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AN ACT

RELATING TO EMERGENCY MANAGEMENT; ESTABLISHING AN INTRASTATE

MUTUAL AID SYSTEM TO SUPPORT REQUESTING AID FOR AND RESPONDING

TO LOCAL EMERGENCIES AND DISASTERS; ALLOWING A MEMBER

JURISDICTION TO WITHDRAW FROM PARTICIPATING IN THE INTRASTATE

MUTUAL AID SYSTEM; CREATING THE INTRASTATE MUTUAL AID

COMMITTEE AND DESCRIBING ITS MEMBERSHIP, DUTIES AND AUTHORITY;

ALLOWING INDIAN NATIONS, TRIBES AND PUEBLOS TO PARTICIPATE IN

THE INTRASTATE MUTUAL AID SYSTEM; PROVIDING FOR ADMINISTRATION

OF THE INTRASTATE MUTUAL AID SYSTEM; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the

"Intrastate Mutual Aid Act".

Section 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,

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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.

Section 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,

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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

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(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

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.

Section 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

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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:

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(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.

Section 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

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was made.

Section 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

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aid.

Section 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.

Section 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

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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.

Section 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.

Section 10. LIABILITY.--

Except as provided in Section 9 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 of the

Intrastate Mutual Aid Act, is considered for the purposes of

liability to be an employee of the requesting member

jurisdiction.

Section 11. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately. HB 219

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