0001| HOUSE BILL 1057 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| SAMUEL F. VIGIL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| AMENDING THE FIRE PROTECTION FUND LAW; CHANGING THE FIRE | 0012| PROTECTION FUND DISTRIBUTION FORMULA. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984, | 0016| Chapter 127, Section 975, as amended) is amended to read: | 0017| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.-- | 0018| A. In making the determination of needs pursuant | 0019| to Section 59A-53-3 NMSA 1978, the marshal shall first | 0020| determine that each incorporated municipality to be certified | 0021| has maintained an official fire department created by and regu- | 0022| | 0023| lated in accordance with a duly enacted ordinance for a period | 0024| of at least one year prior to the date of certification and | 0025| possesses fire equipment and apparatus in serviceable condition | 0001| to respond to a fire incident. The marshal shall also deter- | 0002| | 0003| mine the number of fire stations and substations located in | 0004| each municipality to be certified and shall certify to the | 0005| state treasurer for each municipality for the purpose of | 0006| maintaining [a single] each fire station and | 0007| [substations] substation, if any, [which meet] that | 0008| meets the requirements of the marshal and the requirements of | 0009| this section, and in accordance with the class insurance rating | 0010| it maintains, amounts for fiscal year 1998 not to exceed the | 0011| following: | 0012| class main station substation | 0013| number 1 $[54,435] 57,157 | 0014| $[20,172] 21,181 | 0015| number 2 [50,427] 52,948 | 0016| [18,827] 19,768 | 0017| number 3 [46,393] 48,713 | 0018| [17,481] 18,355 | 0019| number 4 [42,358] 44,476 | 0020| [16,136] 16,943 number 5 [40,340] 42,357 | 0021| [14,792] 15,532 | 0022| number 6 [38,324] 40,240 | 0023| [13,447] 14,119 | 0024| number 7 [36,307] 38,122 | 0025| [12,776] 13,415 | 0001| number 8 [34,291] 36,006 | 0002| [12,103] 12,708 | 0003| number 9 [25,550] 26,827 | 0004| [10,091] 10,596 | 0005| number 10 [22,860] 24,003 | 0006| none. | 0007| B. In addition to the foregoing, the amounts for | 0008| class 9 shall be increased as follows: | 0009| Main station $32,274 | 0010| Substation $11,431. | 0011| C. For fiscal year 1999 and each fiscal year | 0012| thereafter, the marshal shall certify to the state treasurer | 0013| amounts not to exceed the greater of the previous fiscal year | 0014| distributions for each class or an amount to be determined by | 0015| multiplying the previous year distribution by a factor of one | 0016| plus one-half of the percentage increase in the fire protection | 0017| fund occurring in the previous fiscal year." | 0018| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989, | 0019| Chapter 312, Section 5, as amended) is amended to read: | 0020| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.-- | 0021| A. The county commissioners of any county may | 0022| establish one or more county fire districts within the county | 0023| but outside the corporate limits of any municipality. The | 0024| marshal shall determine the number of fire stations and | 0025| substations located in each county fire district to be | 0001| certified and shall certify to the state treasurer for each | 0002| county fire district for the purpose of maintaining [a | 0003| single] each fire station and [substations] substation, | 0004| if any, [which meet] that meets the requirements of the | 0005| marshal and the requirements of this section, and in accordance | 0006| with the class insurance rating it maintains, amounts not to | 0007| exceed the following: | 0008| class main station substation | 0009| number 1 $[54,435] 57,157 $[20,172] | 0010| 21,181 | 0011| number 2 [50,427] 52,948 [18,827] | 0012| 19,768 | 0013| number 3 [46,393] 48,713 [17,481] | 0014| 18,355 | 0015| number 4 [42,358] 44,476 [16,136] | 0016| 16,943 | 0017| number 5 [40,340] 42,357 [14,792] | 0018| 15,532 | 0019| number 6 [38,324] 40,240 [13,447] | 0020| 14,119 | 0021| number 7 [36,307] 38,122 [12,776] | 0022| 13,415 | 0023| number 8 [34,291] 36,006 [12,103] | 0024| 12,708 | 0025| number 9 [25,550] 26,826 [10,091] | 0001| 10,596 | 0002| number 10 [22,860] 24,003 none. | 0003| [upon establishing, to the satisfaction of the marshal, the | 0004| following] | 0005| B. In addition to the foregoing, the amounts for | 0006| class 9 shall be increased as follows: | 0007| main station $32,274 | 0008| substation $11,431. | 0009| C. For fiscal year 1999 and each fiscal year | 0010| thereafter, the marshal shall certify to the state treasurer | 0011| amounts not to exceed the greater of the previous fiscal year | 0012| distributions for each class or an amount to be determined by | 0013| multiplying the previous year distribution by a factor of one | 0014| plus one-half of the percentage increase in the fire protection | 0015| fund occurring in the previous fiscal year. | 0016| D. Additionally, prior to the disbursement of any | 0017| funds, the following must be established to the satisfaction of | 0018| the marshal: | 0019| (1) the county fire district has maintained an | 0020| official fire department for a period of at least one year, | 0021| established and governed by appropriate resolution of the board | 0022| of county commissioners of the county in which the county fire | 0023| district is located, and possesses fire apparatus and equipment | 0024| in serviceable condition to respond to a fire incident; | 0025| (2) the geographic limits and boundaries of | 0001| the county fire district have been clearly defined and | 0002| established by the board of county commissioners of the county | 0003| in which the county fire district is located, and a plat | 0004| showing the geographic limits and boundaries has been accepted | 0005| by the board of county commissioners and filed as part of the | 0006| official record of proceedings of the board and a certified | 0007| copy thereof filed with the marshal; and | 0008| (3) there is available within the geographic | 0009| limits and boundaries of the county fire district an adequate | 0010| water supply to be used in connection with the fire-fighting | 0011| facilities of the county fire district. | 0012| [B.] E. The county commissioners of any county | 0013| may permit a county fire district located in the county to | 0014| service an area adjacent and contiguous to the district but | 0015| within another county; provided that the county commissioners | 0016| of the other county shall consent by resolution duly adopted to | 0017| the service and to the boundaries of the other area serviced. | 0018| Before commencement of service, a plat showing the geographic | 0019| limits and boundaries of the county fire district and of the | 0020| additional area to be serviced shall be filed with and approved | 0021| by the marshal. The county commissioners of either the county | 0022| in which the county fire district is located or of the county | 0023| in which the area being serviced is located may terminate the | 0024| service but only with the approval of the marshal." | 0025|  State of New Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| March 4, 1997 | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your BUSINESS AND INDUSTRY COMMITTEE, to whom | 0013| has been referred | 0014| | 0015| HOUSE BILL 1057 | 0016| | 0017| has had it under consideration and reports same with | 0018| recommendation that it DO PASS, and thence referred to the | 0019| APPROPRIATIONS AND FINANCE COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| | 0002| Fred Luna, Chairman | 0003| | 0004| | 0005| Adopted Not Adopted | 0006| | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| Date | 0010| | 0011| The roll call vote was 7 For 0 Against | 0012| Yes: 7 | 0013| Excused: Alwin, Hobbs, Lutz, J.G. Taylor, Varela | 0014| Absent: Getty | 0015| | 0016| | 0017| G:\BILLTEXT\BILLW_97\H1057 |