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F I S C A L I M P A C T R E P O R T

SPONSOR Heaton

ORIGINAL DATE

LAST UPDATED

1/25/2006

2/6/2006 HB 219/aHJC

SHORT TITLE Interstate Mutual Aid Act

SB

ANALYST McOlash

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY06

FY07

FY08 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

$0.1

$0.2 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Environment Department (NMED)

Department of Military Affairs (DMA)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee (HJC) amendment to HB 251 removes the provision for gov-

ernmental immunity from liability by striking Section 10, B.

Synopsis of Original Bill

House Bill 219 creates the Intrastate Mutual Aid Act (IMAA) with an Intrastate Mutual Aid

Committee (IMAC). The Intrastate Mutual Aid System is designed as an in-state mechanism to

facilitate aid and provide assistance to “member jurisdictions” in New Mexico. The IMAC will

adapt guidelines or procedures for evaluation, standardization, maintenance of records, and re-

sponses to in-state emergencies or disasters.

The bill has an emergency clause.

SIGNIFICANT ISSUES

House Bill 219 provides a number of definitions including:

1.

Disaster means the occurrence or imminent threat of widespread or severe

Damage, injury or loss of life or property resulting from natural or

House Bill 219/aHJC – Page 2

Artificial causes, including:

a.

tornados m. air or water contamination

b.

windstorms n. blight

c.

snowstorms o. droughts

d.

wind-driven water p. infestations

e.

high water q. riots

f.

floods r. sabotage

g.

earthquakes s. hostile military or paramilitary action

h.

landslides t. disruption of state services

i.

mudslides u. hazard materials accidents

j.

volcanic action v. bioterrorism

k.

fires w. incidents involving weapons of mass

l.

explosions destruction

2.

An emergency means the imminent threat of a disaster causing immediate peril to life

or property that timely action can avert or minimize.

3.

Member jurisdiction means the State through the Office of the Governor, a political

subdivision or an Indian nation, tribe or pueblo that participate in the system

The DMA recommends that Intrastate mutual should be within the proper province and jurisdic-

tion of the Office of Homeland Security, not a stand-alone committee.

.

PERFORMANCE IMPLICATIONS

DMA - could well be duplicative of the Bureau of Emergency Planning and Coordination of the

Department of Public Safety.

ADMINISTRATIVE IMPLICATIONS

DMA - inherent administrative implications overall with existing levels of state and local gov-

ernment, thereby potentially increasing the cost of record keeping.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP:

DMA – an Intrastate Mutual Aid system should involve the Department of Homeland Security

the Department of Public Safety that already addresses these issues, along with of the State Civil

Emergency Preparedness Act and the Office of the Governor.

TECHNICAL ISSUES:

DMA - could impact on the prerogatives of the Governor to direct, organize and respond to

emergency or disaster operations, that otherwise already exists as per Section 12-10-4 NMSA

1978. Much of what is contemplated by the Intrastate Mutual Aid Act already statutorily exists in

the State Civil Emergency Preparedness Act, Section 12-10-1, et seq., NMSA 1978, and there-

fore there is a legitimate question of what the Act would do that is not already being done by the

State Civil Emergenc

y Preparedness Act.

BMC/mt:yr