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AN ACT

RELATING TO FIREFIGHTERS; PROVIDING FOR A DISTRIBUTION TO THE

FIREFIGHTERS' SURVIVORS FUND; MAKING AN APPROPRIATION.

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

Section 1. Section 66-3-422 NMSA 1978 (being Laws 1998,

Chapter 21, Section 1, as amended) is amended to read:

"66-3-422. SPECIAL REGISTRATION PLATES FOR FIREFIGHTERS

AND VOLUNTEER FIREFIGHTERS.--

A. The department shall issue special registration

plates to a person employed as a New Mexico firefighter, upon

the submission by the person of proof satisfactory to the

department that the person is currently employed as a New

Mexico firefighter, including submission of a signed consent

form from the fire chief.

B. The department shall issue special registration

plates to a person who is an active volunteer firefighter with

a volunteer fire department recognized by the state fire

marshal upon the submission by the person of proof

satisfactory to the department that the person is currently an

active member of a recognized volunteer fire department. Such

proof shall include the submission of a signed consent form

from the fire chief.

C. A person shall not make any representation as

being a New Mexico firefighter or volunteer firefighter if the

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person is not, in fact, a New Mexico firefighter or volunteer

firefighter. The secretary shall determine what constitutes

satisfactory proof of employment as a New Mexico firefighter

or status as a volunteer firefighter.

D. A person who violates the provisions of

Subsection C of this section is guilty of a petty misdemeanor

and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.

E. A fee of twenty-five dollars ($25.00), which is

in addition to the regular motor vehicle registration fee,

shall be collected by the department for the original issuance

of the special registration plate for New Mexico firefighters

and volunteer firefighters.

F. Ten dollars ($10.00) of the fee collected

pursuant to Subsection E of this section shall be retained by

the department and is appropriated to the department to defray

the cost of making and issuing special registration plates for

New Mexico firefighters and volunteer firefighters.

G. The amount of the fee collected pursuant to

this section less any amount distributed pursuant to

Subsection F of this section shall be deposited in the

firefighters' survivors fund.

H. The secretary shall approve the final plate

design for the special registration plates for New Mexico

firefighters in accordance with New Mexico law. The secretary

shall approve and issue a separate and distinctive plate

clearly marked as "volunteer" for issuance to volunteer

firefighters.

I. When a person holding a special plate pursuant

to this section ceases to be employed as a firefighter or

serve as an active volunteer firefighter, the person shall

immediately remove the plate from the vehicle and return it to

the secretary, at which time it shall be exchanged for a

regular registration plate. A firefighter who holds a special

plate and retires may retain the special plate."

Section 2. EFFECTIVE DATE--CONTINGENCY.--

A. Except as provided in Subsection B of this

section, the effective date of the provisions of this act is

July 1, 2007.

B. This act is contingent upon the enactment into

law of House Bill 377 or Senate Bill 329 or a substantially

similar bill of the first session of the forty-eighth

legislature that creates the firefighters' survivors fund. If

no such bill is enacted into law, the provisions of this act

shall not become effective.

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