0001| SENATE BILL 576
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| PHIL A. GRIEGO
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO FIRE PROTECTION; PROVIDING THAT AT LEAST SIXTY
|
0012| PERCENT OF THE FIRE PROTECTION FUND BE DISTRIBUTED ANNUALLY TO
|
0013| VOLUNTEER FIRE DEPARTMENTS; AMENDING SECTIONS OF THE NMSA 1978.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 59A-53-3 NMSA 1978 (being Laws 1984,
|
0017| Chapter 127, Section 974, as amended) is amended to read:
|
0018| "59A-53-3. DETERMINATION AND CERTIFICATION OF NEEDS.--
|
0019| A. Annually, on or before the last day of May, the
|
0020| marshal shall consider and determine, in his reasonable
|
0021| discretion, the relative needs of incorporated cities, towns
|
0022| and villages and county fire districts for money in the fire
|
0023| protection fund, based upon the information available to him,
|
0024| and shall certify to the state treasurer the names of the
|
0025| incorporated cities, towns, villages and county fire districts
|
0001| that he determines need the assistance of a distribution from
|
0002| the money in the fire protection fund, and the amount required
|
0003| by each, in accordance with the provisions of Chapter 59A,
|
0004| Article 53 NMSA 1978. In making this determination and
|
0005| certification, the marshal [will] shall consider the intent
|
0006| and purpose of that article that no incorporated city, town or
|
0007| village or county fire district shall receive money distributed
|
0008| from the fire protection fund merely for the purpose of
|
0009| accumulation when the money is not required to accomplish the
|
0010| purposes of that article.
|
0011| B. In making a determination and certification of
|
0012| needs, the marshal shall consider and provide for any debt
|
0013| obligations of existing or previously existing fire departments
|
0014| or fire districts.
|
0015| C. Annually, the amount certified by the marshal
|
0016| for distribution to volunteer fire departments in incorporated
|
0017| cities, towns, villages and county fire districts shall not be
|
0018| less than sixty percent of the money credited to the fire
|
0019| protection fund.
|
0020| [C.] D. For the purposes of Chapter 59A,
|
0021| Article 53 NMSA 1978, "marshal" means the state fire marshal,
|
0022| as further identified in Chapter 59A, Article 52 NMSA 1978."
|
0023| Section 2. Section 59A-53-4 NMSA 1978 (being Laws 1984,
|
0024| Chapter 127, Section 975, as amended) is amended to read:
|
0025| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--In
|
0001| making the determination of needs pursuant to Section 59A-53-3
|
0002| NMSA 1978, the marshal shall first determine that each
|
0003| incorporated municipality to be certified has maintained an
|
0004| official fire department created by and regulated in accordance
|
0005| with a duly enacted ordinance for a period of at least one year
|
0006| prior to the date of certification and possesses fire equipment
|
0007| and apparatus in serviceable condition to respond to a fire
|
0008| incident. The marshal shall also determine the number of fire
|
0009| stations and substations located in each municipality to be
|
0010| certified and shall certify to the state treasurer for each
|
0011| municipality for maintaining a single fire station and
|
0012| substations, if any, which meet the requirements of the marshal
|
0013| and the requirements of this section, and in accordance with
|
0014| the class insurance rating it maintains, [amounts not to
|
exceed the following] at least the following amounts:
|
0016| class main station substation
|
0017| number 1 $54,435 $20,172
|
0018| number 2 50,427 18,827
|
0019| number 3 46,393 17,481
|
0020| number 4 42,358 16,136
|
0021| number 5 40,340 14,792
|
0022| number 6 38,324 13,447
|
0023| number 7 36,307 12,776
|
0024| number 8 34,291 12,103
|
0025| number 9 25,550 10,091
|
0001| number 10 22,860 none."
|
0002| Section 3. Section 59A-53-5 NMSA 1978 (being Laws 1989,
|
0003| Chapter 312, Section 5, as amended) is amended to read:
|
0004| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--
|
0005| A. The county commissioners of any county may
|
0006| establish one or more county fire districts within the county
|
0007| but outside the corporate limits of any municipality. The
|
0008| marshal shall determine the number of fire stations and
|
0009| substations located in each county fire district to be
|
0010| certified and shall certify to the state treasurer for each
|
0011| county fire district for maintaining a single fire station and
|
0012| substations, if any, which meet the requirements of the marshal
|
0013| and the requirements of this section, and in accordance with
|
0014| the class insurance rating it maintains, [amounts not to
|
exceed the following] at least the following amounts:
|
0016| class main station substation
|
0017| number 1 $54,435 $20,172
|
0018| number 2 50,427 18,827
|
0019| number 3 46,393 17,481
|
0020| number 4 42,358 16,136
|
0021| number 5 40,340 14,792
|
0022| number 6 38,324 13,447
|
0023| number 7 36,307 12,776
|
0024| number 8 34,291 12,103
|
0025| number 9 25,550 10,091
|
0001| number 10 22,860 none,
|
0002| upon establishing, to the satisfaction of the marshal, the
|
0003| following:
|
0004| (1) the county fire district has maintained an
|
0005| official fire department for a period of at least one year,
|
0006| established and governed by appropriate resolution of the board
|
0007| of county commissioners of the county in which the county fire
|
0008| district is located, and possesses fire apparatus and equipment
|
0009| in serviceable condition to respond to a fire incident;
|
0010| (2) the geographic limits and boundaries of
|
0011| the county fire district have been clearly defined and
|
0012| established by the board of county commissioners of the county
|
0013| in which the county fire district is located, and a plat
|
0014| showing the geographic limits and boundaries has been accepted
|
0015| by the board of county commissioners and filed as part of the
|
0016| official record of proceedings of the board and a certified
|
0017| copy thereof filed with the marshal; and
|
0018| (3) there is available within the geographic
|
0019| limits and boundaries of the county fire district an adequate
|
0020| water supply to be used in connection with the fire-fighting
|
0021| facilities of the county fire district.
|
0022| B. The county commissioners of any county may
|
0023| permit a county fire district located in the county to service
|
0024| an area adjacent and contiguous to the district but within
|
0025| another county; provided that the county commissioners of the
|
0001| other county shall consent by resolution duly adopted to the
|
0002| service and to the boundaries of the other area serviced.
|
0003| Before commencement of service, a plat showing the geographic
|
0004| limits and boundaries of the county fire district and of the
|
0005| additional area to be serviced shall be filed with and approved
|
0006| by the marshal. The county commissioners of either the county
|
0007| in which the county fire district is located or of the county
|
0008| in which the area being serviced is located may terminate the
|
0009| service but only with the approval of the marshal."
|
0010| Section 4. Section 59A-53-15 NMSA 1978 (being Laws 1984,
|
0011| Chapter 127, Section 986, as amended) is amended to read:
|
0012| "59A-53-15. APPROPRIATION FROM STATE TREASURY.--All money
|
0013| which from time to time is deposited in the state treasury and
|
0014| credited to the fire protection fund is appropriated to the
|
0015| corporation commission for the use of the marshal for the
|
0016| purposes set out in Chapter 59A, Article 53 NMSA 1978 and shall
|
0017| be distributed by the state treasurer and expended as provided
|
0018| in that article. Annually, not less than sixty percent of the
|
0019| money deposited in the state treasury and credited to the fire
|
0020| protection fund shall be distributed to volunteer fire
|
0021| departments in incorporated cities, towns, villages and county
|
0022| fire districts. Hereafter, all sums in excess of one hundred
|
0023| thousand dollars ($100,000) for pro rata distribution plus
|
0024| seventy-five percent of the approved state fire marshal budget
|
0025| for the succeeding fiscal year plus the amount certified to be
|
0001| distributed as provided in that article shall be credited to
|
0002| the general fund on or before June 30 of each fiscal year."
|
0003|
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997 SB 576/a
|
0007|
|
0008| February 13, 1997
|
0009|
|
0010| Mr. President:
|
0011|
|
0012| Your CORPORATION & TRANSPORTATION COMMITTEE, to
|
0013| whom has been referred
|
0014|
|
0015| SENATE BILL 576
|
0016|
|
0017| has had it under consideration and reports same with
|
0018| recommendation that it DO PASS, amended as follows:
|
0019|
|
0020| 1. On page 2, line 16, strike "volunteer".
|
0021|
|
0022| 2. On page 6, line 20, strike "volunteer".,
|
0023|
|
0024| and thence referred to the FINANCE COMMITTEE.
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005| __________________________________
|
0006| Roman M. Maes, III, Chairman
|
0007|
|
0008|
|
0009| Adopted_______________________ Not
|
0010| Adopted_______________________
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date ________________________
|
0014|
|
0015|
|
0016| The roll call vote was 6 For 0 Against
|
0017| Yes: 6
|
0018| No: 0
|
0019| Excused: Fidel, Kidd, McKibben, Robinson
|
0020| Absent: None
|
0021|
|
0022|
|
0023| S0576CT1 .116735.1
|
0024|
|
0025|
|
0001|
|
0002|
|