0001|                        HOUSE JOINT MEMORIAL 1
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                         James Roger Madalena
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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|                           A JOINT MEMORIAL
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0011|     EXPRESSING THE SUPPORT OF THE NEW MEXICO LEGISLATURE FOR
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0012|     FEDERAL LEGISLATION TO COMPENSATE MEMBERS OF THE JEMEZ EAGLE
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0013|     FIREFIGHTING CREW NUMBER 4 AND THEIR SURVIVORS FOR THE
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0014|     INJURIES AND DEATHS SUFFERED IN THE ACCIDENT OF AUGUST 24,
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0015|     1986 DURING THE ANDERSON CREEK FIRE IN IDAHO.
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0016|     
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0017|          WHEREAS, on August 24, 1986, an Idaho national guard
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0018|     truck carrying a group of eighteen firefighters, members of
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0019|     the Jemez eagle crew number 4 from Jemez pueblo, New Mexico,
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0020|     who were returning from fighting the Anderson creek fire in
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0021|     the Boise national forest near Boise, Idaho, veered off
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0022|     Danskin Creek road and rolled eighty feet down a steep
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0023|     hillside, killing four members of the crew and injuring the
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0024|     rest; and 
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0025|          WHEREAS, although this accident was apparently the result
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0001|     of negligence on the part of the driver, a member of the Idaho
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0002|     national guard, who by statute was considered a federal
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0003|     employee at the time of the accident, and also negligence on
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0004|     the part of the United States forest service officials who
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0005|     were managing the firefighting operation, the injured
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0006|     firefighters and the survivors of the deceased firefighters
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0007|     were unable to bring claims for compensation against the
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0008|     United States because the firefighters and the deceased were
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0009|     erroneously determined to be federal employees themselves at
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0010|     the time of the accident; and
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0011|          WHEREAS, many of the permanently injured firefighters and
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0012|     the survivors of the deceased firefighters may be forced to
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0013|     rely on temporary assistance to needy families or welfare-to-
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0014|     work programs because of the destitution in which they have
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0015|     been placed due to this tragic accident that occurred when
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0016|     they or their loved ones were providing a great service to the
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0017|     people of this country; and 
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0018|          WHEREAS, the injured firefighters and the survivors of
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0019|     the deceased firefighters received only minimal or no
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0020|     compensation pursuant to the provisions of the Federal
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0021|     Employees' Compensation Act, even though two of the deceased
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0022|     left small children, and most of the survivors of the accident
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0023|     were seriously and permanently injured; and 
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0024|          WHEREAS, since the accident occurred, the firefighters
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0025|     and the survivors of the deceased firefighters have repeatedly
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0001|     sought assistance from congress allowing them by way of a
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0002|     private bill to file a claim against the United States or
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0003|     providing direct compensation to them for their injuries and
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0004|     losses, but so far without success; and 
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0005|          WHEREAS, federal legislation will soon be introduced in
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0006|     the current session of the United States congress again
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0007|     seeking compensation for the members of the Jemez firefighter
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0008|     crew injured or killed in this tragic accident; and
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0009|          WHEREAS, securing a remedy for the tragic wrong suffered

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0010|     by these brave young firefighters is long overdue; 
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0011|          NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0012|     STATE OF NEW MEXICO that strong support be expressed for
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0013|     legislation by the United States Congress to provide
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0014|     compensation to the members of the Jemez eagle crew number 4
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0015|     killed or injured in the accident of August 24, 1986; and 
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0016|          BE IT FURTHER RESOLVED that the legislature of the state
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0017|     of New Mexico support the policy of this state and the
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0018|     national government to do all that is necessary to keep
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0019|     families from relying on temporary assistance to needy
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0020|     families and to encourage families to pursue all avenues
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0021|     available to them to provide the means necessary to support
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0022|     their families; and
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0023|          BE IT FURTHER RESOLVED that the legislative of the state

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0024|     of New Mexico urge all members of the New Mexico congressional
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0025|     delegation to do everything within their power to obtain
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0001|     passage of a private bill providing compensation to the
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0002|     injured firefighters and the survivors of those deceased, and
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0003|     to urge their colleagues to do the same; and 
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0004|          BE IT FURTHER RESOLVED that copies of this memorial be
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0005|     transmitted to each member of the New Mexico congressional
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0006|     delegation and to the majority and minority leadership in each
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0007|     of the houses of congress.
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0008|                              
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