SB 245 — SEPARATE FIRE MARSHALL FROM PRC

and (3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or e e 17 the chair of the county commission, if distributions from the e e n d 18 fire protection fund for the fire department are made to a = = l ] 19 county fire district.

a l r i 20 D.

Prior to April 1, 2020, for service credit that t e a t has been earned, but not credited pursuant to Subsection B of m m 21 e d r e 22 this section, a member may post or adjust service credit earned c e r c 23 for one or more years beginning on or after January 1, 1984;

e a n b 24 provided that the member shall:

u [ (1) file with the association a completed .215755.4 - 4 - "Corrected Qualification Record" or "Adjusted Qualification Record" as prescribed by the association;

(2) acknowledge the truth of the records under oath before a notary public;

The association may request the [fire marshal h division of the public regulation commission] state fire g o t hr marshal's office to verify member qualifications submitted to g e i k the association." h r i s SECTION 4.

Section 10-11B-5 NMSA 1978 (being Laws 2007, h , t, Chapter 149, Section 5, as amended) is amended to read:

e u g e 17b l e e h "10-11B-5.

FIREFIGHTERS' SURVIVORS SUPPLEMENTAL e e n d 18d BENEFITS--REVIEWi COMMITTEE--DETERMINATION--PAYMENT.-- = = o h BENEFITS--REVIEW COMMITTEE--DETERMINATION--PAYMENT.-- l ] 19b ,d i a º e A.

There is created the "firefighters' survivors ar li = r it 20e w d m a n o supplemental death benefits review committee".

The committee td e a t shall consist of the attorney general [the president of the New m m: 21 e d r e 22 Mexico fire chiefs association, the state president of the New c e r c 23 Mexico professional fire fighters association and the president e a n b 24 of the New Mexico state fire fighters' association or their u [ designees] or the attorney general's designee and the fire .215755.4 - 5 - services council .

b e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 5 - e a n e d r e l u [ A d shall consist of the attorney general [the president of the New Mexico fire chiefs association, the state president of the New Mexico professional fire fighters association and the president of the New Mexico state fire fighters' association or their designees] or the attorney general's designee and the fire services council.

If there is no surviving spouse, the h benefits shall be distributed in pro rata shares to all g o t hr surviving children.

If there are no surviving children or g e i k spouse, benefits shall be distributed to the surviving parents h r i s of the firefighter." h , t, SECTION 5.

Section 24-22-2 NMSA 1978 (being Laws 2001, e u g e 17b l e e h Chapter 31, Section 2 and Laws 2001, Chapter 132, Section 2, as e e n d 18d i = = o h amended) is amended to read:

= = l ] 19b ,d i a º e "24-22-2.

DEFINITIONS.--As used in the Safe Haven for ar li = r it 20e w d m a n o Infants Act:

td em a: t A.

"fireb station"e meansd as fireº stationo thatt isn m= m.215755.4AIC 21February e16, d2020 r(1:50pm) es 22k certifiedm bye the- [fire6 marshal- divisione ofa then public c e d r ce 23l regulationu commission][ stateA fired marshal'sA. office;

e"fire station" means a nfire bstation 24that B.is certified by the [fire marshal division of the public regulation commission] state fire marshal's office;

"hospital"B. means an acute care general hospital u [ or health care clinic licensed by the state;

.215755.4"hospital" -means 6an -acute C.care general hospital or health care clinic licensed by the state;

C.

"staff" means an employee, contractor, agent or h volunteer performing services as required and on behalf of the g o t hr safe haven site." g e i k SECTION 6.

Section 59A-52-1 NMSA 1978 (being Laws 1984, h r i s Chapter 127, Section 947, as amended) is amended to read:

h , t, "59A-52-1.

STATE FIRE MARSHAL'S OFFICE CREATED--STATE e eu 17g FIREe MARSHALb CREATED.--l e e h FIRE MARSHAL CREATED.-- n d 18d i = = o h A.

The "state fire marshal's office" is created as = = l ] 19b ,d i a º e a division under the homeland security and emergency management ar li = r it 20e w d m a n o department.

td em a: t B.

Theb positione ofd "states fireº marshal"o ist createdn m= m.215755.4AIC 21February e16, d2020 r(1:50pm) es 22k asm thee director- of7 the- [firee marshala divisionn undere thed publicr c e rl cu 23[ regulationA commission]d stateB. fire marshal's office.

eThe aposition nof b"state 24fire C.marshal" is created as the director of the [fire marshal division under the public regulation commission] state fire marshal's office.

C.

u [ (1) firefighter training academy program;

.215755.4 - 7 - (2) fire service support program;

DEPUTY STATE FIRE MARSHAL AND OTHER EMPLOYEES--QUALIFICATIONS OF DEPUTY.--The state fire marshal may employ with the consent of the [chief of staff of the public regulation commission] secretary of homeland security and emergency management deputy state fire marshals and other employees to assist in the execution of the marshal's duties." h SECTION 8.

Section 59A-52-4 NMSA 1978 (being Laws 1984, g o t hr Chapter 127, Section 950) is amended to read:

g e i k "59A-52-4.

BONDING OF EMPLOYEES.--The state fire marshal h r i s shall require the bonding of those employees whose duties in h , t, [his] the marshal's opinion require such bonds and in an amount e u g e 17b l e e h determined by [him.

The premiums of such bonds shall be paid e e n d 18d i = = o h out of the appropriation hereinafter made to] the marshal." = = l ] 19b ,d i a º e SECTION 9.

Section 59A-52-5 NMSA 1978 (being Laws 1984, ar li = r it 20e w d m a n o Chapter 127, Section 951) is amended to read:

td em a: t "59A-52-5.

COOPERATIONb WITH OTHER AGENCIES FOR PREVENTION m m 21 e d rs eº 22o ANDt CONTROLn OF= FIRES.--The.215755.4AIC stateFebruary fire16, marshal2020 is(1:50pm) authorizeds tok cm e r- c8 23- cooperate with all other groups, organizations and agencies in e a n be 24d thisr statee orl in other states in the collection, dissemination u [ andA evaluationd of"59A-52-5. information, statistics and suggestions for .215755.4 - 8 - prevention or control of fires." SECTION 10.

COOPERATION WITH OTHER AGENCIES FOR PREVENTION AND CONTROL OF FIRES.--The state fire marshal is authorized to cooperate with all other groups, organizations and agencies in this state or in other states in the collection, dissemination and evaluation of information, statistics and suggestions for prevention or control of fires." SECTION 10.

[The marshal shall have available, from funds included in the general appropriation act of each legislature, money for use by him in establishing and conducting such training programs.]" h SECTION 11.

Section 59A-52-7 NMSA 1978 (being Laws 1984, g o t hr Chapter 127, Section 953) is amended to read:

g e i k "59A-52-7.

TEACHING FIRE PREVENTION AND CONTROL IN PUBLIC h r i s SCHOOLS--RULES FOR SCHOOL BUILDING EVACUATION.--The state fire h , t, marshal shall prescribe reasonable rules [and regulations] and e u g e 17b l e e h programs for the teaching to all [school children ] e e n d 18d i = = o h schoolchildren in the state, whether in public or private = = l ] 19b ,d i a º e schools, the proper methods of fire prevention and control.

ar li = r it 20e w d m a n o Such rules [regulations ] and programs shall be submitted to the td e a t [department of ] public education department on or before August m m: 21 e d r e 22 [first] 1 of each year.

Amongb othere things,d suchs rulesº co et rn c= 23.215755.4AIC [regulations]February and16, programs2020 shall(1:50pm) prescribes drillsk form e - 9 - e a n be 24d evacuatingr schoole buildings."l u [ SECTIONA 12.d [department of] public education department on or before August [first] 1 of each year.

SectionAmong 59A-52-8other NMSAthings, 1978such (beingrules Laws[regulations] 1984,and .215755.4programs -shall 9prescribe -drills Chapterfor 127,evacuating Sectionschool 954)buildings." isSECTION amended12. to read:

Section 59A-52-8 NMSA 1978 (being Laws 1984, Chapter 127, Section 954) is amended to read:

INVESTIGATION OF FIRE HAZARDS--ABATEMENT.--The state fire marshal is authorized to make investigations, or require [his][his ] the marshal's deputy to make investigations, and ] that are reports of existing conditions in the state [which ] that are fire hazards and to make reasonable orders for the alleviation of such situations as [he ] the marshal may deem necessary.

If the orders of the marshal are not carried out by persons to whom they are directed, [he ] the marshal shall institute proper proceedings under municipal ordinances or state laws to require compliance with [his ] the orders, as [he] the marshal may deem h necessary." g o t hr SECTION 13.

Section 59A-52-9 NMSA 1978 (being Laws 1984, g e i k Chapter 127, Section 955) is amended to read:

h r i s "59A-52-9.

MAY ENTER UPON PREMISES.--The state fire h , t, marshal [his] or the marshal's deputy, [his] authorized officer e u g e 17b l e e h or designated agent shall have authority at all normal hours of e e n d 18d i = = o h operation to enter in and upon all buildings and premises = = l ] 19b ,d i a º e subject to [this article ] Chapter 59A, Article 52 NMSA 1978 for ar li = r it 20e w d m a n o the purpose of examination and inspection." td em a: t SECTION 14.

Sectionb 59A-52-10e NMSAd 1978s (beingº Lawso 1984,t mn = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 10 - e da rn e 22d Chapterr 127,e Sectionl 956)u is[ amendedA tod read:SECTION 14.

cSection e59A-52-10 rNMSA c1978 23(being "59A-52-10.Laws 1984, Chapter 127, Section 956) is amended to read:

INVESTIGATION"59A-52-10. OF FIRES AND EXPLOSIONS-- e a n b 24 HEARINGS--USE OF STATE POLICE LABORATORY.--The state fire u [ marshal or [his] the marshal's deputies or employees are .215755.4 - 10 - authorized to make investigations deemed necessary of any fire or explosion or attempt to cause any fire or explosion in the state [and].

INVESTIGATION OF FIRES AND EXPLOSIONS-- HEARINGS--USE OF STATE POLICE LABORATORY.--The state fire marshal or [his] the marshal's deputies or employees are authorized to make investigations deemed necessary of any fire or explosion or attempt to cause any fire or explosion in the state [and ].

The marshal or [his][his ] the h marshal's deputies or designated persons shall also have the g o t hr power to cause to be produced before them such papers as they g e i k may require in making such examination.

In addition, the h r i s marshal or [his ] the marshal's deputies or designated persons h , t, may, in their discretion, take full control and custody of such e u g e 17b l e e h buildings and premises, and place [such person ] someone in e e n d 18d i = = o h charge [thereof ] of the building and premises as they may deem = = l ] 19b ,d i a º e proper, until their examination and investigation is completed.

a l r i 20= Forr evaluation of the evidence, the marshal shall have access t e aw td to the facilities and personnel of the [state police m ma 21n eo dFor revaluation e 22 laboratory] department of public safety forensic laboratories c e r c 23 bureau, and the executiveevidence, head of [such laboratory] the bureaumarshal e a n b 24 shall cooperatehave fullyaccess withd them marshal.": u [ SECTION 15.

Sectionb 59A-52-11e NMSAd 1978s (beingº Lawso 1984,t .215755.4n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 11 - Chaptere 127,a Sectionn 957)e isd amendedr e l u [ A d to read:the facilities and personnel of the [state police laboratory] department of public safety forensic laboratories bureau, and the executive head of [such laboratory] the bureau shall cooperate fully with the marshal." SECTION 15.

Section 59A-52-11 NMSA 1978 (being Laws 1984, Chapter 127, Section 957) is amended to read:

WITNESSES--PER DIEM AND MILEAGE.--Witnesses or persons subpoenaed [under this article ] pursuant to Chapter 59A, Article 52 NMSA 1978 shall be paid [as to time and expense from the fire marshal's fund] at per diem and mileage rates on 6 the same bases and at the same rates as currently apply as to state employees in general." SECTION 16.

RECORDS OF FIRES OPEN TO PUBLIC.--The state fire marshal shall keep open to public inspection, at h reasonable hours, all records of fires occurring within the g o t hr state." g e i k SECTION 17.

Section 59A-52-13 NMSA 1978 (being Laws 1984, h r i s Chapter 127, Section 959) is amended to read:

h , t, e u g "59A-52-13.

TRANSMITTAL OF EVIDENCE INDICATING CRIMINAL e b l e 17e h ACTS.--The state fire marshal shall furnish to the proper law e e n d 18d i = = o h enforcement officers any evidence [he ] that the marshal may = = l ] 19b ,d i a º e discover in [his[his] ] the marshal's investigations [which] that a l r i 20= indicatesr criminal acts." t e w d m a tn SECTIONo 18.indicates criminal acts." d m :

Sectionb 59A-52-14e NMSAd 1978s (beingº Lawso 1984,t mn = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 12 - e da rn e 22d Chapterr 127,e Sectionl 960)u is[ amendedA tod read:SECTION 18.

cSection e59A-52-14 rNMSA c1978 23(being "59A-52-14.Laws 1984, Chapter 127, Section 960) is amended to read:

APPROPRIATIONS.--For"59A-52-14. the purposes of [this e a n b 24 article] Chapter 59A, Article 52 NMSA 1978, an appropriation to u [ the homeland security and emergency management department shall .215755.4 - 12 - be included in the general appropriation act of each legislature, the appropriation to be made from the fire protection fund, which funds are to be paid out by the secretary of finance and administration on vouchers signed by ] secretary of homeland security and emergency the [marshal management." SECTION 19.

APPROPRIATIONS.--For the purposes of [this article] Chapter 59A, Article 52 NMSA 1978, an appropriation to the homeland security and emergency management department shall be included in the general appropriation act of each legislature, the appropriation to be made from the fire protection fund, which funds are to be paid out by the secretary of finance and administration on vouchers signed by the [marshal ] secretary of homeland security and emergency management." SECTION 19.

For prevention and control of fires, pursuant to h the State Rules Act, the state fire [board] marshal shall g o t hr formulate, adopt and promulgate, and amend or revise [regulations]g e i k [regulations ] rules for fire prevention and safe conduct or use h r i s of public occupancies and rules concerning the sale, servicing h , t, or use of fire safety, prevention, detection or suppression e u g e 17b l e e h equipment or materials.

For the purposes of this provision, e e n d 18d i = = o h "public occupancies" consist of places of assembly, educational = = l ] 19b occupancies,,d institutionali occupancies, residential occupancies a lº r i 20 consisting of four [(4) ] or more family units, mercantile t e a t occupancies, officeinstitutional occupancies, industrialresidential occupancies,occupancies mr mi 21= e d r et 22 storage occupancies and miscellaneous structures consisting of c e rw cd 23m towers, underground structures and windowless buildings and all e a n bo 24consisting buildingsof ownedfour or[(4) occupied] by the state government or anymore ufamily [units, politicalmercantile subdivisiond thereofm or: by municipal governments.

.215755.4b e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 13 - [ande regulationsa concerningn thee sale,d servicingr ore usel u [ A d occupancies, office occupancies, industrial occupancies, storage occupancies and miscellaneous structures consisting of firetowers, safety,underground prevention,structures detectionand windowless buildings and all buildings owned or suppressionoccupied equipmentby the state government or materials.any political subdivision thereof or by municipal governments.

[and regulations concerning the sale, servicing or use of fire safety, prevention, detection or suppression equipment or materials.

The notice shall be entitled "notice of proposed rule making" and it shall contain the date of the 6 hearing and shall state the subject of the hearing.

In addition, the board shall make available for inspection at its offices, a copy of the proposed regulations.] h B.

The rules [and regulations ] shall follow g o t hr nationwide standards except in the area of life safety codes, g e i k which shall be compatible with the Uniform Building Code, as h r i s revised from time to time, issued by the international h , t, conference of building officials.

e u g e 17b l e e h C.

The rules [and regulations ] shall allow e e n d 18d i = = o h reasonable provision under which facilities in service prior to = = l ] 19b ,d i a º e the effective date of the rules [and regulations ] and not in ar li = r it 20e w d m a n o strict conformity therewith may be continued in service.

td e a t [Noncomforming ] Nonconforming facilities in service prior to m m: 21 e d r e 22 the adoption of [regulations which ] rules that are found by the c e r c 23 state fire marshal to constitute a distinct hazard to life or e a n b 24 property shall not be exempt from [regulations ] rules nor u [ permitted to continue in service." .215755.4 - 14 - SECTION 20.

b e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 14 - e a n e d r e l u [ A d [Noncomforming] Nonconforming facilities in service prior to the adoption of [regulations which ] rules that are found by the state fire marshal to constitute a distinct hazard to life or property shall not be exempt from [regulations ] rules nor permitted to continue in service." SECTION 20.

The [commission[commission] ] state fire marshal shall adopt rules for the safe vehicular transportation, storage, handling and use of flammable and combustible liquids;

provided that the [commission][commission ] state fire marshal shall not adopt any rule conflicting with the jurisdiction of the department of environment over the regulation of storage tanks pursuant to the Hazardous Waste Act or the Ground Water Protection Act.

h B.

The rules shall be in keeping with the latest g o t hr generally recognized safety standards for flammable and g e i k combustible liquids.

Rules in substantial conformity with the h r i s published standards of the national fire protection association h , t, for vehicular transportation, storage, handling and use of e u g e 17b l e e h flammable and combustible liquids shall be deemed to be in e e n d 18d i = = o h substantial conformity with the generally accepted and = = l ] 19b ,d i a º e recognized standards of safety concerning the same subject ar li = r it 20e w d m a n o matter.

td em a: t C.

Theb rules shall include reasonable provisions m m 21 e d rs eº 22o undert whichn facilities= in.215755.4AIC serviceFebruary prior16, to2020 the(1:50pm) effectives datek cm e r- c15 23- ofe thea rulesn ande notd inr strict conformity therewith may be e al nu b[ 24A continuedd inC. service.

NonconformingThe rules shall include reasonable provisions under which facilities in service u [ prior to the adoptioneffective date of the rules thatand arenot foundin bystrict theconformity statetherewith .215755.4 - 15 - fire marshal to constitute a distinct hazard to life or property may not be exceptedcontinued from the rules or permitted to continue in service.

Nonconforming facilities in service prior to the adoption of the rules that are found by the state fire marshal to constitute a distinct hazard to life or property may not be excepted from the rules or permitted to continue in service.

If the need for compliance with any rule is conditioned on local factors, the rules shall provide that reasonable notice be given to the proprietor of the facility affected of intention to evaluate the need for compliance and of the time and place at which [he][he ] the proprietor may appear and offer evidence h thereon.

g o t hr D.

As used in Chapter 59A, Article 52 NMSA 1978, g e i k the term "flammable liquid" [shall mean ] means any liquid h r i s having a flash point below one hundred degrees Fahrenheit, and h , t, "combustible liquid" [shall mean ] means any liquid having a "combustiblee liquid"u [shallg meane b l e e 17h flash point at or above one hundred degrees Fahrenheit and e e n d 18d i = = o h below two hundred degrees Fahrenheit." = = l ] 19b ,d i a º e SECTION 21.

Section 59A-52-17 NMSA 1978 (being Laws 1984, ar li = r it 20e w d m a n o Chapter 127, Section 963) is amended to read:

td em a: t "59A-52-17.

[REGULATIONSb ] RULES--PUBLIC HEARING.--No rule m m 21 e d rs eº 22o [ort regulationn ]= shall.215755.4AIC beFebruary adopted16, or2020 revised(1:50pm) unders Sectionk [962m c e r- c16 23- of this article] 59A-52-16 NMSA 1978 or made effective until e a n be 24d afterr publice hearingl thereon, of which at least twenty [(20) ] u [ days'A writtend notice"59A-52-17. shall be given by certified mail to each .215755.4 - 16 - motor carrier, producer, refiner, distributor or other person [who or which] that shall have registered [his or] its name and mailing address with the state fire marshal as a party interested in such proceedings, and at which any such interested party may appear and present testimony.

[REGULATIONS] RULES--PUBLIC HEARING.--No rule [or regulation ] shall be adopted or revised under Section [962 of this article] 59A-52-16 NMSA 1978 or made effective until after public hearing thereon, of which at least twenty [(20) ] days' written notice shall be given by certified mail to each motor carrier, producer, refiner, distributor or other person [who or which ] that shall have registered [his or] its name and mailing address with the state fire marshal as a party interested in such proceedings, and at which any such interested party may appear and present testimony.

RULES [AND REGULATIONS ]--STATEWIDE EFFECT-- RESERVED POWER OF MUNICIPALITIES--TRAINING .-- h A.

The rules [and regulations] promulgated pursuant g o t hr to [this article ] Chapter 59A, Article 52 NMSA 1978 shall have g e i k uniform force and effect throughout the state and no h r i s municipality or subdivision shall enact or enforce any h , t, ordinances or rules [or regulations] inconsistent with the e u g e 17b l e e h statewide rules [and regulationsregulations] ] promulgated pursuant to e e n d 18d i = = o h [this] that article.

Nothing in [this] that article shall in = = l ] 19b ,d i a º e any way impair the power of any municipality to regulate the ar li = r it 20e w d m a n o use of its land by zoning, building codes or restricted fire td em a: t district [regulations ] rules.

mb e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 17 - e a n e d r e 22l B.u [ A d district [regulations] rules.

TheB. state fire marshal shall train at least one c e r c 23 certified firefighter per county to perform all required fire e a n b 24 and fire safety inspections." u [ SECTION 23.

SectionThe 59A-52-19state NMSAfire 1978marshal (beingshall LawsSJCºtrain 1984,at .215755.4least -one»SJC 17SJCºoffer -training Chapterto»SJC 127,certified SectionSJCºfirefighter 965)per iscounty amendedto perform all required»SJC SJCºfirefighters to read:assist with »SJC fire and fire safety inspections." SECTION 23.

Section 59A-52-19 NMSA 1978 (being Laws 1984, Chapter 127, Section 965) is amended to read:

The state fire marshal [his] or the marshal's deputy, [or his] authorized officer or designated agent shall 6 have full powers as peace officers to enforce the provisions of [this article]article ] Chapter 59A, Article 52 NMSA 1978 and all rules [and regulations ] issued pursuant to [this] that article.

The revenue officers and law enforcement officers of the state shall cooperate with the marshal [his ] or h the marshal's deputy, [or] authorized officer or designated g o t hr agent whenever called upon by any of them for assistance in g e i k enforcing [this articlearticle] ] Chapter 59A, Article 52 NMSA 1978." h r i s SECTION 24.

Section 59A-52-20 NMSA 1978 (being Laws 1984, h , t, e u g Chapter 127, Section 966) is amended to read:

e b l e e h "59A-52-20.

CEASE AND DESIST ORDERS--CERTAIN VIOLATIONS en ed 17d i = = o h ARE MISDEMEANORS.-- el ] b ,d i a º e nr di 18= r A.

When the state fire marshal [his] or the = = l ] 19 marshal's deputy, [or his] authorized officer or designated a l r i 20 agent finds any violation of the [regulations ] rules issued in t e aw td compliance with [this article, he or they ] Chapter 59A, Article m ma 21n eo d r e 22 52 NMSA 1978, the marshal or the marshal's deputy, authorized[or chis] eauthorized r c 23 officer or designated agentd shallm issue: an order to the owner e a n b 24 or [his] the owner's agent to cease and desist such violations.

b e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 18 - e a n e d r e l u [ B.A d agent finds any violation of the [regulations] rules issued in compliance with [this article, he or they ] Chapter 59A, Article NMSA 1978, the marshal or the marshal's deputy, authorized officer or designated agent shall issue an order to the owner or [his] the owner's agent to cease and desist such violations.

WhenB. there is [so ] found any violation of any .215755.4 - 18 - statute or rules [and regulations ] concerning flammable liquids, a cease and desist order shall [issue ] be issued if the violation constitutes an immediate and distinct hazard to life or property, and any such violation shall constitute a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).

When there is [so] found any violation of any statute or rules [and regulations ] concerning flammable liquids, a cease and desist order shall [issue ] be issued if the violation constitutes an immediate and distinct hazard to life or property, and any such violation shall constitute a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).

ADMINISTRATIVE APPEAL OF ORDERS AND h MODIFICATIONS.--Any person aggrieved by any order of the state g o t hr fire marshal [his ] or the marshal's deputy, [or] authorized g e i k officer or [his ] designated agent may appeal to the [commission]h r i s [commission ] fire services council within ten days from the h , t, date of the service of such order.

The [commission] council e u g e b l e e h shall hear such party within twenty days after receipt of an en ed 17d i = = o h appeal request and shall give not less than ten days' written el e] nb d,d 18i a º e notice of the hearing.

Within fifteen days after such hearing, =r i = lr ]t 19e w d m a n o the [commission ] council shall file its decision and, unless by ad l r i 20 its authority the order is revoked or modified, [it ] the order t e a t shall be complied with within the time fixed in the decision, m m: 21 e d r e 22 with such time to be not less than thirty days." c e r c 23 SECTION 26.

Sectionb 59A-52-23e NMSAd 1978s (beingº Lawso 1984,t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 19 - e a n be 24d Chapterr 127,e Sectionl 969,u as[ amended)A d its authority the order is amendedrevoked or modified, [it] the order shall be complied with within the time fixed in the decision, with such time to read:be not less than thirty days." SECTION 26.

uSection [59A-52-23 "59A-52-23.NMSA 1978 (being Laws 1984, Chapter 127, Section 969, as amended) is amended to read:

ENFORCEMENT"59A-52-23. OF CEASE AND DESIST ORDERS.-- .215755.4 - 19 - After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce the cease and desist order by injunction or other appropriate remedy as the district court may adjudge.

TheENFORCEMENT [commission]OF fireCEASE servicesAND councilDESIST mayORDERS.-- likewiseAfter expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce itsthe decisioncease renderedand ondesist appealorder fromby theinjunction ceaseor andother desistappropriate orderremedy ofas the statedistrict firecourt marshal."may SECTIONadjudge. 27.

SectionThe 59A-52-24[commission NMSA] 1978fire (beingservices Lawscouncil 1984,may Chapterlikewise 127,commence Sectionan 970)action isin amendedthe district court for Santa Fe county to read:enforce its decision rendered on appeal from the cease and desist order of the state fire marshal." SECTION 27.

"59A-52-24.Section 59A-52-24 NMSA 1978 (being Laws 1984, h Chapter 127, Section 970) is amended to read:

PENALTYg FORo VIOLATIONt OFhr LAW"59A-52-24. OR [REGULATIONS ] RULES.--Violation of any of the provisions of [this article] Chapter 59A, Article 52 NMSA 1978 or of any of the [regulations] rules lawfully enacted pursuant [thereto] to that article shall constitute a misdemeanor for which the punishment e e 17 shall be a fine of not more than five hundred dollars ($500).

ePENALTY FOR VIOLATION OF LAW OR [REGULATIONS ] g e ni dk 18RULES.--Violation Eachof dayany of the provisions of [this article] h r i s Chapter 59A, Article 52 NMSA 1978 or of any suchof violationthe continuesh , t, [regulations ] rules lawfully enacted pursuant [thereto] to that e u g e b l e e h article shall constitute a misdemeanor for which the punishment n d d i = = lo ]h 19shall separatebe offense." a lfine rof inot 20more SECTIONthan 28.five hundred dollars ($500).

Sectionl 59A-52-25] NMSAb 1978,d (beingi Lawsa 1984,º t e Each day any such violation continues shall constitute a r i = r t Chaptere 127,w Sectiond 971)m isa amendedn too read:separate offense." d m :

mb e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 20 - e a n e d r e 22l "59A-52-25.u [ A d SECTION 28.

PENALTYSection FOR59A-52-25 VIOLATIONNMSA OF1978 CEASE(being ANDLaws DESIST1984, cChapter e127, rSection c971) 23is ORDER.--Anyamended person, firm or corporation that violates any final e a n b 24 cease and desist order shall be subject to aread: penalty in the sum u [ of five hundred dollars ($500) for each day such violation .215755.4 - 20 - continues.

"59A-52-25.

PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER.--Any person, firm or corporation that violates any final cease and desist order shall be subject to a penalty in the sum of five hundred dollars ($500) for each day such violation continues.

[Any penalty collected under the provisions of this section shall be credited to the fire protection fund.]" 6 SECTION 29.

A new section of Chapter 59A, Article 52 NMSA 1978 is enacted to read:

The state fire marshal shall be appointed by the h secretary of homeland security and emergency management.

The g o t hr state fire marshal shall be appointed solely on the basis of g e i k fitness to perform the duties of state fire marshal and without h r i s reference to political party affiliation.

The state fire h , t, marshal shall be well versed in fire services, including e u g e b l e e h structural fires, training, investigations and code en ed 17d i = = o h enforcement, as well as administrative duties, including el e] nb d,d 18i a º e personnel, operating budgets and capital planning and =r i = lr ]t 19e w d m a n o expenditures.

The state fire marshal shall have an ad lm r: i 20 understanding of insurance services office requirements, t e a t wildland firefighting and legislative advocacy.

mb e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 21 - e a n e d r e 22l B.u [ A d understanding of insurance services office requirements, wildland firefighting and legislative advocacy.

TheB. state fire marshal shall be an at-will c e r c 23 employee and is exempt from the federal Fair Labor Standards e a n b 24 Act of 1938.

uThe [state C.fire marshal shall be an at-will employee and is exempt from the federal Fair Labor Standards Act of 1938.

C.

.215755.4 - 21 - (1) oversee and manage the state fire marshal's office and direct its activities;

A new section of Chapter 59A, Article 52 NMSA 1978 is enacted to read:

h "[NEW MATERIAL] FIRE SERVICES COUNCIL CREATED-- g o t hr MEMBERSHIP.-- g e i k A.

The "fire services council" is created to advise h r i s the state fire marshal's office on fire and emergency services h , t, policy.

e u g e b l e e h (1) the presiding officer or designee of each en ed 17d i = = o h of the:

el e] nb d,d 18i a º e (a) New Mexico fire chiefs association;

=r i = lr ]t 19e (b)w fired andm emergency managers a ln ro i(b) 20fire affiliateand ofemergency Newmanagers Mexicod counties;m :

tb e ad s º o t (c)n New= Mexico.215755.4AIC stateFebruary firefighters16, m2020 (1:50pm) s k m 21e - 22 - e a n e d r e 22l association;u [ A d affiliate of New Mexico counties;

c(c) e r c 23 (d) New Mexico emergencystate medicalfirefighters e a n b 24 technician association;

u(d) [ (e) New Mexico fireemergency marshalsmedical .215755.4technician - 22 - association;

(f)(e) theNew metroMexico fire chiefsmarshals association;

(f) SFCº the»SFC metro fire chiefs association;

h B.

The fire services council shall select from g o t hr among its members a chair and vice chair, who shall serve one- g e i k year terms.

No member shall serve as chair or vice chair for h r i s more than two consecutive years.

h , t, C.

The fire services council shall meet as e u g e b l e e h frequently as necessary to conduct business or hold hearings en ed 17d i = = o h but no less than four times per year.

A majority of members of el e] nb d,d 18i a º e the council constitutes a quorum.

=r i = lr ]t 19e w d m a n o D.

Council members shall be reimbursed for their ad lm r: i 20 per diem and mileage expenses in accordance with the Per Diem t e a t and Mileage Act.

Councilb memberse shalld otherwises serveº withouto mt n = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 23 - e a n e d r e 22l compensation.u [ A d per diem and mileage expenses in accordance with the Per Diem and Mileage Act.

cCouncil emembers rshall cotherwise 23serve E.without compensation.

TheE. fire services council is subject to the e a n b 24 Inspection of Public Records Act and the Open Meetings Act.

uThe [ Individual members of the fire services council areis subject to .215755.4the -Inspection 23of -Public theRecords Governmental Conduct Act and the FinancialOpen DisclosureMeetings Act.

Individual members of the fire services council are subject to the Governmental Conduct Act and the Financial Disclosure Act.

or (2) required by law." h SECTION 31.

A new section of Chapter 59A, Article 52 NMSA g o t hr 1978 is enacted to read:

g e i k "[NEW MATERIAL]MATERIAL ] FIRE SERVICES COUNCIL--DUTIES.--The fire h r i s services council shall:

h , t, A.

review and comment on proposed changes in fire e u g e b l e e h codes and the proposed budget of the state fire marshal's en ed 17d i = = o h office;

el e] nb d,d 18i a º e B.

consider complaints regarding the performance of =r i = lr ]t 19e w d m a n o the state fire marshal's office and make recommendations to the ad lm r: i 20 state fire marshal;

b e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 24 - e a tn C.e d r e l u [ A d state fire marshal;

provideC. to the secretary of homeland security m m 21 e d r e 22 and emergency management a recommendation on the appointment of c e r c 23 the state fire marshal;

provide to the secretary of homeland security and eemergency management a nrecommendation bon 24the D.appointment of the state fire marshal;

hear administrative appeals of state fire u [ marshal or deputy state fire marshal orders and modifications."D. .215755.4 - 24 - SECTION 32.

hear administrative appeals of state fire marshal or deputy state fire marshal orders and modifications." SECTION 32.

Payment shall be made to the treasurer of any municipality and h to the county treasurer of the county in which any county fire u » r district is located for credit to the county fire district.

t h g e l i B.

The state treasurer is authorized to redirect a h r i s distribution to the New Mexico finance authority in the amount h , e h that the marshal or the [public regulation commission ] t u g e b l e e , gh secretary of homeland security and emergency managementmanagement, , as the en ed 17d i = = o h case may be, has certified to the state treasurer pursuant to el e] nb d,d 18i a º r an ordinance or a resolution passed by the municipality or =e r = lt ]e 19w d m a n o county and a written agreement of the municipality or county in ad lm r: i 20 which any county fire district is located and the New Mexico t e a t finance authority.

mb r e t º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 25 - e a n e d r e 22l C.u [ A d which any county fire district is located and the New Mexico finance authority.

InC. addition to the distributions made pursuant c e r c 23 to Subsections A and B of this section, upon certification by e a n b 24 the marshal that the balance of the firefighters' survivors u [ fund is less than two hundred fifty thousand dollars .215755.4 - 25 - ($250,000), the state treasurer shall distribute an amount from the fire protection fund to the firefighters' survivors fund so that the balance of the firefighters' survivors fund equals two hundred fifty thousand dollars ($250,000)." SECTION 33.

In addition to the distributions made pursuant to Subsections A and B of this section, upon certification by the marshal that the balance of the firefighters' survivors fund is less than two hundred fifty thousand dollars ($250,000), the state treasurer shall distribute an amount from the fire protection fund to the firefighters' survivors fund so that the balance of the firefighters' survivors fund equals two hundred fifty thousand dollars ($250,000)." SECTION 33.

h (1) a representative of the New Mexico g o t hr municipal league;

g e i k (2) a representative of [the ] New Mexico h r i s [association of ] counties;

h , t, (3) two members appointed by the [public e u g e b l e e h regulation commission who shall serve at the pleasure of the en ed 17d i = = o h commission] fire services council, who shall serve at the el e] nb d,d 18i a º e pleasure of the council;

= = l ] 19 (4) three members, one from each congressional a l r i 20= district,r appointedt bye thew governord whom shalla serven ato the(4) tthree emembers, aone tfrom pleasureeach ofcongressional thed governor;m :

andb me d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m 21e - 26 - e a n e d r e 22l (5)u the[ marshal,A whod shalldistrict, serveappointed asby athe cgovernor ewho rshall cserve 23at nonvotingthe advisorypleasure member.of the governor;

Theand council(5) shallthe electmarshal, awho chairshall andserve eas a nnonvoting badvisory 24member. vice chair from its membership.

uThe [council [B.shall elect a chair and vice chair from its membership.

No[B. appointee to the council shall be a member .215755.4 - 26 - or employee of the public regulation commission or the office of superintendent of insurance.

No appointee to the council shall be a member or employee of the public regulation commission or the office of superintendent of insurance.

[D.][D. C.

] C.

h (2) communications equipment;

g o t hr (3) equipment for wildfires;

g e i k (4) fire station construction or expansion;

h r i s (5) equipment for hazardous material response;

h , t, and e u g e b l e e h (6) stipends for volunteer firefighters in en ed 17d i = = o h underserved areas.

el e] nb d,d 18i [E.]a D.º e [E.

Applications for grant assistance from the = = l ] 19D. fire protection grant fund shall be made by fire districts to a l r i 20 the council in accordance with the requirements of the council.

tApplications efor agrant tassistance Usingfrom criteria developed by the council,r thei council= shallr mt m 21 e w d rm ea 22n evaluateo applicationsfire andprotection prioritizegrant thosefund applicationsshall mostbe inmade cby efire rdistricts cto 23d needm of: grant assistance from the fund.

Tob thee extentd thats eº ao t n b= 24.215755.4AIC moneyFebruary in16, the2020 fund(1:50pm) iss available,k them councile shall- award27 grant- e a n e d r e l u [ assistanceA ford thosethe prioritizedcouncil applications.in accordance with the requirements of the council.

.215755.4Using -criteria 27developed -by [F.]the E.council, the council shall evaluate applications and prioritize those applications most in need of grant assistance from the fund.

To the extent that money in the fund is available, the council shall award grant assistance for those prioritized applications.

[F.

] E.

[G.][G. F.

] F.

(2) ensure the proposed stipends will comply with the federal Fair Labor Standards Act of 1938 and United States department of labor requirements for maintaining h volunteer status;

g o t hr (3) require a basic level of training before a g e i k volunteer may receive a stipend;

h r i s (4) consider whether the fire district h , t, requires a service commitment from its volunteer firefighters e u g e b l e e h in exchange for stipends;

and en ed 17d i = = o h (5) weight the applications against other el e] nb d,d 18i a º e criteria or requirements determined by the council." =r i = lr ]t 19e w d m a n o SECTION 34.

TEMPORARY PROVISION--RECOMPILATION ad l r i 20 INSTRUCTION.--The compiler shall recompile Section 8-8-9.1 NMSA t e a t 1978 (being Laws 2001, Chapter 80, Section 1) in Chapter 59A, m m: 21 e d r e 22 Article 52 NMSA 1978.

cb e d s º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 28 - e a n e d r ce 23l SECTIONu 35.[ A d INSTRUCTION.--The compiler shall recompile Section 8-8-9.1 NMSA (being Laws 2001, Chapter 80, Section 1) in Chapter 59A, Article 52 NMSA 1978.

TEMPORARYSECTION PROVISION--TRANSFER35. OF FUNCTIONS, e a n b 24 PERSONNEL, APPROPRIATIONS, PROPERTY, RECORDS, CONTRACTS AND u [ REFERENCES IN LAW.-- .215755.4 - 28 - A.

TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, PROPERTY, RECORDS, CONTRACTS AND REFERENCES IN LAW.-- A.

Beginning on July 1, 2021, all references in law, rules, orders and other official acts to the fire marshal division of the public regulation commission shall be deemed references to the state fire marshal's office of the homeland h security and emergency management department.

u » r C.

Beginning on July 1, 2021, all contractual t h g e l i obligations of the fire marshal division of the public h r i s regulation commission are binding on the state fire marshal's h , e h office of the homeland security and emergency management t u g e b l e e , gh department.

en ed 17d i = = o h SECTION 36.

REPEAL.--Section 8-8-9.3 (being Laws 2007, el e] nb d,d 18i a º r Chapter 161, Section 4) is repealed.

=e r = lt ]e 19w d m a n o SECTION 37.

EFFECTIVE DATE.--The effective date of the ad lm r: i 20 provisions of this act is July 1, 2021.

tb r e at º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k m e - 29 - me ma 21n e d r e 22l cu e[ rA cd 23provisions eof athis nact bis 24July u1, [2021. .215755.4

- 30 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .215755.4AIC February 16, 2020 (1:50pm) s k em e e a n e d r e l u [ A d