0001| ` HOUSE BILL 570 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| VINCENT GALLEGOS | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| INCREASING DISTRIBUTIONS TO MUNICIPAL AND COUNTY FIRE | 0013| DEPARTMENTS FROM THE FIRE PROTECTION FUND; DECLARING AN | 0014| EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984, | 0018| Chapter 127, Section 975, as amended) is amended to read: | 0019| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--In making | 0020| the [foregoing] determination of needs pursuant to Section | 0021| 59A-53-3 NMSA 1978, the marshal shall first determine that each | 0022| incorporated municipality to be certified has maintained an | 0023| official fire department created by, and regulated in accordance | 0024| with, a duly enacted ordinance for a period of at least one year | 0025| prior to the date of certification and possesses fire equipment | 0001| and apparatus in serviceable condition to respond to a fire | 0002| incident. The marshal shall also determine the number of fire | 0003| stations and substations located in each municipality to be | 0004| certified and shall certify to the state treasurer for each | 0005| municipality for maintaining a single fire station and | 0006| substations, if any, which meet the requirements of the marshal | 0007| and the requirements of this section, and in accordance with the | 0008| class insurance rating it maintains, amounts not to exceed the | 0009| following: | 0010| class mainstation substation | 0011| number 1 [$51,843] $72,580 [$19,211] | 0012| $26,895 | 0013| number 2 [48,026] 67,236 [17,930] 25,102 | 0014| number 3 [44,184] 61,858 [16,649] 23,309 | 0015| number 4 [40,341] 56,477 [15,368] 21,515 | 0016| number 5 [38,419] 53,787 [14,088] | 0017| 19,723 | 0018| number 6 [36,499] 51,099 [12,807] 17,930 | 0019| number 7 [34,578] 48,409 ` [12,168] 17,035 | 0020| number 8 [32,658] 45,721 [11,527] | 0021| 16,138 | 0022| number 9 [24,333] 34,066 [9,610] | 0023| 13,454 | 0024| number 10 [21,771] 30,479 none." | 0025| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989, | 0001| Chapter 312, Section 5) is amended to read: | 0002| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.-- | 0003| A. The county commissioners of any county may | 0004| establish one or more county fire districts within the county | 0005| but outside the corporate limits of any municipality. The | 0006| marshal shall determine the number of fire stations and | 0007| substations located in each county to be certified and shall | 0008| certify to the state treasurer for each county for maintaining a | 0009| single fire station and substations, if any, which meet the | 0010| requirements of the marshal and the requirements of this | 0011| section, and in accordance with the class insurance rating it | 0012| maintains, amounts not to exceed the following: | 0013| class mainstation substation | 0014| number 1 [$51,843] $72,580 [$19,211] | 0015| $26,895 number 2 [48,026] 67,236 [17,930] 25,102 | 0016| number 3 [44,184] 61,858 [16,649] 23,309 | 0017| number 4 [40,341] 56,477 [15,368] 21,515 | 0018| number 5 [38,419] 53,787 [14,088] 19,723 | 0019| number 6 [36,499] 51,099 [12,807] 17,930 | 0020| number 7 [34,578] 48,409 [12,168] 17,035 | 0021| number 8 [32,658] 45,721 [11,527] 16,138 | 0022| number 9 [24,333] 34,066 [9,610] 13,454 | 0023| number 10 [21,771] 30,479 none, | 0024| upon establishing, to the satisfaction of the marshal, the | 0025| following: | 0001| (1) the county fire district has maintained an | 0002| official fire department for a period of at least one year, | 0003| established and governed by appropriate resolution of the board | 0004| of county commissioners of the county in which the county fire | 0005| district is located, and possesses fire apparatus and equipment | 0006| in serviceable condition to respond to a fire incident; | 0007| (2) the geographic limits and boundaries of the | 0008| county fire district have been clearly defined and established | 0009| by the board of county commissioners of the county in which the | 0010| county fire district is located, and a plat showing the | 0011| geographic limits and boundaries has been accepted by the board | 0012| of county commissioners and filed as part of the official record | 0013| of proceedings of the board and a certified copy thereof filed | 0014| with the marshal; and | 0015| (3) there is available within the geographic | 0016| limits and boundaries of the county fire district an adequate | 0017| water supply to be used in connection with the fire-fighting | 0018| facilities of the county fire district. | 0019| B. The county commissioners of any county may permit | 0020| a county fire district located in the county to service an area | 0021| adjacent and contiguous to the district but within another | 0022| county; provided that the county commissioners of the other | 0023| county shall consent by resolution duly adopted to the service | 0024| and to the boundaries of the other area serviced. Before | 0025| commencement of service, a plat showing the geographic limits | 0001| and boundaries of the county district and of the additional area | 0002| to be serviced shall be filed with and approved by the marshal. | 0003| The county commissioners of either the county in which the | 0004| county district is located or of the county in which the area | 0005| being serviced is located may terminate the service but only | 0006| with the approval of the marshal." | 0007| Section 3. EMERGENCY.--It is necessary for the public | 0008| peace, health and safety that this act take effect immediately. | 0009|  | 0010| |