SENATE BILL 732

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO PUBLIC REGULATIONS; CREATING THE FIRE MARSHAL DIVISION IN THE PUBLIC REGULATION COMMISSION.

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

     Section 1. Section 8-8-1 NMSA 1978 (being Laws 1998, Chapter 108, Section 1) is amended to read:

     "8-8-1. SHORT TITLE.--[Sections 1 through 20 of this act] Chapter 8, Article 8 NMSA 1978 may be cited as the "Public Regulation Commission Act"."

     Section 2. Section 8-8-6 NMSA 1978 (being Laws 1998, Chapter 108, Section 6) is amended to read:

     "8-8-6. COMMISSION--DIVISIONS.--The commission shall include the following organizational units:

          A. the administrative services division;

          B. the consumer relations division;

          C. the insurance division;

          D. the legal division;

          E. the transportation division; [and]

          F. the utility division; and

          G. the fire marshal division."

     Section 3. Section 8-8-9 NMSA 1978 (being Laws 1998, Chapter 108, Section 9) is amended to read:

     "8-8-9. INSURANCE DIVISION.--

          A. The director of the insurance division is the "superintendent of insurance" and shall have all the powers and duties prescribed to [him] the director in the New Mexico Insurance Code.

          B. The insurance division shall consist of such bureaus as the superintendent of insurance determines for the orderly conduct of business [including the fire marshal bureau. The superintendent of insurance may organize the firefighter's training academy as part of the fire marshal bureau or may organize it as a separate bureau]."

     Section 4. A new section of the Public Regulation Commission Act is enacted to read:

     "[NEW MATERIAL] FIRE MARSHAL DIVISION.--The fire marshal division includes the following:

          A. the firefighter training academy bureau;

          B. the fire service support bureau;

          C. the fire investigations bureau; and

          D. the fire code enforcement bureau."

     Section 5. Section 59A-52-1 NMSA 1978 (being Laws 1984, Chapter 127, Section 947, as amended) is amended to read:

     "59A-52-1. STATE FIRE MARSHAL CREATED.--The position of "state fire marshal" is created as the [bureau chief] director of the fire marshal [bureau of the insurance] division under the public regulation commission."

     Section 6. Section 59A-52-3 NMSA 1978 (being Laws 1984, Chapter 127, Section 949, as amended) is amended to read:

     "59A-52-3. DEPUTY STATE FIRE MARSHAL AND OTHER EMPLOYEES--QUALIFICATIONS OF DEPUTY.--The state fire marshal may [with the approval of the superintendent, appoint or remove a] employ, with the consent of the chief of staff of the public regulation commission, deputy state fire [marshal] marshals and other employees to assist in the execution of the marshal's duties [provided, however, that the state fire marshal and any deputy state fire marshal appointed by the state fire marshal shall be experienced in fire prevention and fire fighting and have completed a course of training by actual attendance at a fire-training school]."

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