reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9 - Sunset Act › Section 12-9-19 - Legislative hearing; action.

A. Prior to the termination of any agency pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978], the legislative finance committee shall hold a public hearing, receive testimony from the public and the head of the regulatory agency involved and make a recommendation to the next session of the legislature for the termination or continuance of the agency. In such hearing, the agency shall have the burden of demonstrating a public need for its continued existence and the extent to which an amendment of the agency's basic statute may increase the efficiency of the administration or operation of the agency.
B. In making its recommendation to the legislature, the legislative finance committee shall take into consideration all or applicable parts of the following:
(1) the extent to which the agency has permitted qualified applicants to serve the public;
(2) the extent to which the agency has operated in the public interest, and the extent to which its operation has been impeded or enhanced by existing statutes, procedures and practices and by budgetary, resources [resource] and personnel matters;
(3) the extent to which the agency has recommended statutory changes to the legislature which would benefit the public as opposed to the persons it regulates;
(4) the extent to which persons regulated by the agency have exercised control over the policies and actions of the agency and the extent to which the agency requires the persons it regulates to report to it concerning the impact of rules and decisions of the agency regarding improved service, economy of service and availability of service;
(5) the extent to which persons regulated by the agency have been required to assess problems in their industry which affect the public;
(6) the extent to which the agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates;
(7) the efficiency with which formal public complaints filed with the agency concerning persons subject to regulation have been processed to completion by the agency; and
(8) the extent to which changes are necessary in the enabling laws of the agency to adequately comply with the above factors.
C. The legislative finance committee shall submit legislation for continuation of the agency as an amendment to the delayed repeal section covering the creation of the agency and its related statutes.
History:
Laws 1981, ch. 241, § 9.
ANNOTATIONS
Cross references.
— For effect of repeal of repealing act,
see
12-2A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9 - Sunset Act › Section 12-9-20 - Existing claims and rights.

The Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall not cause the dismissal of any claim or right of a citizen against any agency specified therein or any claim or right of such agency terminated pursuant to that act which is subject to litigation. The claims and rights of such agency shall be assumed by the department of finance and administration. Nothing in the Sunset Act shall interfere with the legislature otherwise considering legislation on any agency mentioned therein.
History:
Laws 1981, ch. 241, § 10.
ANNOTATIONS
Cross references.
— For constitutional prohibition against ex post facto laws,
see
U.S. Const., art. I, § 10 and N.M. Const., art. II, § 19.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9 - Sunset Act › Section 12-9-21 - Inspection functions; assignment.

The governor may by executive order assign any safety or health inspection function repealed under the terms of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] to any other appropriate state department or agency within the executive department of state government.
History:
Laws 1981, ch. 241, § 11.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9 - Sunset Act › Section 12-9-22 - Regulation review.

Each agency subject to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall review its rules and regulations periodically and, as a result of that review, update its rules and regulations at least once every three years. Each agency subject to the provisions of the Sunset Act shall submit to the department of finance and administration and the legislative finance committee each year a status report on actions the agency took on its rules and regulations during the last fiscal year.
History:
Laws 1989, ch. 288, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9A - Sunrise Act › Section 12-9A-2 - Purpose.

The purpose of the Sunrise Act is to assure that an unregulated profession or occupation that is not under the authority of an existing agency and that seeks to create a new board or commission for the public health, safety or welfare complies with the provisions of the Sunrise Act.
History:
Laws 1993, ch. 257, § 2.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9A - Sunrise Act › Section 12-9A-3 - Criteria for licensure and regulation.

In determining whether to enact legislation to create a new board or commission to provide for licensure or regulation of a profession or occupation that is currently not subject to state licensure or regulation, the legislature shall consider whether the following criteria are met:
A. unregulated practice of the profession or occupation will clearly harm or endanger the health, safety or welfare of the public, and the potential for harm is easily recognizable and not remote;
B. regulation of the profession or occupation does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners or otherwise create barriers to service that are not consistent with the public welfare or interest;
C. existing protections available to the consumer are insufficient, no alternatives to regulation will adequately protect the public and this licensure or regulation will provide that protection and mitigate the problems;
D. functions and tasks of the occupation or profession are clearly defined and the occupation or profession is clearly distinguishable from others already licensed or regulated;
E. the occupation or profession requires possession of knowledge, skills and abilities that are both teachable and testable and the practitioners operate independently and make decisions of consequence;
F. the public needs and can reasonably be expected to benefit from the assurance from the state of initial and continuing professional competence; and
G. the public cannot be effectively protected by other means in a more cost-effective manner.
History:
Laws 1993, ch. 257, § 3.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9A - Sunrise Act › Section 12-9A-4 - Initial review; application fee.

Any group seeking licensure or regulation of a profession or occupation through creation of a new board or commission shall, upon payment of an application fee not to exceed one thousand dollars ($1,000), request a review and evaluation of such proposed licensure or regulation from the regulation and licensing department and the department shall conduct such a review and evaluation and provide a report to the legislative finance committee so it may conduct a hearing or consider action on the proposed licensure or regulation. In conducting a review and evaluation, the department shall consider the criteria in Section 3 [12-9A-3 NMSA 1978] of the Sunrise Act and may require and use any information listed in Section 5 [12-9A-5 NMSA 1978] of that act.
History:
Laws 1993, ch. 257, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9A - Sunrise Act › Section 12-9A-5 - Required information.

If the legislative finance committee recommends creation of a new board or commission to license or regulate a profession or occupation, the following information shall be included with its recommendation:
A. the number of individuals or businesses that would be subject to licensure or regulation;
B. the names of all appropriate professional or occupational associations and a copy of each association's code of ethics or conduct;
C. a list of states that regulate the profession or occupation together with the descriptions and dates of enactment of each state's licensing or regulatory scheme;
D. a documentation of the nature and extent of the harm to the public caused by the unregulated practice of the profession or occupation;
E. a list and description of complaints that have been lodged against practitioners of the profession or occupation in this state during the preceding three years;
F. a list and description of existing laws that affect the profession or occupation and which may protect the public;
G. a copy of any federal law mandating or necessitating licensure or regulation;
H. the reasons that other types of less restrictive regulation would not effectively protect the public;
I. the fiscal impact of the proposed licensure or regulation, including the indirect cost to consumers, and the proposed method of financing the licensure or regulation; and
J. the extent to which the proposed licensure or regulation will affect the number and distribution of members of the profession or occupation in the state.
History:
Laws 1993, ch. 257, § 5.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9A - Sunrise Act › Section 12-9A-6 - Rulemaking authority.

The regulation and licensing department may adopt and promulgate rules to implement the provisions of the Sunrise Act and assess costs among boards covered by the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
Laws 1993, ch. 257, § 6.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 9B - Emergency Powers Code › Section 12-9B-1 - Short title.

Chapter 12, Articles 10, 10A, 11 and 12 NMSA 1978 may be cited as the "Emergency Powers Code".
History:
Laws 2005, ch. 22, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 22, § 5 made Laws 2005, ch. 22, § 1 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-1 - Short title.

Sections 12-10-1 through 12-10-10 NMSA 1978 may be cited as the "All Hazard Emergency Management Act".
History:
1953 Comp., § 9-13-15, enacted by Laws 1959, ch. 190, § 1; 1973, ch. 247, § 1; 2007, ch. 291, § 9.
ANNOTATIONS
Compiler's notes.
— Following the 1978 recompilation of NMSA the scope of the State Civil Emergency Preparedness Act, as defined in this section, read "Sections 12-10-1 through 12-10-10 NMSA 1978".
Laws 2002, ch. 83, §§ 2 to 4 purported to enact three new sections of the Uniform Licensing Act in Chapter 61. These sections were reassigned to appear as 12-10-11, 12-10-12 and 12-10-13 NMSA 1978 for more logical placement. Sections 12-10-11, 12-10-12 and 12-10-13 NMSA 1978 are not part of the State Civil Emergency Preparedness Act.
Laws 2007, ch. 291, § 9 changed the name of the State Civil Emergency Preparedness Act to the All Hazard Emergency Management Act, effective July 1, 2007.
The 2007 amendment,
effective July 1, 2007, changed the statutory reference and title of the act from the "State Civil Emergency Preparedness Act" to the "All Hazard Emergency Management Act".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-2 - Purpose.

The purpose of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978] is to:
A. authorize the creation of local offices of emergency management in the political subdivisions of the state;
B. confer upon the governor and upon the governing bodies of the state all hazard emergency management powers;
C. provide an emergency operations plan for the protection of life and property adequate to cope with disasters resulting from acts of war or sabotage or from natural or man-made causes other than acts of war;
D. provide for coordination of all hazard emergency management functions of this state with the comparable functions of the federal government and other states and localities and of private agencies;
E. initiate programs to render aid in the emergency restoration of facilities, utilities and other installations essential to the safety and general welfare of the public; and
F. provide for assistance and care for persons displaced, left homeless or otherwise victims of disaster or war conditions.
History:
1953 Comp., § 9-13-16, enacted by Laws 1959, ch. 190, § 2; 1973, ch. 247, § 2; 1977, ch. 258, § 6; 1989, ch. 204, § 12; 2007, ch. 291, § 10.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the title of the act to the All Hazard Emergency Management Act and provided that the purpose of the act is emergency management.
The 1989 amendment,
effective July 1, 1989, substituted "emergency planning and coordination bureau of the department of public safety" for "civil emergency preparedness division of the office of military affairs" in Subsection A.
Division authority not dependent upon local school authorities.
— Though close cooperation with school authorities is advisable and not to be discouraged whenever the protection of pupils may be served, the duties and responsibilities of the office of civil defense (now all hazard emergency management department) are in no way dependent on or limited by those of the schools. 1970 Op. Att'y Gen. No. 70-09.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 53A Am. Jur. 2d Military, and Civil Defense § 447 et seq.
93 C.J.S. War and National Defense § 62.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-3 - Emergency planning and coordination.

The state director of homeland security and emergency management shall be responsible for carrying out the program for all hazard emergency management authorized by law and shall serve as the governor's authorized representative at the discretion of the governor. The state director shall direct and coordinate the all hazard emergency management activities of all state departments, agencies and political subdivisions and shall maintain liaison with and cooperate with all hazard emergency management agencies and organizations of other states and of the federal government.
History:
1953 Comp., § 9-13-17, enacted by Laws 1969, ch. 33, § 1; 1973, ch. 247, § 3; 1977, ch. 258, § 7; 1989, ch. 204, § 13; 2007, ch. 291, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1969, ch. 33, § 1, repealed 9-13-17, 1953 Comp., relating to the creation and administration of a state office of civil and defense mobilization, and enacted a new section.
The 2007 amendment,
effective July 1, 2007, changed the references from the "emergency planning and coordination bureau" to the "state director of homeland security and emergency management" responsible for all hazard emergency management.
The 1989 amendment,
effective July 1, 1989, substituted the present section heading for "Civil emergency preparedness division"; substituted all of the language of Subsection A beginning with "'emergency'" for "'civil emergency preparedness division' of the office of military affairs"; and in Subsection B rewrote the first sentence, which formerly read: "The adjutant general shall be the director of the civil emergency preparedness division and shall be responsible to the governor for carrying out the program for civil emergency preparedness authorized by law", and substituted "emergency planning and coordination bureau chief" for "director" in the second sentence.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-5 - Local emergency management.

The governing bodies of the political subdivisions of the state are responsible for the all hazard emergency management of their respective jurisdictions. Each political subdivision is authorized to establish, by ordinance or resolution, a local office of emergency management as an agency of the local government and responsible to the governing body, in accordance with the state emergency operations plan and program. Every local coordinator of emergency management shall be appointed by the governing body, subject to the approval of the state director of homeland security and emergency management, and the local coordinator shall have direct responsibility for carrying out the all hazard emergency management program of the political subdivision. The state director shall coordinate the emergency management activities of all local governmental departments and agencies and shall maintain liaison with and cooperate with emergency management agencies and organizations of other political subdivisions and of the state government. Each local organization shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized.
History:
1953 Comp., § 9-13-20, enacted by Laws 1959, ch. 190, § 6; 1973, ch. 247, § 5; 2007, ch. 291, § 13.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed references to the "civil emergency preparedness" to the "all hazard emergency management".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-6 - Mutual aid agreements.

Each political subdivision may, in cooperation with other public and private agencies within the state, enter into mutual aid agreements for reciprocal emergency management aid and assistance. The agreements shall be consistent with the state emergency operations plan, and in time of emergency it shall be the duty of each local emergency management organization to render assistance within its capabilities and in accordance with the provisions of the program and plan promulgated by the homeland security and emergency management department.
History:
1953 Comp., § 9-13-21, enacted Laws 1959, ch. 190, § 7; 1973, ch. 247, § 6; 1977, ch. 258, § 9; 2007, ch. 291, § 14.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, provided for mutual aid agreements for emergency management aid to be consistent with the emergency operations plan of the homeland security and emergency management department.
Division authority not dependent upon local school authorities.
— Though close cooperation with school authorities is advisable and not to be discouraged whenever the protection of pupils may be served, the duties and responsibilities of the office of civil defense (now all hazard emergency management department) are in no way dependent on or limited by those of the schools. 1970 Op. Att'y Gen. No. 70-09.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-7 - Authority to make appropriations and accept aid.

A. Each political subdivision of the state shall have the power to make appropriations in the manner prescribed by law, and subject to the limitations of the law, for the payment of expenses of emergency management.
B. Whenever the federal government or any agency or officer thereof shall offer to the state or any political subdivision thereof services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of emergency management, the state, acting through the governor, or the political subdivision, acting with the consent of the governor, may accept the offer and may authorize any officer of the state or of the political subdivision to receive the aid and assistance.
C. Whenever any private person, firm or corporation shall offer to the state or to any political subdivision thereof any aid or assistance for emergency management, the state or the political subdivision shall be authorized to accept the aid or assistance, subject to the provisions of this section.
History:
1953 Comp., § 9-13-22, enacted by Laws 1959, ch. 190, § 8; 1973, ch. 247, § 7; 2007, ch. 291, § 15.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed references to the "civil emergency preparedness" to the "all hazard emergency management".
If aid from federal government allowable, county may accept.
— This section authorizes each political subdivision of the state to make appropriations for the payment of expenses of civil and defense mobilization (now all hazard emergency management) and further authorizes the political subdivision with the consent of the governor to accept federal aid. Thus, if the aid from the federal government is allowable, a city, with the consent of the governor may accept it. 1959 Op. Att'y Gen. No. 59-143.
No separate checking account when county treasurer disbursing agent.
— Where the county treasurer is the disbursing agent for normal transactions handled by a local county civil defense agency (now all local hazard emergency management agencies), the latter may not maintain a separate checking account for public funds of such agency. 1965 Op. Att'y Gen. No. 65-51.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-8 - Civil liability; limited.

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of the person's real estate or premises for the purpose of sheltering persons during an actual or impending enemy attack or other disaster shall, together with the person's successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any person on or about the real estate or premises or for the loss of or damage to the property of such person, providing the premises have been approved either in whole or in part by the proper all hazard emergency management authorities for such purpose.
History:
1953 Comp., § 9-13-22.1, enacted by Laws 1963, ch. 193, § 1; 1973, ch. 247, § 8; 2007, ch. 291, § 16.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed references to the "civil emergency preparedness" to the "all hazard emergency management".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-9 - Existing services and facilities to be used by agency.

The governor, the homeland security and emergency management department and the governing bodies of the political subdivisions of the state are directed to use, in carrying out the provisions of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978], the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and its political subdivisions to the maximum extent practicable, and the officers and personnel of all departments, offices and agencies of the state and its political subdivisions are directed to cooperate with and extend their services and facilities to the governor or to the department or to the local coordinators of all hazard emergency management throughout the state upon request.
History:
1953 Comp., § 9-13-23, enacted by Laws 1959, ch. 190, § 9; 1973, ch. 247, § 9; 1989, ch. 204, § 15; 2007, ch. 291, § 17.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed references from the "department of public safety" to the "homeland security and emergency management department".
The 1989 amendment,
effective July 1, 1989, inserted "of the technical and emergency support division of the department of public safety" near the beginning of the section, substituted "offices" for "officers" near the middle of the section, and deleted "state" preceding "director" near the end of the section.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-10 - Enforcement of executive orders and rules.

A. It is the duty of all political subdivisions of the state and their coordinators of the all hazard emergency management programs appointed pursuant to the provisions of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978] to comply with and enforce all executive orders and rules made by the governor or under the governor's authority pursuant to law.
B. Political subdivisions shall meet all state and federal requirements before becoming eligible to participate in state and federal all hazard emergency management assistance programs. They must comply with all state and federal rules and procedures and shall be removed from participation in the assistance programs by the state director of homeland security and emergency management for failure to comply with the rules and procedures or to maintain their eligibility in accordance with prescribed requirements.
History:
1953 Comp., § 9-13-24, enacted by Laws 1959, ch. 190, § 10; 1973, ch. 247, § 10; 2007, ch. 291, § 18.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed references to the "civil emergency preparedness" to the "all hazard emergency management".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-10.1 - Short title.

Sections 12-10-11 through 12-10-13 NMSA 1978 may be cited as the "Emergency Licensing Act".
History:
Laws 2005, ch. 22, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 22, § 5 made Laws 2005, ch. 22, § 2 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-11 - Out-of-state license holders; powers; duties.

During an emergency, a person who holds a license, certificate or other permit that is issued by a state or territory of the United States and that evidences the meeting of qualifications for professional, mechanical or other skills may be credentialed, if appropriate and approved by the department of health or the homeland security and emergency management department, to render aid involving those skills to meet an emergency, subject to limitations and conditions as the governor may prescribe by executive order or otherwise. A person shall be considered a public employee for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] when approved to perform those duties.
History:
Laws 2002, ch. 83, § 2; 2007, ch. 291, § 19.
ANNOTATIONS
Compiler's notes.
— Laws 2002, ch. 83, § 2 was originally enacted as part of the Uniform Licensing Act in Chapter 61 but was reassigned to appear as this section.
Cross references.
— For definition of "emergency",
see
61-1-2 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, changed references to the "civil emergency preparedness" to the "all hazard emergency management".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-12 - Application.

The provisions of Section 12-10-11 NMSA 1978 apply to a person from any state or territory whether or not a party to the Emergency Management Assistance Compact [12-10-14, 12-10-15 NMSA 1978].
History:
Laws 2002, ch. 83, § 3; 2007, ch. 291, § 20.
ANNOTATIONS
Compiler's notes.
— Laws 2002, ch. 83, § 3 was originally enacted as part of the Uniform Licensing Act in Chapter 61 but was reassigned to appear as this section.
The 2007 amendment,
effective July 1, 2007, changed the statutory reference to Section 12-10-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-13 - In-state license holders; powers; duties.

During an emergency, a person who holds a license, certificate or other permit that is issued by the state and that evidences the meeting of qualifications for professional, mechanical or other skills may be credentialed, if appropriate and approved by the department of health or the homeland security and emergency management department, to render aid involving those skills to meet a declared emergency, and shall be considered a public employee for the purposes of the Tort Claims Act [ 41-4-1 to 41-4-27 NMSA 1978] when approved to perform those duties.
History:
Laws 2002, ch. 83, § 4; 2007, ch. 291, § 21.
ANNOTATIONS
Compiler's notes.
— Laws 2002, ch. 83, § 4 was originally enacted as part of the Uniform Licensing Act in Chapter 61 but was reassigned to appear as this section.
Cross references.
— For definition of "emergency",
see
61-1-2 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, changed references from the "department of public safety" to the "homeland security and emergency management department".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-14 - Short title.

This act [12-10-14, 12-10-15 NMSA 1978] may be cited as the "Emergency Management Assistance Compact".
History:
1978 Comp., § 11-15-1, enacted by Laws 1999, ch. 87, § 1, recompiled as § 12-10-14 by Laws 2005, ch. 22, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-16 - Short title.

This act [12-10-16 to 12-10-21 NMSA 1978] may be cited as the "Riot Control Act."
History:
1953 Comp., § 40A-20-4.1, enacted by Laws 1969, Ch. 281, § 1; 1978 Comp., § 30-20-4, recompiled as § 12-10-16 by Laws 2005, ch. 22, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes sufficiently violent, tumultuous, forceful, aggressive, or terrorizing conduct to establish crime of riot in state courts, 38 A.L.R.4th 648.
77 C.J.S. Riot; Insurrection § 25 et seq.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-17 - Proclamation of emergency.

Upon request of the mayor of a municipality or the sheriff of a county or a majority of the members of the governing body of the municipality or county having jurisdiction and after finding that a public disorder, disaster or emergency which affects life or property exists in the state, the governor may proclaim a state of emergency in the area affected. The proclamation becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media.
History:
1953 Comp., § 40A-20-4.2, enacted by Laws 1969, ch. 281, § 2; 1978 Comp., § 30-20-5, recompiled as § 12-10-17 by Laws 2005, ch. 22, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-18 - Emergency restrictions.

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;
(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;
(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;
(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;
(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;
(7) the use of certain streets or highways by the public; and
(8) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.
B. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time.
History:
1953 Comp., § 40A-20-4.3, enacted by Laws 1969, ch. 281, § 3; 1978 Comp., § 30-20-6, recompiled as § 12-10-18 by Laws 2005, ch. 22, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-19 - Termination of emergency.

Any state of emergency proclaimed under the Riot Control Act [12-10-16 to 12-10-21 NMSA 1978], along with any restrictions imposed for control of that emergency, terminates automatically at noon on the third day after it becomes effective unless sooner terminated by proclamation of the governor.
History:
1953 Comp., § 40A-20-4.4, enacted by Laws 1969, ch. 281, § 4; 1978 Comp., § 30-20-7, recompiled as § 12-10-19 by Laws 2005, ch. 22, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-20 - Penalty.

Any person who, during a state of emergency, fails to comply with restrictions imposed by proclamation of the governor under the Riot Control Act [12-10-16 to 12-10-21 NMSA 1978] is guilty of a misdemeanor, and upon conviction of a second or subsequent offense under this section is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-20-4.5, enacted by Laws 1969, ch. 281, § 5; 1978 Comp., § 30-20-8, recompiled as § 12-10-20 by Laws 2005, ch. 22, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10 - All Hazard Emergency Management › Section 12-10-21 - Governor's powers not limited.

The Riot Control Act [12-10-16 to 12-10-21 NMSA 1978] does not limit any other power to maintain the public peace and safety which is vested in the governor.
History:
1953 Comp., § 40A-20-4.6, enacted by Laws 1969, ch. 281, § 6; 1978 Comp., § 30-20-9, recompiled as § 12-10-21 by Laws 2005, ch. 22, § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-1 - Short title.

Chapter 12, Article 10A NMSA 1978 may be cited as the "Public Health Emergency Response Act".
History:
Laws 2003, ch. 218, § 1; 2007, ch. 291, § 22.
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, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-2 - Purposes of act.

The purposes of the Public Health Emergency Response Act are to:
A. provide the state of New Mexico with the ability to manage public health emergencies in a manner that protects civil rights and the liberties of individual persons;
B. prepare for a public health emergency; and
C. provide access to appropriate care, if needed, for an indefinite number of infected, exposed or endangered people in the event of a public health emergency.
History:
Laws 2003, ch. 218, § 2.
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-4 - Enhanced public health advisory.

A. The governor, after consultation with the secretary of health, may issue an enhanced public health advisory if the governor has reasonable cause to believe that a public health emergency may occur.
B. The secretary of health may use powers and duties conferred under the Public Health Act [Chapter 24, Article 1 NMSA 1978] to investigate the conditions leading to the issuance of the enhanced public health advisory.
C. The enhanced public health advisory shall be broadly disseminated in English, Spanish and other appropriate languages to the impacted population.
History:
Laws 2003, ch. 218, § 4.
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-6 - Special powers during a public health emergency.

A. In order to protect the health, safety and welfare of the people in the state during a public health emergency, the secretary of health, in coordination with the secretary of public safety and the director, may:
(1) utilize, secure or evacuate health care facilities for public use; and
(2) inspect, regulate or ration health care supplies as provided in Subsection B of this section.
B. If a public health emergency results in a statewide or regional shortage of health care supplies, the secretary of health may control, restrict and regulate the allocation, sale, dispensing or distribution of health care supplies.
C. The state medical investigator, after consultation with the secretary of health, the secretary of public safety, the director and the chair of the board of funeral services, may implement and enforce measures to provide for the safe disposal of human remains that may be reasonable and necessary to respond to a public health emergency. The measures may include special provisions for embalming, burial, cremation, interment, disinterment, transportation and disposal of human remains. To the extent possible, the religious, cultural, family and individual beliefs of a deceased person or of the family of a deceased person shall be considered when disposing of human remains.
History:
Laws 2003, ch. 218, § 6; 2012, ch. 48, § 1.
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 2012 amendment,
effective July 1, 2012, changed the name of the board of thanatopractice to the board of funeral services and in Subsection C, in the first sentence, after "chair of the board of", deleted "thanatopractice" and added "funeral services".
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 10A - Public Health Emergency Response › Section 12-10A-7 - Procedures for isolation or quarantine of persons.

A. Except as provided in Section 9 [12-10A-9 NMSA 1978] of the Public Health Emergency Response Act, before isolating or quarantining a person during a declared public health emergency, the secretary of health shall apply for and obtain a written, ex parte order from a court that authorizes the isolation or quarantine. Notice of the application for the ex parte order shall be given, unless it clearly appears from specific facts shown that immediate and irreparable injury, loss or damage will result before an affected person can be heard in opposition to the application. The evidence or testimony in support of the application may be presented or taken by telephone, facsimile transmission, video equipment or other method of electronic communication. The court shall grant the application for an ex parte order upon finding that clear and convincing evidence exists to believe isolation or quarantine is warranted to respond to the public health emergency.
B. The ex parte order shall:
(1) state the specific facts justifying isolation or quarantine;
(2) state the persons, group or class of persons affected by the ex parte order;
(3) state that the persons being isolated or quarantined have a right to a court hearing under the Public Health Emergency Response Act and a right to be represented by counsel at the hearing; and
(4) be served as soon as practicable to persons isolated or quarantined.
C. The secretary of health shall coordinate with the secretary of public safety and the director regarding execution of the ex parte order. The ex parte order shall be posted in a public and accessible place. If individual notice is not feasible, the secretary of health, the secretary of public safety and the director shall use the best means available to ensure that a person subject to the ex parte order is informed of the order and his rights.
D. A person who is isolated or quarantined may request a court hearing pursuant to Section 10 [12-10A-10 NMSA 1978] of the Public Health Emergency Response Act at any time before the expiration of the ex parte order. A person shall not be isolated or quarantined pursuant to an ex parte order for longer than five days without a court hearing to determine whether isolation or quarantine should continue.
E. The isolation or quarantine of a person shall terminate automatically on the expiration date of a court order authorizing isolation or quarantine, or before the expiration date of the court order, upon notice to the court, if the secretary of health determines that isolation or quarantine is no longer necessary to protect the public.
History:
Laws 2003, ch. 218, § 7.
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-9 - Temporary hold upon secretary's order.

A. If the secretary of health makes a finding that a delay in isolating or quarantining a person will significantly jeopardize the secretary's ability to prevent or limit the transmission of a threatening communicable disease, then the secretary of health may, by public health order, isolate or quarantine a person without first obtaining a written, ex parte order from a court.
B. Following the imposition of isolation or quarantine pursuant to Subsection A of this section, the secretary of health, within twenty-four hours of the imposition, shall apply for an ex parte order that authorizes the isolation or quarantine and shall follow the procedures and meet the standards set forth in Sections 7, 8 and 10 [12-10A-7, 12-10A-8, 12-10A-10 NMSA 1978] of the Public Health Emergency Response Act.
C. In a subsequent application to a court, the secretary of health shall present facts in support of the need to issue a temporary hold before obtaining the ex parte order from the court that authorizes the isolation or quarantine.
History:
Laws 2003, ch. 218, § 9.
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-10 - Court hearing to contest isolation or quarantine.

A. A person who is isolated or quarantined under a temporary hold, ex parte order or court order may petition the court to contest the temporary hold, ex parte order or court order at any time prior to the expiration of the temporary hold, ex parte order or court order. If a petition is filed, the court shall hold a hearing within three business days after the date of the filing. The filing of a petition for a hearing does not stay an order of isolation or quarantine. At the hearing, the secretary of health shall offer clear and convincing evidence that the isolation or quarantine is warranted to respond to a public health emergency.
B. If the secretary of health wishes to extend an order for isolation or quarantine past the period of time stated in the temporary hold, ex parte order or court order, the secretary of health shall petition the court for an extension. Notice of the hearing shall be served to every person who is isolated or quarantined at least three days prior to the hearing. If it is not feasible to provide individual notice to every person isolated or quarantined, a copy of the notice shall be posted in a public and accessible place, using the best means available to ensure that every person subject to the order is informed of the order and their rights.
C. The hearing notice shall contain:
(1) the date, time and place of the hearing;
(2) the grounds upon which continued isolation or quarantine is sought;
(3) the person's right to appear at the hearing; and
(4) the person's right to counsel, including the right, if indigent, to be represented by counsel designated by the court.
D. The court may order an extension of the isolation or quarantine if it finds, by clear and convincing evidence, that there is an imminent health threat to others if the isolation or quarantine is terminated.
E. In no case shall the isolation or quarantine continue longer than thirty days from the date of a court order, unless the secretary of health petitions the court for an extension pursuant to the standards and procedures set forth in this section.
F. Upon notice to a court by the secretary of health that the conditions warranting isolation or quarantine no longer exist, the court shall issue an order terminating the isolation or quarantine.
History:
Laws 2003, ch. 218, § 10.
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-11 - Hearing on conditions of isolation and quarantine.

A. A person who is isolated or quarantined may request a hearing in court, as provided in Section 10 [12-10A-10 NMSA 1978] of the Public Health Emergency Response Act, for remedies regarding treatment or the terms and condition of the isolation or quarantine.
B. Upon receiving a request for a hearing pursuant to this section, the court shall fix a date for a hearing within seven days of the court's receipt of the request.
C. A request for a hearing does not alter an order for isolation or quarantine. If the court finds that the isolation or quarantine of a person is not in compliance with the provisions of the Public Health Emergency Response Act, the court may fashion remedies appropriate to the circumstances of the public health emergency.
History:
Laws 2003, ch. 218, § 11.
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.