0001| HOUSE BILL 279
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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| RAYMOND G. SANCHEZ
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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| AMENDING THE FIRE PROTECTION FUND LAW; CHANGING THE FIRE
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0012| PROTECTION FUND DISTRIBUTION FORMULA.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984,
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0016| Chapter 127, Section 975, as amended) is amended to read:
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0017| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--
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0018| A. In making the determination of needs pursuant
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0019| to Section 59A-53-3 NMSA 1978, the marshal shall first
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0020| determine that each incorporated municipality to be certified
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0021| has maintained an official fire department created by and
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0022| regulated in accordance with a duly enacted ordinance for a
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0023| period of at least one year prior to the date of certification
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0024| and possesses fire equipment and apparatus in serviceable
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0025| condition to respond to a fire incident. The marshal shall
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0001| also determine the number of fire stations and substations
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0002| located in each municipality to be certified and shall certify
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0003| to the state treasurer for each municipality for the purpose
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0004| of maintaining [a single] each fire station and
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0005| [substations] each substation, if any, [which meet]
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0006| that meets the requirements of the marshal and the
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0007| requirements of this section, and in accordance with the class
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0008| insurance rating it maintains, amounts for fiscal year 1999
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0009| not to exceed the following:
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0010| class main station substation
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0011| number 1 $[54,435] 58,245 $[20,172] 21,584
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0012| number 2 [50,427] 53,957
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0013| [18,827] 20,145
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0014| number 3 [46,393] 49,641 [17,481] 18,705
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0015| number 4 [42,358] 45,323 [16,136] 17,266
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0016| number 5 [40,340] 43,164 [14,792] 15,827
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0017| number 6 [38,324] 41,007 [13,447] 14,388
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0018| number 7 [36,307] 38,848 [12,776] 13,670
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0019| number 8 [34,291] 36,691 [12,103] 12,950
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0020| number 9 [25,550] 27,339 [10,091] 10,797
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0021| number 10 [22,860] 24,460 none.
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0022| B. For fiscal year 2000 and each fiscal year
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0023| thereafter, the marshal shall certify to the state treasurer
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0024| amounts not to exceed the greater of the previous year
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0025| distributions for each class or an amount to be determined by
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0001| multiplying the previous year distributions by a factor of one
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0002| plus one-half of the percentage increase in the fire
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0003| protection fund occurring in the previous fiscal year."
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0004| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989,
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0005| Chapter 312, Section 5, as amended) is amended to read:
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0006| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--
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0007| A. The county commissioners of any county may
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0008| establish one or more county fire districts within the county
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0009| but outside the corporate limits of any municipality. The
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0010| marshal shall determine the number of fire stations and
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0011| substations located in each county fire district to be
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0012| certified and shall certify to the state treasurer for each
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0013| county fire district for the purpose of maintaining [a
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single] each fire station and [substations] each
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0015| substation, if any, [which meet] that meets the
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0016| requirements of the marshal and the requirements of this
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0017| section, and in accordance with the class insurance rating it
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0018| maintains, amounts not to exceed the following:
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0019| class main station substation
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0020| number 1 $[54,435] 58,245 $[20,172] 21,584
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0021| number 2 [50,427] 53,957 [18,827] 20,145
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0022| number 3 [46,393] 49,641 [17,481] 18,705
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0023| number 4 [42,358] 45,323 [16,136] 17,266
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0024| number 5 [40,340] 43,164 [14,792] 15,827
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0025| number 6 [38,324] 41,007 [13,447] 14,388
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0001| number 7 [36,307] 38,848 [12,776] 13,670
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0002| number 8 [34,291] 36,691 [12,103] 12,950
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0003| number 9 [25,550] 27,339 [10,091] 10,797
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0004| number 10 [22,860] 24,460 none.
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0005| [upon establishing, to the satisfaction of the marshal, the
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following]
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0007| B. For fiscal year 2000 and each fiscal year
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0008| thereafter, the marshal shall certify to the state treasurer
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0009| amounts not to exceed the greater of the previous fiscal year
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0010| distributions for each class or an amount to be determined by
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0011| multiplying the previous year distributions by a factor of one
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0012| plus one-half of the percentage increase in the fire
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0013| protection fund occurring in the previous fiscal year.
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0014| C. Additionally, prior to the disbursement of any
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0015| funds, the following must be established to the satisfaction
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0016| of the marshal:
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0017| (1) the county fire district has maintained
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0018| an official fire department for a period of at least one year,
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0019| established and governed by appropriate resolution of the
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0020| board of county commissioners of the county in which the
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0021| county fire district is located, and possesses fire apparatus
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0022| and equipment in serviceable condition to respond to a fire
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0023| incident;
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0024| (2) the geographic limits and boundaries of
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0025| the county fire district have been clearly defined and
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0001| established by the board of county commissioners of the county
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0002| in which the county fire district is located, and a plat
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0003| showing the geographic limits and boundaries has been accepted
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0004| by the board of county commissioners and filed as part of the
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0005| official record of proceedings of the board and a certified
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0006| copy thereof filed with the marshal; and
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0007| (3) there is available within the geographic
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0008| limits and boundaries of the county fire district an adequate
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0009| water supply to be used in connection with the fire-fighting
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0010| facilities of the county fire district.
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0011| [B.] D. The county commissioners of any county
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0012| may permit a county fire district located in the county to
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0013| service an area adjacent and contiguous to the district but
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0014| within another county; provided that the county commissioners
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0015| of the other county shall consent by resolution duly adopted
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0016| to the service and to the boundaries of the other area
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0017| serviced. Before commencement of service, a plat showing the
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0018| geographic limits and boundaries of the county fire district
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0019| and of the additional area to be serviced shall be filed with
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0020| and approved by the marshal. The county commissioners of
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0021| either the county in which the county fire district is located
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0022| or of the county in which the area being serviced is located
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0023| may terminate the service but only with the approval of the
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0024| marshal."
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0025|
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