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AN ACT

RELATING TO PUBLIC SAFETY; CREATING THE HOMELAND SECURITY AND

EMERGENCY MANAGEMENT DEPARTMENT; PROVIDING POWERS AND DUTIES;

CHANGING THE SHORT TITLES OF CERTAIN ACTS.

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

Section 1. SHORT TITLE.--Sections 1 through 6 of this

act may be cited as the "Homeland Security and Emergency

Management Department Act".

Section 2. PURPOSE.--The purpose of the Homeland

Security and Emergency Management Department Act is to

establish a department to:

A. consolidate and coordinate homeland security

and emergency management functions to provide comprehensive

and coordinated preparedness, mitigation, prevention,

protection, response and recovery for emergencies and

disasters, regardless of cause, and acts of terrorism;

B. act as the central primary coordinating agency

for the state and its political subdivisions in response to

emergencies, disasters and acts of terrorism; and

C. act as the conduit for federal assistance and

cooperation in response to emergencies, disasters and acts of

terrorism.

Section 3. DEFINITIONS.--As used in the Homeland

Security and Emergency Management Department Act:

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A. "department" means the homeland security and

emergency management department; and

B. "state director" means the state director of

homeland security and emergency management.

Section 4. HOMELAND SECURITY AND EMERGENCY MANAGEMENT

DEPARTMENT--CREATED--POWERS AND DUTIES.--

A. The "homeland security and emergency management

department" is created in the executive branch. The

department is not a cabinet department. The chief

administrative and executive officer of the department is the

"state director of homeland security and emergency

management", who shall be appointed by the governor and hold

office at the pleasure of the governor.

B. The state director is responsible to the

governor for the operation of the department. It is the state

director's duty to manage all operations of the department and

to administer and enforce the laws with which the state

director or the department is charged.

C. To perform the state director's duties, the

state director has every power expressly enumerated in the

laws, whether granted to the state director or the department

or any division of the department, except where authority

conferred upon any division is explicitly exempted from the

state director's authority by statute. In accordance with

these provisions, the state director shall:

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(1) except as otherwise provided in the

Homeland Security and Emergency Management Department Act,

exercise general supervisory and appointing authority over all

department employees, subject to any applicable personnel laws

and rules;

(2) delegate authority to subordinates as

the state director deems necessary and appropriate, clearly

delineating such delegated authority and the limitations

thereto;

(3) organize the department into those

organizational units the state director deems will enable it

to function most efficiently, subject to any provisions of law

requiring or establishing specific organizational units;

(4) within the limitations of available

appropriations and applicable laws, employ and fix the

compensation of those persons necessary to discharge the state

director's duties;

(5) take administrative action by issuing

orders and instructions, not inconsistent with the law, to

ensure implementation of and compliance with the provisions of

law for whose administration or execution the state director

is responsible and to enforce those orders and instructions by

appropriate administrative action or actions in the courts;

(6) conduct research and studies that will

improve the operations of the department and the provision of

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services to the residents of the state;

(7) provide courses of instruction and

practical training for employees of the department and other

persons involved in the administration of programs, with the

objective of improving the operations and efficiency of

administration;

(8) prepare an annual budget of the

department;

(9) provide cooperation, at the request of

heads of administratively attached agencies, in order to:

(a) minimize or eliminate duplication

of services and jurisdictional conflicts;

(b) coordinate activities and resolve

problems of mutual concern; and

(c) resolve by agreement the manner and

extent to which the department shall provide budgeting,

record-keeping and related clerical assistance to

administratively attached agencies; and

(10) appoint, with the governor's consent, a

"director" for each division. These appointed positions are

exempt from the provisions of the Personnel Act. Persons

appointed to these positions shall serve at the pleasure of

the state director.

D. The state director may apply for and receive,

with the governor's approval, in the name of the department

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any public or private funds, including United States

government funds, available to the department to carry out its

programs, duties or services.

E. The state director may make and adopt such

reasonable and procedural rules as may be necessary to carry

out the duties of the department and its divisions. No rule

promulgated by the director of any division in carrying out

the functions and duties of the division shall be effective

until approved by the state director, unless otherwise

provided by statute. Unless otherwise provided by statute, no

rule affecting any person or agency outside the department

shall be adopted, amended or repealed without a public hearing

on the proposed action before the state director or a hearing

officer designated by the state director. The public hearing

shall be held in Santa Fe unless otherwise permitted by

statute. Notice of the subject matter of the rule, the action

proposed to be taken, the time and place of the hearing, the

manner in which interested persons may present their views and

the method by which copies of the proposed rule, proposed

amendment or repeal of an existing rule may be obtained shall

be published once at least thirty days prior to the hearing

date in a newspaper of general circulation and mailed at least

thirty days prior to the hearing date to all persons who have

made a written request for advance notice of hearing. All

rules shall be filed in accordance with the State Rules Act.

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Section 5. DEPARTMENT DUTIES.--The department shall:

A. coordinate the homeland security and emergency

management efforts of all state and local government agencies,

as well as enlist cooperation from private entities such as

health care providers;

B. apply for and accept federal funds for homeland

security, administer the funds and develop criteria to

allocate grants to local governments, tribes, state agencies

and other qualified entities;

C. act as liaison between federal, state and local

agencies to effect the improved sharing of counterterrorism

intelligence;

D. provide information to the general public and

to private businesses that is essential to ensuring their

safety and security and provide the governor with timely

information relating to emergencies, disasters and acts of

terrorism or terrorist threats;

E. establish security standards for state

facilities and for protection of their occupants and develop

plans for the continuity of state government operations in the

event of a threat or act of terrorism or other natural or man-

made disaster;

F. identify the state's critical infrastructures

and assist public and private entities with developing plans

and procedures designed to implement the protective actions

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necessary to continue operations;

G. coordinate state agency and local government

plans for prevention, preparedness and response with a focus

on an all-hazards approach;

H. coordinate law enforcement counterterrorism

prevention, preparedness and response training on a statewide

basis, including training for emergency responders, government

officials, health care providers and others as appropriate;

I. work with emergency response and emergency

management programs and provide assistance in developing and

conducting terrorism response exercises for emergency

responders, government officials, health care providers and

others;

J. coordinate law enforcement's and emergency

responders' response to an act of terrorism or terrorist

threat;

K. develop and maintain a statewide plan and

strategy to manage and allocate federal grant funds required

to provide the state's emergency response community with the

equipment necessary to respond to an act of terrorism

involving a weapon of mass destruction; and

L. perform such other duties relating to homeland

security as may be assigned by the governor.

Section 6. COOPERATION WITH FEDERAL GOVERNMENT--

AUTHORITY OF STATE DIRECTOR--SINGLE STATE AGENCY STATUS.--

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A. The department is authorized to cooperate with

the federal government in the administration of homeland

security and emergency management programs in which financial

or other participation by the federal government is authorized

or mandated under state or federal laws, rules or orders. The

department may enter into agreements with agencies of the

federal government to implement homeland security and

emergency management programs subject to availability of

appropriated state funds and any provisions of state laws

applicable to such agreements or participation by the state.

B. The governor may by appropriate order designate

the department as the single state agency for the

administration of any homeland security or emergency

management program when that designation is a condition of

federal financial or other participation in the program under

applicable federal law, rule or order. Whether or not a

federal condition exists, the governor may designate the

department as the single state agency for the administration

of any homeland security or emergency management program. No

designation of a single state agency under the authority

granted in this section shall be made in contravention of

state law.

Section 7. Section 9-19-4 NMSA 1978 (being Laws 1987,

Chapter 254, Section 4, as amended) is amended to read:

"9-19-4. DEPARTMENT ESTABLISHED.--There is created in

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the executive branch the "department of public safety". The

department shall be a cabinet department and shall consist of,

but not be limited to, five program divisions, an

administrative division and an information technology division

as follows:

A. the New Mexico state police division;

B. the special investigations division;

C. the training and recruiting division;

D. the technical support division;

E. the administrative services division;

F. the motor transportation division; and

G. the information technology division."

Section 8. Section 9-19-7 NMSA 1978 (being Laws 1987,

Chapter 254, Section 7, as amended) is amended to read:

"9-19-7. ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND

DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

A. The organizational units of the department and

the officers of those units specified by law shall have all

the powers and duties enumerated in the specific laws

involved. However, the carrying out of those powers and

duties shall be subject to the direction and supervision of

the secretary, who shall retain the final decision-making

authority and responsibility for the administration of any

such laws as provided in Subsection B of Section 9-19-6 NMSA

1978. The department shall have access to all records, data

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and information of other state departments, agencies and

institutions, including its own organizational units, not

specifically held confidential by law.

B. The New Mexico state police division shall

consist of the commissioned officers and civilian personnel,

including all communications equipment operators, of the New

Mexico state police uniform division and the commissioned

officers and civilian personnel of the New Mexico state police

criminal division and such other personnel as may be assigned

by the secretary or by the governor pursuant to an executive

order as authorized in the Department of Public Safety Act.

C. The special investigations division shall

consist of the enforcement personnel of the department of

alcoholic beverage control and such other personnel as may be

assigned by the secretary or by the governor pursuant to an

executive order as authorized in the Department of Public

Safety Act. The division is responsible for the enforcement

of the Bingo and Raffle Act and the Liquor Control Act.

D. The technical support division shall consist of

functions such as communications, crime laboratory and

records.

E. The training and recruiting division shall

consist of the personnel of the New Mexico law enforcement

academy, the New Mexico state police training division and all

other training personnel and functions of the department as

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the secretary may transfer to this division.

F. The administrative services division shall

consist of the administrative services and services divisions

of the New Mexico state police and those administrative

support personnel of the other existing departments, divisions

or offices as the secretary deems necessary."

Section 9. Section 12-10-1 NMSA 1978 (being Laws 1959,

Chapter 190, Section 1, as amended) is amended to read:

"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"."

Section 10. Section 12-10-2 NMSA 1978 (being Laws 1959,

Chapter 190, Section 2, as amended) is amended to read:

"12-10-2. PURPOSE.--The purpose of the All Hazard

Emergency Management Act 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 operations plan for the

protection of life and property adequate to cope with

disasters resulting from acts of war or sabotage or from

natural or man-made causes other than acts of war;

D. provide for coordination of all hazard

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emergency management functions of this state with the

comparable functions of the federal government and other

states and localities and of private agencies;

E. initiate programs to render aid in the

emergency restoration of facilities, utilities and other

installations essential to the safety and general welfare of

the public; and

F. provide for assistance and care for persons

displaced, left homeless or otherwise victims of disaster or

war conditions."

Section 11. Section 12-10-3 NMSA 1978 (being Laws 1969,

Chapter 33, Section 1, as amended) is amended to read:

"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 departments, agencies and political subdivisions and

shall maintain liaison with and cooperate with all hazard

emergency management agencies and organizations of other

states and of the federal government."

Section 12. Section 12-10-4 NMSA 1978 (being Laws 1959,

Chapter 190, Section 5, as amended) is amended to read:

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"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 and, in the event of any man-made or natural

disaster causing or threatening widespread physical or

economic harm 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 all hazard emergency

management functions within the state.

B. In carrying out the provisions of the All

Hazard Emergency Management Act, the governor is authorized

to:

(1) cooperate with the federal government

and agree to carry out all hazard emergency management

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 all hazard

emergency management of the state and nation;

(2) issue, amend or rescind the necessary

orders, rules and procedures to carry out the provisions of

the All Hazard Emergency Management Act;

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(3) provide those resources and services

necessary to avoid or minimize economic or physical harm until

a situation becomes stabilized and again under local self-

support and control, including the provision, on a temporary,

emergency basis, of lodging, sheltering, health care, food,

transportation or shipping necessary to protect lives or

public property; or for any other action necessary to protect

the public health, safety and welfare;

(4) prepare a comprehensive emergency

operations plan and program and to integrate the state

emergency operations plan and program with the emergency

operations plans and programs of the federal government and

other states and to coordinate the preparation of emergency

operations plans and programs by the political subdivisions of

this state;

(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 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

(6) enter into mutual aid agreements with

other states and to coordinate mutual aid agreements between

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political subdivisions of the state."

Section 13. Section 12-10-5 NMSA 1978 (being Laws 1959,

Chapter 190, Section 6, as amended) is amended to read:

"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 the state emergency operations plan and

program. Every local coordinator of emergency management

shall be appointed by the governing body, subject to the

approval of the state director of homeland security and

emergency management, and the local coordinator shall have

direct responsibility for carrying out the all hazard

emergency management program of the political subdivision.

The state director shall coordinate the emergency management

activities of all local governmental departments and agencies

and shall maintain liaison with and cooperate with emergency

management agencies and organizations of other political

subdivisions and of the state government. Each local

organization shall perform emergency management functions

within the territorial limits of the political subdivision

within which it is organized."

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Section 14. Section 12-10-6 NMSA 1978 (being Laws 1959,

Chapter 190, Section 7, as amended) is amended to read:

"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 render

assistance within its capabilities and in accordance with the

provisions of the program and plan promulgated by the homeland

security and emergency management department."

Section 15. Section 12-10-7 NMSA 1978 (being Laws 1959,

Chapter 190, Section 8, as amended) is amended to read:

"12-10-7. AUTHORITY TO MAKE APPROPRIATIONS AND ACCEPT

AID.--

A. Each political subdivision of the state shall

have the power to make appropriations in the manner prescribed

by law, and subject to the limitations of the law, for the

payment of expenses of emergency management.

B. Whenever the federal government or any agency

or officer thereof shall offer to the state or any political

subdivision thereof services, equipment, supplies, materials

or funds by way of gift, grant or loan for purposes of

emergency management, the state, acting through the governor,

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or the political subdivision, acting with the consent of the

governor, may accept the offer and may authorize any officer

of the state or of the political subdivision to receive the

aid and assistance.

C. Whenever any private person, firm or

corporation shall offer to the state or to any political

subdivision thereof any aid or assistance for emergency

management, the state or the political subdivision shall be

authorized to accept the aid or assistance, subject to the

provisions of this section."

Section 16. Section 12-10-8 NMSA 1978 (being Laws 1963,

Chapter 193, Section 1, as amended) is amended to read:

"12-10-8. CIVIL LIABILITY--LIMITED.--Any person owning

or controlling real estate or other premises who voluntarily

and without compensation grants a license or privilege or

otherwise permits the designation or use of the whole or any

part of the person's real estate or premises for the purpose

of sheltering persons during an actual or impending enemy

attack or other disaster shall, together with the person's

successors in interest, if any, not be civilly liable for

negligently causing the death of or injury to any person on or

about the real estate or premises or for the loss of or damage

to the property of such person, providing the premises have

been approved either in whole or in part by the proper all

hazard emergency management authorities for such purpose."

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Section 17. Section 12-10-9 NMSA 1978 (being Laws 1959,

Chapter 190, Section 9, as amended) is amended to read:

"12-10-9. EXISTING SERVICES AND FACILITIES TO BE USED

BY AGENCY.--The governor, the homeland security and emergency

management department and the governing bodies of the

political subdivisions of the state are directed to use, in

carrying out the provisions of the All Hazard Emergency

Management Act, the services, equipment, supplies and

facilities of existing departments, offices and agencies of

the state and its political subdivisions to the maximum extent

practicable, and the officers and personnel of all

departments, offices and agencies of the state and its

political subdivisions are directed to cooperate with and

extend their services and facilities to the governor or to the

department or to the local coordinators of all hazard

emergency management throughout the state upon request."

Section 18. Section 12-10-10 NMSA 1978 (being Laws

1959, Chapter 190, Section 10, as amended) is amended to read:

"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 to comply with and

enforce all executive orders and rules made by the governor or

under the governor's authority pursuant to law.

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B. Political subdivisions shall meet all state and

federal requirements before becoming eligible to participate

in state and federal all hazard emergency management

assistance programs. They must comply with all state and

federal rules and procedures and shall be removed from

participation in the assistance programs by the state director

of homeland security and emergency management for failure to

comply with the rules and procedures or to maintain their

eligibility in accordance with prescribed requirements."

Section 19. Section 12-10-11 NMSA 1978 (being Laws

2002, Chapter 83, Section 2) is amended to read:

"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 emergency

management department, to render aid involving those skills to

meet an emergency, subject to limitations and conditions as

the governor may prescribe by executive order or otherwise. A

person shall be considered a public employee for the purposes

of the Tort Claims Act when approved to perform those duties."

Section 20. Section 12-10-12 NMSA 1978 (being Laws

2002, Chapter 83, Section 3) is amended to read:

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"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."

Section 21. Section 12-10-13 NMSA 1978 (being Laws

2002, Chapter 83, Section 4) is amended to read:

"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 involving those

skills to meet a declared emergency, and shall be considered a

public employee for the purposes of the Tort Claims Act when

approved to perform those duties."

Section 22. Section 12-10A-1 NMSA 1978 (being Laws

2003, Chapter 218, Section 1) is amended to read:

"12-10A-1. SHORT TITLE.--Chapter 12, Article 10A NMSA

1978 may be cited as the "Public Health Emergency Response

Act"."

Section 23. Section 12-10A-3 NMSA 1978 (being Laws

2003, Chapter 218, Section 3) is amended to read:

"12-10A-3. DEFINITIONS.--As used in the Public Health

Emergency Response Act:

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A. "attorney general" means the New Mexico

attorney general;

B. "court" means the district court for the

judicial district where a public health emergency is

occurring, the district court for Santa Fe county or, in the

event that a district court cannot adequately provide

services, a district court designated by the New Mexico

supreme court;

C. "director" or "state director" means the state

director of homeland security and emergency management or the

state director's designee;

D. "health care supplies" means medication,

durable medical equipment, instruments, linens or any other

material that the state may need to use in a public health

emergency, including supplies for preparedness, mitigation and

recovery;

E. "health facility" means:

(1) a facility licensed by the state

pursuant to the provisions of the Public Health Act;

(2) a nonfederal facility or building,

whether public or private, for-profit or nonprofit, that is

used, operated or designed to provide health services, medical

treatment, nursing services, rehabilitative services or

preventive care;

(3) a federal facility, when the appropriate

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federal entity provides its consent; or

(4) the following properties when they are

used for, or in connection with, health-related activities:

(a) laboratories;

(b) research facilities;

(c) pharmacies;

(d) laundry facilities;

(e) health personnel training and

lodging facilities;

(f) patient, guest and health personnel

food service facilities; and

(g) offices or office buildings used by

persons engaged in health care professions or services;

F. "isolation" means the physical separation for

possible medical care of persons who are infected or who are

reasonably believed to be infected with a threatening

communicable disease or potential threatening communicable

disease from non-isolated persons, to protect against the

transmission of the threatening communicable disease to

non-isolated persons;

G. "public health emergency" means the occurrence

or imminent threat of exposure to an extremely dangerous

condition or a highly infectious or toxic agent, including a

threatening communicable disease, that poses an imminent

threat of substantial harm to the population of New Mexico or

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any portion thereof;

H. "public health official" means the secretary of

health or the secretary's designee, including a qualified

public individual or group or a qualified private individual

or group, as determined by the secretary of health;

I. "quarantine" means the precautionary physical

separation of persons who have or may have been exposed to a

threatening communicable disease or a potentially threatening

communicable disease and who do not show signs or symptoms of

a threatening communicable disease, from non-quarantined

persons, to protect against the transmission of the disease to

non-quarantined persons;

J. "secretary of health" means the secretary or

the secretary's designee;

K. "secretary of public safety" means the

secretary or the secretary's designee; and

L. "threatening communicable disease" means a

disease that causes death or great bodily harm that passes

from one person to another and for which there are no means by

which the public can reasonably avoid the risk of contracting

the disease. "Threatening communicable disease" does not

include acquired immune deficiency syndrome or other

infections caused by the human immunodeficiency virus."

Section 24. Section 12-10A-17 NMSA 1978 (being Laws

2003, Chapter 218, Section 17) is amended to read:

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"12-10A-17. RULEMAKING.--The secretary of public

safety, the secretary of health, the state director and, where

appropriate, other affected state agencies in consultation

with the secretaries and state director, shall promulgate and

implement rules that are reasonable and necessary to implement

and effectuate the Public Health Emergency Response Act."

Section 25. Section 12-12-17 NMSA 1978 (being Laws

1983, Chapter 80, Section 1, as amended) is amended to read:

"12-12-17. SHORT TITLE.--Sections 12-12-17 through

12-12-30 NMSA 1978 may be cited as the "Hazardous Materials

Emergency Response Act"."

Section 26. Section 12-12-18 NMSA 1978 (being Laws

1983, Chapter 80, Section 2) is amended to read:

"12-12-18. FINDINGS AND PURPOSE.--

A. The legislature finds that the use of hazardous

materials, including radioactive materials, and the

transportation of such materials through or within New Mexico

occurs on a daily basis, and, no matter how safety-conscious

facilities, users, shippers or carriers are, accidents may

occur. In the event of an accident, resource requirements may

be beyond the capability of local governments, and the state

must be prepared to respond quickly and effectively to protect

the health and safety of its citizens and the environment.

B. It is the purpose of the Hazardous Materials

Emergency Response Act to:

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(1) provide that adequate hazardous

materials emergency management capability exists in the state

to protect the health and safety of New Mexico citizens and

the environment;

(2) delineate those state agencies that are

responsible for responding to an accident and providing for

the control and management of such an accident and to provide

for the cooperation of other state agencies and local

governments in emergency management; and

(3) provide for the formulation of a

comprehensive hazardous materials emergency response plan that

will be distributed statewide and that will be complied with

by all persons who may be involved in responding to an

accident."

Section 27. Section 12-12-19 NMSA 1978 (being Laws

1983, Chapter 80, Section 3, as amended by Laws 1997, Chapter

152, Section 1 and also by Laws 1997, Chapter 231, Section 1)

is amended to read:

"12-12-19. DEFINITIONS.--As used in the Hazardous

Materials Emergency Response Act:

A. "accident" means an event involving hazardous

materials that may cause injury to persons or damage to

property or release hazardous materials to the environment;

B. "administrator" means the hazardous materials

emergency response administrator;

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C. "board" means the hazardous materials safety

board;

D. "chief" means the chief of the New Mexico state

police;

E. "commission" means the state emergency response

commission;

F. "department" means the homeland security and

emergency management department;

G. "emergency management" means the ability to

prepare for, respond to, mitigate, recover and restore the

scene of an institutional, industrial, transportation or other

accident;

H. "first responder" means the first law

enforcement officer or other public service provider with a

radio-equipped vehicle to arrive at the scene of an accident;

I. "hazardous materials" means hazardous

substances, radioactive materials or a combination of

hazardous substances and radioactive materials;

J. "hazardous substances" means flammable solids,

semisolids, liquids or gases; poisons; corrosives; explosives;

compressed gases; reactive or toxic chemicals; irritants; or

biological agents, but does not include radioactive materials;

K. "orphan hazardous materials" means hazardous

substances, radioactive materials, a combination of hazardous

substances and radioactive materials or substances used in the

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manufacture of controlled substances in violation of the

Controlled Substances Act where an owner of the substances or

materials cannot be identified;

L. "plan" means the statewide hazardous materials

emergency response plan;

M. "radioactive materials" means any material or

combination of materials that spontaneously emits ionizing

radiation. Materials in which the estimated specific activity

is not greater than 0.002 microcuries per gram of material are

not considered to be radioactive materials unless determined

to be so by the hazardous and radioactive materials bureau of

the water and waste management division of the department of

environment for purposes of emergency response pursuant to the

Hazardous Materials Emergency Response Act;

N. "responsible state agency" means an agency

designated in Subsection D of Section 12-12-21 NMSA 1978 with

responsibility for managing a certain type of accident or

performing certain functions at the scene of such accident;

and

O. "secretary" or "state director" means the state

director of homeland security and emergency management."

Section 28. Section 12-12-20 NMSA 1978 (being Laws

1983, Chapter 80, Section 4, as amended) is amended to read:

"12-12-20. STATE RESPONSIBILITY FOR MANAGEMENT OF

ACCIDENTS--IMMUNITY FROM LIABILITY--COOPERATIVE AGREEMENTS--

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PRIVATE PROPERTY.--

A. The state director shall have final authority

to administer the provisions of the Hazardous Materials

Emergency Response Act.

B. As between state and local governments, the

state government has the primary responsibility for the

management of an accident, and the local government in whose

jurisdiction the accident occurs shall assist the state in its

management of the accident.

C. Nothing in the Hazardous Materials Emergency

Response Act shall be construed as a waiver or alteration of

the immunity from liability granted under the Tort Claims Act

or as a waiver of any other immunity or privilege under law.

D. The state, through the state director or state

director's designee, may enter into cooperative agreements

with county and municipal governments for the management of

accidents based on the severity of the accident and the

resources of the local government. The plan shall set forth

the criteria for determining when an accident may be managed

by the local government in whose jurisdiction the accident

occurred.

E. The state director shall support emergency

response capabilities by assisting local and state responders

in the acquisition of equipment, training and hazardous

materials information.

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F. The state, through the state director or state

director's designee, may enter into cooperative agreements

with the federal government, Indian tribes and pueblos and

bordering states for assistance in the management of

accidents.

G. Whenever an accident appears imminent or has

occurred, employees or authorized persons of responsible state

agencies as defined in Section 12-12-21 NMSA 1978 are

authorized to enter upon any premises for the purpose of

determining whether it is necessary for emergency management

procedures to be implemented. The state on-scene coordinator

or a responsible state agency may take full control and

custody of the premises for the purpose of managing the

accident."

Section 29. Section 12-12-21 NMSA 1978 (being Laws

1983, Chapter 80, Section 5, as amended) is amended to read:

"12-12-21. STATE POLICE EMERGENCY RESPONSE OFFICER--

PROCEDURE FOR NOTIFICATION--COOPERATION OF OTHER STATE

AGENCIES AND LOCAL GOVERNMENTS.--

A. The state director, in addition to having final

authority to administer the provisions of the Hazardous

Materials Emergency Response Act, shall be responsible for

central coordination and communication in the event of an

accident.

B. The chief shall designate one or more persons

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to be known as "state police emergency response officers". A

state police emergency response officer shall be trained in

accident evaluation and emergency response and shall be

available to answer an emergency response call from the first

responder.

C. In the event of an accident, if the first

responder is a law enforcement officer, the officer shall

immediately notify the state police district emergency

response officer in the officer's area, who shall in turn

immediately notify the state police emergency response center.

If the first responder is a person with radio capability tied

into the radio communications bureau of the information

systems division of the general services department, the

person shall immediately notify Santa Fe control, who shall in

turn immediately notify the state police emergency response

center. The state police emergency response center shall:

(1) evaluate and determine the scope of the

accident based on information provided by the first responder;

(2) instruct the first responder on how to

proceed at the accident scene;

(3) immediately notify the state director

and the appropriate responsible state agency and advise it of

the necessary response;

(4) notify the sheriff or chief of police in

whose jurisdiction the accident occurred; and

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(5) coordinate field communications and

summon additional resources requested by the emergency

management team.

D. The responsible state agencies shall be:

(1) the New Mexico state police division of

the department of public safety for coordination, law

enforcement and traffic and crowd control;

(2) the department of environment for

assistance with accidents involving hazardous materials or

hazardous substances;

(3) the state fire marshal's office for

assistance with any accident involving hazardous materials;

(4) the emergency medical services bureau of

the department of health for assistance with accidents

involving casualties;

(5) the homeland security and emergency

management department and the department of military affairs

for assistance with accidents that require the evacuation of

the vicinity of the accident or the use of the national guard

of New Mexico; and

(6) the department of transportation for

assistance with road closures, designating alternate routes

and related services.

E. Other state agencies and local governments

shall assist the responsible state agencies when requested to

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do so.

F. Any driver of a vehicle carrying hazardous

materials involved in an accident that may cause injury to

persons or property or any owner, shipper or carrier of

hazardous materials involved in an accident who has knowledge

of such accident or any owner or person in charge of any

building, premises or facility where such an accident occurs

shall immediately notify the New Mexico state police division

of the department of public safety by the quickest means of

communication available."

Section 30. Section 12-12-23 NMSA 1978 (being Laws

1984, Chapter 41, Section 6, as amended) is amended to read:

"12-12-23. HAZARDOUS MATERIALS EMERGENCY RESPONSE

ADMINISTRATOR--CREATED--DUTIES.--The position of "hazardous

materials emergency response administrator" is created within

the homeland security and emergency management department.

The state director shall assign the administrator's duties."

Section 31. Section 12-12-27 NMSA 1978 (being Laws

1983, Chapter 80, Section 10) is amended to read:

"12-12-27. CLEAN-UP.--Nothing in the Hazardous

Materials Emergency Response Act shall be construed to relieve

hazardous materials owners, shippers or carriers of their

responsibilities and liability in the event of an accident.

Such persons shall assist the state as requested in responding

to an accident and are responsible for restoring the scene of

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the accident to the satisfaction of the state."

Section 32. Section 74-4E-1 NMSA 1978 (being Laws

1989, Chapter 149, Section 1) is amended to read:

"74-4E-1. SHORT TITLE.--Chapter 74, Article 4E NMSA

1978 may be cited as the "Hazardous Chemicals Information

Act"."

Section 33. Section 74-4E-3 NMSA 1978 (being Laws 1989,

Chapter 149, Section 3) is amended to read:

"74-4E-3. DEFINITIONS.--As used in the Hazardous

Chemicals Information Act:

A. "commission" means the state emergency response

commission;

B. "department" means the homeland security and

emergency management department;

C. "emergency responder" means any law enforcement

officer, firefighter, medical services professional or other

person trained and equipped to respond to hazardous chemical

releases;

D. "hazardous chemical" means any hazardous

chemical, extremely hazardous substance, toxic chemical or

hazardous material as defined by Title 3;

E. "facility owner or operator" means any

individual, trust, firm, joint stock company, corporation,

partnership, association, state agency, municipality or county

having legal control or authority over buildings, equipment,

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structures and other stationary items that are located on a

single site or on contiguous or adjacent sites. For the

purposes of Section 74-4E-5 NMSA 1978, the term includes

owners or operators of motor vehicles, rolling stock and

aircraft;

F. "local emergency planning committee" means any

local group appointed by the commission to undertake chemical

release contingency planning;

G. "release" means any spilling, leaking, pumping,

pouring, emitting, emptying, discharging, injecting, escaping,

leaching, dumping or disposing into the environment of any

hazardous chemical, extremely hazardous substance or toxic

chemical. "Release" includes the abandonment or discarding of

barrels, containers and other closed receptacles; and

H. "Title 3" means the federal Emergency Planning

and Community Right-to-Know Act of 1986."

Section 34. Section 74-4E-4 NMSA 1978 (being Laws 1989,

Chapter 149, Section 4) is amended to read:

"74-4E-4. COMMISSION CREATED--MEMBERSHIP--TERMS--

DUTIES--IMMUNITY GRANTED.--

A. The "state emergency response commission" is

created. The commission shall consist of seven members who

shall be qualified voters of the state of New Mexico. All

members shall be appointed by the governor. Among the members

appointed, there shall be representatives of private industry,

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federal facilities, public health and public safety.

Appointments shall be made for four-year terms to expire on

January 1 of the appropriate year. Commission members shall

serve staggered terms as determined by the governor at the

time of their initial appointments. Annually, the governor

shall designate, from among the members, a chair of the

commission.

B. The commission shall:

(1) exercise supervisory authority to

implement Title 3 within New Mexico;

(2) prescribe all reporting forms required

by the Hazardous Chemicals Information Act;

(3) provide direction to the hazardous

materials safety board;

(4) report periodically to the radioactive

and hazardous materials committee; and

(5) report annually to the governor and the

legislature.

C. The commission may solicit and accept grants

from federal or private sources for undertakings that further

the purpose of the Hazardous Chemicals Information Act and may

make contracts necessary to carry out the purpose of that act.

D. Commission members shall not vote by proxy. A

majority of the members constitute a quorum for the conduct of

business.

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E. Commission members shall not be paid, but shall

receive per diem and mileage expenses as provided in the Per

Diem and Mileage Act.

F. Immunity from tort liability for emergency

response actions, including planning or preparation therefor,

is granted to the state, its subdivisions and all their

agencies, officers, agents and employees. Any waiver of

immunity from tort liability granted under the Tort Claims Act

shall not be applicable to disaster or emergency response or

planning."

Section 35. TEMPORARY PROVISION--TRANSFER OF PERSONNEL

AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

A. On the effective date of this act, all

functions, personnel, money, appropriations, records,

furniture, equipment and other property of the office of

homeland security or the homeland security advisor of the

governor's office are transferred to the homeland security and

emergency management department.

B. On the effective date of this act, all

functions, personnel, money, appropriations, records,

furniture, equipment and other property of the office of

emergency management and the homeland security and emergency

management program of the department of public safety are

transferred to the homeland security and emergency management

department.

C. On the effective date of this act, contractual

obligations of the office of homeland security or the homeland

security advisor of the governor's office or of the technical

and emergency support division of the department of public

safety or the department of public safety pertaining to the

homeland security and emergency management program shall be

binding on the homeland security and emergency management

department.

D. On the effective date of this act, all

references in the law to the office of homeland security or

the homeland security advisor of the governor's office shall

be deemed to be references to the homeland security and

emergency management department.

E. On the effective date of this act, references

in law to the State Civil Emergency Preparedness Act shall be

deemed to be references to the All Hazard Emergency Management

Act. All references in law to the Emergency Management Act

shall be deemed to be references to the Hazardous Materials

Emergency Response Act.

Section 36. REPEAL.--Section 12-12-22 NMSA 1978 (being

Laws 1983, Chapter 80, Section 6, as amended) is repealed.

Section 37. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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