44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EMERGENCY RELIEF; DEFINING RESOURCES AND SERVICES THAT MAY BE PROVIDED BY THE STATE AFTER THE DECLARATION OF A DISASTER OR EMERGENCY.

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

Section 1. Section 6-7-3 NMSA 1978 (being Laws 1955, Chapter 185, Section 3, as amended) is amended to read:

"6-7-3. EXPENDITURE OF FUNDS--MANNER.--The [moneys] money appropriated by Sections [11-7-1 and 11-7-2 NMSA 1953] 6-7-1 and 6-7-2 NMSA 1978 shall be expended for disaster relief for any disaster declared by the governor to be of such magnitude as to be beyond local control and requiring the resources of the state. [Such] The funds shall be expended by the governor or any agent or agency designated by him for [such] those purposes, either as a state project or for securing matching federal funds. [Said moneys] The money shall be paid out upon warrants drawn by the secretary of finance and administration upon vouchers approved by the governor or [such] an agent or agency designated by him for [such] that purpose. As used in this section, "state project" means an expenditure by a state agency to provide those resources and services necessary to avoid or minimize economic or physical harm to a region and its citizens until a situation becomes stabilized and again under local self-support and control. "State project" may include any expenditure on a temporary, emergency basis for lodging, health care, food, any transportation or shipping necessary to protect lives or property; or for any other action necessary to protect the public health, safety and welfare."

Section 2. Section 12-10-4 NMSA 1978 (being Laws 1959, Chapter 190, Section 5, as amended) is amended to read:

"12-10-4. CIVIL EMERGENCY PREPAREDNESS--POWERS OF THE GOVERNOR.--

A. The governor shall have general direction and control of the activities of the emergency planning and coordination bureau and shall be responsible for carrying out the provisions of the State Civil Emergency Preparedness Act and, in the event of [disaster beyond local control] any man-made or natural disaster causing or threatening widespread physical or economic harm to a region and its citizens that is beyond local control and requiring the resources of the state shall exercise direction and control over any and all state forces and resources engaged in emergency operations or related civil emergency preparedness functions within the state.

B. In carrying out the provisions of the State Civil Emergency Preparedness Act, the governor is authorized to:

(1) cooperate with the federal government and agree to carry out civil emergency preparedness responsibilities delegated in accordance with existing federal laws and policies and cooperate with other states and with private agencies in all matters relating to the civil emergency preparedness of the state and nation;

(2) issue, amend or rescind the necessary orders, regulations and procedures to carry out the provisions of the State Civil Emergency Preparedness Act;

(3) provide those resources and services necessary to avoid or minimize economic or physical harm to a region and its citizens until a situation becomes stabilized and again under local self-support and control, including the provision, on a temporary, emergency basis, for lodging, health care, food, any transportation or shipping necessary to protect lives or property; or for any other action necessary to protect the public health, safety and welfare;

[(3)] (4) prepare a comprehensive plan and program for the civil emergency preparedness of the state and to integrate the state plan and program with the civil emergency preparedness plans and programs of the federal government and other states and to coordinate the preparation of plans and programs for civil emergency preparedness by

the political subdivisions of this state;

[(4)] (5) procure supplies and equipment, to institute training programs and public information programs and to take all necessary preparatory actions, including the partial or full mobilization of state and local government forces and resources in advance of actual disaster, to [insure] ensure the furnishing of adequately trained and equipped emergency forces of government and auxiliary personnel to cope with disasters resulting from enemy attack or other causes; and

[(5)] (6) enter into mutual aid agreements with other states and to coordinate mutual aid agreements between political subdivisions of the state."

Section 3. Section 20-2-3 NMSA 1978 (being Laws 1987, Chapter 318, Section 10) is amended to read:

"20-2-3. GOVERNOR--POWER TO CALL OUT MILITIA.-- A. The governor may, in case of insurrection, invasion, riot or breach of the peace or of imminent danger thereof or in case of other emergency, order into active service of the state the militia or any components or parts thereof [which] that have not been called into federal service. As used in this section, "emergency" includes any man-made or natural disaster causing or threatening widespread physical or economic harm to a region and its citizens that is beyond local control and requiring the resources of the state.

B. In case of any breach of the peace, tumult, riot or resistance to process of this state or imminent danger thereof, the sheriff of a county may call for aid from the governor as commander-in-chief of the national guard. If it appears to the governor that the power of the county is insufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful residents of the county or to overcome the resistance to process of this state, the governor shall, on application of the sheriff, order out such military force as is necessary.

C. When any portion of the militia is called out for the purpose of suppressing an unlawful or riotous assembly, the commander of the troops shall cooperate with the civil officers to the fullest extent consistent with the accomplishment of the object for which the troops were called. The civil officials may express to the commander of the troops the general or specific objective [which] that the civil officials desire to accomplish, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the object specified by the civil officers shall be left solely to the commander of the troops present on duty.

D. When any portion of the militia is ordered into active service pursuant to this section in case of an emergency, the militia may provide those resources and services necessary to avoid or minimize economic or physical harm to a region and its citizens until a situation becomes stabilized and again under local self-support and control, including the provision, on a temporary, emergency basis, for lodging, health care, food, any transportation or shipping necessary to protect lives or property; or for any other action necessary to protect the public health, safety and welfare.

[D.] E. In the event of the exercise by the governor of the powers under this section, the governor shall first utilize the personnel and assets of the national guard and only in their absence or insufficiency utilize the personnel and assets of the state defense force."