0001| AN ACT
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0002| RELATING TO INSURANCE; INCREASING DISTRIBUTIONS TO MUNICIPAL AND COUNTY
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0003| FIRE DEPARTMENTS FROM THE FIRE PROTECTION FUND; MAKING AN APPROPRIATION;
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0004| DECLARING AN EMERGENCY.
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0005|
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007| Section 1. Section 59A-53-4 NMSA 1978 (being Laws 1984, Chapter
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0008| 127, Section 975, as amended) is amended to read:
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0009| "59A-53-4. CRITERIA FOR DETERMINATION OF NEEDS.--In making the
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0010| determination of needs pursuant to Section
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0011| 59A-53-3 NMSA 1978, the marshal shall first determine that each
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0012| incorporated municipality to be certified has maintained an official
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0013| fire department created by, and regulated in accordance with, a duly
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0014| enacted ordinance for a period of at least one year prior to the date of
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0015| certification and possesses fire equipment and apparatus in serviceable
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0016| condition to respond to a fire incident. The marshal shall also deter-
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0017| mine the number of fire stations and substations located in each munic-
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0018| ipality to be certified and shall certify to the state treasurer for
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0019| each municipality for maintaining a single fire station and substations,
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0020| if any, which meet the requirements of the marshal and the requirements
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0021| of this section, and in accordance with the class insurance rating it
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0022| maintains, amounts not to exceed the following:
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0023| class main station substation
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0024| number 1 $54,435 $20,172
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0025| number 2 50,427 18,827
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0001| number 3 46,393 17,481
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0002| number 4 42,358 16,136
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0003| number 5 40,340 14,792
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0004| number 6 38,324 13,447
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0005| number 7 36,307 12,776
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0006| number 8 34,291 12,103
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0007| number 9 25,550 10,091
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0008| number 10 22,860 none."
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0009| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989, Chapter
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0010| 312, Section 5) is amended to read:
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0011| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--
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0012| A. The county commissioners of any county may establish one
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0013| or more county fire districts within the county but outside the corpor-
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0014| ate limits of any municipality. The marshal shall determine the number
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0015| of fire stations and substations located in each county fire district to
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0016| be certified and shall certify to the state treasurer for each county
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0017| fire district for maintaining a single fire station and substations, if
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0018| any, which meet the requirements of the marshal and the requirements of
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0019| this section, and in accordance with the class insurance rating it
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0020| maintains, amounts not to exceed the following:
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0021| class main station substation
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0022| number 1 $54,435 $20,172
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0023| number 2 50,427 18,827
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0024| number 3 46,393 17,481
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0025| number 4 42,358 16,136
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0001| number 5 40,340 14,792
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0002| number 6 38,324 13,447
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0003| number 7 36,307 12,776
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0004| number 8 34,291 12,103
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0005| number 9 25,550 10,091
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0006| number 10 22,860 none,
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0007| upon establishing, to the satisfaction of the marshal, the following:
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0008| (1) the county fire district has maintained an offi-
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0009| cial fire department for a period of at least one year, established and
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0010| governed by appropriate resolution of the board of county commissioners
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0011| of the county in which the county fire district is located, and
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0012| possesses fire apparatus and equipment in serviceable condition to
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0013| respond to a fire incident;
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0014| (2) the geographic limits and boundaries of the county
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0015| fire district have been clearly defined and established by the board of
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0016| county commissioners of the county in which the county fire district is
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0017| located, and a plat showing the geographic limits and boundaries has
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0018| been accepted by the board of county commissioners and filed as part of
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0019| the official record of proceedings of the board and a certified copy
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0020| thereof filed with the marshal; and
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0021| (3) there is available within the geographic limits
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0022| and boundaries of the county fire district an adequate water supply to
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0023| be used in connection with the fire-fighting facilities of the county
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0024| fire district.
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0025| B. The county commissioners of any county may permit a
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0001| county fire district located in the county to service an area adjacent
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0002| and contiguous to the district but within another county; provided that
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0003| the county commissioners of the other county shall consent by resolution
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0004| duly adopted to the service and to the boundaries of the other area
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0005| serviced. Before commencement of service, a plat showing the geographic
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0006| limits and boundaries of the county fire district and of the additional
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0007| area to be serviced shall be filed with and approved by the marshal.
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0008| The county commissioners of either the county in which the county fire
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0009| district is located or of the county in which the area being serviced is
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0010| located may terminate the service but only with the approval of the
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0011| marshal."
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0012| Section 3. EFFECTIVE DATE.--The effective date of the provisions
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0013| of this act is April 30, 1996.
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0014| Section 4. EMERGENCY.--It is necessary for the public peace,
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0015| health and safety that this act take effect immediately.
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0016|
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0017|
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0018| HB
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0019| 639
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0020| Page
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