0001| SENATE BILL 96
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| PHIL A. GRIEGO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO THE FIRE PROTECTION FUND; CHANGING THE
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0012| DISTRIBUTION FORMULA FOR THE FIRE PROTECTION FUND; AMENDING
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0013| SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984,
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0017| Chapter 127, Section 975, as amended) is amended to read:
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0018| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--
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0019| A. In making the determination of needs pursuant
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0020| to Section 59A-53-3 NMSA 1978, the marshal shall first
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0021| determine that each incorporated municipality to be certified
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0022| has maintained an official fire department created by and
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0023| regulated in accordance with a duly enacted ordinance for a
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0024| period of at least one year prior to the date of certification
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0025| and possesses fire equipment and apparatus in serviceable
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- 1 -
0001| condition to respond to a fire incident. The marshal shall
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0002| also determine the number of fire stations and substations
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0003| located in each municipality to be certified and shall certify
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0004| to the state treasurer for each municipality for the purpose
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0005| of maintaining [a single] each fire station and
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0006| [substations] each substation, if any, [which meet]
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0007| that meets the requirements of the marshal and the
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0008| requirements of this section, and in accordance with the class
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0009| insurance rating it maintains, amounts not to exceed the
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0010| following:
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0011| class main station substation
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0012| number 1 [$54,435] $58,245 [$20,172]
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0013| $21,584
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0014| number 2 [50,427] 53,957 [18,827]
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0015| 20,145
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0016| number 3 [46,393] 49,641 [17,481]
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0017| 18,705
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0018| number 4 [42,358] 45,323 [16,136]
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0019| 17,266 number 5 [40,340]
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0020| 43,164 [14,792] 15,827
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0021| number 6 [38,324] 41,007 [13,447]
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0022| 14,388
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0023| number 7 [36,307] 38,848 [12,776]
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0024| 13,670
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0025| number 8 [34,291] 36,691 [12,103]
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- 2 -
0001| 12,950
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0002| number 9 [25,550] 27,339 [10,091]
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0003| 10,797
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0004| number 10 [22,860] 24,460 none.
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0005| B. For fiscal year 2000 and each ensuing fiscal
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0006| year, the marshal shall certify to the state treasurer amounts
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0007| not to exceed the greater of the previous year's distribution
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0008| for each class or an amount to be determined by multiplying
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0009| the previous year's distribution by a factor of one and
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0010| one-half of the percentage increase in the fire protection
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0011| fund that occurred in the previous fiscal year."
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0012| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989,
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0013| Chapter 312, Section 5, as amended) is amended to read:
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0014| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--
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0015| A. The county commissioners of any county may
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0016| establish one or more county fire districts within the county
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0017| but outside the corporate limits of any municipality. The
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0018| marshal shall determine the number of fire stations and
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0019| substations located in each county fire district to be
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0020| certified and shall certify to the state treasurer for each
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0021| county fire district for the purpose of maintaining [a
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single] each fire station and [substations] each
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0023| substation, if any, [which meet] that meets the
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0024| requirements of the marshal and the requirements of this
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0025| section, and in accordance with the class insurance rating it
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0001| maintains, amounts not to exceed the following:
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0002| class main station substation
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0003| number 1 [$54,435] $58,245 [$20,172]
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0004| $21,584
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0005| number 2 [50,427] 53,957 [18,827]
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0006| 20,145
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0007| number 3 [46,393] 49,641 [17,481]
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0008| 18,705
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0009| number 4 [42,358] 45,323 [16,136]
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0010| 17,266
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0011| number 5 [40,340] 43,164 [14,792]
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0012| 15,827
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0013| number 6 [38,324] 41,007 [13,447]
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0014| 14,388
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0015| number 7 [36,307] 38,848 [12,776]
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0016| 13,670
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0017| number 8 [34,291] 36,691 [12,103]
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0018| 12,950
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0019| number 9 [25,550] 27,339 [10,091]
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0020| 10,797
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0021| number 10 [22,860] 24,460 none.
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0022| [upon establishing, to the satisfaction of the marshal, the
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following]
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0024| B. For fiscal year 2000 and each ensuing fiscal
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0025| year, the marshal shall certify to the state treasurer amounts
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0001| not to exceed the greater of the previous year's distribution
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0002| for each class or an amount to be determined by multiplying
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0003| the previous year's distribution by a factor of one and
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0004| one-half of the percentage increase in the fire protection
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0005| fund that occurred in the previous fiscal year.
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0006| C. Prior to the disbursement of any money from
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0007| the fire protection fund, the following must be established to
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0008| the satisfaction of the marshal:
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0009| (1) the county fire district has maintained
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0010| an official fire department for a period of at least one year,
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0011| established and governed by appropriate resolution of the
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0012| board of county commissioners of the county in which the
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0013| county fire district is located, and possesses fire apparatus
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0014| and equipment in serviceable condition to respond to a fire
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0015| incident;
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0016| (2) the geographic limits and boundaries of
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0017| the county fire district have been clearly defined and
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0018| established by the board of county commissioners of the county
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0019| in which the county fire district is located, and a plat
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0020| showing the geographic limits and boundaries has been accepted
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0021| by the board of county commissioners and filed as part of the
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0022| official record of proceedings of the board and a certified
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0023| copy thereof filed with the marshal; and
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0024| (3) there is available within the geographic
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0025| limits and boundaries of the county fire district an adequate
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0001| water supply to be used in connection with the fire-fighting
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0002| facilities of the county fire district.
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0003| [B.] D. The county commissioners of any county
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0004| may permit a county fire district located in the county to
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0005| service an area adjacent and contiguous to the district but
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0006| within another county; provided that the county commissioners
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0007| of the other county shall consent by resolution duly adopted
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0008| to the service and to the boundaries of the other area
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0009| serviced. Before commencement of service, a plat showing the
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0010| geographic limits and boundaries of the county fire district
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0011| and of the additional area to be serviced shall be filed with
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0012| and approved by the marshal. The county commissioners of
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0013| either the county in which the county fire district is located
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0014| or of the county in which the area being serviced is located
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0015| may terminate the service but only with the approval of the
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0016| marshal."
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0017| Section 3. EFFECTIVE DATE.--The effective date of the
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0018| provisions of this act is July 1, 1998.
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