reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14C - Health Care Work Force Data Collection, Analysis and Policy › Section 24-14C-6 - Health care work force work group; work force data analysis; recruitment planning; strategic plan for improving health care access; work force survey.

The chancellor for health sciences of the university of New Mexico shall convene a health care work force work group that includes representatives of health care consumers; health care providers; organized groups representing physicians, physician assistants, nurses, nurse practitioners, dentists, dental hygienists and pharmacists; health care work force training institutions; the department of health; the public education department; the higher education department; and the boards. The work group shall:
A. analyze and make recommendations to the legislature regarding incentives to attract qualified individuals, including those from minority groups underrepresented among health care professions, to pursue health care education and practice in New Mexico;
B. develop a short-term plan and a five-year plan to improve health care access, with a draft report on the plans to be submitted to the interim legislative health and human services committee by November 1, 2011. Beginning October 1, 2012, the work group shall make detailed annual reports to the legislative health and human services committee by October 1 of each year;
C. analyze the collected data and make recommendations to the legislature for building healthier communities and improving health outcomes; and
D. devise an electronic survey, designed to be completed by applicants within fifteen minutes, for boards to provide to applicants for licensure or renewal of licensure, which includes questions regarding the information required pursuant to Subsection C of Section 24-14C-5 NMSA 1978 and any other survey questions that the chancellor and the work group deem appropriate.
History:
Laws 2011, ch. 152, § 6; 2012, ch. 16, § 6.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, transferred the duties of the secretary of health to the chancellor; in the introductory sentence after "The", deleted "secretary of health" and added "chancellor for health sciences of the university of New Mexico" and after "health care work force training institutions, the", deleted "New Mexico health policy commission" and added "department of health"; and in Subsection D, after "any other survey questions that the", deleted "secretary of health" and added "chancellor".
Temporary provisions.
— Laws 2012, ch. 16, § 7 amended Laws 2011, ch. 152, § 7 to provide that to carry out the provisions set forth in the Health Care Work Force Data Collection, Analysis and Policy Act, the chancellor for health sciences of the university of New Mexico shall seek funding pursuant to Section 5102 of the federal Patient Protection and Affordable Care Act, as well as funding from any other source, public or private, that the chancellor deems appropriate.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-1 - Short title.

Chapter 24, Article 15 NMSA 1978 may be cited as the "Ski Safety Act".
History:
1953 Comp., § 12-16-1, enacted by Laws 1969, ch. 218, § 1; recompiled as 1953 Comp., § 12-28-1, by Laws 1972, ch. 51, § 9; 1979, ch. 279, § 1.
ANNOTATIONS
Doctrine of comparative negligence
is applicable to claims brought under the Ski Safety Act where both the skier and the ski area operator are alleged to have breached statutory duties.
Lopez v. Ski Apache Resort
, 1992-NMCA-047, 114 N.M. 202, 836 P.2d 648, cert. denied, 113 N.M. 815, 833 P.2d 1181.
Law reviews.
— For article, "Bartlett Revisited New Mexico Tort Law Twenty Years After the Abolition of Joint and Several Liability Part One," see 33 N.M.L. Rev. 1 (2003).
For article, "Tort Law The Application of the Rescue Doctrine Under Comparative Negligence Principles: Govich v. North American Systems, Inc.", see 23 N.M.L. Rev. 349 (1993).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27A Am. Jur. 2d Entertainment and Sports Law § 54 et seq.
Private owner's liability to trespassing children for injury sustained by sledding, tobogganing, skiing, skating or otherwise sliding on his land, 19 A.L.R.3d 184.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-2 - Purpose of act.

A. In order to safeguard life, health, property and the welfare of this state, it is the policy of New Mexico to protect its citizens and visitors from unnecessary hazards in the operation of ski lifts and passenger aerial tramways and to require liability insurance to be carried by operators of ski lifts and tramways. The primary responsibility for the safety of operation, maintenance, repair and inspection of ski lifts and tramways rests with the operators of such devices. The primary responsibility for the safety of the individual skier while engaging in the sport of skiing rests with the skier himself. The state, through the Ski Safety Act, recognizes these responsibilities and duties on the part of the ski area operator and the skier.
B. It is recognized that there are inherent risks in the sport of skiing, which should be understood by each skier and which are essentially impossible to eliminate by the ski area operator. It is the purpose of the Ski Safety Act to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury and those risks which the skier or passenger expressly assumes and for which there can be no recovery.
History:
1953 Comp., § 12-16-2, enacted by Laws 1969, ch. 218, § 2; recompiled as 1953 Comp., § 12-28-2, by Laws 1972, ch. 51, § 9; 1979, ch. 279, § 2; 1997, ch. 211, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, designated the existing paragraphs as Subsections A and B, respectively, and inserted "or passenger" following "skier" near the end of Subsection B.
Duties for ski operators.
— Section 24-15-7 NMSA 1978, not this section, sets out the specific duties for ski operators in a skiing area.
Barba v. Taos Ski Valley, Inc.
, 1998 Colo. J. C.A.R. 2324 (10th Cir. 1998), decision without published opinion, 145 F.3d 1345 (10th Cir. 1998).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-3 - Definitions.

As used in the Ski Safety Act:
A. "ski lift" means any device operated by a ski area operator used to transport passengers by single or double reversible tramway, chair lift or gondola lift, T-bar lift, J-bar lift, platter lift or similar device or a fiber rope tow;
B. "passenger" means any person, at any time in the year, who is lawfully using a ski lift or is waiting to embark or has recently disembarked from a ski lift and is in its immediate vicinity;
C. "ski area" means the property owned, permitted, leased or under the control of the ski area operator and administered as a single enterprise within the state;
D. "ski area operator" means any person, partnership, corporation or other commercial entity and its agents, officers, employees or representatives who has operational responsibility for any ski area or ski lift;
E. "skiing" means participating in the sport in which a person slides on snow, ice or a combination of snow and ice while using skis;
F. "skiing area" means all slopes, trails, terrain parks and competition areas, not including any ski lift;
G. "skier" means any person, including a person enrolled in ski school or other class for instruction, who is on skis and present at a skiing area under the control of a ski area operator for the purpose of engaging in the sport of skiing by utilizing the ski slopes and trails and does not include a passenger;
H. "ski slopes and trails" means those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing;
I. "ski retention device" means a device designed to help prevent runaway skis; and
J. "skis" means any device used for skiing, including alpine skis, telemark skis, cross-country skis, mono-skis, snowboards, bladerunners, adaptive devices used by disabled skiers, or tubes, sleds or any other device used to accomplish the same or a similar purpose to participate in the sport of skiing.
History:
Laws 1969, ch. 218, § 3; 1953 Comp., § 12-16-3; recompiled as 1953 Comp., § 12-28-3 by Laws 1972, ch. 51, § 9; 1978 Comp., § 24-15-3, repealed and reenacted by Laws 1979, ch. 279, § 3; 1997, ch. 211, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1979, ch. 279, § 3 repealed and reenacted 24-15-3 NMSA 1978, effective April 4, 1979.
The 1997 amendment,
effective June 20, 1997, inserted "at any time in the year" near the beginning of Subsection B, added Subsections E and J, redesignated former Subsections E to H as Subsections F to I, inserted "terrain parks and competition areas" in Subsection F, inserted "including a person enrolled in ski school or other class for instruction, who is on skis and" near the beginning of Subsection G, substituted "a passenger" for "the use of a ski lift" at the end of Subsection G, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-4 - Insurance.

A. Every operator shall file with the state corporation commission [public regulation commission] and keep on file therewith proof of financial responsibility in the form of a current insurance policy in a form approved by the commission, issued by an insurance company authorized to do business in the state, conditioned to pay, within the limits of liability herein prescribed, all final judgments for personal injury or property damage proximately caused or resulting from negligence of the operator covered thereby, as such negligence is defined and limited by the Ski Safety Act. The minimum limits of liability insurance to be provided by operators shall be as follows:
SKI SAFETY ACT
LIABILITY INSURANCE
LIMITS OF LIABILITY
REQUIRED MINIMUM COVERAGES
FOR INJURIES, DEATH OR DAMAGES
KIND
LIMITS FOR
LIMITS FOR BODILY
AND
BODILY INJURY
INJURY TO OR DEATH
NUMBER
TO OR
OF ALL PERSONS
OF LIFTS
DEATH OF
INJURED OR KILLED
PROPERTY
OPERATED
ONE PERSON
IN ANY ONE ACCIDENT
DAMAGE
Not more than three
surface lifts
$100,000
$300,000
$5,000
Not more than three
ski lifts, including
one or more
chair lifts
250,000
500,000
25,000
More than three
ski lifts or one
or more tramways
500,000
1,000,000
50,000.
B. No ski lift or tramway shall be operated in this state after the effective date of the Ski Safety Act unless a current insurance policy as required herein is in effect and properly filed with the state corporation commission [public regulation commission]. Each policy shall contain a provision that it cannot be canceled prior to its expiration date without thirty days' written notice of intent to cancel served by registered mail on the insured and on the commission.
History:
1953 Comp., § 12-16-4, enacted by Laws 1969, ch. 218, § 4; recompiled as 1953 Comp., § 12-28-4, by Laws 1972, ch. 51, § 9; 1997, ch. 211, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 deemed that all references to the state corporation commission be construed as references to the public regulation commission.
Cross references.
— For duties of operators,
see
24-15-7 NMSA 1978.
For public regulation commission,
see
N.M. Const., art. XI, § 1.
The 1997 amendment,
effective June 20, 1997, designated the existing paragraphs as Subsections A and B respectively, in Subsection A, added the table heading which reads "SKI SAFETY ACT LIABILITY INSURANCE LIMITS OF LIABILITY REQUIRED MINIMUM COVERAGES FOR INJURIES, DEATH OR DAMAGES", increased the minimum limits of liability insurance throughout the table, and made a minor stylistic change in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27A Am. Jur. 2d Entertainment and Sports Law § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-4 - Insurance. (Effective July 1, 2024.)

A. Every ski area operator shall file with the department of transportation and keep on file with the department proof of financial responsibility in the form of a current insurance policy in a form approved by the department, issued by an insurance company authorized to do business in the state and conditioned to pay, within the limits of liability prescribed in this section, all final judgments for personal injury or property damage proximately caused by or resulting from negligence of the ski area operator covered by the policy, as such negligence is defined and limited by the Ski Safety Act. The minimum limits of liability insurance to be provided by ski area operators shall be as follows:
SKI SAFETY ACT
LIABILITY INSURANCE
LIMITS OF LIABILITY
REQUIRED MINIMUM COVERAGES
FOR INJURIES, DEATH OR DAMAGES
LIMITS FOR BODILY
INJURY TO OR DEATH
LIMITS FOR BODILY
OF ALL PERSONS
KIND AND NUMBER
INJURY TO OR DEATH
INJURED OR KILLED
PROPERTY
OF LIFTS OPERATED
OF ONE PERSON
IN ANY ONE ACCIDENT
DAMAGE
Not more than
three surface lifts
$ 100,000
$ 300,000
$ 5,000
Not more than
three ski lifts,
including one or more
chair lifts
250,000
500,000
25,000
More than three
ski lifts or one
or more tramways
500,000
1,000,000
50,000.
B. No ski lift or tramway shall be operated in this state after the effective date of the Ski Safety Act unless a current insurance policy as required by this section is in effect and properly filed with the department of transportation. Each policy shall contain a provision that it cannot be canceled prior to its expiration date without thirty days' written notice of intent to cancel served by registered mail on the insured and on the department.
History:
1953 Comp., § 12-16-4, enacted by Laws 1969, ch. 218, § 4; recompiled as 1953 Comp., § 12-28-4, by Laws 1972, ch. 51, § 9; 1997, ch. 211, § 3; 2023, ch. 100, § 13.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; and substituted each occurrence of "state corporation commission" with "department of transportation" and each occurrence of "commission" with "department" throughout the section.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-5 - Penalty.

Any operator convicted of operating a ski lift or aerial passenger tramway without having obtained and kept in force an insurance policy as required by the Ski Safety Act is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500) for each day of illegal operation. The attorney general or the district attorney of the county where the ski area is located has the power to bring proceedings in the district court of the county in which the ski area is located to enjoin the operation of any ski lift or tramway being operated without a current insurance policy, in the amounts prescribed herein, being obtained and kept in force and covering the operator concerned.
History:
1953 Comp., § 12-16-5, enacted by Laws 1969, ch. 218, § 5; recompiled as 1953 Comp., § 12-28-5, by Laws 1972, ch. 51, § 9; 1997, ch. 211, § 4.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "having obtained and kept in force" for "having filed" near the beginning of the section, substituted "five hundred dollars ($500)" for "one hundred dollars ($100)" in the first sentence, and substituted "being obtained and kept in force" for "being on file" near the end of the section.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-6 - Provisions in lieu of others.

Provisions of the Ski Safety Act are in lieu of all other regulations, registration or licensing requirements for ski areas, ski lifts and tramways. Ski lifts and tramways shall not be construed to be common carriers within the meaning of the laws of New Mexico.
History:
1953 Comp., § 12-16-6, enacted by Laws 1969, ch. 218, § 6; recompiled as 1953 Comp., § 12-28-6, by Laws 1972, ch. 51, § 9.
ANNOTATIONS
Skier as third party beneficiary of permit between United States and ski resort.
— The dismissal of an injured skier's claim that she was a third party beneficiary under the terms of the permit between the United States and the ski resort was proper since the Ski Safety Act provided the exclusive remedy available to the skier.
Kidd v. Taos Ski Valley, Inc.
, 88 F.3d 848 (10th Cir. 1996).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-8 - Duties of ski area operators with respect to ski lifts.

Every ski area operator shall have the duty to operate, repair and maintain all ski lifts in safe condition. The ski area operator, prior to December 1 of each year, shall certify to the state corporation commission [public regulation commission] the policy number and name of the company providing liability insurance for the ski area and the date of the ski lift inspections and the name of the person making such inspections.
History:
Laws 1969, ch. 218, § 8; 1953 Comp., § 12-16-8; recompiled as 1953 Comp., § 12-28-8 by Laws 1972, ch. 51, § 9; 1978 Comp., § 24-15-8, repealed and reenacted by Laws 1979, ch. 279, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 deemed that all references to the state corporation commission be construed as references to the public regulation commission.
Repeals and reenactments.
— Laws 1979, ch. 279, § 5 repealed and reenacted 24-15-8 NMSA 1978, effective April 4, 1979.
Cross references.
— For public regulation commission,
see
N.M. Const., art. XI, § 1.
The doctrine of comparative negligence
is applicable to claims brought under the act where both the skier and the ski area operator are alleged to have breached statutory duties.
Lopez v. Ski Apache Resort
, 1992-NMCA-047, 114 N.M. 202, 836 P.2d 648, cert. denied, 113 N.M. 815, 833 P.2d 1181.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-8 - Duties of ski area operators with respect to ski lifts. (Effective July 1, 2024.)

Every ski area operator has the duty to operate, repair and maintain all ski lifts in safe condition. The ski area operator, prior to December 1 of each year, shall certify to the department of transportation the policy number and name of the company providing liability insurance for the ski area, the date of the ski lift inspections and the name of the person making those inspections.
History:
Laws 1969, ch. 218, § 8; 1953 Comp., § 12-16-8; recompiled as 1953 Comp., § 12-28-8 by Laws 1972, ch. 51, § 9; 1978 Comp., § 24-15-8, repealed and reenacted by Laws 1979, ch. 279, § 5; 2023, ch. 100, § 14.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed a reference to the state corporation commission due to the transfer of certain powers and duties to the department of transportation; and deleted "state corporation commission" and added "department of transportation".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-9 - Duties of passengers.

Every passenger shall have the duty to conduct himself carefully and not to:
A. board or embark upon or disembark from a ski lift except at an area designated for such purpose;
B. drop, throw or expel any object from a ski lift;
C. do any act which shall interfere with the running or operation of a ski lift;
D. use any ski lift unless the passenger has the ability to use it safely without any instruction on its use by the ski area operator or requests and receives instruction before boarding the ski lift;
E. willfully or negligently engage in any type of conduct which contributes to or causes injury to any person;
F. embark on a ski lift without the authority of the ski area operator;
G. use any ski lift without engaging such safety or restraining devices as may be provided; or
H. wear skis without properly securing ski retention devices; or
I. use a ski lift while intoxicated or under the influence of any controlled substance.
History:
1978 Comp., § 24-15-9, enacted by Laws 1979, ch. 279, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27A Am. Jur. 2d Entertainment and Sports Law § 88 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-11 - Liability of ski area operators.

Any ski area operator shall be liable for loss or damages caused by the failure to follow the duties set forth in Sections 24-15-7 and 24-15-8 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered, and shall continue to be subject to liability in accordance with common-law principles of vicarious liability for the willful or negligent actions of its principals, agents or employees which cause injury to a passenger, skier or other person. The ski area operator shall not be liable to any passenger or skier acting in violation of his duties as set forth in Sections 24-15-9 and 24-15-10 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered.
History:
1978 Comp., § 24-15-11, enacted by Laws 1979, ch. 279, § 8.
ANNOTATIONS
Failure to stop ski lift.
— Genuine issue of material fact, precluding summary judgment, existed concerning whether, despite any alleged negligence attributable to a skier, the ski lift operator negligently failed to stop the ski lift once he became aware that the skier had just disembarked from the ski lift, was unable to move, and was in a position of peril.
Wood v. Angel Fire Ski Corp.
, 1989-NMCA-021, 108 N.M. 453, 774 P.2d 447.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of operator of skiing, tobogganing or bobsledding facilities for injury to patron or participant, 94 A.L.R.2d 1431, 95 A.L.R.3d 203.
Ski resort's liability for skier's injuries resulting from condition of ski run or slope, 55 A.L.R.4th 632.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-12 - Liability of passengers.

Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in Section 24-15-9 NMSA 1978, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
History:
1978 Comp., § 24-15-12, enacted by Laws 1979, ch. 279, § 9.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-13 - Liability of skiers.

Any skier shall be liable for loss or damages resulting from violations of the duties set forth in Section 24-15-10 NMSA 1978, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
History:
1978 Comp., § 24-15-13, enacted by Laws 1979, ch. 279, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Skier's liability for injuries to or death of another person, 75 A.L.R.5th 583.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15 - Ski Safety › Section 24-15-14 - Limitation of actions; notice of claim.

A. Unless a ski area operator is in violation of the Ski Safety Act, with respect to the skiing area and ski lifts, and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area operator by any skier or passenger or any representative of a skier or passenger. This prohibition shall not prevent the bringing of an action against a ski area operator for damages arising from injuries caused by negligent operation, maintenance or repair of the ski lift.
B. No suit or action shall be maintained against any ski area operator for injuries incurred as a result of the use of a ski lift or ski area unless the same is commenced within three years of the time of the occurrence of the injuries complained of.
History:
1978 Comp., § 24-15-14, enacted by Laws 1979, ch. 279, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of operator of skiing, tobogganing or bobsledding facilities for injury to patron or participant, 94 A.L.R.2d 1431, 95 A.L.R.3d 203.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15A - Search and Rescue › Section 24-15A-1 - Short title.

This act [24-15A-1 to 24-15A-6 NMSA 1978] may be cited as the "Search and Rescue Act".
History:
1978 Comp., § 24-15A-1, enacted by Laws 1978, ch. 107, § 1.
ANNOTATIONS
Cross references.
— For rules promulgated pursuant to the Search and Rescue Act,
see
Certification for Search and Rescue Persons, 10.24.1 NMAC.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15A - Search and Rescue › Section 24-15A-2 - Purpose of act.

It is the purpose of the Search and Rescue Act:
A. to prepare, organize and coordinate efforts of federal, state and local governmental agencies and volunteer organizations for prompt and efficient search, location, rescue, recovery, care and treatment of persons lost, entrapped or in physical danger;
B. to further coordinate national and state search and rescue agreements; and
C. to develop and administer a statewide plan for search and rescue.
History:
1978 Comp., § 24-15A-2, enacted by Laws 1978, ch. 107, § 2.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15A - Search and Rescue › Section 24-15A-3 - Definitions.

As used in the Search and Rescue Act:
A. "search and rescue" or "SAR" means the employment, coordination and utilization of available resources and personnel in locating, relieving the distress and preserving the lives of and removing survivors from the site of a disaster, emergency or hazard to a place of safety in the case of lost, stranded, entrapped or injured persons;
B. "board" means the state search and rescue review board;
C. "AFRCC" means the air force rescue coordination center, which is the federal agency responsible for coordinating federal SAR activities within the inland region pursuant to the national search and rescue plan;
D. "state SAR control agency" means the department of public safety;
E. "state SAR mission initiator" means the New Mexico state police officer so appointed and SAR trained;
F. "state SAR resource officer" means the official located within the department of public safety responsible for coordinating SAR resources and administering the state SAR plan;
G. "field coordinator" means a person certified by the board with special training and expertise responsible for the efficient organization and conduction of a SAR mission;
H. "civil air patrol" means the civil air patrol division of the department of military affairs and an air force auxiliary responsible for coordinating air searches which are authorized by the AFRCC;
I. "mission" means each separate group effort in the employment, direction and guidance of personnel and facilities in searching for and rendering aid to persons lost or in distress;
J. "chief" means the chief of the New Mexico state police division of the department of public safety; and
K. "director" means the director of the technical and emergency support division of the department of public safety.
History:
1978 Comp., § 24-15A-3, enacted by Laws 1978, ch. 107, § 3; 1979, ch. 202, § 8; 1989, ch. 204, § 16.
ANNOTATIONS
Cross references.
— For the public safety department,
see
Chapter 9, Article 19 NMSA 1978.
For the civil air patrol division,
see
Chapter 20, Article 7 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15A - Search and Rescue › Section 24-15A-4 - State search and rescue resource officer; position created.

A. The position of "state search and rescue resource officer" is created within the department of public safety.
B. The state search and rescue resource officer shall be a noncommissioned employee.
C. The state search and rescue resource officer shall be the chief administrator of the state search and rescue plan.
History:
1978 Comp., § 24-15A-3, enacted by Laws 1978, ch. 107, § 4; 1979, ch. 202, § 8; 1989, ch. 204, § 17.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15A - Search and Rescue › Section 24-15A-5 - State search and rescue resource officer; powers and duties.

The state search and rescue resource officer shall, with the approval of the director:
A. compile, maintain and disseminate an inventory of resources available in the state;
B. compile, maintain and disseminate rosters of persons, agencies and organizations available for search and rescue purposes;
C. develop a training program for the certification of search and rescue instructors and, by regulation, adopt a system of certification of search and rescue persons;
D. act as contact agent for the state in search and rescue matters;
E. develop and periodically review requirements for insurance coverage for search and rescue volunteers;
F. coordinate the training of mission initiators and field coordinators;
G. maintain records of missions at the state SAR control agency; and
H. submit to the risk management division of the general services department claims for coverage pursuant to Section 13-5-1 NMSA 1978 for damage to personal property of volunteers incurred in the course and scope of an authorized search and rescue mission.
History:
1978 Comp., § 24-15A-5, enacted by Laws 1978, ch. 107, § 5; 1979, ch. 202, § 10; 1989, ch. 204, § 18; 2019, ch. 234, § 1.
ANNOTATIONS
Cross references.
— For rules promulgated pursuant to the Search and Rescue Act,
see
Certification for Search and Rescue Persons, 10.24.1 NMAC.
The 2019 amendment,
effective July 1, 2019, required the state search and rescue officer to submit insurance claims for search and rescue volunteers' personal property damaged during the course of an authorized mission; and added Subsection H.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 15A - Search and Rescue › Section 24-15A-6 - State search and rescue review board created; membership; duties and responsibilities; terms.

A. There is created a policy advisory committee, to be known as the "state search and rescue review board", whose duty it is to evaluate the operation of the New Mexico search and rescue plan; evaluate problems of specific missions; and make findings of fact and recommendations to the chief, director and other appropriate authorities. The board shall consist of the state search and rescue resource officer, who shall be a nonvoting member, and seven members appointed by the governor as follows:
(1) the secretary of public safety or his designee;
(2) the secretary of health or his designee;
(3) a representative of the civil air patrol division of the department of military affairs;
(4) a representative of the New Mexico emergency services council;
(5) a member certified as a search and rescue person;
(6) a member of the New Mexico sheriff's association;
(7) the chief of the New Mexico state police division of the department of public safety or his designee; and
(8) a member of the general public who shall act as chairman of the board and who shall vote only in case of a tie.
B. The board shall have the duty and responsibility to:
(1) meet at least quarterly or more frequently at the call of the chairman;
(2) evaluate the operation and effectiveness of the state SAR plan and make recommendations to the director;
(3) evaluate the operational effectiveness of specific missions, make findings of fact and recommendations to the chief and other appropriate authorities for the elimination of problems and the improvement of overall conduct of the mission;
(4) hold hearings and invite individuals to appear and testify before the board and reimburse such witnesses for travel expenses incurred;
(5) prepare a report for the attorney general's office in cases of victim hospitalization or death; and
(6) with the approval of the chief, certify field coordinators and confirm certification of SAR persons.
C. The governor shall appoint the seven appointed members for staggered terms of three years each made in such a manner that the terms of not more than three members expire on January 1 of 1979, 1980 and 1981. Thereafter, appointments shall be made so that the terms of not more than three members expire on January 1 of each year. Vacancies shall be filled by appointment by the governor for the unexpired term. Any member of the board who misses more than two consecutive meetings shall automatically be removed as a member of the board.
History:
1978 Comp., § 24-15A-6, enacted by Laws 1978, ch. 107, § 6; 1979, ch. 202, § 11; 1983, ch. 296, § 28; 1989, ch. 204, § 19; 1993, ch. 15, § 1.
ANNOTATIONS
Cross references.
— For the public safety department,
see
Chapter 9, Article 19 NMSA 1978.
For the civil air patrol division,
see
Chapter 20, Article 7 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, in Subsection A, deleted "and environment" following "health" in Paragraph (2) and inserted "or his designee" in Paragraph (7).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-1 - Short title.

Chapter 24, Article 16 NMSA 1978 may be cited as the "Dee Johnson Clean Indoor Air Act".
History:
Laws 1985, ch. 85, § 1; 2007, ch. 20, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "This act" to "Chapter 24, Article 16 NMSA 1978" and changed the name of the "Clean Indoor Air Act" to the "Dee Johnson Clean Indoor Air Act".
Severability.
Laws 2007, ch. 20. § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
Banning smoking entirely in schools.
— Although the Clean Indoor Air Act (now Dee Johnson Clean Indoor Air Act) allows the use of tobacco products by adults in smoking-permitted areas of public buildings, including school buildings, owned or leased by the state or any of its political subdivisions, the state board of education or local school boards can choose to ban smoking by both adults and minors on public school campuses. 1994 Op. Att'y Gen. No. 94-03.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and application of nonsmoking regulations, 65 A.L.R.4th 1205.
Secondary smoke as battery, 46 A.L.R.5th 813.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-2 - Declaration of policy and intent; public health.

The legislature finds and declares that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a health hazard to those who are present in enclosed places and that smoking in such areas should be confined to designated smoking areas. The legislature further declares its intention to protect the public health from such hazards in public places and places of employment without imposing exorbitant costs on persons in management and control of the places subject to the [Dee Johnson] Clean Indoor Air Act. It is not the intent of the legislature to preempt the field of regulation of smoking in public from the enactment of ordinances by local governing bodies which are not inconsistent with the [Dee Johnson] Clean Indoor Air Act.
History:
Laws 1985, ch. 85, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutional law, validity, construction and application of municipal ordinances restricting smoking in restaurants, 105 A.L.R. 5th 333.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-4 - Smoking prohibited.

A. It is unlawful for a person to smoke in any indoor workplace or indoor public place or in buses, taxicabs or other means of public transit not specifically exempted pursuant to the Dee Johnson Clean Indoor Air Act.
B. No part of the state capitol or capitol north shall be designated as a smoking-permitted area.
History:
Laws 1985, ch. 85, § 4; 1999, ch. 250, § 1; 2002, ch. 2, § 1; 2007, ch. 20, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, deleted "a public place or a public meeting except in smoking permitted areas" and added the provision that prohibits smoking in any indoor workplace or indoor public place or in buses, taxicabs or other public transit not exempted pursuant to the Dee Johnson Clean Indoor Air Act.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
The 2002 amendment,
effective May 15, 2002, made a minor stylistic change in the first sentence, and in the second sentence deleted "Except for private offices and the house and senate lounges" and added "or capitol north".
The 1999 amendment,
effective June 18, 1999, added the last sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-5 - Repealed.

History:
Laws 1985, ch. 85, § 5; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-5 NMSA 1978, as enacted by Laws 1985, ch. 85, § 5, relating to smoking-permitted areas, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-6 - Repealed.

History:
Laws 1985, ch. 85, § 6; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-6 NMSA 1978, as enacted by Laws 1985, ch. 85, § 6, relating to the designation of smoking-permitted areas, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-7 - Repealed.

History:
Laws 1985, ch. 85, § 7; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-7 NMSA 1978, as enacted by Laws 1985, ch. 85, § 7, relating to smoking in places of employment, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-8 - Repealed.

History:
Laws 1985, ch. 85, § 8; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-8 NMSA 1978, as enacted by Laws 1985, ch. 85, § 8, relating to required signs in smoking-permitted areas, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-9 - Repealed.

History:
Laws 1985, ch. 85, § 9; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-9 NMSA 1978, as enacted by Laws 1985, ch. 85, § 9, relating to the person in charge of a public place or meeting, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-10 - Repealed.

History:
Laws 1985, ch. 85, § 10; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-10 NMSA 1978, as enacted by Laws 1985, ch. 85, § 10, relating to violations of the Clean Indoor Air Act, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-11 - Repealed.

History:
Laws 1985, ch. 85, § 11; repealed by Laws 2007, ch. 20, § 13.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 20, § 13 repealed 24-16-11 NMSA 1978, as enacted by Laws 1985, ch. 85, § 11, relating to penalties, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-13 - Prohibition of smoking near entrances, windows and ventilation systems.

Smoking is prohibited near entrances, windows and ventilation systems of all workplaces and public places where smoking is prohibited by the Dee Johnson Clean Indoor Air Act. An individual who owns, manages, operates or otherwise controls the use of a premises subject to the provisions of the Dee Johnson Clean Indoor Air Act shall establish a smokefree area that extends a reasonable distance from any entrances, windows and ventilation systems to any enclosed areas where smoking is prohibited. The reasonable distance shall be a distance sufficient to ensure that persons entering or leaving the building or facility shall not be subjected to breathing secondhand smoke and to ensure that secondhand smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.
History:
Laws 2007, ch. 20, § 5; 2019, ch. 128, § 3.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided that a smokefree area should extend a reasonable distance from building entrances sufficient to ensure that persons entering or leaving the building shall not be subject to secondhand smoke; and after "subjected to breathing", deleted "tobacco" and added "secondhand", and after "to ensure that", deleted "tobacco" and added "secondhand".
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-14 - Responsibilities of employers.

A. Employers shall provide that their places of employment meet the requirements of the Dee Johnson Clean Indoor Air Act.
B. An employer shall adopt, implement, post and maintain a written smoking policy pursuant to the Dee Johnson Clean Indoor Air Act.
History:
Laws 2007, ch. 20, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-15 - Posted smokefree and smoking-permitted areas.

A. To advise persons of the existence of smokefree areas or smoking-permitted areas, signs shall be posted as follows:
(1) for each indoor workplace or indoor public place where smoking is prohibited pursuant to the Dee Johnson Clean Indoor Air Act, a "NO SMOKING" sign shall be posted where it is clear, conspicuous and easily legible at each public entrance. Posting of "NO SMOKING" signs is the responsibility of the owner, operator, manager or other person having control of the indoor workplace or indoor public place; and
(2) for each indoor workplace or indoor public place where smoking is permitted pursuant to the Dee Johnson Clean Indoor Air Act, a "SMOKING PERMITTED" sign shall be posted where it is clear, conspicuous and easily legible at each public entrance, unless an owner, operator or manager chooses to prohibit smoking in all or part of an indoor workplace or indoor public place where smoking is otherwise permitted.
B. Nothing in the Dee Johnson Clean Indoor Air Act shall be construed so as to require the posting of signs at a residence, except during the hours of business operation while it is being used commercially to provide child care, adult care or health care or any combination of those activities.
History:
Laws 2007, ch. 20, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-16 - Enforcement.

A. The local fire, police or sheriff's department with appropriate jurisdiction over the location where a violation of the provisions of the Dee Johnson Clean Indoor Air Act occurs shall enforce that act by issuance of a citation.
B. A person may register a complaint regarding an alleged violation pursuant to the Dee Johnson Clean Indoor Air Act to initiate enforcement of that act with the department or the local fire, police or sheriff's department.
C. The designated enforcement agencies may inspect an establishment for compliance with the Dee Johnson Clean Indoor Air Act.
History:
Laws 2007, ch. 20, § 8.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-17 - Violations.

It is unlawful for a person who owns, manages, operates or otherwise controls the use of premises subject to regulation under the Dee Johnson Clean Indoor Air Act to violate its provisions. The owner, manager or operator of premises subject to regulation under the Dee Johnson Clean Indoor Air Act shall not be subject to a penalty if a person on the premises is in violation of the Dee Johnson Clean Indoor Air Act as long as the owner, manager or operator has posted signs, implemented the appropriate policy and informed the person that the person is in violation of the Dee Johnson Clean Indoor Air Act.
History:
Laws 2007, ch. 20, § 9.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-18 - Penalties.

A person eighteen years of age or older who violates a provision of the Dee Johnson Clean Indoor Air Act is subject to:
A. a fine not to exceed one hundred dollars ($100) for the first violation of that act;
B. a fine not to exceed two hundred dollars ($200) for the second violation of that act within any consecutive twelve-month period of the first violation; and
C. a fine not to exceed five hundred dollars ($500) for the third and each subsequent violation of that act within any consecutive twelve-month period of a previous violation.
History:
Laws 2007, ch. 20, § 10.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.