions for each class or an amount to be determined by | - 2 - 0001| multiplying the previous year distributions by a factor of one | 0002| plus one-half of the percentage increase in the fire | 0003| protection fund occurring in the previous fiscal year.|" | 0004| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989, | 0005| Chapter 312, Section 5, as amended) is amended to read: | 0006| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.-- | 0007| A. The county commissioners of any county may | 0008| establish one or more county fire districts within the county | 0009| but outside the corporate limits of any municipality. The | 0010| marshal shall determine the number of fire stations and | 0011| substations located in each county fire district to be | 0012| certified and shall certify to the state treasurer for each | 0013| county fire district for |the purpose of| maintaining ~[a | 0014| single]~ |each| fire station and ~[substations]~ |each | 0015| substation|, if any, ~[which meet]~ |that meets| the | 0016| requirements of the marshal and the requirements of this | 0017| section, and in accordance with the class insurance rating it | 0018| maintains, amounts not to exceed the following: | 0019| class main station substation | 0020| number 1 $~[54,435]~ |58,245| $~[20,172]~ |21,584| | 0021| number 2 ~[50,427]~ |53,957| ~[18,827]~ |20,145| | 0022| number 3 ~[46,393]~ |49,641| ~[17,481]~ |18,705| | 0023| number 4 ~[42,358]~ |45,323| ~[16,136]~ |17,266| | 0024| number 5 ~[40,340]~ |43,164| ~[14,792]~ |15,827| | 0025| number 6 ~[38,324]~ |41,007| ~[13,447]~ |14,388| | - 3 - 0001| number 7 ~[36,307]~ |38,848| ~[12,776]~ |13,670| | 0002| number 8 ~[34,291]~ |36,691| ~[12,103]~ |12,950| | 0003| number 9 ~[25,550]~ |27,339| ~[10,091]~ |10,797| | 0004| number 10 ~[22,860]~ |24,460| none. | 0005| ~[upon establishing, to the satisfaction of the marshal, the | 0006| following]~ | 0007| |B. For fiscal year 2000 and each fiscal year | 0008| thereafter, the marshal shall certify to the state treasurer | 0009| amounts not to exceed the greater of the previous fiscal year | 0010| distributions for each class or an amount to be determined by | 0011| multiplying the previous year distributions by a factor of one | 0012| plus one-half of the percentage increase in the fire | 0013| protection fund occurring in the previous fiscal year. | 0014| C. Additionally, prior to the disbursement of any | 0015| funds, the following must be established to the satisfaction | 0016| of the marshal:| | 0017| (1) the county fire district has maintained | 0018| an official fire department for a period of at least one year, | 0019| established and governed by appropriate resolution of the | 0020| board of county commissioners of the county in which the | 0021| county fire district is located, and possesses fire apparatus | 0022| and equipment in serviceable condition to respond to a fire | 0023| incident; | 0024| (2) the geographic limits and boundaries of | 0025| the county fire district have been clearly defined and | - 4 - 0001| established by the board of county commissioners of the county | 0002| in which the county fire district is located, and a plat | 0003| showing the geographic limits and boundaries has been accepted | 0004| by the board of county commissioners and filed as part of the | 0005| official record of proceedings of the board and a certified | 0006| copy thereof filed with the marshal; and | 0007| (3) there is available within the geographic | 0008| limits and boundaries of the county fire district an adequate | 0009| water supply to be used in connection with the fire-fighting | 0010| facilities of the county fire district. | 0011| ~[B.]~ |D.| The county commissioners of any county | 0012| may permit a county fire district located in the county to | 0013| service an area adjacent and contiguous to the district but | 0014| within another county; provided that the county commissioners | 0015| of the other county shall consent by resolution duly adopted | 0016| to the service and to the boundaries of the other area | 0017| serviced. Before commencement of service, a plat showing the | 0018| geographic limits and boundaries of the county fire district | 0019| and of the additional area to be serviced shall be filed with | 0020| and approved by the marshal. The county commissioners of | 0021| either the county in which the county fire district is located | 0022| or of the county in which the area being serviced is located | 0023| may terminate the service but only with the approval of the | 0024| marshal." | 0025|  | - 5 -