0001| AN ACT | 0002| RELATING TO INSURANCE; INCREASING DISTRIBUTIONS TO MUNICIPAL AND COUNTY | 0003| FIRE DEPARTMENTS FROM THE FIRE PROTECTION FUND; MAKING AN APPROPRIATION; | 0004| DECLARING AN EMERGENCY. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984, Chapter | 0008| 127, Section 975, as amended) is amended to read: | 0009| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--In making the | 0010| determination of needs pursuant to Section | 0011| 59A-53-3 NMSA 1978, the marshal shall first determine that each | 0012| incorporated municipality to be certified has maintained an official | 0013| fire department created by, and regulated in accordance with, a duly | 0014| enacted ordinance for a period of at least one year prior to the date of | 0015| certification and possesses fire equipment and apparatus in serviceable | 0016| condition to respond to a fire incident. The marshal shall also deter- | 0017| mine the number of fire stations and substations located in each munic- | 0018| ipality to be certified and shall certify to the state treasurer for | 0019| each municipality for maintaining a single fire station and substations, | 0020| if any, which meet the requirements of the marshal and the requirements | 0021| of this section, and in accordance with the class insurance rating it | 0022| maintains, amounts not to exceed the following: | 0023| class main station substation | 0024| number 1 $54,435 $20,172 | 0025| number 2 50,427 18,827 | 0001| number 3 46,393 17,481 | 0002| number 4 42,358 16,136 | 0003| number 5 40,340 14,792 | 0004| number 6 38,324 13,447 | 0005| number 7 36,307 12,776 | 0006| number 8 34,291 12,103 | 0007| number 9 25,550 10,091 | 0008| number 10 22,860 none." | 0009| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989, Chapter | 0010| 312, Section 5) is amended to read: | 0011| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.-- | 0012| A. The county commissioners of any county may establish one | 0013| or more county fire districts within the county but outside the corpor- | 0014| ate limits of any municipality. The marshal shall determine the number | 0015| of fire stations and substations located in each county fire district to | 0016| be certified and shall certify to the state treasurer for each county | 0017| fire district for maintaining a single fire station and substations, if | 0018| any, which meet the requirements of the marshal and the requirements of | 0019| this section, and in accordance with the class insurance rating it | 0020| maintains, amounts not to exceed the following: | 0021| class main station substation | 0022| number 1 $54,435 $20,172 | 0023| number 2 50,427 18,827 | 0024| number 3 46,393 17,481 | 0025| number 4 42,358 16,136 | 0001| number 5 40,340 14,792 | 0002| number 6 38,324 13,447 | 0003| number 7 36,307 12,776 | 0004| number 8 34,291 12,103 | 0005| number 9 25,550 10,091 | 0006| number 10 22,860 none, | 0007| upon establishing, to the satisfaction of the marshal, the following: | 0008| (1) the county fire district has maintained an offi- | 0009| cial fire department for a period of at least one year, established and | 0010| governed by appropriate resolution of the board of county commissioners | 0011| of the county in which the county fire district is located, and | 0012| possesses fire apparatus and equipment in serviceable condition to | 0013| respond to a fire incident; | 0014| (2) the geographic limits and boundaries of the county | 0015| fire district have been clearly defined and established by the board of | 0016| county commissioners of the county in which the county fire district is | 0017| located, and a plat showing the geographic limits and boundaries has | 0018| been accepted by the board of county commissioners and filed as part of | 0019| the official record of proceedings of the board and a certified copy | 0020| thereof filed with the marshal; and | 0021| (3) there is available within the geographic limits | 0022| and boundaries of the county fire district an adequate water supply to | 0023| be used in connection with the fire-fighting facilities of the county | 0024| fire district. | 0025| B. The county commissioners of any county may permit a | 0001| county fire district located in the county to service an area adjacent | 0002| and contiguous to the district but within another county; provided that | 0003| the county commissioners of the other county shall consent by resolution | 0004| duly adopted to the service and to the boundaries of the other area | 0005| serviced. Before commencement of service, a plat showing the geographic | 0006| limits and boundaries of the county fire district and of the additional | 0007| area to be serviced shall be filed with and approved by the marshal. | 0008| The county commissioners of either the county in which the county fire | 0009| district is located or of the county in which the area being serviced is | 0010| located may terminate the service but only with the approval of the | 0011| marshal." | 0012| Section 3. EFFECTIVE DATE.--The effective date of the provisions | 0013| of this act is April 30, 1996. | 0014| Section 4. EMERGENCY.--It is necessary for the public peace, | 0015| health and safety that this act take effect immediately. | 0016| | 0017| | 0018| HB | 0019| 639 | 0020| Page  |