SENATE BILL 151

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Timothy M. Keller and Antonio "Moe" Maestas

AN ACT

RELATING TO HUMAN RIGHTS; ENACTING THE ESSENTIAL SERVICES ACCESS ACT; REQUIRING ALL STATE AND LOCAL AGENCIES TO PROVIDE DISASTER AND EMERGENCY SERVICES; LIMITING THE REQUEST FOR INFORMATION OR DOCUMENTATION FROM VICTIMS OR EVACUEES ONLY TO DETERMINE THEIR ELIGIBILITY FOR SERVICES UNDER STATE OR FEDERAL LAW; PROHIBITING INQUIRING INTO IMMIGRATION STATUS IN CERTAIN LOCATIONS PROVIDING ESSENTIAL SERVICES; 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 "Essential Services Access Act".

     SECTION 2. STANDARDIZED DISASTER RELIEF MANAGEMENT SYSTEM.--

          A. The secretary of homeland security and emergency management shall develop a standardized management system for state and local agencies to provide emergency and disaster relief services. The standardized management system shall ensure that victims and evacuees receive the necessary disaster-related services and emergency assistance and only impose on a victim or evacuee the burden of presenting information or documentation to determine eligibility for services under state or federal law.

          B. State and local agencies shall assist and cooperate with the secretary of homeland security and emergency management and disaster relief agencies to render all possible assistance and provide disaster-related services during a disaster.

          C. During a disaster, state and local agencies shall render all possible assistance to victims and evacuees to alleviate suffering and meet the basic needs of affected victims and evacuees and only elicit information or documentation from a victim or evacuee to determine eligibility for services under state and federal laws.

     SECTION 3. ACCESS TO EMERGENCY SERVICES--FIRST RESPONDERS LIMITED INQUIRY.--

          A. State and local agencies providing emergency services shall provide all possible assistance and services and only elicit information or documentation from a victim or evacuee to determine eligibility for services under state and federal laws.

          B. A law enforcement officer, emergency medical technician or firefighter responding to an emergency or a call for assistance shall render aid and assistance without inquiring into the immigration status of a person at the scene.

     SECTION 4. LIMITED INQUIRY IN DESIGNATED LOCATIONS.--A law enforcement officer shall not inquire into the immigration status of a person located within three hundred yards of a school or institution of higher learning, hospital or medical center or place of worship.

     SECTION 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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