0001| SENATE BILL 1116
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| BEN D. ALTAMIRANO
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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; PROVIDING FOR
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0012| DISTRIBUTIONS; PROVIDING A LIMITATION; AMENDING CERTAIN
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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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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 maintaining a
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0005| single fire station and substations, if any, which meet the
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0006| requirements of the marshal and the requirements of this
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0007| section, and in accordance with the class insurance rating it
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0008| maintains, amounts [not to exceed] based in fiscal year 1999
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0009| on the following:
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0010| class main station substation
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0011| number 1 $54,435 $20,172
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0012| number 2 50,427 18,827
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0013| number 3 46,393 17,481
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0014| number 4 42,358 16,136
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0015| number 5 40,340 14,792
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0016| number 6 38,324 13,447
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0017| number 7 36,307 12,776
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0018| number 8 34,291 12,103
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0019| number 9 25,550 10,091
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0020| number 10 22,860 none.
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0021| B. Beginning in fiscal year 1999 and for each
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0022| fiscal year thereafter, the distribution from the fire
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0023| protection fund for each class of main station and substation
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0024| pursuant to Subsection A of this section shall be one hundred
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0025| five percent of the prior year's distribution for that class of
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0001| station and substation, plus an additional amount calculated by
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0002| multiplying the prior year's distribution by the cost-of-living
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0003| adjustment determined pursuant to this subsection. The cost-
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0004| of-living adjustment is the percentage, if any, by which the
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0005| average of the monthly consumer price indices for the twelve
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0006| months ending on December 31 of the prior fiscal year exceeds
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0007| the average monthly consumer price indices for the twelve
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0008| months ending on December 31 of the fiscal year preceding the
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0009| prior fiscal year.
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0010| C. In the first fiscal year that the total amount
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0011| of annual distributions pursuant to this section and Section
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0012| 59A-53-5 NMSA 1978 equals seventy percent or more of the amount
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0013| transferred into the fire protection fund in that fiscal year
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0014| pursuant to Subsection C of Section 59A-6-5 NMSA 1978, the
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0015| marshal shall distribute for that fiscal year and each fiscal
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0016| year thereafter a total amount of annual distributions pursuant
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0017| to this section and Section 59A-53-5 NMSA 1978 that does not
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0018| exceed eighty percent of the total amount transferred to the
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0019| fire protection fund for the fiscal year pursuant to Subsection
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0020| C of Section 59A-6-5 NMSA 1978. The marshal shall adjust
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0021| distributions by the same percentage as necessary to meet this
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0022| requirement and shall publish annually the amount of the
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0023| anticipated distributions from the fund for each class of main
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0024| station and substation. As used in this subsection, "consumer
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0025| price index" means the consumer price index for all-urban
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0001| consumers published by the United States department of labor."
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0002| Section 2. Section 59A-53-5 NMSA 1978 (being Laws 1989,
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0003| Chapter 312, Section 5, as amended) is amended to read:
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0004| "59A-53-5. ESTABLISHMENT OF COUNTY FIRE DISTRICTS.--
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0005| A. The county commissioners of any county may
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0006| establish one or more county fire districts within the county
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0007| but outside the corporate limits of any municipality. The
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0008| marshal shall determine the number of fire stations and
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0009| substations located in each county fire district to be
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0010| certified and shall certify to the state treasurer for each
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0011| county fire district for maintaining a single fire station and
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0012| substations, if any, which meet the requirements of the marshal
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0013| and the requirements of this section, and in accordance with
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0014| the class insurance rating it maintains, amounts [not to
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exceed] based in fiscal year 1999 on the following:
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0016| class main station substation
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0017| number 1 $54,435 $20,172
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0018| number 2 50,427 18,827
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0019| number 3 46,393 17,481
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0020| number 4 42,358 16,136
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0021| number 5 40,340 14,792
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0022| number 6 38,324 13,447
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0023| number 7 36,307 12,776
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0024| number 8 34,291 12,103
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0025| number 9 25,550 10,091
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0001| number 10 22,860 none,
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0002| upon establishing, to the satisfaction of the marshal, the
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0003| following:
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0004| (1) the county fire district has maintained an
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0005| official fire department for a period of at least one year,
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0006| established and governed by appropriate resolution of the board
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0007| of county commissioners of the county in which the county fire
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0008| district is located, and possesses fire apparatus and equipment
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0009| in serviceable condition to respond to a fire incident;
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0010| (2) the geographic limits and boundaries of
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0011| the county fire district have been clearly defined and
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0012| established by the board of county commissioners of the county
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0013| in which the county fire district is located, and a plat
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0014| showing the geographic limits and boundaries has been accepted
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0015| by the board of county commissioners and filed as part of the
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0016| official record of proceedings of the board and a certified
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0017| copy thereof filed with the marshal; and
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0018| (3) there is available within the geographic
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0019| limits and boundaries of the county fire district an adequate
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0020| water supply to be used in connection with the fire-fighting
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0021| facilities of the county fire district.
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0022| B. Beginning in fiscal year 1999 and for each
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0023| fiscal year thereafter, the distribution from the fire
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0024| protection fund for each class of main station and substation
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0025| pursuant to Subsection A of this section shall be one hundred
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0001| five percent of the prior year's distribution for that class of
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0002| station and substation, plus an additional amount calculated by
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0003| multiplying the prior year's distribution by the cost-of-living
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0004| adjustment determined pursuant to this subsection. The cost-
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0005| of-living adjustment is the percentage, if any, by which the
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0006| average of the monthly consumer price indices for the twelve
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0007| months ending on December 31 of the prior fiscal year exceeds
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0008| the average monthly consumer price indices for the twelve
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0009| months ending on December 31 of the fiscal year preceding the
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0010| prior fiscal year.
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0011| C. In the first fiscal year that the total amount
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0012| of annual distributions pursuant to this section and Section
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0013| 59A-53-4 NMSA 1978 equals seventy percent or more of the amount
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0014| transferred into the fire protection fund in that fiscal year
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0015| pursuant to Subsection C of Section 59A-6-5 NMSA 1978, the
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0016| marshal shall distribute for that fiscal year and each fiscal
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0017| year thereafter a total amount of annual distributions pursuant
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0018| to this section and Section 59A-53-4 NMSA 1978 that does not
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0019| exceed eighty percent of the total amount transferred to the
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0020| fire protection fund for the fiscal year pursuant to Subsection
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0021| C of Section 59A-6-5 NMSA 1978. The marshal shall adjust
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0022| distributions by the same percentage as necessary to meet this
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0023| requirement and shall publish annually the amount of the
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0024| anticipated distributions from the fund for each class of main
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0025| station and substation. As used in this subsection, "consumer
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0001| price index" means the consumer price index for all-urban
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0002| consumers published by the United States department of labor.
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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 to
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0008| the service and to the boundaries of the other area serviced.
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0009| Before commencement of service, a plat showing the geographic
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0010| limits and boundaries of the county fire district and of the
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0011| additional area to be serviced shall be filed with and approved
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0012| by the marshal. The county commissioners of either the county
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0013| in which the county fire district is located or of the county
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0014| in which the area being serviced is located may terminate the
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0015| service but only with the approval of the marshal."
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0016| Section 3. Section 59A-53-7 NMSA 1978 (being Laws 1984,
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0017| Chapter 127, Section 978, as amended) is amended to read:
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0018| "59A-53-7. DISTRIBUTION OF FIRE PROTECTION FUND.--
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0019| A. Annually on or before the last day of July, the
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0020| state treasurer shall distribute from the money in the fire
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0021| protection fund, subject to the provisions of Sections 59A-53-
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0022| 4 and 59A-53-5 NMSA 1978, to each incorporated municipality
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0023| and to each county fire district, the amount [as] the marshal
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0024| or the state fire board, as the case may be, [shall have]
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0025| has certified to him. Payment shall be made to the
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0001| treasurer of any incorporated municipality and to the county
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0002| treasurer of the county in which any county fire district is
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0003| located for credit to the county fire district.
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0004| B. The state treasurer is authorized to redirect a
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0005| distribution to the New Mexico finance authority in the amount
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0006| [as] the marshal or the state fire board, as the case may be,
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0007| [shall have] has certified to him pursuant to an ordinance
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0008| or a resolution passed by the municipality or county and a
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0009| written agreement of the municipality or county in which any
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0010| county fire district is located and the New Mexico finance
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0011| authority."
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0012|
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0013|
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| March 10, 1997
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0020|
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0021| Mr. President:
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0022|
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0023| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0024| referred
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0025|
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0001| SENATE BILL 1116
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, and thence referred to the
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0005| FINANCE COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012| __________________________________
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0013| Shannon Robinson, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 5 For 0 Against
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0001| Yes: 5
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0002| No: 0
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0003| Excused: Adair, Boitano, Vernon, Smith
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0004| Absent: None
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0005|
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0006|
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0007| S1116PA1
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0008|
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