44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO THE STATE FIRE MARSHAL; MOVING THE STATE FIRE MARSHAL AND THE FIREFIGHTERS' TRAINING ACADEMY TO THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 8-8-9 NMSA 1978 (being Laws 1998, Chapter 108, Section 9) is amended to read:

"8-8-9. INSURANCE DIVISION.--

A. The director of the insurance division is the "superintendent of insurance" and shall have all the powers and duties prescribed to him in the New Mexico Insurance Code.

B. The insurance division shall consist of such bureaus as the superintendent of insurance determines for the orderly conduct of business [including the fire marshal bureau. The superintendent of insurance may organize the firefighter's training academy as part of the fire marshal bureau or may organize it as a separate bureau]."

Section 2. Section 9-16-4 NMSA 1978 (being Laws 1983, Chapter 297, Section 20, as amended) is amended to read:

"9-16-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "regulation and licensing department". The department shall not be a cabinet department. The department shall consist of but not be limited to five divisions as follows:

A. the administrative services division;

B. the construction industries division, including the state fire marshal, which shall be a bureau of the construction industries division, and including the firefighters' training academy, which shall be a section of the state fire marshal bureau;

C. the financial institutions division;

D. the securities division; and

E. the manufactured housing division."

Section 3. Section 59A-52-1 NMSA 1978 (being Laws 1984, Chapter 127, Section 947, as amended) is amended to read:

"59A-52-1. STATE FIRE MARSHAL CREATED.--The position of "state fire marshal" is created [as the bureau chief of the fire marshal bureau of the insurance division] in the construction industries division of the regulation and licensing department."

Section 4. Section 59A-52-3 NMSA 1978 (being Laws 1984, Chapter 127, Section 949, as amended) is amended to read:

"59A-52-3. DEPUTY STATE FIRE MARSHAL AND OTHER EMPLOYEES--QUALIFICATIONS OF DEPUTY.--The state fire marshal may, with the approval of the superintendent of regulation and licensing, appoint or remove a deputy state fire marshal and other employees to assist in the execution of the marshal's duties; provided, however, that the state fire marshal and any deputy state fire marshal appointed by the state fire marshal shall be experienced in fire prevention and fire fighting and have completed a course of training by actual attendance at a fire-training school."

Section 5. Section 59A-52-21 NMSA 1978 (being Laws 1984, Chapter 127, Section 967, as amended) is amended to read:

"59A-52-21. ADMINISTRATIVE APPEAL OF ORDERS AND MODIFICATIONS.--Any person aggrieved by any order of the state fire marshal, his deputy or authorized officer or his designated agent may appeal to the [commission] superintendent of regulation and licensing within ten days from the date of the service of such order. The [commission] superintendent of regulation and licensing shall hear such party within twenty days after receipt of an appeal request and shall give not less than ten days' written notice of the hearing. Within fifteen days after such hearing, the [commission] superintendent of regulation and licensing shall file [its] his decision and, unless by [its] his authority the order is revoked or modified, it shall be complied with within the time fixed in the decision, with such time to be not less than thirty days."

Section 6. Section 59A-52-23 NMSA 1978 (being Laws 1984, Chapter 127, Section 969, as amended) is amended to read:

"59A-52-23. ENFORCEMENT OF CEASE AND DESIST ORDERS.--After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The [commission] superintendent of regulation and licensing may likewise commence an action in the district court for Santa Fe county to enforce [its] his decision rendered on appeal from the cease and desist order of the state fire marshal."

Section 7. Section 59A-53-6 NMSA 1978 (being Laws 1984, Chapter 127, Section 977, as amended) is amended to read:

"59A-53-6. APPEAL AND REVIEW OF DETERMINATION.--The state fire marshal shall promptly notify each incorporated city, town, village and county fire district affected of his determination of needs, and an incorporated city, town, village or county fire district may appeal from the determination of the state fire marshal to the [commission] superintendent of regulation and licensing, within ten days after the determination of needs. The [commission] superintendent of regulation and licensing shall review the determination of the state fire marshal in such informal and summary proceedings as [it] he deems proper and shall certify to the state treasurer annually, on or before the last day of June, the results of all appeals from the determinations of the state fire marshal. The certification by the [commission] superintendent of regulation and licensing, or by the state fire marshal if no appeal is taken, shall be final and binding on all concerned and not subject to any further review."

Section 8. Section 59A-53-7 NMSA 1978 (being Laws 1984, Chapter 127, Section 978, as amended) is amended to read:

"59A-53-7. DISTRIBUTION OF FIRE PROTECTION FUND.--

A. Annually on or before the last day of July, the state treasurer shall distribute from the money in the fire protection fund, to each incorporated municipality and to each county fire district, the amount the state fire marshal or the [commission] superintendent of regulation and licensing, as the case may be, has certified to him. Payment shall be made to the treasurer of any incorporated municipality and to the county treasurer of the county in which any county fire district is located for credit to the county fire district.

B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in the amount the state fire marshal or the [commission] superintendent of regulation and licensing, as the case may be, has certified to him pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county in which any county fire district is located and the New Mexico finance authority."

Section 9. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On July 1, 2000:

A. all personnel and all money, appropriations, records, furniture, equipment, supplies and other property belonging to the state fire marshal's office, the fire marshal bureau or the firefighters' training academy of the public regulation commission shall be transferred to the regulation and licensing department;

B. all existing contracts, agreements and other obligations, all appeals and other proceedings and all rules and orders in effect for the state fire marshal's office, the fire marshal bureau and the firefighters' training academy of the public regulation commission shall be binding and effective on the regulation and licensing department; and

C. all references in law to the state fire marshal's office, the fire marshal bureau or the firefighters' training academy shall be deemed to be references to the regulation and licensing department.

Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.