reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-12 - Medical examination and testing.

A. During a state of public health emergency, medical examinations or tests may be performed by a qualified person authorized by the secretary of health to provide medical examinations or tests.
B. The secretary of health may isolate or quarantine a person whose refusal of medical examination or testing results in uncertainty regarding whether the person has been exposed to or is infected with a threatening communicable disease or otherwise reasonably poses a danger to public health.
History:
Laws 2003, ch. 218, § 12.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 218, § 21 contained an emergency clause and was approved April 6, 2003.
Compiler's notes.
— This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-14 - Immunity.

During a state of public health emergency, the state, its political subdivisions, the governor, the secretary of health, the secretary of public safety, the director or any other state or local officials or personnel who assist during the public health emergency are liable for the death of a person, injury to a person or damage to property, only to the extent permitted in the Tort Claims Act [41-4-1 to 41-2-27 NMSA 1978], as a result of complying with the provisions of the Public Health Emergency Response Act or a rule adopted pursuant to that act.
History:
Laws 2003, ch. 218, § 14.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 218, § 21 contained an emergency clause and was approved April 6, 2003.
Compiler's notes.
— This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-15 - Compensation.

A. The state shall pay just compensation to the owner of health care supplies, a health facility or any other property that is lawfully taken or appropriated by the secretary of health, the secretary of public safety or the director for temporary or permanent use during a public health emergency. The amount of compensation due shall be calculated in the same manner as compensation due for taking of property pursuant to nonemergency eminent domain procedures, as provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]; provided that the amount of compensation calculated shall include lost revenues and expenses incurred due to the taking or appropriating of property, including a health facility.
B. The attorney general shall make a preliminary determination of whether or not compensation is due to an owner of health care supplies, a health facility or any other property. The owner may appeal the preliminary determination pursuant to rules promulgated by the attorney general. The rules shall include the owner's right to speak at the appeal and the owner's right to present facts pertinent to the appeal to a hearing officer appointed by the attorney general. A record shall be made of the hearing. The hearing officer shall preside over and take evidence at a hearing held pursuant to this section. The hearing officer shall prepare and submit to the attorney general a summary of the evidence taken at the hearing. The hearing officer shall also submit proposed findings of fact to the attorney general. The attorney general shall render a decision that sets forth the amount of compensation, if any, due to the owner. The attorney general's decision shall include findings of fact and conclusions of law.
C. A decision made by the attorney general pursuant to this section shall be subject to an appeal to the district court, pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
D. To the extent practicable and consistent with protection of public health, the attorney general, prior to the taking or appropriating of property, shall institute civil proceedings against the property to be taken or appropriated in accordance with the Eminent Domain Code, other applicable laws, court rules or rules the courts may develop during a state of public health emergency.
History:
Laws 2003, ch. 218, § 15.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 218, § 21 contained an emergency clause and was approved April 6, 2003.
Compiler's notes.
— This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-16 - Job protection for a person who is isolated or quarantined.

An employer or an agent of an employer shall not discharge from employment a person who is placed in isolation or quarantine pursuant to the provisions of the Public Health Emergency Response Act.
History:
Laws 2003, ch. 218, § 16.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 218, § 21 contained an emergency clause and was approved April 6, 2003.
Compiler's notes.
— This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-17 - Rulemaking.

The secretary of public safety, the secretary of health, the state director and, where appropriate, other affected state agencies in consultation with the secretaries and state director, shall promulgate and implement rules that are reasonable and necessary to implement and effectuate the Public Health Emergency Response Act.
History:
Laws 2003, ch. 218, § 17; 2007, ch. 291, § 24.
ANNOTATIONS
Compiler's notes.
— This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
The 2007 amendment,
effective July 1, 2007, defined director as the state director of homeland security.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-18 - Memorandum of understanding; Indian pueblos or tribal entities.

The secretary of public safety, the secretary of health, the director and, when appropriate, other state agencies in consultation with the secretary of health and the secretary of public safety, may enter into a memorandum of understanding with an Indian pueblo or tribal entity within the state of New Mexico in order to effectuate the purposes, procedures and standards set forth in the Public Health Emergency Response Act.
History:
Laws 2003, ch. 218, § 18.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 218, § 21 contained an emergency clause and was approved April 6, 2003.
Compiler's notes.
— This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-1 - Short title.

This act [12-10B-1 to 12-10B-10 NMSA 1978] may be cited as the "Intrastate Mutual Aid Act".
History:
Laws 2006, ch. 97, § 1.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-2 - Definitions.

As used in the Intrastate Mutual Aid Act:
A. "committee" means the intrastate mutual aid committee;
B. "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from a natural or artificial cause, including tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, accidents involving radioactive or hazardous materials, bioterrorism or incidents involving weapons of mass destruction;
C. "emergency" means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize;
D. "member jurisdiction" means the state, through the office of the governor or the governor's designee, a political subdivision or an Indian nation, tribe or pueblo that participates in the system;
E. "political subdivision" means a county or a municipality; and
F. "system" means the intrastate mutual aid system.
History:
Laws 2006, ch. 97, § 2.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-3 - Committee created; membership; meetings; duties; expenses.

A. The "intrastate mutual aid committee" is created. The committee shall consist of eleven members appointed by the governor, including a representative of the department of public safety and the governor's homeland security advisor who shall be a permanent member and the presiding officer of the committee. The members shall represent emergency management and response disciplines, political subdivisions and, if participating, Indian nations, tribes or pueblos. Appointments shall be made for terms expiring four years from the date of appointment. The committee shall elect from among its members a vice-presiding officer and any other officers the committee deems appropriate. The committee shall meet at least annually and may meet at the call of the presiding officer or as otherwise called by seven of its members. The committee shall be attached to the department of public safety for administrative purposes only.
B. The committee shall:
(1) review the progress and status of intrastate mutual aid;
(2) assist in developing methods to track and evaluate activation of the system;
(3) examine issues facing member jurisdictions in the implementation of intrastate mutual aid;
(4) develop, adopt and disseminate comprehensive guidelines and procedures that address the following:
(a) projected or anticipated costs of establishing and maintaining the system;
(b) checklists for requesting and providing intrastate mutual aid;
(c) record keeping for member jurisdictions; and
(d) procedures for reimbursing the actual and legitimate expenses of a member jurisdiction that responds to a request for aid through the system; and
(5) adopt other guidelines or procedures considered necessary by the committee to implement an effective and efficient system.
C. Members of the committee shall not be paid for participating in committee meetings and activities; however:
(1) members representing the state, its agencies or political subdivisions shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] paid by their sponsors;
(2) members representing the private sector shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act paid by the department of public safety; and
(3) members representing Indian nations, tribes or pueblos may be compensated or reimbursed as provided by the tribal government they represent.
History:
Laws 2006, ch. 97, § 3.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-4 - Intrastate mutual aid system; initial participation; withdrawal.

A. The "intrastate mutual aid system" is created. The system, pursuant to the Intrastate Mutual Aid Act, is composed of and may be described as:
(1) member jurisdictions and action taken by a member jurisdiction;
(2) the committee and action taken by the committee;
(3) guidelines and procedures;
(4) action taken with respect to requesting aid for an emergency or disaster; and
(5) action taken with respect to responding to a request for aid for an emergency or disaster.
B. The state and, except as provided in Subsection D of this section, every political subdivision of the state is part of the system.
C. An Indian nation, tribe or pueblo located within the boundaries of the state may become a member jurisdiction upon:
(1) adoption by the tribal government of a resolution declaring the tribe's desire to be a member jurisdiction and to comply with the provisions of the Intrastate Mutual Aid Act and the guidelines and procedures adopted by the committee; and
(2) receipt by the emergency planning and coordination bureau of the department of public safety of a copy of the resolution.
D. A member jurisdiction other than the state may elect not to participate in or to withdraw from the system upon:
(1) adopting a resolution or ordinance declaring that the member jurisdiction elects not to participate in or to withdraw from the system; and
(2) receipt by the emergency planning and coordination bureau of the department of public safety of a copy of the resolution or ordinance.
E. This section does not preclude a member jurisdiction from entering into any other agreement with another political subdivision or Indian nation, tribe or pueblo, to the extent provided by law, and does not affect any other agreement to which a political subdivision is a party or may become a party.
History:
Laws 2006, ch. 97, § 4.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-5 - Request for aid.

A. A member jurisdiction may request aid from another member jurisdiction:
(1) to prevent, mitigate, respond to or recover from an emergency or disaster; or
(2) in concert with drills or exercises between member jurisdictions.
B. A request for aid shall be made by or through the presiding officer of the governing body of a member jurisdiction or the chief executive officer or the officer's designee of a member jurisdiction. A request may be verbal or in writing. If the request is verbal, it shall be confirmed in writing within thirty days of the date on which the request was made.
History:
Laws 2006, ch. 97, § 5.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-6 - Limitation on aid; command and control.

A member jurisdiction that responds to a request to provide aid to prevent, mitigate, respond to or recover from an emergency or disaster or in drills or exercises is subject to the following conditions:
A. a member jurisdiction that responds to a request for aid may withhold resources to the extent necessary to provide reasonable protection and services for that responding member jurisdiction;
B. the personnel of a responding member jurisdiction are under:
(1) the command and control of the responding member jurisdiction for purposes that include medical protocols, standard operating procedures and other protocols; and
(2) the operational control of the appropriate officials of the member jurisdiction receiving aid; and
C. the assets and equipment of a responding member jurisdiction are under:
(1) the command and control of the responding member jurisdiction; and
(2) the operational control of the appropriate officials of the member jurisdiction receiving aid.
History:
Laws 2006, ch. 97, § 6.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-7 - Portability of bona fides.

If a person holds a license, certificate, permit or similar documentation that evidences the person's qualifications in a professional, mechanical or other skill and the aid of the person is requested by a member jurisdiction, the person is:
A. considered to be licensed, certified, permitted or otherwise documented in the member jurisdiction that requests aid for the duration of the emergency or disaster or of the drills or exercises; and
B. subject to legal limitations or conditions prescribed by the governing body or chief executive officer of the member jurisdiction that requests aid.
History:
Laws 2006, ch. 97, § 7.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-8 - Reimbursement; dispute resolution.

A. A requesting member jurisdiction shall reimburse, to the extent permitted by law, each member jurisdiction that responds to a request for aid and renders aid under the system, unless the responding member jurisdiction donates all or a portion of the cost of the aid to the requesting member jurisdiction.
B. A request for reimbursement shall be in accordance with procedures developed by the committee.
C. If a dispute regarding reimbursement arises between a member jurisdiction that requested aid under the system and a member jurisdiction that provided aid under the system, they shall make every effort to resolve the dispute within thirty days of written notice of the dispute given by the member jurisdiction raising the dispute to the other member jurisdiction. If the dispute is not resolved within ninety days from the date of the written notice, either member jurisdiction may:
(1) request the department of finance and administration to resolve the dispute; or
(2) if one of the disputing member jurisdictions is an Indian nation, tribe or pueblo, request arbitration pursuant to the commercial arbitration rules and mediation procedures of the American arbitration association.
History:
Laws 2006, ch. 97, § 8.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-9 - Benefits.

A. If a person is an employee of a member jurisdiction that responds to a request for aid under the system and the person sustains injury in the course of providing the requested aid, the person is entitled to all applicable benefits, including workers' compensation benefits, that are normally available to the person as an employee of the member jurisdiction that employs the person.
B. If a person described in Subsection A of this section sustains injury that results in death, the person's estate shall receive additional state and federal benefits that may be available for death in the line of duty.
History:
Laws 2006, ch. 97, § 9.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10B - Intrastate Mutual Aid › Section 12-10B-10 - Liability.

Except as provided in Section 9 [12-10B-9 NMSA 1978] of the Intrastate Mutual Aid Act, a person responding to a request for aid by a member jurisdiction and who is under the operational control of that member jurisdiction, as provided in Section 6 [12-10B-6 NMSA 1978] of the Intrastate Mutual Aid Act, is considered for the purposes of liability to be an employee of the requesting member jurisdiction.
History:
Laws 2006, ch. 97, § 10.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 97, § 11 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10C - Volunteer Emergency Responder Job Protection › Section 12-10C-1 - Short title.

This act [12-10C-1 to 12-10C-4 NMSA 1978] may be cited as the "Volunteer Emergency Responder Job Protection Act".
History:
Laws 2006, ch. 98, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 98 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10C - Volunteer Emergency Responder Job Protection › Section 12-10C-2 - Definitions.

As used in the Volunteer Emergency Responder Job Protection Act:
A. "emergency or disaster" means an event so declared by the governor or president of the United States; and
B. "volunteer emergency responder" means a person who is a member in good standing of a volunteer fire department, an emergency medical service, a search and rescue team or a law enforcement agency or who is enrolled by the state or a political subdivision of the state for response to an emergency or disaster.
History:
Laws 2006, ch. 98, § 2.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 98 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10C - Volunteer Emergency Responder Job Protection › Section 12-10C-3 - Termination of employment of volunteer emergency responder prohibited; limitation; notice; certification; withholding pay.

A. An employee shall not be terminated, demoted or in any other manner discriminated against in the terms and conditions of employment because the employee, when serving as a volunteer emergency responder, is absent from the employee's place of employment in order to respond to an emergency or disaster.
B. Subsection A of this section shall not apply if the employee, while acting as a volunteer emergency responder to an emergency or disaster, is absent from the employee's place of employment for a period of more than ten regular business days in a calendar year.
C. An employee who will be absent from the employee's place of employment while serving as a volunteer emergency responder to an emergency or disaster shall make reasonable efforts to notify the employer of that service and shall continue to make those reasonable notification efforts over the course of the absence.
D. An employer may request an employee to provide to the employer a written verification from the office of emergency management or a state or local official managing an emergency or disaster of the dates and time that the employee served as a volunteer emergency responder to an emergency or disaster.
E. An employer may charge against an employee's regular pay time that the employee is absent from employment while serving as a volunteer emergency responder to an emergency or disaster.
History:
Laws 2006, ch. 98, § 3.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 98 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10C - Volunteer Emergency Responder Job Protection › Section 12-10C-4 - Cause of action.

In addition to other available remedies, an employee who has been terminated, demoted or in any other manner discriminated against in the terms and conditions of employment in violation of the Volunteer Emergency Responder Job Protection Act may bring a cause of action seeking reinstatement of the employee's former position, payment of back wages, reinstatement of fringe benefits or, where seniority rights are granted, reinstatement of seniority rights; provided that an action for violation of the Volunteer Emergency Responder Job Protection Act shall be brought within one year from the date of the violation.
History:
Laws 2006, ch. 98, § 4.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 98 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10D - Emergency Communications Interoperability › Section 12-10D-1 - Short title.

This act [12-10D-1 to 12-10D-6 NMA 1978] may be cited as the "Emergency Communications Interoperability Act".
History:
Laws 2009, ch. 111, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10D - Emergency Communications Interoperability › Section 12-10D-2 - Definitions.

As used in the Emergency Communications Interoperability Act:
A. "department" means the homeland security and emergency management department;
B. "first responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency, including but not limited to:
(1) a law enforcement officer;
(2) a firefighter or certified volunteer firefighter; and
(3) an emergency medical services provider;
C. "infrastructure equipment" means the underlying fixed equipment required to establish interoperable communications between radio systems used by local, state, tribal and federal agencies and first responders; and
D. "interoperability" means coordination of critical information communication systems or networks, including radio and emergency coordination information equipment, that are consistently operable with all relevant local, state, tribal and federal agencies and first responders.
History:
Laws 2009, ch. 111, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10D - Emergency Communications Interoperability › Section 12-10D-3 - Interoperability planning commission; created.

A. The "interoperability planning commission" is created and administratively attached to the department.
B. The interoperability planning commission is a permanent advisory commission created to advise and support the department on emergency response and homeland security activities relating to interoperability, the obtaining of funding and the use of available funding.
C. The commission consists of twelve members, including:
(1) the lieutenant governor;
(2) the homeland security advisor;
(3) the secretary of information technology or the secretary's designee;
(4) the adjutant general or a representative from the department of military affairs;
(5) the secretary of energy, minerals and natural resources or the secretary's designee;
(6) the state fire marshal or the fire marshal's designee;
(7) the secretary of Indian affairs or the secretary's designee;
(8) the secretary of transportation or the secretary's designee;
(9) the secretary of health or the secretary's designee;
(10) the secretary of public safety or the secretary's designee;
(11) the executive director of the New Mexico municipal league or the executive director's designee; and
(12) the executive director of the New Mexico association of counties or the executive director's designee.
D. The commission shall appoint a chair and vice chair from among its members. The commission shall meet at the call of the chair but no less than two times each year.
E. Members of the commission, or their designees, who are not supported by public money may be reimbursed for per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall not receive any other compensation, perquisite or allowance.
History:
Laws 2009, ch. 111, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10D - Emergency Communications Interoperability › Section 12-10D-4 - Interoperability planning commission; duties.

The interoperability planning commission shall advise the department on:
A. the development and coordination of a statewide interoperable emergency communications plan in compliance with national incident management system guidelines, including an integrated public safety radio communications system and other coordinated critical information systems, to achieve interoperability within and between local, state, tribal and federal agencies and first responders;
B. implementation of the interoperable emergency communications plan by state and local agencies and shall provide specific directions for methods by which agencies shall implement those strategies;
C. priorities relating to the interoperable emergency communications plan; and
D. other matters relating to planning, development, coordination, promotion and implementation of the interoperable emergency communications plan.
History:
Laws 2009, ch. 111, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10D - Emergency Communications Interoperability › Section 12-10D-5 - Interoperability; department.

The department shall:
A. establish, implement and administer a statewide interoperable emergency communications plan and standards for a statewide integrated public safety radio communications system;
B. train representatives of entities in the state that are involved in emergency response and homeland security activities with respect to interoperability;
C. require that all radio communications at emergency incidents adhere to the national incident management system guidelines established by the federal department of homeland security and statewide integrated public safety radio communications standards;
D. use appropriated money, including money from relevant federal homeland security grants, for the purposes of designing and promulgating systems compliant with the standards established under Subsection A of this section and to enable the implementation and maintenance of a statewide interoperable public safety radio communications system; and
E. report annually to the appropriate interim legislative committee.
History:
Laws 2009, ch. 111, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10D - Emergency Communications Interoperability › Section 12-10D-6 - Interoperability; agency compliance.

All state and local agency budgets and plans to purchase infrastructure equipment shall conform to the interoperability standards developed by the department.
History:
Laws 2009, ch. 111, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-1 - Short title.

This act [12-11-1 to 12-11-10 NMSA 1978] may be cited as the "Disaster Succession Act."
History:
1953 Comp., § 4-18-1, enacted by Laws 1959, ch. 137, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees §§ 135 to 137.
67 C.J.S. Officers and Public Employees §§ 74 to 79.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-2 - Declaration of policy.

The legislature declares that the possibility of an enemy attack of unprecedented destructiveness made possible by recent technological developments, and which may result in the death or inabiilty [inability] to act on the part of a large number of the officers of the executive and judicial branches of state and local government, make it necessary to assure the continuity and effective operation of the executive and judicial offices of state and local government by providing for advance naming of officers to fill temporarily vacancies in certain offices, and that it is the legislative intent to provide that continuity in the Disaster Succession Act [12-11-1 to 12-11-10 NMSA 1978].
History:
1953 Comp., § 4-18-2, enacted by Laws 1959, ch. 137, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For the State Civil Emergency Preparedness Act,
see
12-10-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-3 - Definitions.

As used in the Disaster Succession Act [12-11-1 to 12-11-10 NMSA 1978]:
A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States;
B. "disaster" means damage or injury, caused by enemy attack, to persons or property in this state of such magnitude that a state of martial law is declared in the state and a disaster emergency is declared by the chief executive officer of the United States and the chief executive officer of this state;
C. "unavailable" means unable, because of death, disability or presumption of death raised by absence from usual place of domicile for unknown causes, to exercise the powers and discharge the duties of the office. The appearance of the officer at his place of office will automatically disqualify a disaster successor, and remove the unavailability of the officer;
D. "deputy" means a deputy, assistant or subordinate officer who is authorized under ordinary circumstances to exercise the powers and duties of an office;
E. "disaster successor" means a person possessing the qualifications required at [of] the office, designated pursuant to the Disaster Succession Act to act in the stead of an officer who is unavailable during the period of a disaster.
History:
1953 Comp., § 4-18-3, enacted by Laws 1959, ch. 137, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-4 - Disaster successors to the governor.

If the governor and all of his constitutional successors are unavailable, the holders of the following offices shall be the disaster successors in the order named:
A. the attorney general;
B. the state auditor;
C. the commissioner of public lands;
D. the state treasurer.
History:
1953 Comp., § 4-18-4, enacted by Laws 1959, ch. 137, § 4.
ANNOTATIONS
Cross references.
— For constitutional successors to governor,
see
N.M. Const., art. V, § 7.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States §§ 87 to 90.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-5 - Disaster successors to other state executive offices.

The governor shall, pursuant to his constitutional powers to appoint officers, whose appointment is not otherwise provided for, designate three disaster successors to each state executive office and specify their order of succession.
History:
1953 Comp., § 4-18-5, enacted by Laws 1959, ch. 137, § 5.
ANNOTATIONS
Cross references.
— For governor's appointive power generally,
see
N.M. Const., art. V, § 5.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-6 - Disaster successors to local offices.

Officers of political subdivisions who have authority to fill vacancies in local offices shall designate three disaster successors to the powers and duties of each such office and specify their order of succession.
History:
1953 Comp., § 4-18-6, enacted by Laws 1959, ch. 137, § 6.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-7 - [Disaster successors for members of supreme court and judges of district courts.]

The governor shall designate for each member of the supreme court and each judge of the district court three disaster successors and specify their order of succession.
History:
1953 Comp., § 4-18-7, enacted by Laws 1959, ch. 137, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-8 - Formalities of taking office.

Disaster successors shall prior to assumption of the duties and powers of the position take such oath as is required by law, and shall as soon as possible thereafter comply with any other provision of law relative to the formalities of taking office, provided that their inability due to existing circumstances to comply with such other formalities shall not prevent their acting until the formalities can be had.
History:
1953 Comp., § 4-18-8, enacted by Laws 1959, ch. 137, § 8.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-9 - Period during which disaster successors may act.

Disaster successors may act in the office to which appointed only:
A. in case of a disaster declared by the chief executive officer of the United States, and the chief executive officer of the state, and as long as a state of martial law is declared to exist or until a duly elected or appointed legislature, fulfilling all constitutional requirements, declares by joint resolution that the disaster emergency period has ended; and
B. the officer or authorized deputy in whose stead they are acting is unavailable; and
C. any disaster successors who are ahead of them in the line of succession to the office are unavailable; and
D. a successor to the office has not been selected and qualified as provided by law, other than the Disaster Succession Act [12-11-1 to 12-11-10 NMSA 1978].
History:
1953 Comp., § 4-18-9, enacted by Laws 1959, ch. 137, § 9.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 1 - DISASTER SUCCESSION ACT › Section 12-11-10 - Filing; notice.

Each appointing power, designating disaster successors for state officers shall file the designations and any changes thereto with the secretary of state. Each appointing power designating disaster successors for district, county, municipal or precinct or other local offices shall file the designations with the county clerk of the county in which the office is located. The designation or change shall be effective when so filed. The appointing power shall also notify the designee of his designation and the order and designation of all other alternates to the office.
History:
1953 Comp., § 4-18-10, enacted by Laws 1959, ch. 137, § 10.
ANNOTATIONS
Severability.
— Laws 1959, ch. 137, § 11, provided for the severability of the act if any part or application thereof was held invalid.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-11 - Short title.

This act [12-11-11 to 12-11-18 NMSA 1978] may be cited as the "Legislative Disaster Succession Act."
History:
1953 Comp., § 4-19-1, enacted by Laws 1959, ch. 138, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-12 - Declaration of policy.

The legislature declares that the possibility of an enemy attack of unprecedented destructiveness made possible by recent technological developments, and which may result in the death or inability to act on the part of a large number of the membership of the legislature make [makes] it necessary to assure the continuity and effective operation of the legislature by providing for emergency advance naming of persons to temporarily fill vacancies in the legislature, and that it is the legislative intent to provide that continuity in the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978].
History:
1953 Comp., § 4-19-2, enacted by Laws 1959, ch. 138, § 2.
ANNOTATIONS
Cross references.
— For the State Civil Emergency Preparedness Act,
see
12-10-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-13 - Definitions.

As used in the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978]:
A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States;
B. "disaster" means the damage or injury, caused by enemy attack, to persons or property in this state of such magnitude that a state of martial law is declared to exist in this state, and a disaster emergency is declared by the chief executive officer of the United States and the chief executive officer of this state;
C. "unavailable" means unable because of death, disability or presumption of death raised by absence from usual place of domicile for unknown causes, to exercise the powers and discharge the duties of a member of the legislature. The appearance of the member at a session will automatically disqualify a disaster successor, and remove the unavailability of the member;
D. "disaster successor" means a person possessing the qualifications required of a member, designated pursuant to the Legislative Disaster Succession Act, to act for a member who is unavailable during the period of disaster emergency.
History:
1953 Comp., § 4-19-3, enacted by Laws 1959, ch. 138, § 3.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-14 - Designation of disaster successors to legislators.

The county commission of each county shall designate five disaster successors for each legislator elected or appointed from that county, and specify their order of succession. The commission shall have the power to change designations at will. The designation of disaster successors shall not affect the powers of the commission to fill vacancies.
History:
1953 Comp., § 4-19-4, enacted by Laws 1959, ch. 138, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 72 Am. Jur. 2d States, Territories and Dependencies § 44.
81A C.J.S. States § 43.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-15 - Filing designations.

The county commission shall file with the secretary of state and the county clerk, its designations of disaster successors for legislators, and any subsequent changes, and shall notify the designees of their designation and the order and designation of all alternates to the office. Designations shall be effective when filed with the secretary of state.
History:
1953 Comp., § 4-19-5, enacted by Laws 1959, ch. 138, § 5.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-16 - Oath of office; assumption of office.

Disaster successors shall take such oath as is required by law prior to assumption of the duties and powers of the position, and serve as legislators subject to the provisions of the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978].
History:
1953 Comp., § 4-19-6, enacted by Laws 1959, ch. 138, § 6.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-17 - Quorum and vote requirements.

During the period of a disaster emergency, the quorum requirements for convening the legislature shall be one-third of the members, and all special or regular majorities shall be based on members present. Provided further that legislative action taken without the requisite members present, or without the majority required under the constitution shall be effective only for the period of the disaster.
History:
1953 Comp., § 4-19-7, enacted by Laws 1959, ch. 138, § 7.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 2 - LEGISLATIVE DISASTER SUCCESSION ACT › Section 12-11-18 - Period during which disaster successors may act.

Disaster successors may act as members of the legislature only:
A. in case of a disaster emergency declared by the chief executive officer of the United States and the chief executive officer of the state, and as long as a state of martial law is declared to exist, or until a duly elected or appointed legislature, fulfilling all constitutional requirements, declares by joint resolution that the disaster emergency period has ended; and
B. the member in whose stead they are acting is and remains unavailable; and
C. any disaster successor [successors] who are ahead of them in the line of succession are, and remain unavailable; and
D. a successor to the office has not been selected and qualified as provided by law other than the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978].
History:
1953 Comp., § 4-19-8, enacted by Laws 1959, ch. 138, § 8.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-19 - Short title.

This act [12-11-19 to 12-11-22 NMSA 1978] may be cited as the "Disaster Location Act."
History:
1953 Comp., § 4-21-1, enacted by Laws 1961, ch. 19, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 11 - Disaster Acts › Part 3 - DISASTER LOCATION ACT › Section 12-11-20 - Definitions.

As used in this act [12-11-19 to 12-11-22 NMSA 1978]:
A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States; and
B. "disaster" means the damage or injury, caused by enemy attack, to persons or property in this state of such magnitude that a state of martial law is declared to exist in this state and a disaster emergency is declared by the chief executive officer of the United States and the chief executive officer of this state.
History:
1953 Comp., § 4-21-2, enacted by Laws 1961, ch. 19, § 2.