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Home » US Law » 2021 New Mexico Statutes » Chapter 12 - Miscellaneous Public Affairs Matters » Article 10 - All Hazard Emergency Management

Section 12-10-1 – Short title.

Sections 12-10-1 through 12-10-10 NMSA 1978 may be cited as the “All Hazard Emergency Management Act”. History: 1953 Comp., § 9-13-15, enacted by Laws 1959, ch. 190, § 1; 1973, ch. 247, § 1; 2007, ch. 291, § 9. ANNOTATIONS Compiler’s notes. — Following the 1978 recompilation of NMSA the scope of the State Civil […]

Section 12-10-10 – Enforcement of executive orders and rules.

A. It is the duty of all political subdivisions of the state and their coordinators of the all hazard emergency management programs appointed pursuant to the provisions of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978] to comply with and enforce all executive orders and rules made by the governor or under […]

Section 12-10-10.1 – Short title.

Sections 12-10-11 through 12-10-13 NMSA 1978 may be cited as the “Emergency Licensing Act”. History: Laws 2005, ch. 22, § 2. ANNOTATIONS Effective dates. — Laws 2005, ch. 22, § 5 made Laws 2005, ch. 22, § 2 effective July 1, 2005.

Section 12-10-11 – Out-of-state license holders; powers; duties.

During an emergency, a person who holds a license, certificate or other permit that is issued by a state or territory of the United States and that evidences the meeting of qualifications for professional, mechanical or other skills may be credentialed, if appropriate and approved by the department of health or the homeland security and […]

Section 12-10-11.1 – Business and employee status during disaster response period.

A. An out-of-state business that conducts operations within the state for purposes of performing disaster- or emergency-related work in response to a declared state disaster or emergency during the disaster response period shall not be considered to have established a level of presence that would require that business to be subject to any state licensing […]

Section 12-10-12 – Application.

The provisions of Section 12-10-11 NMSA 1978 apply to a person from any state or territory whether or not a party to the Emergency Management Assistance Compact [12-10-14, 12-10-15 NMSA 1978]. History: Laws 2002, ch. 83, § 3; 2007, ch. 291, § 20. ANNOTATIONS Compiler’s notes. — Laws 2002, ch. 83, § 3 was originally […]

Section 12-10-13 – In-state license holders; powers; duties.

During an emergency, a person who holds a license, certificate or other permit that is issued by the state and that evidences the meeting of qualifications for professional, mechanical or other skills may be credentialed, if appropriate and approved by the department of health or the homeland security and emergency management department, to render aid […]

Section 12-10-14 – Short title.

This act [12-10-14, 12-10-15 NMSA 1978] may be cited as the “Emergency Management Assistance Compact”. History: 1978 Comp., § 11-15-1, enacted by Laws 1999, ch. 87, § 1, recompiled as § 12-10-14 by Laws 2005, ch. 22, § 4.

Section 12-10-15 – Compact entered into.

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 – PURPOSE AND AUTHORITIES A. The Emergency Management Assistance Compact is made and entered into […]

Section 12-10-16 – Short title.

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. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes sufficiently […]

Section 12-10-17 – Proclamation of emergency.

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 state, the governor may proclaim a […]

Section 12-10-18 – Emergency restrictions.

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 number of persons from assembling or […]

Section 12-10-19 – Termination of emergency.

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 of the governor. History: 1953 Comp., § 40A-20-4.4, enacted by Laws 1969, ch. […]

Section 12-10-2 – Purpose.

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 hazard emergency management powers; C. provide an emergency […]

Section 12-10-20 – Penalty.

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 is guilty of a fourth degree felony. History: 1953 […]

Section 12-10-21 – Governor’s powers not limited.

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 Laws 2005, ch. 22, § […]

Section 12-10-3 – Emergency planning and coordination.

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 director shall direct and coordinate the all hazard emergency management activities of all state […]

Section 12-10-4 – All hazard emergency management; powers of the 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] and, in the event of any man-made or natural disaster causing or threatening widespread […]

Section 12-10-5 – Local emergency management.

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 an agency of the local government and responsible to the governing body, in accordance with […]

Section 12-10-6 – Mutual aid agreements.

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 time of emergency it shall be the duty of each local emergency management organization to […]