HB 497

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AN ACT

RELATING TO THE FIRE PROTECTION FUND; AMENDING THE FIRE

PROTECTION FUND LAW TO INCREASE DISTRIBUTIONS TO MUNICIPAL AND

COUNTY FIRE DISTRICTS, TO CREATE THE FIRE PROTECTION GRANT

FUND AND THE FIRE PROTECTION GRANT COUNCIL FOR THE PURPOSE OF

AWARDING GRANTS TO LOCAL FIRE DISTRICTS FOR CERTAIN PURPOSES

AND TO PROVIDE FOR THE DISPOSITION OF EQUIPMENT UNDER CERTAIN

CIRCUMSTANCES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984,

Chapter 127, Section 975, as amended) is amended to read:

"59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--In

making the determination of needs pursuant to Section 59A-53-3

NMSA 1978, the marshal shall first determine that each

incorporated 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

located in each municipality 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

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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."

Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989,

Chapter 312, Section 5, as amended) is amended to read:

"59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--

A. The county commissioners of any county may

establish one or more county fire districts within the county

but outside the corporate limits of any municipality. The

marshal shall determine the number of fire stations and

substations located in each county fire district to be

certified and shall certify to the state treasurer the amount

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to be distributed to each county 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.

B. Additionally, prior to the disbursement of any

funds, the following must be established to the satisfaction

of the marshal:

(1) the county 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 of the county in which the

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county fire district is located, and possesses fire apparatus

and equipment in serviceable condition to respond to a fire

incident;

(2) the geographic limits and boundaries of

the county fire district have been clearly defined and

established by the board of county commissioners of the county

in which the county fire district is located, and a plat

showing the geographic limits and boundaries has been accepted

by the board of county commissioners and filed as part of the

official record of proceedings of the board and a certified

copy thereof filed with the marshal; and

(3) there is available within the geographic

limits and boundaries of the county fire district an adequate

water supply to be used in connection with the firefighting

facilities of the county fire district.

C. The county commissioners of any county may

permit a county fire district located in the county to service

an area adjacent and contiguous to the district but within

another county; provided that the county commissioners of the

other county shall consent by resolution duly adopted 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. The county commissioners of either

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the county in which the county fire district is located or of

the county in which the area being serviced is located may

terminate the service but only with the approval of the

marshal."

Section 3. Section 59A-53-5.1 NMSA 1978 (being Laws

1998, Chapter 76, Section 3) is amended to read:

"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."

Section 4. Section 59A-53-14 NMSA 1978 (being Laws 1984,

Chapter 127, Section 985, as amended) is amended to read:

"59A-53-14. CLOSURE OF FIRE DEPARTMENT.--

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A. If any fire department operated by any

incorporated city, town or village or by any 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

fire-fighting 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 fire-fighting 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 fire-

fighting 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

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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."

Section 5. Section 59A-53-15 NMSA 1978 (being Laws 1984,

Chapter 127, Section 986, as amended) is amended to read:

"59A-53-15. APPROPRIATION FROM STATE TREASURY.--

A. Except as provided in Subsections C and D of

this section, all money that from time to time is deposited in

the state treasury and credited to the fire protection fund is

appropriated to the commission for the use of the marshal for

the purposes set out in the Fire Protection Fund Law and shall

be distributed by the state treasurer and expended as provided

in that law.

B. As used in Subsections C and D of this section,

"remaining balance in the fire protection fund" means the

amount of money in the fire protection fund less the sum of:

(1) the total amount of appropriations from

the fire protection fund for the current fiscal year; and

(2) the total amount certified to be

distributed during the current fiscal year pursuant to

Sections 59A-53-4, 59A-53-5 and 59A-53-5.1 NMSA 1978.

C. On the following dates, the following

percentage of the remaining balance in the fire protection

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fund shall be transferred from the fire protection fund to the

fire protection grant fund:

(1) on July 1, 2006, ten percent;

(2) on July 1, 2007, twenty percent;

(3) on July 1, 2008, thirty percent;

(4) on July 1, 2009, forty percent;

(5) on July 1, 2010, fifty percent;

(6) on July 1, 2011, sixty percent;

(7) on July 1, 2012, seventy percent;

(8) on July 1, 2013, eighty percent;

(9) on July 1, 2014, ninety percent; and

(10) on July 1, 2015 and each subsequent July

1, one hundred percent.

D. On July 1 of each year, the remaining balance

in the fire protection fund, less the amount to be transferred

on that date pursuant to Subsection B of this section, shall

be transferred to the general fund; provided that no transfer

shall be made pursuant to this subsection after July 1, 2014."

Section 6. Section 59A-53-17 NMSA 1978 (being Laws 1984,

Chapter 127, Section 988) is amended to read:

"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

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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."

Section 7. A new section of the Fire Protection Fund Law

is enacted to read:

"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 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."

Section 8. A new section of the Fire Protection Fund Law

is enacted to read:

"FIRE PROTECTION GRANT COUNCIL--DUTIES.--

A. The "fire protection grant council" is created.

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Subject to the requirements of Subsection B of this section,

the council shall consist 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 public

regulation commission who shall serve at the pleasure of the

commission;

(4) three members, one from each

congressional district, appointed by the governor who shall

serve at the pleasure of the governor;

(5) one member appointed by the speaker of

the house of representatives;

(6) one member appointed by the president pro

tempore of the senate; and

(7) the marshal, who shall serve as a

nonvoting advisory member. The council shall elect a chair

and vice chair from its membership.

B. No appointee to the council shall be a member

of the public regulation commission, the superintendent of

insurance or any other employee of the commission or an active

member of a municipal fire department or a county fire

district.

C. The public members shall receive per diem and

mileage as provided in the Per Diem and Mileage Act and shall

receive no other compensation, perquisite or allowance.

D. The council shall develop criteria for

assessing the critical needs of municipal and county fire

districts for fire apparatus and equipment, communications

equipment, equipment for wildfires, fire station construction

or expansion or equipment for hazardous material response.

E. 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.

F. In awarding grant assistance, the council may

require conditions and procedures necessary to ensure that the

money is expended in the most prudent manner." HB 497

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