2021 New Mexico Statutes
Chapter 59A - Insurance Code
Article 53 - Fire Protection Fund
Section 59A-53-5 - Establishment of fire districts.
A. The county commissioners of any county may establish one or more fire districts. The marshal shall determine the number of fire stations and substations to be certified and shall certify to the state treasurer the amount to be distributed to each fire district for the purpose of maintaining each fire station and each substation, if any, that meets the requirements of the marshal and the requirements of this section. Unless adjusted pursuant to Section 59A-53-5.1 NMSA 1978, the amounts distributed in a fiscal year for a class insurance rating shall equal the following:
| class | main station | substation |
| number 1 | $ 82,592 | $ 30,606 |
| number 2 | 77,086 | 28,780 |
| number 3 | 70,919 | 26,724 |
| number 4 | 64,751 | 24,667 |
| number 5 | 61,667 | 22,612 |
| number 6 | 58,584 | 20,555 |
| number 7 | 55,501 | 19,530 |
| number 8 | 52,418 | 18,502 |
| number 9 | 39,058 | 15,425 |
| number 10 | 34,944 | none. |
B. Additionally, prior to the disbursement of any funds, the following must be established to the satisfaction of the marshal:
(1) the fire district has maintained an official fire department for a period of at least one year, established and governed by appropriate resolution of the board of county commissioners and possesses fire apparatus and equipment in serviceable condition to respond to a fire incident;
(2) the geographic limits and boundaries of the fire district have been clearly defined and established in a plat showing the geographic limits and boundaries accepted and filed as part of the official record of proceedings of the board of county commissioners and a certified copy thereof filed with the marshal; and
(3) there is available within the geographic limits and boundaries of the fire district an adequate water supply to be used in connection with the firefighting facilities of the fire district.
C. The county commissioners of any county may permit a county fire district to service an area adjacent and contiguous to the district but within another county or municipality; provided that the county commissioners of the other county or the municipality consent by resolution or law duly adopted or enacted to the service and to the boundaries of the other area serviced. Before commencement of service, a plat showing the geographic limits and boundaries of the county fire district and of the additional area to be serviced shall be filed with and approved by the marshal. Any county may apply for fire protection fund eligibility for any fire station located within the additional area to be serviced.
History: 1978 Comp., § 59A-53-5, enacted by Laws 1989, ch. 312, § 5; 1996, ch. 40, § 2; 1998, ch. 76, § 2; 2006, ch. 103, § 2; 2012, ch. 20, § 5.
ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 312, repealed 59A-53-5 NMSA 1978, as enacted by Laws 1984, ch. 127, § 976, relating to determination of needs and allocations, and establishment of independent fire districts, and enacted a new section, effective July 1, 1990.
The 2012 amendment, effective May 16, 2012, provided for county fire protection service across jurisdictional lines; in the title, after "establishment of" deleted "county"; in Subsection A, in the first sentence, after "establish one or more", deleted "county" and after "fire districts", deleted "within the county but outside the corporate limits of any municipality"; in the second sentence, after "stations and substations", deleted "located in each county fire district"; and after "distributed to each", deleted "county"; in Subsection B, in Paragraph (1), at the beginning of the sentence, deleted "county"; and after "board of county commissioners", deleted "of the county in which the county fire district is located"; in Paragraph (2), at the beginning of the sentence, after "the geographic limits and boundaries of the", deleted "county"; after "defined and established", deleted "by the board of county commissioners of the county in which the county fire district is located and" and added "in"; after "geographic limits and boundaries", deleted "has been"; after "boundaries accepted", deleted "by the board of county commissioners"; and after "proceedings of the board", added "of county commissioners"; and in Paragraph (3), after "boundaries of the", deleted "county", and after "facilities of the", deleted "county"; and in Subsection C, in the first sentence, after "county fire district", deleted "located in the county"; after "within another county", added "or municipality"; after "other county", deleted "shall" and added "or the municipality"; after "consent by resolution", added "or law"; and after "duly adopted", added "or enacted"; deleted the former third sentence, which provided that the county commissioners of either county could terminate service with the approval of the marshal; and added the current third sentence.
The 2006 amendment, effective May 17, 2006, provided the amounts to be distributed in each fiscal year for a class insurance rating unless adjusted pursuant to 59A-53-5.1 NMSA 1978 and increased the amount to be distributed for each main station and substation.
The 1998 amendment, effective May 20, 1998, rewrote Subsection A; redesignated former Paragraphs A(1) to A(3) as Paragraphs B(1) to B(3), and redesignated the remaining subsections accordingly; and added the introductory language in Subsection B.
The 1996 amendment, effective April 30, 1996, in Subsection A, inserted "fire district" following "county" in two locations and substituted new amounts for main station and substation fire districts in the table; and, in Subsection B, inserted "fire" preceding "district" in the second and third sentences.
