US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 12-11-11 – Short title.

This act [12-11-11 to 12-11-18 NMSA 1978] may be cited as the “Legislative Disaster Succession Act.” History: 1953 Comp., § 4-19-1, enacted by Laws 1959, ch. 138, § 1.

Section 12-11-12 – Declaration of policy.

The legislature declares that the possibility of an enemy attack of unprecedented destructiveness made possible by recent technological developments, and which may result in the death or inability to act on the part of a large number of the membership of the legislature make [makes] it necessary to assure the continuity and effective operation of […]

Section 12-11-13 – Definitions.

As used in the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978]: A. “attack” means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States; B. “disaster” means the damage or injury, caused by enemy attack, to persons or property […]

Section 12-11-14 – Designation of disaster successors to legislators.

The county commission of each county shall designate five disaster successors for each legislator elected or appointed from that county, and specify their order of succession. The commission shall have the power to change designations at will. The designation of disaster successors shall not affect the powers of the commission to fill vacancies. History: 1953 […]

Section 12-11-15 – Filing designations.

The county commission shall file with the secretary of state and the county clerk, its designations of disaster successors for legislators, and any subsequent changes, and shall notify the designees of their designation and the order and designation of all alternates to the office. Designations shall be effective when filed with the secretary of state. […]

Section 12-11-16 – Oath of office; assumption of office.

Disaster successors shall take such oath as is required by law prior to assumption of the duties and powers of the position, and serve as legislators subject to the provisions of the Legislative Disaster Succession Act [12-11-11 to 12-11-18 NMSA 1978]. History: 1953 Comp., § 4-19-6, enacted by Laws 1959, ch. 138, § 6.

Section 12-11-17 – Quorum and vote requirements.

During the period of a disaster emergency, the quorum requirements for convening the legislature shall be one-third of the members, and all special or regular majorities shall be based on members present. Provided further that legislative action taken without the requisite members present, or without the majority required under the constitution shall be effective only […]

Section 12-11-18 – Period during which disaster successors may act.

Disaster successors may act as members of the legislature only: A. in case of a disaster emergency declared by the chief executive officer of the United States and the chief executive officer of the state, and as long as a state of martial law is declared to exist, or until a duly elected or appointed […]