Chapter 12 — Chapter 12

The Emergency Management Assistance Compact [12-10-14 and 12-10-15 1978] is enacted into law and entered into with all other jurisdictions legally joining therein in accordance with its terms, in a form substantially as follows: "EMERGENCY MANAGEMENT ASSISTANCE COMPACT ARTICLE 1 …

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.

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…

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 numb…

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 …

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 …

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…

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 …

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 direct…

governor. A. The governor shall have general direction and control of the activities of the homeland security and emergency management department and shall be responsible for carrying out the provisions of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978] an…

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 …

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 tim…

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 ther…

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…

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…

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.

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 peti…

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 …

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 medica…

A. During a state of public health emergency, a qualified person authorized by the secretary of health may vaccinate persons to prevent infection by a threatening communicable disease and to protect against the spread of that disease. B. To protect against the spread of a threate…

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 th…

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 …

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.

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 effec…

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 triba…

A. The secretary of health, the secretary of public safety or the director may enforce the provisions of the Public Health Emergency Response Act by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act. A civil administrat…

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…

As used in the Public Health Emergency Response Act: A. "attorney general" means the New Mexico attorney general; B. "court" means the district court for the judicial district where a public health emergency is occurring, the district court for Santa Fe county or, in the event th…

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…

the emergency. A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authori…

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…

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…

isolated or quarantined. A. The secretary of health may isolate or quarantine a person as necessary during a public health emergency, using the procedures set forth in the Public Health Emergency Response Act. B. The secretary of health, the secretary of public safety, the direct…

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 or…

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.

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 Intr…

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 tor…

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 t…

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…

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 …

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 res…

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, certifie…

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 requ…

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, tha…

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.

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 dep…

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, …

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 re…

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.

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 n…