HOUSE BILL 54
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Luciano "Lucky" Varela
FOR THE GOVERNMENT RESTRUCTURING TASK FORCE
AN ACT
RELATING TO EXECUTIVE ORGANIZATION; MERGING THE HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT WITH THE DEPARTMENT OF PUBLIC SAFETY; TRANSFERRING THE ADMINISTRATION OF THE ENHANCED 911 SERVICE PROGRAM TO THE HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY; REQUIRING THE DEPARTMENT OF INFORMATION TECHNOLOGY TO PROVIDE INFRASTRUCTURE FOR ENHANCED 911 SERVICES; TRANSFERRING THE FIRE MARSHAL DIVISION OF THE PUBLIC REGULATION COMMISSION TO THE DEPARTMENT OF PUBLIC SAFETY; ELIMINATING THE CRIME STOPPERS ADVISORY COUNCIL, MOUNTED PATROL BOARD OF DIRECTORS, DNA IDENTIFICATION SYSTEM OVERSIGHT COMMITTEE AND INTRASTATE MUTUAL AID COMMITTEE AND TRANSFERRING FUNCTIONS TO THE DEPARTMENT OF PUBLIC SAFETY; SUNSETTING THE INTEROPERABILITY PLANNING COMMISSION AND THE STATE EMERGENCY RESPONSE COMMISSION; PROVIDING FOR TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES; REPEALING THE HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT ACT; AMENDING, REPEALING, RECOMPILING AND ENACTING SECTIONS OF THE NMSA 1978; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTIONS OF LAWS IN LAWS 2003, LAWS 2007 AND LAWS 2009.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-18-7 NMSA 1978 (being Laws 1975, Chapter 14, Section 1, as amended) is amended to read:
"3-18-7. ADDITIONAL COUNTY AND MUNICIPAL POWERS--FLOOD AND MUDSLIDE HAZARD AREAS--FLOOD PLAIN PERMITS--LAND USE CONTROL--JURISDICTION--AGREEMENT.--
A. For the purpose of minimizing or eliminating damage from floods or mudslides in federal emergency management agency and locally designated flood-prone areas and for the purpose of promoting health, safety and the general welfare, a county or municipality with identified flood or mudslide hazard areas shall by ordinance:
(1) designate and regulate flood plain areas having special flood or mudslide hazards;
(2) prescribe standards for constructing, altering, installing or repairing buildings and other improvements under a permit system within a designated flood or mudslide hazard area;
(3) require review by the local flood plain manager for development within a designated flood or mudslide hazard area; provided that final decisions are approved by the local governing body;
(4) review subdivision proposals and other new developments within a designated flood or mudslide hazard area to ensure that:
(a) all such proposals are consistent with the need to minimize flood damage;
(b) all public utilities and facilities such as sewer, gas, electrical and water systems are designed to minimize or eliminate flood damage; and
(c) adequate drainage is provided so as to reduce exposure to flood hazards;
(5) require new or replacement water supply systems or sanitary sewage systems within a designated flood or mudslide hazard area to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding; and
(6) designate and regulate floodways for the passage of flood waters.
B. A flood plain ordinance adopted pursuant to this section shall substantially conform to the minimum standards prescribed by the federal insurance administration, regulation 1910 issued pursuant to Subsection 7(d), 79 Stat. 670, Section 1361, 82 Stat. 587 and 82 Stat. 575, all as amended.
C. A county or municipality that enacts a flood plain ordinance shall designate a person, certified pursuant to the state-certified flood plain manager program, as the flood plain manager to administer the flood plain ordinance.
D. A county or municipality that has areas designated by the federal emergency management agency and the county or municipality as flood-prone shall participate in the national flood insurance program.
E. A county or municipality shall have exclusive jurisdiction over flood plain permits issued under its respective flood plain ordinance in accordance with this section and so long as all structures built in flood plains are subject to inspection and approval pursuant to the Construction Industries Licensing Act. Notwithstanding Section 3-18-6 NMSA 1978, when a municipality adopts a flood plain ordinance pursuant to Paragraph (2) of Subsection A of this section, the municipality's jurisdiction under the flood plain ordinance may take precedence over a respective county flood plain ordinance within the municipality's boundary and within the municipality's subdividing and platting jurisdiction.
F. A county or municipality shall designate flood plain areas having special flood or mudslide hazards in substantial conformity with areas identified as flood- or mudslide-prone by the federal insurance administration pursuant to the national flood insurance program and may designate areas as flood- or mudslide-prone that may not be so identified by the federal insurance administration.
G. A municipality or county adopting a flood plain ordinance pursuant to this section may enter into reciprocal agreements with any agency of the state, other political subdivisions or the federal government in order to effectively carry out the provisions of this section.
H. The homeland security and emergency management division of the department of public safety is designated as the state coordinating agency for the national flood insurance program and may assist counties or municipalities when requested by a county or municipality to provide technical advice and assistance."
SECTION 2. Section 8-8-6 NMSA 1978 (being Laws 1998, Chapter 108, Section 6, as amended) is amended to read:
"8-8-6. COMMISSION--DIVISIONS.--The commission shall include the following organizational units:
A. the administrative services division;
B. the consumer relations division;
C. the insurance division;
D. the legal division;
E. the transportation division; and
F. the utility division [and
G. the fire marshal division]."
SECTION 3. Section 9-15-48 NMSA 1978 (being Laws 2003, Chapter 166, Section 1 and Laws 2003, Chapter 170, Section 1, as amended) is amended to read:
"9-15-48. OFFICE OF MILITARY BASE PLANNING AND SUPPORT CREATED--DUTIES.--
A. The "office of military base planning and support" is created, which is administratively attached to the economic development department. The department shall provide administrative services to the office.
B. The [governor's homeland security adviser] director of the homeland security and emergency management division of the department of public safety shall appoint a director of the office of military base planning and support.
C. The director of the office of military base planning and support shall:
(1) employ, under the authorization of the [governor's homeland security adviser] director of the homeland security and emergency management division, the staff necessary to carry out the work of the office of military base planning and support and the military base planning commission;
(2) support the commission;
(3) inform the governor and the [governor's homeland security adviser] director of the homeland security and emergency management division about issues impacting the military bases in the state, including infrastructure requirements, environmental needs, military force structure possibilities, tax implications, property considerations and issues requiring coordination and support from other state agencies;
(4) serve as a liaison with the community organizations whose purpose is to support the long-term viability of the military bases;
(5) communicate with the staff of the state's congressional delegation; and
(6) identify issues, prepare information and provide for presentations necessary for the commission to carry out its duties."
SECTION 4. Section 9-15-49 NMSA 1978 (being Laws 2003, Chapter 166, Section 2 and Laws 2003, Chapter 170, Section 2, as amended) is amended to read:
"9-15-49. MILITARY BASE PLANNING COMMISSION CREATED--COMPOSITION.--
A. The "military base planning commission" is created, which is administratively attached to the economic development department. The department shall provide administrative services to the commission.
B. The commission consists of seventeen members, fifteen of which are appointed by the governor with the advice and consent of the senate. The commission shall include the lieutenant governor, the [governor's homeland security adviser] director of the homeland security and emergency management division of the department of public safety and appropriate representatives from the counties, or adjoining counties, in which military bases are located.
C. The governor shall appoint a chair from among the members of the commission. The commission shall meet at the call of the chair and shall meet not less than quarterly. Members of the commission shall not be paid but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act.
D. Notwithstanding the provisions of the Open Meetings Act, meetings of the commission shall be closed to the public when proprietary alternative New Mexico military base realignment or closure strategies or any information regarding relocation of military units is discussed.
E. Information developed or obtained by the commission that pertains to proprietary commission strategies or related to the relocation of military units shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act."
SECTION 5. Section 9-19-3 NMSA 1978 (being Laws 1987, Chapter 254, Section 3, as amended) is amended to read:
"9-19-3. PURPOSE.--The purpose of the Department of Public Safety Act is to establish a single, unified department to consolidate state law enforcement [and], safety and homeland security and emergency management functions in order to provide better management, real coordination and more efficient use of state resources and manpower in responding to New Mexico's public safety and homeland security and emergency management needs and problems and to improve the professionalism of the state's law enforcement and investigative functions and personnel and the state's homeland security and emergency management functions and personnel."
SECTION 6. 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 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] eight 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;
H. the homeland security and emergency management division;
I. the fire marshal division; and
J. the enhanced 911 division."
SECTION 7. Section 9-19-6 NMSA 1978 (being Laws 1987, Chapter 254, Section 6, as amended) is amended to read:
"9-19-6. SECRETARY--DUTIES AND GENERAL POWERS.--
A. The secretary is responsible to the governor for the operation of the department. It is [his] the secretary's duty to manage all operations of the department and to administer and enforce the laws with which [he] the secretary or the department is charged.
B. To perform [his] the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:
(1) except as otherwise provided in the Department of Public Safety Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations; provided that the secretary shall not reduce positions for the seventy-sixth fiscal year budgeted in the General Appropriation Act of 1987 except for cause, by attrition or by occurrence of a vacancy;
(2) except as otherwise provided in the Department of Public Safety Act, serve as the coordinating officer for all departments or agencies and all department and agency employees required to provide services after an emergency has been declared by the governor;
[(2)] (3) delegate authority to subordinates as [he] the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;
[(3)] (4) organize the department into those organizational units [he] the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;
[(4)] (5) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge [his] the secretary's duties;
[(5)] (6) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law with the administration or execution of which [he] the secretary is responsible and to enforce those orders and instructions by appropriate administrative action [or actions] in the court;
[(6)] (7) conduct research and studies that will improve the operation of the department and examine other entities and functions of state government related to public safety for purposes of possible transfer to the department;
[(7)] (8) 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)] (9) prepare an annual budget of the department;
[(9)] (10) 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, recordkeeping and related clerical assistance to administratively attached agencies, if any;
[(10)] (11) appoint, with the governor's consent, for each division, a director. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary;
[(11)] (12) appoint the director of the New Mexico law enforcement academy, subject to the approval of the New Mexico law enforcement academy board;
[(12)] (13) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require division directors to each give bond in the penal sum of ten thousand dollars ($10,000), conditioned upon the faithful performance of duties as provided in the Surety Bond Act, with the department paying the cost of such bonds; and
[(13)] (14) require performance bonds of such employees and officers as [he] the secretary deems necessary as provided in the Surety Bond Act, with the department paying the costs of such bonds.
C. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including but not limited to United States government funds, available to the department to carry out its programs, duties or services.
D. Where functions of departments overlap or a function assigned to one department could better be performed by another department, the secretary may recommend appropriate legislation to the next session of the legislature for its approval.
E. The secretary may make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions. No rule or regulation promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary unless otherwise provided by statute. Unless otherwise provided by statute, no regulation affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by [him] the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the regulation, 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 regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state 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.
F. All rules and regulations shall be filed in accordance with the State Rules Act."
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 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 former 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 New Mexico 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 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] department.
G. The homeland security and emergency management division shall consist of functions formerly exercised by the homeland security and emergency management department, including:
(1) coordinating the homeland security and emergency management efforts of all state and local government agencies, as well as enlisting cooperation from private entities such as health care providers;
(2) applying for and accepting federal funds for homeland security, administering the funds and developing criteria to allocate grants to local governments, tribes, state agencies and other qualified entities;
(3) acting as a liaison between federal, state and local agencies to effect the improved sharing of counterterrorism intelligence;
(4) providing information to the general public and to private businesses that is essential to ensuring their safety and security and providing the governor with timely information relating to emergencies, disasters and acts of terrorism or terrorist threats;
(5) establishing security standards for state facilities and for protection of their occupants and developing plans for the continuity of state government operations in the event of a threat or act of terrorism or other man-made or natural disaster;
(6) identifying the state's critical infrastructures and assisting public and private entities with developing plans and procedures designed to implement the protective actions necessary to continue operations;
(7) coordinating state agency and local government plans for prevention, preparedness and response with a focus on an all-hazards approach;
(8) coordinating 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;
(9) working with emergency response and emergency management programs and providing assistance in developing and conducting terrorism response exercises for emergency responders, government officials, health care providers and others;
(10) coordinating law enforcement's and emergency responders' response to an act of terrorism or a terrorist threat;
(11) developing and maintaining 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
(12) performing such other duties relating to homeland security as may be assigned by the governor or the secretary.
H. The fire marshal division shall consist of functions formerly exercised by the fire marshal division of the public regulation commission and shall include:
(1) the firefighter training academy bureau;
(2) the fire service support bureau;
(3) the fire investigations bureau; and
(4) the fire code enforcement bureau.
I. The enhanced 911 division shall administer the state's enhanced 911 service program pursuant to the Enhanced 911 Act."
SECTION 9. A new section of the Department of Public Safety Act is enacted to read:
"[NEW MATERIAL] COOPERATION WITH FEDERAL GOVERNMENT--AUTHORITY OF SECRETARY--SINGLE STATE AGENCY STATUS.--
A. The homeland security and emergency management division 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 division 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 homeland security and emergency management division or 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 division or 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 10. Section 10-11A-2 NMSA 1978 (being Laws 1983, Chapter 263, Section 2, as amended) is amended to read:
"10-11A-2. DEFINITIONS.--As used in the Volunteer Firefighters Retirement Act:
A. "association" means the public employees retirement association;
B. "board" means the retirement board of the association;
C. "fire department" means a fire department with volunteer members that is certified by the fire marshal division of the [public regulation commission] department of public safety;
D. "fund" means the volunteer firefighters retirement fund; and
E. "member" means a volunteer nonsalaried firefighter who is listed as an active member on the rolls of a fire department and whose first year of service credit was accumulated during or after the year the member attained the age of sixteen. A volunteer firefighter who receives reimbursement for personal out-of-pocket costs shall not be considered a salaried firefighter."
SECTION 11. Section 10-11A-6 NMSA 1978 (being Laws 1983, Chapter 263, Section 6, as amended) is amended to read:
"10-11A-6. DETERMINATION OF SERVICE CREDIT.--
A. A member may claim one year of service credit for each year in which a fire department certifies that the member:
(1) attended fifty percent of all scheduled fire drills for which the fire department held the member responsible to attend;
(2) attended fifty percent of all scheduled business meetings for which the fire department held the member responsible to attend; and
(3) participated in at least fifty percent of all emergency response calls for which the fire department held the member responsible to attend.
B. The chief of each fire department shall submit to the association by March 31 of each year documentation of the qualifications of each member for the preceding calendar year; provided that the chief shall:
(1) submit the documentation on forms provided by the association;
(2) acknowledge the truth of the records under oath before a notary public; and
(3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the county commission, if distributions from the fire protection fund for the fire department are made to a county fire district.
C. For service credit that has been earned, but not credited pursuant to Subsection B of this section, a member may post or adjust service credit earned for one or more calendar years beginning on or after January 1, 1979; provided that the member shall:
(1) file with the association a completed "Corrected Qualification Record" or "Adjusted Qualification Record" as prescribed by the board;
(2) acknowledge the truth of the records under oath before a notary public; and
(3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the county commission, if distributions from the fire protection fund for the fire department are made to a county fire district.
D. The association may request the fire marshal division of the [public regulation commission] department of public safety to verify member qualifications submitted to the association."
SECTION 12. Section 12-10-4 NMSA 1978 (being Laws 1959, Chapter 190, Section 5, as amended) is amended to read:
"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 division of the department of public safety 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;
(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 political subdivisions of the state."
SECTION 13. 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 division of the department of public safety."
SECTION 14. 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 division of the department of public safety 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] division or to the local coordinators of all hazard emergency management throughout the state upon request."
SECTION 15. Section 12-10-11 NMSA 1978 (being Laws 2002, Chapter 83, Section 2, as amended) 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 division of the department of public safety, 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 16. Section 12-10-13 NMSA 1978 (being Laws 2002, Chapter 83, Section 4, as amended) 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 division of the department of public safety, 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 17. Section 12-10A-3 NMSA 1978 (being Laws 2003, Chapter 218, Section 3, as amended) is amended to read:
"12-10A-3. DEFINITIONS.--As used in the Public Health Emergency Response Act:
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 the homeland security and emergency management division of the department of public safety 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 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 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 of health or the secretary's designee;
K. "secretary of public safety" means the secretary of public safety 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 18. Section 12-10B-1 NMSA 1978 (being Laws 2006, Chapter 97, Section 1) is amended to read:
"12-10B-1. SHORT TITLE.--[This act] Chapter 12, Article 10B NMSA 1978 may be cited as the "Intrastate Mutual Aid Act"."
SECTION 19. Section 12-10B-2 NMSA 1978 (being Laws 2006, Chapter 97, Section 2) is amended to read:
"12-10B-2. DEFINITIONS.--As used in the Intrastate Mutual Aid Act:
[A. "committee" means the intrastate mutual aid committee;
B.] A. "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from a natural or artificial cause, including tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, accidents involving radioactive or hazardous materials, bioterrorism or incidents involving weapons of mass destruction;
B. "division" means the homeland security and emergency management division of the department of public safety;
C. "emergency" means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize;
D. "member jurisdiction" means the state, through the office of the governor or the governor's designee, a political subdivision or an Indian nation, tribe or pueblo that participates in the system;
E. "political subdivision" means a county or a municipality; and
F. "system" means the intrastate mutual aid system."
SECTION 20. Section 12-10B-3 NMSA 1978 (being Laws 2006, Chapter 97, Section 3) is amended to read:
"12-10B-3. [COMMITTEE CREATED--MEMBERSHIP--MEETINGS] DIVISION DUTIES [EXPENSES].--
[A. The "intrastate mutual aid committee" is created. The committee shall consist of eleven members appointed by the governor, including a representative of the department of public safety and the governor's homeland security advisor who shall be a permanent member and the presiding officer of the committee. The members shall represent emergency management and response disciplines, political subdivisions and, if participating, Indian nations, tribes or pueblos. Appointments shall be made for terms expiring four years from the date of appointment. The committee shall elect from among its members a vice-presiding officer and any other officers the committee deems appropriate. The committee shall meet at least annually and may meet at the call of the presiding officer or as otherwise called by seven of its members. The committee shall be attached to the department of public safety for administrative purposes only.
B.] The [committee] division shall:
[(1)] A. review the progress and status of intrastate mutual aid;
[(2)] B. assist in developing methods to track and evaluate activation of the system;
[(3)] C. examine issues facing member jurisdictions in the implementation of intrastate mutual aid;
[(4)] D. develop, adopt and disseminate comprehensive guidelines and procedures that address the following:
[(a)] (1) projected or anticipated costs of establishing and maintaining the system;
[(b)] (2) checklists for requesting and providing intrastate mutual aid;
[(c)] (3) recordkeeping for member jurisdictions; and
[(d)] (4) procedures for reimbursing the actual and legitimate expenses of a member jurisdiction that responds to a request for aid through the system; and
[(5)] E. adopt other guidelines or procedures considered necessary by the [committee] division to implement an effective and efficient system.
[C. Members of the committee shall not be paid for participating in committee meetings and activities; however:
(1) members representing the state, its agencies or political subdivisions shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act paid by their sponsors;
(2) members representing the private sector shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act paid by the department of public safety; and
(3) members representing Indian nations, tribes or pueblos may be compensated or reimbursed as provided by the tribal government they represent.]"
SECTION 21. Section 12-10B-4 NMSA 1978 (being Laws 2006, Chapter 97, Section 4) is amended to read:
"12-10B-4. INTRASTATE MUTUAL AID SYSTEM--INITIAL PARTICIPATION--WITHDRAWAL.--
A. The "intrastate mutual aid system" is created. The system, pursuant to the Intrastate Mutual Aid Act, is composed of and may be described as:
(1) member jurisdictions and action taken by a member jurisdiction;
(2) the [committee] division and action taken by the [committee] division;
(3) guidelines and procedures;
(4) action taken with respect to requesting aid for an emergency or disaster; and
(5) action taken with respect to responding to a request for aid for an emergency or disaster.
B. The state and, except as provided in Subsection D of this section, every political subdivision of the state is part of the system.
C. An Indian nation, tribe or pueblo located within the boundaries of the state may become a member jurisdiction upon:
(1) adoption by the tribal government of a resolution declaring the tribe's desire to be a member jurisdiction and to comply with the provisions of the Intrastate Mutual Aid Act and the guidelines and procedures adopted by the [committee] division; and
(2) receipt by the [emergency planning and coordination bureau of the department of public safety] division of a copy of the resolution.
D. A member jurisdiction other than the state may elect not to participate in or to withdraw from the system upon:
(1) adopting a resolution or ordinance declaring that the member jurisdiction elects not to participate in or to withdraw from the system; and
(2) receipt by the [emergency planning and coordination bureau of the department of public safety] division of a copy of the resolution or ordinance.
E. This section does not preclude a member jurisdiction from entering into any other agreement with another political subdivision or Indian nation, tribe or pueblo, to the extent provided by law, and does not affect any other agreement to which a political subdivision is a party or may become a party."
SECTION 22. Section 12-10B-8 NMSA 1978 (being Laws 2006, Chapter 97, Section 8) is amended to read:
"12-10B-8. REIMBURSEMENT--DISPUTE RESOLUTION.--
A. A requesting member jurisdiction shall reimburse, to the extent permitted by law, each member jurisdiction that responds to a request for aid and renders aid under the system, unless the responding member jurisdiction donates all or a portion of the cost of the aid to the requesting member jurisdiction.
B. A request for reimbursement shall be in accordance with procedures developed by the [committee] division.
C. If a dispute regarding reimbursement arises between a member jurisdiction that requested aid under the system and a member jurisdiction that provided aid under the system, they shall make every effort to resolve the dispute within thirty days of written notice of the dispute given by the member jurisdiction raising the dispute to the other member jurisdiction. If the dispute is not resolved within ninety days from the date of the written notice, either member jurisdiction may:
(1) request the department of finance and administration to resolve the dispute; or
(2) if one of the disputing member jurisdictions is an Indian nation, tribe or pueblo, request arbitration pursuant to the commercial arbitration rules and mediation procedures of the American arbitration association." SECTION 23. A new section of the Intrastate Mutual Aid Act is enacted to read:
"[NEW MATERIAL] DUTIES OF INTRASTATE MUTUAL AID COMMITTEE TO DIVISION.--Beginning July 1, 2011, the division shall assume the duties of the intrastate mutual aid committee. All rules of the intrastate mutual aid committee shall remain in force unless the division repeals or amends them."
SECTION 24. Section 12-10D-1 NMSA 1978 (being Laws 2009, Chapter 111, Section 1) is amended to read:
"12-10D-1. SHORT TITLE.--[This act] Chapter 12, Article 12D NMSA 1978 may be cited as the "Emergency Communications Interoperability Act"."
SECTION 25. Section 12-10D-2 NMSA 1978 (being Laws 2009, Chapter 111, Section 2) is amended to read:
"12-10D-2. DEFINITIONS.--As used in the Emergency Communications Interoperability Act:
A. "department" or "division" means the homeland security and emergency management division of the department of public safety;
B. "first responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency, including but not limited to:
(1) a law enforcement officer;
(2) a firefighter or certified volunteer firefighter; and (3) an emergency medical services provider;
C. "infrastructure equipment" means the underlying fixed equipment required to establish interoperable communications between radio systems used by local, state, tribal and federal agencies and first responders; and
D. "interoperability" means coordination of critical information communication systems or networks, including radio and emergency coordination information equipment, that are consistently operable with all relevant local, state, tribal and federal agencies and first responders."
SECTION 26. Section 12-10D-3 NMSA 1978 (being Laws 2009, Chapter 111, Section 3) is amended to read:
"12-10D-3. INTEROPERABILITY PLANNING COMMISSION--CREATED.--
A. The "interoperability planning commission" is created and administratively attached to the department.
B. The interoperability planning commission is a permanent advisory commission created to advise and support the department on emergency response and homeland security activities relating to interoperability, the obtaining of funding and the use of available funding.
C. The commission consists of twelve members, including:
(1) the lieutenant governor;
(2) the [homeland security advisor] director of the division;
(3) the secretary of information technology or the secretary's designee;
(4) the adjutant general or a representative from the department of military affairs;
(5) the secretary of energy, minerals and natural resources or the secretary's designee;
(6) the state fire marshal or the fire marshal's designee;
(7) the secretary of Indian affairs or the secretary's designee;
(8) the secretary of transportation or the secretary's designee;
(9) the secretary of health or the secretary's designee;
(10) the secretary of public safety or the secretary's designee;
(11) the executive director of the New Mexico municipal league or the executive director's designee; and
(12) the executive director of the New Mexico association of counties or the executive director's designee.
D. The commission shall appoint a chair and vice chair from among its members. The commission shall meet at the call of the chair but no less than two times each year.
E. Members of the commission, or their designees, who are not supported by public money may be reimbursed for per diem and mileage pursuant to the Per Diem and Mileage Act, but shall not receive any other compensation, perquisite or allowance."
SECTION 27. A new section of the Emergency Communications Interoperability Act is enacted to read:
"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The interoperability planning commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Sections 12-10D-3 and 12-10D-4 NMSA 1978 until July 1, 2016. Effective July 1, 2016, Sections 12-10D-3 and 12-10D-4 NMSA 1978 are repealed."
SECTION 28. Section 12-12-19 NMSA 1978 (being Laws 1983, Chapter 80, Section 3, as amended) 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;
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" or "division" means the homeland security and emergency management division of the department of public safety;
G. "director" means the director of the division;
[G.] H. "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.] I. "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.] J. "hazardous materials" means hazardous substances, radioactive materials or a combination of hazardous substances and radioactive materials;
[J.] K. "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.] L. "orphan hazardous materials" means hazardous substances, radioactive materials, a combination of hazardous substances and radioactive materials or substances used in the manufacture of controlled substances in violation of the Controlled Substances Act where an owner of the substances or materials cannot be identified;
[L.] M. "plan" means the statewide hazardous materials emergency response plan;
[M.] N. "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.] O. "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.] P. "secretary" or "state director" means the [state] director of [homeland security and emergency management] the division."
SECTION 29. Section 12-12-21 NMSA 1978 (being Laws 1983, Chapter 80, Section 5, as amended by Laws 2007, Chapter 290, Section 11 and by Laws 2007, Chapter 291, Section 29) 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 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 protocol or reporting structure with the department of information technology, the person shall immediately notify Santa Fe control, [who] which 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
(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] marshal division of the department of public safety for assistance with any accident involving hazardous materials;
(4) the office of injury prevention [and emergency medical services bureau] of the public health division of the department of health for assistance with accidents involving casualties;
(5) the homeland security and emergency management division of the department of public safety 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 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] division. The [state] director shall assign the administrator's duties."
SECTION 31. Section 12-12A-1 NMSA 1978 (being Laws 2008, Chapter 47, Section 1) is amended to read:
"12-12A-1. SHORT TITLE.--[This act] Chapter 12, Article 12A NMSA 1978 may be cited as the "Uniform Emergency Volunteer Health Practitioners Act"."
SECTION 32. Section 12-12A-2 NMSA 1978 (being Laws 2008, Chapter 47, Section 2) is amended to read:
"12-12A-2. DEFINITIONS.--As used in the Uniform Emergency Volunteer Health Practitioners Act:
A. "disaster relief organization" means an entity that provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners and that:
(1) is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or the [homeland security and emergency management department] division; or
(2) regularly plans and conducts its activities in coordination with an agency of the federal government or the [homeland security and emergency management department] division;
B. "division" means the homeland security and emergency management division of the department of public safety;
[B.] C. "emergency" means an event or condition that is an emergency, disaster, public health emergency or similar event or condition pursuant to the laws of this state;
[C.] D. "emergency declaration" means a declaration of emergency issued by a person authorized to do so pursuant to the laws of this state;
[D.] E. "Emergency Management Assistance Compact" means the interstate compact approved by congress by Public Law No. 104-321, 110 Stat. 3877 and codified at Sections 12-10-14 and 12-10-15 NMSA 1978;
[E.] F. "entity" means a person other than an individual;
[F.] G. "health facility" means an entity licensed pursuant to the laws of this or another state to provide health or veterinary services;
[G.] H. "health practitioner" means an individual licensed pursuant to the laws of this or another state to provide health or veterinary services;
[H.] I. "health services" means the provision of treatment, care, advice or guidance, or other services or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
(1) the following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
(a) preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care; and
(b) counseling, assessment, procedures or other services;
(2) the sale or dispensing of a drug, a device, equipment or another item to an individual in accordance with a prescription; and
(3) funeral, cremation, cemetery or other mortuary services;
[I.] J. "host entity" means an entity operating in this state that uses volunteer health practitioners to respond to an emergency;
[J.] K. "license" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization. "License" includes authorization pursuant to the laws of this state to an individual to provide health or veterinary services based upon a national certification issued by a public or private entity;
[K.] L. "person" means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity;
[L.] M. "scope of practice" means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority;
[M.] N. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States;
[N.] O. "veterinary services" means the provision of treatment, care, advice or guidance, or other services or supplies, related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
(1) the diagnosis, treatment or prevention of an animal disease, injury or other physical or mental condition by the prescription, administration or dispensing of a vaccine, medicine, surgery or therapy;
(2) the use of a procedure for reproductive management; and
(3) the monitoring and treatment of animal populations for diseases that have spread or demonstrate the potential to spread to humans; and
[O.] P. "volunteer health practitioner" means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. "Volunteer health practitioner" does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate that requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster relief organization providing services in this state while an emergency declaration is in effect."
SECTION 33. Section 12-12A-4 NMSA 1978 (being Laws 2008, Chapter 47, Section 4) is amended to read:
"12-12A-4. REGULATION OF SERVICES DURING EMERGENCY.--
A. While an emergency declaration is in effect, the [homeland security and emergency management department] division may limit, restrict or otherwise regulate:
(1) the duration of practice by volunteer health practitioners;
(2) the geographical areas in which volunteer health practitioners may practice;
(3) the types of volunteer health practitioners who may practice; and
(4) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
B. An order issued pursuant to Subsection A of this section may take effect immediately, without prior notice or comment.
C. A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(1) consult and coordinate its activities with the [homeland security and emergency management department] division to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2) comply with any laws other than the Uniform Emergency Volunteer Health Practitioners Act relating to the management of emergency health or veterinary services, including the Emergency Medical Services Act and the All Hazard Emergency Management Act."
SECTION 34. Section 12-12A-5 NMSA 1978 (being Laws 2008, Chapter 47, Section 5) is amended to read:
"12-12A-5. VOLUNTEER HEALTH PRACTITIONER REGISTRATION SYSTEMS.--
A. To qualify as a volunteer health practitioner registration system, a system shall:
(1) accept applications for the registration of volunteer health practitioners before or during an emergency;
(2) include information about the licensure and good standing of health practitioners that is accessible by authorized persons;
(3) be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided pursuant to the Uniform Emergency Volunteer Health Practitioners Act; and
(4) meet one of the following conditions:
(a) be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the health resources services administration pursuant to Section 319I of the federal Public Health Service Act, 42 U.S.C. Section 247d-7b, as amended;
(b) be a local unit consisting of trained and equipped emergency response, public health and medical personnel formed pursuant to Section 2801 of the Public Health Service Act, 42 U.S.C. Section 300hh, as amended;
(c) be operated by a: 1) disaster relief organization; 2) licensing board; 3) national or regional association of licensing boards or health practitioners; 4) health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or 5) governmental entity; or
(d) be designated by the [homeland security and emergency management department] division as a registration system for purposes of the Uniform Emergency Volunteer Health Practitioners Act.
B. While an emergency declaration is in effect, the [homeland security and emergency management department] division, a person authorized to act on behalf of the [homeland security and emergency management department] division or a host entity may confirm whether volunteer health practitioners used in this state are registered with a registration system that complies with Subsection A of this section. Confirmation is limited to obtaining identities of the volunteer health practitioners from the system and determining whether the system indicates that the volunteer health practitioners are licensed and in good standing.
C. Upon request of a person in this state authorized pursuant to Subsection B of this section or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the volunteer health practitioners are licensed and in good standing.
D. A host entity is not required to use the services of a volunteer health practitioner even if the volunteer health practitioner is registered with a registration system that indicates that the volunteer health practitioner is licensed and in good standing."
SECTION 35. Section 12-12A-8 NMSA 1978 (being Laws 2008, Chapter 47, Section 8) is amended to read:
"12-12A-8. PROVISION OF VOLUNTEER HEALTH OR VETERINARY SERVICES--ADMINISTRATIVE SANCTIONS.--
A. Subject to Subsections B and C of this section, a volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts or other laws of this state.
B. Except as otherwise provided in Subsection C of this section, the Uniform Emergency Volunteer Health Practitioners Act does not authorize a volunteer health practitioner to provide services that are outside the volunteer health practitioner's scope of practice, even if a similarly licensed practitioner in this state would be permitted to provide the services.
C. The [homeland security and emergency management department] division may modify or restrict the health or veterinary services that volunteer health practitioners may provide pursuant to the Uniform Emergency Volunteer Health Practitioners Act. An order pursuant to this subsection may take effect immediately, without prior notice or comment.
D. A host entity may restrict the health or veterinary services that a volunteer health practitioner may provide pursuant to the Uniform Emergency Volunteer Health Practitioners Act. E. A volunteer health practitioner [does not engage] shall not be considered to be engaged in unauthorized practice unless the volunteer health practitioner has reason to know of any limitation, modification or restriction pursuant to the provisions of this section or that a similarly licensed practitioner in this state would not be permitted to provide the services. A volunteer health practitioner has reason to know of a limitation, modification or restriction or that a similarly licensed practitioner in this state would not be permitted to provide a service if:
(1) the volunteer health practitioner knows that the limitation, modification or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service; or
(2) from all the facts and circumstances known to the volunteer health practitioner at the relevant time, a reasonable person would conclude that the limitation, modification or restriction exists or that a similarly licensed practitioner in this state would not be permitted to provide the service.
F. In addition to the authority granted by law of this state other than the Uniform Emergency Volunteer Health Practitioners Act to regulate the conduct of health practitioners, a licensing board or other disciplinary authority in this state:
(1) may impose administrative sanctions upon a health practitioner licensed in this state for conduct outside of this state in response to an out-of-state emergency;
(2) may impose administrative sanctions upon a health practitioner not licensed in this state for conduct in this state in response to an in-state emergency; and
(3) shall report any administrative sanctions imposed upon a health practitioner licensed in another state to the appropriate licensing board or other disciplinary authority in any other state in which the practitioner is known to be licensed.
G. In determining whether to impose administrative sanctions pursuant to Subsection F of this section, a licensing board or other disciplinary authority shall consider the circumstances in which the conduct took place, including any exigent circumstances, and the health practitioner's scope of practice, education, training, experience and specialized skill."
SECTION 36. Section 12-12A-10 NMSA 1978 (being Laws 2008, Chapter 47, Section 10) is amended to read:
"12-12A-10. REGULATORY AUTHORITY.--The [homeland security and emergency management department] division may promulgate rules to implement the Uniform Emergency Volunteer Health Practitioners Act. In doing so, the [homeland security and emergency management department] division shall consult with and consider the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact and shall also consult with and consider rules promulgated by similarly empowered agencies in other states to promote uniformity of application of the Uniform Emergency Volunteer Health Practitioners Act and make the emergency response systems in the various states reasonably compatible."
SECTION 37. Section 15-8-6 NMSA 1978 (being Laws 1994, Chapter 119, Section 6, as amended by Laws 2009, Chapter 8, Section 1 and by Laws 2009, Chapter 129, Section 1 and also by Laws 2009, Chapter 250, Section 6) is amended to read:
"15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT PLATES.--
A. The division shall adopt rules governing the use of vehicles used by state agencies or by other persons pursuant to Subsection G of this section, including driver requirements and responsibilities, under what circumstances someone can be assigned a state vehicle on a permanent or semipermanent basis and when custody of a state vehicle can be vested in another state agency.
B. The division may determine that it is impractical to retain custody of certain state vehicles, and it may provide that custody reside in another state agency in the following cases:
(1) the state vehicle is used for emergency or law enforcement purposes; or
(2) the state vehicle is a department of transportation, energy, minerals and natural resources department, department of game and fish or homeland security and emergency management division of the department of public safety passenger vehicle, truck or tractor or heavy road equipment.
C. Except as provided in Subsections E and F of this section, all state vehicles shall be marked as state vehicles. Each side of the vehicle shall be marked, in letters not less than two inches in height, with the following designation of ownership: "State of New Mexico,...... Department" or "State of New Mexico Department of ........." and naming the department using the vehicle.
D. Except as provided in Subsections E and F of this section, all state vehicles shall have specially designed government registration plates.
E. Only state vehicles used for legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C and D of this section. All other state vehicles owned or in the custody of state agencies that have law enforcement functions shall be marked and have state government registration plates.
F. A state agency may seek custody of state vehicles as an exception to Subsection B of this section or an exemption to the provisions of Subsection C of this section by making a written request to the director, specifying the reasons for the proposed custody or exemption. The director may approve the custody or exemption, in writing, indicating the duration and any conditions of the custody or exemption.
G. The division shall adopt rules permitting individuals enrolled in the state's adaptive driving program to use special-use state vehicles for evaluation and training purposes in that program."
SECTION 38. Section 29-3-10 NMSA 1978 (being Laws 2006, Chapter 104, Section 1) is amended to read:
"29-3-10. DNA COLLECTION FROM PERSONS ARRESTED.--
A. A person eighteen years of age or over who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall provide a DNA sample to jail or detention facility personnel upon booking. A sample is not required if it is determined that a sample has previously been taken, is in the possession of the administrative center, has not been expunged pursuant to the DNA Identification Act and is sufficient for DNA identification testing.
B. Jail or detention facility personnel who collect samples pursuant to this section shall forward the samples to the administrative center.
C. Samples shall be collected in accordance with rules and procedures adopted by the [DNA oversight committee] department of public safety, shall be subject to the confidentiality and penalty provisions of the DNA Identification Act and shall be used only as authorized by that act.
D. As used in this section:
(1) "administrative center" means the law enforcement agency or unit that administers and operates the DNA identification system pursuant to the provisions of the DNA Identification Act;
(2) "DNA" means deoxyribonucleic acid;
(3) "felony" means:
(a) a sex offense as defined in the provisions of Section 29-11A-3 NMSA 1978 that is a felony; or
(b) any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking, use of a firearm or an explosive or a violation pursuant to the Antiterrorism Act; and
(4) "sample" means a sample of biological material that is sufficient for DNA testing."
SECTION 39. Section 29-6-2 NMSA 1978 (being Laws 1941, Chapter 149, Section 3, as amended) is amended to read:
"29-6-2. [BOARD OF DIRECTORS--ELECTIONS] DEPARTMENT DUTIES--COMMISSIONS.--
A. The control, management, supervision and power of internal organization of the New Mexico mounted patrol is vested in [a board of directors composed of not less than one member from each troop of the New Mexico mounted patrol elected by the members of the organization to serve for a term of two years and until their successors are duly elected and qualified. The first election hereunder shall be held and conducted at such time and pursuant to such rules promulgated by the governor. Succeeding elections shall be pursuant to rules and regulations promulgated by the qualified and active board of directors] the department of public safety. The department of public safety shall enact rules for the government, control, management, supervision and internal organization of the mounted patrol and to provide for selection of troopers and such officers and noncommissioned officers as may be necessary to command the various units or troops.
B. The [director] chief of the New Mexico state police may, at the expense of members of the New Mexico mounted patrol, execute and deliver to each member of the mounted patrol proper pocket commissions as emergency and voluntary state police; the [same] commissions to be effective only upon specific request of the New Mexico state police in each instance of service. [Such] The commissions shall bear the written approval of the governor of New Mexico [such]. The commissions shall automatically expire and new ones be issued and delivered upon each change [in the directorship] of chief of the New Mexico state police or the governorship."
SECTION 40. A new section of Chapter 29, Article 6 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DUTIES OF MOUNTED PATROL BOARD OF DIRECTORS TO THE DEPARTMENT OF PUBLIC SAFETY.--Beginning July 1, 2011, the department of public safety shall assume the duties of the mounted patrol board of directors. All rules of the mounted patrol board of directors shall remain in force unless the department repeals or amends them."
SECTION 41. Section 29-11A-5 NMSA 1978 (being Laws 1995, Chapter 106, Section 5, as amended by Laws 2007, Chapter 68, Section 2 and by Laws 2007, Chapter 69, Section 6) is amended to read:
"29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--PARTICIPATION IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--
A. A county sheriff shall maintain a local registry of sex offenders in the sheriff's jurisdiction required to register pursuant to the provisions of the Sex Offender Registration and Notification Act.
B. The county sheriff shall forward:
(1) registration information obtained from sex offenders to the department of public safety. The initial registration information and any new registration information subsequently obtained from a sex offender shall be forwarded by the county sheriff no later than ten working days after the information is obtained from a sex offender. If the department of public safety receives information regarding a sex offender from a governmental entity other than a county sheriff, the department shall send that information to the sheriff for the county in which the sex offender resides; and
(2) samples of DNA obtained from sex offenders to the administrative center for the sex offender DNA identification system pursuant to the provisions of the DNA Identification Act.
C. The department of public safety shall maintain a central registry of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The department shall participate in the national sex offender registry administered by the United States department of justice. The department shall send conviction information and fingerprints for all sex offenders registered in New Mexico to the national sex offender registry administered by the United States department of justice and to the federal bureau of investigation.
D. The department of public safety shall retain registration information regarding a sex offender convicted for any of the following sex offenses for the entirety of the sex offender's natural life:
(1) aggravated criminal sexual penetration or criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;
(2) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section
30-9-13 NMSA 1978;
(3) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978;
(4) kidnapping, as provided in Section 30-4-1 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
(5) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978; or
(6) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (5) of this subsection, as provided in Section 30-28-1 NMSA 1978.
E. The department of public safety shall retain registration information regarding a sex offender convicted for the following offenses for a period of ten years following the sex offender's conviction, release from prison or release from probation or parole, whichever occurs later:
(1) criminal sexual penetration in the fourth degree, as provided in Section 30-9-11 NMSA 1978;
(2) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978;
(3) false imprisonment, as provided in Section 30-4-3 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
(4) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;
(5) enticement of child, as provided in Section 30-9-1 NMSA 1978;
(6) incest, as provided in Section 30-10-3 NMSA 1978, when the victim is less than eighteen years of age;
(7) solicitation to commit criminal sexual contact of a minor in the second, third or fourth degree, as provided in Sections 30-9-13 and 30-28-3 NMSA 1978; (8) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978; or
(9) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (6) of this subsection, as provided in Section 30-28-1 NMSA 1978.
F. Notwithstanding the provisions of Subsection E of this section, if a sex offender is convicted a second or subsequent time for a sex offense set forth in that subsection, the department of public safety shall retain information regarding the sex offender for the entirety of the sex offender's natural life.
G. The department of public safety shall adopt rules necessary to carry out the provisions of the Sex Offender Registration and Notification Act. Rules necessary for the collection of DNA samples and the administration and operation of the sex offender DNA identification system shall be adopted by the [DNA identification system oversight committee] department pursuant to the provisions of the DNA Identification Act."
SECTION 42. Section 29-12A-1 NMSA 1978 (being Laws 2003, Chapter 249, Section 1) is amended to read:
"29-12A-1. SHORT TITLE.--[This act] Chapter 29, Article 12A NMSA 1978 may be cited as the "Crime Stoppers Act"."
SECTION 43. Section 29-12A-4 NMSA 1978 (being Laws 2003, Chapter 249, Section 4) is amended to read:
"29-12A-4. CONFIDENTIALITY OF RECORDS.--
A. Evidence of a communication between a person submitting a report to a local crime stoppers program and the person accepting the report on behalf of the program is not admissible in a court or an administrative proceeding, except as provided in Subsection B of this section.
B. Records and reports of a local crime stoppers program are confidential and shall not be produced before a court or other tribunal, except on a motion by:
(1) a criminal defendant claiming that a record or report contains specific evidence that is exculpatory to the defendant on trial for that offense; or
(2) a person in civil court who has been exonerated of a criminal charge that was filed as a result of a report to a local crime stoppers program, and denial of access to a record or report would leave the person without the ability to offer prima facie proof that a legal injury was suffered through the wrongful acts of another.
C. Upon motion made pursuant to Subsection B of this section, a court may subpoena a record or report, but shall conduct an in camera inspection of the materials produced to determine whether there is evidence as alleged to warrant disclosure pursuant to Subsection B of this section. If the court finds such evidence, the court shall determine how much of the evidence to disclose and whether the identity of the person who submitted the report to the local crime stoppers program must be disclosed.
D. The court shall protect the identity of a person who submits a report to a local crime stoppers program as it would protect the identity of a confidential police informer.
E. A local crime stoppers program shall be certified by the [crime stoppers advisory council] department of public safety before it can claim confidentiality under this section."
SECTION 44. Section 29-16-3 NMSA 1978 (being Laws 1997, Chapter 105, Section 3, as amended) is amended to read:
"29-16-3. DEFINITIONS.--As used in the DNA Identification Act:
A. "administrative center" means the part of a national DNA index system qualified New Mexico crime laboratory that administers and operates the DNA identification system;
B. "CODIS" means the federal bureau of investigation's national DNA index system for storage and exchange of DNA records submitted by forensic DNA laboratories;
C. "covered offender" means any person convicted of a felony offense as an adult pursuant to state, federal or military law or convicted as an adult pursuant to youthful offender or serious youthful offender proceedings under the Children's Code or a sex offender required to register pursuant to the provisions of the Sex Offender Registration and Notification Act;
D. "department" means the department of public safety;
E. "DNA" means deoxyribonucleic acid as the basis of human heredity;
F. "DNA identification system" means the DNA identification system established pursuant to the DNA Identification Act;
[G. "DNA oversight committee" means the DNA identification system oversight committee;
H.] G. "DNA records" means the results of DNA testing and related information;
[I.] H. "DNA testing" means a forensic DNA analysis that includes restriction fragment length polymorphism, polymerase chain reaction or other valid methods of DNA typing performed to obtain identification characteristics of samples;
[J.] I. "fund" means the DNA identification system fund;
[K.] J. "missing persons DNA identification system" means the missing persons DNA identification system established by the DNA Identification Act;
[L.] K. "sample" means a sample of biological material sufficient for DNA testing; and
[M.] L. "sex offender DNA identification system" means the sex offender DNA identification system established by the DNA Identification Act."
SECTION 45. Section 29-16-4 NMSA 1978 (being Laws 1997, Chapter 105, Section 4, as amended) is amended to read:
"29-16-4. ADMINISTRATIVE CENTER--POWERS AND DUTIES--TRANSFER TO OTHER LAW ENFORCEMENT AGENCY.--
A. The administrative center shall be an appropriate unit of the department or such other qualified New Mexico law enforcement agency as the secretary of public safety may designate in accordance with this section that meets the requirements for participation in the national DNA index system.
B. The administrative center shall:
(1) establish and administer the DNA identification system. The DNA identification system shall provide for collection, storage, DNA testing, maintenance and comparison of samples and DNA records for forensic and humanitarian purposes. Those purposes shall include generation of investigative leads, statistical analysis of DNA profiles and identification of missing persons and unidentified human remains. Procedures used for DNA testing shall be compatible with the procedures the federal bureau of investigation has specified, including comparable test procedures, laboratory equipment, supplies and computer software. Procedures used shall meet or exceed the provisions of the federal DNA Identification Act of 1994 regarding minimum standards for state participation in CODIS, including minimum standards for the acceptance, security and dissemination of DNA records;
(2) coordinate sample collection activities;
(3) perform or contract for DNA testing;
(4) serve as a repository for samples and DNA records;
(5) act as liaison with the federal bureau of investigation for purposes of CODIS;
(6) adopt rules and procedures governing:
(a) sample collection;
(b) DNA testing;
(c) the DNA identification system and DNA records;
(d) the acceptance, security and dissemination of DNA records; and
(e) communication between local, state and federal law enforcement agencies, the corrections department and local jails and detention facilities in order to minimize duplicate sample collections from the same individual;
(7) provide training to jail and detention facility personnel who are required to collect samples pursuant to Section 29-3-10 NMSA 1978;
(8) be reimbursed for, pursuant to the DNA Identification Act, the costs of sample collection and DNA testing of samples taken for the purposes of the identification of missing persons and unidentified human remains;
(9) establish and administer the missing persons DNA identification system as a part of the DNA identification system; and
(10) establish and administer the sex offender DNA identification system as part of the DNA identification system.
C. The secretary of public safety may designate, pursuant to a joint powers agreement, the crime laboratory of the police department for the largest municipality in a class A county having a population of more than two hundred fifty thousand at the most recent federal decennial census to act as the administrative center.
D. The secretary of public safety may designate, pursuant to a joint powers agreement, any other law enforcement agency to act as administrative center [upon recommendation of five voting members of the DNA oversight committee]."
SECTION 46. Section 29-16-7 NMSA 1978 (being Laws 1997, Chapter 105, Section 7, as amended) is amended to read:
"29-16-7. PROCEDURES FOR COLLECTION OF SAMPLES.--
A. The collection of samples pursuant to the provisions of Section 29-16-6 NMSA 1978 shall be conducted in a medically approved manner in accordance with rules and procedures adopted by the [DNA oversight committee] department.
B. A person who collects samples shall be trained in procedures that meet the requirements and standards specified in Subsection A of this section.
C. A person authorized to collect samples and [his] such person's employer shall be immune from liability in any civil or criminal action with regard to the collection of samples, if the collection is performed without negligence. This subsection shall not be deemed to create any additional liability or waive any immunity of public employees under the Tort Claims Act.
D. Samples shall be stored in accordance with rules and procedures adopted by the administrative center.
E. DNA testing shall be performed by the administrative center or a contract facility it may designate.
F. DNA records and samples shall be securely classified and stored by the administrative center."
SECTION 47. Section 29-16-8 NMSA 1978 (being Laws 1997, Chapter 105, Section 8, as amended) is amended to read:
"29-16-8. CONFIDENTIALITY--DISCLOSURE AND DISSEMINATION OF DNA RECORDS.--
A. DNA records and samples are confidential and shall not be disclosed except as authorized in the DNA Identification Act pursuant to the rules and regulations developed and adopted by the [DNA oversight committee] department.
B. The administrative center shall make DNA records available for identification, comparison and investigative purposes to local, state and federal law enforcement agencies and the state medical investigator pursuant to the rules developed and adopted by the [DNA oversight committee] department. The administrative center may disseminate statistical or research information derived from samples and DNA testing if all personal identification is removed pursuant to the rules developed and adopted by the [DNA oversight committee] department.
C. To minimize duplicate sample collection and testing, the administrative center may make information available, by secure electronic methods, to local, state and federal law enforcement agencies, the corrections department, jails and detention facilities for the purpose of verifying whether a sample has been collected from a specific individual. Information provided under this subsection shall not include DNA testing results."
SECTION 48. Section 29-16-13 NMSA 1978 (being Laws 1997, Chapter 105, Section 13, as amended) is amended to read:
"29-16-13. DNA IDENTIFICATION SYSTEM FUND CREATED--PURPOSES.--
A. The "DNA identification system fund" is created in the state treasury.
B. The fund shall consist of all money received by appropriation, gift or grant, all money collected pursuant to Section 29-16-11 NMSA 1978 and all investment income from the fund.
C. Money and investment income in the fund at the end of any fiscal year shall not revert to the general fund but shall remain in the fund.
D. Money and investment income in the fund is appropriated to the administrative center for expenditure in fiscal year 1998 and subsequent fiscal years for the purposes of the fund.
E. The fund shall be used for the purposes of the DNA Identification Act, including paying the expenses incurred by the administrative center and all other reasonable expenses. The administrative center may use money in the fund for loans or grants of money, equipment or personnel to any law enforcement agency, correctional facility, jail, detention facility, judicial agency, the public defender department or the office of the state medical investigator, upon recommendation of the [DNA oversight committee] department."
SECTION 49. A new section of the DNA Identification Act is enacted to read:
"[NEW MATERIAL] DUTIES OF DNA IDENTIFICATION SYSTEM OVERSIGHT COMMITTEE TO THE DEPARTMENT.--Beginning July 1, 2011, the department shall assume the duties of the DNA identification system oversight committee. All rules of the DNA identification system oversight committee shall remain in force unless the department repeals or amends them."
SECTION 50. Section 59A-52-1 NMSA 1978 (being Laws 1984, Chapter 127, Section 947, as amended) is amended to read:
"59A-52-1. STATE FIRE MARSHAL CREATED.--The position of "state fire marshal" is created as the director of the fire marshal division [under] of the [public regulation commission] department of public safety."
SECTION 51. Section 59A-52-3 NMSA 1978 (being Laws 1984, Chapter 127, Section 949, as amended) is amended to read:
"59A-52-3. DEPUTY STATE FIRE MARSHAL AND OTHER EMPLOYEES--QUALIFICATIONS OF DEPUTY.--The state fire marshal may employ, with the consent of the [chief of staff of the public regulation commission] secretary of public safety, deputy state fire marshals and other employees to assist in the execution of the marshal's duties."
SECTION 52. Section 59A-52-21 NMSA 1978 (being Laws 1984, Chapter 127, Section 967, as amended) is amended to read:
"59A-52-21. ADMINISTRATIVE APPEAL OF ORDERS AND MODIFICATIONS.--Any person aggrieved by any order of the state fire marshal [his] or the marshal's deputy, [or] authorized officer or [his] designated agent [may appeal to the commission] shall have the opportunity to appeal to the secretary of public safety within ten days from the date of the service of [such] the order. The [commission] secretary or the secretary's designee shall hear [such] the party within twenty days after receipt of an appeal request and shall give not less than ten days' written notice of the hearing. Within fifteen days after [such] the hearing, the [commission] secretary shall file [its] a decision and, unless by [its] the secretary's authority the order is revoked or modified, [it] the order shall be complied with within the time fixed in the decision, with such time to be not less than thirty days."
SECTION 53. Section 59A-52-23 NMSA 1978 (being Laws 1984, Chapter 127, Section 969, as amended) is amended to read:
"59A-52-23. ENFORCEMENT OF CEASE AND DESIST ORDERS.--After expiration of time for an administrative appeal, and if no such appeal has been taken, the state fire marshal may commence an action in the district court for Santa Fe county to enforce [the] a cease and desist order by injunction or other appropriate remedy as the district court may adjudge. The [commission] secretary of public safety may likewise commence an action in the district court for Santa Fe county to enforce its decision rendered on appeal from the cease and desist order of the state fire marshal."
SECTION 54. Section 59A-53-6 NMSA 1978 (being Laws 1984, Chapter 127, Section 977, as amended) is amended to read:
"59A-53-6. APPEAL AND REVIEW OF DETERMINATION.--The marshal shall promptly notify each incorporated city, town, village and county fire district affected of [his] the marshal's determination of needs, and an incorporated city, town, village or county fire district may appeal from the determination of the marshal to the [commission] secretary of public safety, within ten days after the determination of needs. The [commission] secretary or the secretary's designee shall review the determination of the marshal in such informal and summary proceedings as [it] the secretary or secretary's designee deems proper and shall certify to the state treasurer annually, on or before the last day of June, the results of all appeals from the determinations of the marshal. The certification by the [commission] secretary, or by the marshal if no appeal is taken, shall be final and binding on all concerned and not subject to any further review."
SECTION 55. Section 59A-53-7 NMSA 1978 (being Laws 1984, Chapter 127, Section 978, as amended) is amended to read:
"59A-53-7. DISTRIBUTION OF FIRE PROTECTION FUND.--
A. Annually on or before the last day of July, the state treasurer shall distribute from the money in the fire protection fund, to each incorporated municipality and to each county fire district, the amount the marshal or the [commission] secretary of public safety, as the case may be, has certified to the state treasurer. Payment shall be made to the treasurer of any incorporated municipality and to the county treasurer of the county in which any county fire district is located for credit to the county fire district.
B. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority in the amount the marshal or the [commission] secretary of public safety, as the case may be, has certified to the state treasurer pursuant to an ordinance or a resolution passed by the municipality or county and a written agreement of the municipality or county in which any county fire district is located and the New Mexico finance authority.
C. In addition to the distributions made pursuant to Subsections A and B of this section, upon certification by the marshal that the balance of the firefighters' survivors fund is less than fifty thousand dollars ($50,000), the state treasurer shall distribute an amount from the fire protection fund to the firefighters' survivors fund so that the balance of the firefighters' survivors fund equals fifty thousand dollars ($50,000)."
SECTION 56. Section 59A-53-19 NMSA 1978 (being Laws 2006, Chapter 103, Section 8, as amended) is amended to read:
"59A-53-19. FIRE PROTECTION GRANT COUNCIL--DUTIES.--
A. The "fire protection grant council" is created. [Subject to the requirements of Subsection B of this section]
The council shall consist of:
(1) a representative of the New Mexico municipal league;
(2) a representative of the New Mexico association of counties;
(3) two members appointed by the [public regulation commission] secretary of public safety, who shall serve at the pleasure of the [commission] secretary; (4) three members, one from each congressional district, appointed by the governor, who shall serve at the pleasure of the governor; and
(5) the marshal, who shall serve as a nonvoting advisory member. The council shall elect a chair and vice chair from its membership.
[B. No appointee to the council shall be a member of the public regulation commission, the superintendent of insurance or any other employee of the commission.
C.] B. The public members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
[D.] C. The council shall develop criteria for assessing the critical needs of municipal and county fire districts for: (1) fire apparatus and equipment;
(2) communications equipment;
(3) equipment for wildfires;
(4) fire station construction or expansion;
(5) equipment for hazardous material response; and
(6) stipends for volunteer firefighters in underserved areas.
[E.] D. Applications for grant assistance from the fire protection grant fund shall be made by fire districts to the council in accordance with the requirements of the council. Using criteria developed by the council, the council shall evaluate applications and prioritize those applications most in need of grant assistance from the fund. To the extent that money in the fund is available, the council shall award grant assistance for those prioritized applications.
[F.] E. In awarding grant assistance, the council may require conditions and procedures necessary to ensure that the money is expended in the most prudent manner.
[G.] F. When considering applications for grant assistance to pay stipends to volunteer firefighters in underserved areas, the council shall:
(1) define "underserved area";
(2) ensure the proposed stipends will comply with the federal Fair Labor Standards Act of 1938 and United States department of labor requirements for maintaining volunteer status;
(3) require a basic level of training before a volunteer may receive a stipend;
(4) consider whether the fire district requires a service commitment from its volunteer firefighters in exchange for stipends; and
(5) weight the applications against other criteria or requirements determined by the council."
SECTION 57. Section 63-9D-3 NMSA 1978 (being Laws 1989, Chapter 25, Section 3, as amended) is amended to read:
"63-9D-3. DEFINITIONS.--As used in the Enhanced 911 Act:
A. "911 emergency surcharge" means the monthly uniform charge assessed on each access line in the state [and], on each active number for a commercial mobile radio service subscriber whose billing address is in New Mexico, on each active number for an interconnected voice over internet protocol provider and on any other consumer purchase of communication services provided by a communication service provider;
B. "911 service area" means the area designated by the fiscal agent or local governing body or the division to receive enhanced 911 service;
C. "access line" means a telecommunications company's line that has the capability to reach local public safety agencies by dialing 911, but does not include a line used for the provision of interexchange services or commercial mobile radio service;
D. "commercial mobile radio service" means service provided by a wireless real-time two-way voice communication device, including:
(1) radio-telephone communications used in cellular telephone service;
(2) the functional or competitive equivalent of radio-telephone communications used in cellular telephone service;
(3) a personal communications service; or
(4) a network radio access line;
E. "commercial mobile radio service provider" means a person who provides commercial mobile radio services, including a person who purchases commercial mobile radio service from a provider and resells that service; F. ["commission" means the public regulation commission] "communication service" means any service that:
(1) uses a telephone line, a wireless real-time two-way voice communication device, interconnected voice over internet protocol address, electronic data networks or protocols or a functional equivalent;
(2) is capable of access to, connecting with or interfacing with the enhanced 911 system; and
(3) provides or enables real-time or interactive communication;
G. "communication service provider" means a person who provides communication services;
[G.] H. "database" means information that is collected, formatted and disseminated and that is necessary for the functioning of the enhanced 911 system, including geographic information system (GIS) addressing and digital mapping information;
[H.] I. "department" means the taxation and revenue department;
[I.] J. "division" means the [local government division of the department of finance and administration] enhanced 911 division of the department of public safety;
K. "emergency services internet protocol network" means an internet-protocol-based, multipurpose network supporting local, regional, state and national public safety communication services in addition to enhanced 911;
[J.] L. "enhanced 911 system" means a landline, emergency services internet protocol network, next generation 911 system or wireless system consisting of network switching equipment, database, mapping and on-premises equipment that uses the single three-digit number 911 for reporting police, fire, medical or other emergency situations, thereby enabling a caller to reach a public safety answering point to report emergencies by dialing 911, and includes the capability to:
(1) selectively route incoming 911 calls to the appropriate public safety answering point operating in a 911 service area;
(2) automatically display the name, address and telephone number of an incoming 911 call on a video monitor at the appropriate public safety answering point;
(3) provide one or more access paths for communications between users at different geographic locations through a network system that may be designed for voice or data, or both, and may feature limited or open access and may employ appropriate analog, digital switching, internet protocol or transmission technologies; and
(4) relay to a designated public safety answering point a 911 caller's number and base station or cell site location and the latitude and longitude of the 911 caller's location in relation to the designated public safety answering point;
[K.] M. "enhanced 911 equipment" means the public safety answering point equipment directly related to the operation of an enhanced 911 system, including automatic number identification or automatic location identification controllers and display units, printers, logging recorders and software associated with call detail recording, call center work stations, training, latitude and longitude base station or cell site location data and GIS equipment necessary to obtain and process vocational map and emergency service zone data for landline, [and] wireless, emergency services internet protocol network and next generation 911 system callers;
[L.] N. "equipment supplier" means a person who provides or offers to provide [telecommunications] communications equipment necessary for the establishment of enhanced 911 services;
[M.] O. "fiscal agent" means the local governing body that administers grants from the fund for a given locality or region by agreement;
[N.] P. "fund" means the enhanced 911 fund;
Q. "interconnected voice over internet protocol provider" means a person who provides interconnected voice over internet protocol services;
R. "interconnected voice over internet protocol service" means a real-time two-way voice communication service that requires:
(1) a broadband connection; and
(2) internet protocol-compatible customer premises equipment;
[O.] S. "local governing body" means the board of county commissioners of a county or the governing body of a municipality as defined in the Municipal Code;
T. "next generation 911 technology" means technology developed as part of the United States department of transportation's next generation 911 technology initiative and intended to:
(1) provide standardized interfaces from call and message services;
(2) process all forms of emergency calls, including non-vocal multimedia messages;
(3) acquire and integrate additional data useful to call routing and handling;
(4) deliver calls, messages and data to the appropriate public safety answering point and other emergency entities;
(5) support data and communications needs for coordinated incident response and management; and
(6) provide a secure environment for emergency communications; [P.] U. "proprietary information" means customer lists, customer counts, technology descriptions or trade secrets, including the actual or development costs of individual components of an enhanced 911 system; provided that such information is designated as proprietary by the [commercial mobile radio] communication service provider [or telecommunications company]; and provided further that "proprietary information" does not include individual payments made by the division or any list of names and identifying information of subscribers who have not paid the surcharge;
[Q.] V. "public safety answering point" means a twenty-four-hour [local] communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency;
[R.] W. "subscriber" means a person who [is a retail purchaser of telecommunications services] purchases communication services from a communication service provider that are capable of originating a 911 call;
[S.] X. "surcharge" means the 911 emergency surcharge;
[T.] Y. "telecommunications company" means a person who provides wire telecommunications services that are capable of originating a 911 call; and
[U.] Z. "vendor" means a person that provides 911 equipment, service or network support."
SECTION 58. Section 63-9D-5 NMSA 1978 (being Laws 1989, Chapter 25, Section 5, as amended) is amended to read:
"63-9D-5. IMPOSITION OF SURCHARGE.--
A. There is imposed a 911 emergency surcharge in the amount of fifty-one cents ($.51) to be billed to each subscriber access line by a [telecommunications company] communication service provider and on each active number for a commercial mobile radio service subscriber [whose billing address is in New Mexico]. The surcharge shall be imposed on all communication service subscribers and commercial mobile radio service subscribers whose place of primary use, as defined in the federal Mobile Telecommunications Sourcing Act, is in New Mexico; provided, however, that the surcharge shall not be imposed upon subscribers receiving reduced rates pursuant to the Low Income Telephone Service Assistance Act.
B. [Commercial mobile radio] Communication service providers shall [be required to] bill and collect the surcharge from their subscribers whose places of primary use, as defined in the federal Mobile Telecommunications Sourcing Act, are in New Mexico. [Telecommunications companies shall be required to bill and collect the surcharge from their subscribers.] The surcharge [required to be collected by the commercial mobile radio service provider, or telecommunications company] shall be added to and stated clearly and separately in the billings to the subscriber. The surcharge collected by the [commercial mobile radio] communication service provider [telecommunications company] shall not be considered revenue of the [commercial mobile radio] communication service provider [or telecommunications company].
C. A billed subscriber is liable for payment of the 911 emergency surcharge until it has been paid to the [commercial mobile radio] communication service provider [or telecommunications company].
D. A [commercial mobile radio] communication service provider [or telecommunications company] has no obligation to take legal action to enforce the collection of the surcharge; an action may be brought by or on behalf of the department. A [commercial mobile radio] communication service provider [or telecommunications company], upon request and not more than once a year, shall provide to the department a list of the surcharge amounts uncollected, along with the names and addresses of subscribers who carry a balance that can be determined by the [commercial mobile radio] communication service provider [or telecommunications company] to be nonpayment of the surcharge. The [commercial mobile radio] communication service provider [or telecommunications company] shall not be held liable for uncollected surcharge amounts.
E. The surcharge shall commence with the first billing period of each communication service subscriber on or [following] after July 1, [2005] 2011."
SECTION 59. A new section of the Enhanced 911 Act is enacted to read:
"[NEW MATERIAL] IMPOSITION OF SURCHARGE ON PREPAID WIRELESS COMMUNICATION SERVICES--COLLECTION--ADMINISTRATION--LIABILITY.--
A. There is imposed a 911 emergency surcharge in the amount of one and eight-tenths percent of each purchase for a prepaid wireless communication service.
B. A seller shall bill and collect the surcharge from the consumer purchasing the prepaid wireless communication service in New Mexico. The purchase of the prepaid wireless communication service is considered purchased in New Mexico if the seller is located in the state or if the transaction for the service is treated as occurring in this state for the purposes of the Gross Receipts and Compensating Tax Act. The surcharge shall be added to and stated clearly and separately in the invoice, receipt or other similar document provided to the consumer or otherwise disclosed to the consumer.
C. The consumer is liable for payment of the surcharge, except that the seller is liable to remit the surcharge collected from a consumer to the department as provided in this section.
D. The amount of the prepaid wireless communication service surcharge shall not be included in the base for measuring any tax, fee or other charge that is imposed by this state, any political subdivision of the state or any intergovernmental agency.
E. The audit and appeal procedures applicable under the Tax Administration Act shall apply to remittance of prepaid wireless communication service surcharges. The department may bring action against a seller to enforce collection of the surcharge.
F. The department shall establish procedures by which a seller may document that a sale does not qualify as a retail transaction. Such procedures shall coincide with the procedures for documenting sale for resale transactions for the Gross Receipts and Compensating Tax Act.
G. No provider or seller of prepaid wireless communication services shall be liable for damages to any person resulting from or incurred in connection with the enhanced 911 services provided, or not provided, or for identifying, or failing to identify, the telephone number, address, location or name associated with any person or device that is accessing or attempting to access enhanced 911 service.
H. No provider or seller of prepaid wireless communication services shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law enforcement officer of the United States, this or any other state or any political subdivision of this or any other state, in connection with any lawful investigation or other law enforcement activity by such law enforcement officer.
I. In addition to the immunity provided in Subsections G and H of this section, each provider and seller of prepaid wireless communication services shall be entitled to the immunity provided in Section 63-9D-10 NMSA 1978.
J. As used in this section:
(1) "consumer" means a person who purchases prepaid wireless communication service, if such purchase is not intended for resale;
(2) "prepaid wireless communication service" means a wireless communication service that allows a caller to access the enhanced 911 system, which service must be paid for in advance and is sold in predetermined units or dollars;
(3) "provider" means a person that provides prepaid wireless communication services pursuant to a license issued by the federal communications commission; and
(4) "seller" means a person who sells prepaid wireless communication services to another person."
SECTION 60. Section 63-9D-7 NMSA 1978 (being Laws 1989, Chapter 25, Section 7, as amended) is amended to read:
"63-9D-7. REMITTANCE OF CHARGES--ADMINISTRATIVE FEE.--
A. The surcharge collected by a communication service provider shall be remitted monthly to the department, which shall administer and enforce collection of the surcharge in accordance with the Tax Administration Act. The surcharge shall be remitted to the department no later than the twenty-fifth day of the month following the month in which the surcharge was imposed. At that time, a return for the preceding month shall be filed with the department in such form as the department and [telecommunications company or commercial mobile radio] the communication service provider shall agree upon. A [telecommunications company or commercial mobile radio] communication service provider required to file a return shall deliver the return together with a remittance of the amount of the surcharge payable to the department. The [telecommunications company or commercial mobile radio] communication service provider shall maintain a record of the amount of each surcharge collected pursuant to the Enhanced 911 Act. The record shall be maintained for a period of three years after the time the surcharges were collected.
B. The surcharge collected for a prepaid wireless communication service, as defined in Paragraph (2) of Subsection J of Section 59 of this 2011 act, shall be remitted to the department by the seller, as defined in Paragraph (4) of that subsection, at the times and in the manner provided in the Gross Receipts and Compensating Tax Act. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to the Gross Receipts and Compensating Tax Act.
[B.] C. From a remittance to the department made on or before the date it becomes due, a [telecommunications company or commercial mobile radio] communication service provider or prepaid wireless communication service provider required to make a remittance shall be entitled to deduct and retain one percent of the collected amount or fifty dollars ($50.00), whichever is greater, as the administrative cost for collecting the surcharge."
SECTION 61. Section 63-9D-8 NMSA 1978 (being Laws 1989, Chapter 25, Section 8, as amended) is amended to read:
"63-9D-8. ENHANCED 911 FUND--CREATION--ADMINISTRATION--
DISBURSEMENT--REPORTS TO LEGISLATURE.--
A. There is created in the state treasury a fund that shall be known as the "enhanced 911 fund". The fund shall be administered by the division.
B. All surcharges collected and remitted to the department shall be deposited in the fund.
C. Money deposited in the fund and income earned by investment of the fund are appropriated for expenditure in accordance with the Enhanced 911 Act and shall not revert to the general fund.
D. Payments shall be made from the fund to, or on behalf of, participating local governing bodies or their fiscal agents upon vouchers signed by the director of the division solely for the purpose of reimbursing local governing bodies or their fiscal agents [commercial mobile radio] or communication service providers [or telecommunications companies] for their costs of providing enhanced 911 service. A person who purchases [commercial mobile radio] communication services [or telecommunications services] from a [commercial mobile radio] communication service provider [or telecommunications company] for the purpose of reselling that service is not eligible for reimbursement from the fund. Money in the fund may be used for the payment of bonds issued pursuant to the Enhanced 911 Bond Act.
E. Annually, the division may expend no more than five percent of all money deposited annually in the fund for administering and coordinating activities associated with implementation of the Enhanced 911 Act.
F. Money in the fund may be awarded as grant assistance to provide enhanced 911 service and equipment upon application of local governing bodies or their fiscal agents to the division and upon approval by the state board of finance. If it is anticipated that the funds available to pay all requests for grants will be insufficient, the state board of finance may reduce the percentage of assistance to be awarded. In the event of such reduction, the state board of finance may award supplemental grants to local governing bodies that demonstrate financial hardship.
G. After requesting enhanced 911 service from a [telecommunications company or commercial mobile radio] communication service provider, a local governing body may, by ordinance or resolution, recover from the fund an amount necessary to recover the costs of providing the enhanced 911 system in its designated 911 service area. The division, on behalf of local governing bodies, shall directly pay or reimburse [commercial mobile radio] communication service providers [and telecommunications companies] for their costs of providing enhanced 911 service. If a [commercial mobile radio] communication service provider [or telecommunications company] does not receive payment or reimbursement for the costs of providing enhanced 911 service, the provider is not obligated to provide that service.
H. Pursuant to Section 65 of this 2011 act, money in the fund may be used by the division to provide for a statewide enhanced 911 system and for implementation of next generation 911 technology or an emergency services internet protocol network.
[H.] I. The division shall report to the legislature each session the status of the fund and whether the current level of the 911 emergency surcharge is sufficient, excessive or insufficient to fund the anticipated needs for the next year."
SECTION 62. Section 63-9D-8.1 NMSA 1978 (being Laws 1990, Chapter 87, Section 3, as amended) is amended to read:
"63-9D-8.1. DIVISION POWERS.--
A. The division may adopt reasonable rules necessary to carry out the provisions of the Enhanced 911 Act.
B. The division may fund enhanced 911 systems pursuant to the provisions of the Enhanced 911 Act.
C. Division powers are limited and do not include power to intervene between two vendors or restrict marketing efforts of vendors.
D. The division and the local governing body may establish 911 service areas.
E. Unless otherwise provided by law, no rule affecting any person, agency, local governing body [commercial mobile radio] or communication service provider [or telecommunications company] shall be adopted, amended or repealed without a public hearing on the proposed action before the director of the division or a hearing officer designated by the 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 or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons or agencies who have made a written request for advance notice of the hearing and to all local governing bodies [telecommunications companies and commercial mobile radio] and communication service providers.
F. All rules shall be filed in accordance with the State Rules Act."
SECTION 63. Section 63-9D-10 NMSA 1978 (being Laws 1989, Chapter 25, Section 10, as amended) is amended to read:
"63-9D-10. IMMUNITY.--Enhanced 911 systems are within the governmental powers and authorities of the local governing body or state agency in the provision of services for the public health, welfare and safety. In contracting for such services or the provisioning of an enhanced 911 system, except for willful or wanton negligence or intentional acts, the local governing body, public agency, equipment supplier, [telecommunications company, commercial mobile radio] communication service provider and their employees and agents are not liable for damages resulting from installing, maintaining or providing enhanced 911 systems or transmitting 911 calls."
SECTION 64. Section 63-9D-11 NMSA 1978 (being Laws 1989, Chapter 25, Section 11, as amended) is amended to read:
"63-9D-11. PRIVATE LISTING SUBSCRIBERS AND 911 SERVICE.--
A. Private listing subscribers waive the privacy afforded by nonlisted or nonpublished numbers only to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieval of location information in response to a call initiated to 911.
B. Information regarding the identity of private listing subscribers who subscribe to any communication service offered by a communication service provider, including names, addresses, telephone numbers or other identifying information, is not a public record and is not available for inspection.
C. Proprietary information provided by a [commercial mobile radio] communication service provider [or telecommunications company] is not public information and [may] shall not be released to any person without the express permission of the submitting provider, except that information may be released or published as aggregated data that does not identify the number of subscribers or identify enhanced 911 system costs attributable to an individual [commercial mobile radio] communication service provider [or telecommunications company]."
SECTION 65. A new section of the Enhanced 911 Act is enacted to read:
"[NEW MATERIAL] STATEWIDE ENHANCED 911 SYSTEM--NEXT GENERATION 911 PROGRAMS--DEPARTMENT OF INFORMATION TECHNOLOGY.--
A. The division shall work with the department of information technology to provide a statewide enhanced 911 system that includes next generation 911 technology and an emergency services internet protocol network.
B. A local governing body that controls a public safety answering point shall connect to the statewide enhanced 911 system once the statewide enhanced 911 system is fully operational.
C. The department of information technology shall provide all technical infrastructure needed for the development of a statewide enhanced 911 system, including next generation 911 technologies and an emergency services internet protocol network."
SECTION 66. Section 63-9D-11.1 NMSA 1978 (being Laws 1993, Chapter 48, Section 13) is amended to read:
"63-9D-11.1. VIOLATION--PENALTIES.--
A. Any person who knowingly dials 911 for the purpose of reporting a false alarm, making a false complaint or reporting false information that results in an emergency response by any public safety agency is guilty of a petty misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or imprisonment for a term not to exceed six months, or both.
B. A municipality or county may adopt an ordinance making it a violation for any person to knowingly dial 911 for the purpose of reporting a false alarm, making a false complaint or reporting false information that results in an emergency response by any public safety agency. The municipality may adopt and enforce the ordinance pursuant to the authority provided in Section 3-17-1 NMSA 1978. The county may adopt and enforce the ordinance pursuant to the authority provided in Section 4-37-1 NMSA 1978." SECTION 67. Section 63-9D-13 NMSA 1978 (being Laws 1990, Chapter 61, Section 2, as amended) is amended to read:
"63-9D-13. DEFINITIONS.--As used in the Enhanced 911 Bond Act:
A. "board" means the state board of finance;
B. "division" means the [local government division of the department of finance and administration] enhanced 911 division of the department of public safety;
C. "enhanced 911 bonds" means the bonds authorized in the Enhanced 911 Bond Act;
D. "enhanced 911 project" means actions authorized under Section 63-9D-14 NMSA 1978 that pertain to a specific component of the enhanced 911 system; and
E. "enhanced 911 revenue" means the revenue to and the income of the enhanced 911 fund that are pledged to the payment of enhanced 911 bonds under the Enhanced 911 Bond Act."
SECTION 68. Section 63-9D-14 NMSA 1978 (being Laws 1990, Chapter 61, Section 3, as amended) is amended to read:
"63-9D-14. ENHANCED 911 BONDS--AUTHORITY TO ISSUE--PLEDGE OF REVENUES--LIMITATION ON ISSUANCE.--
A. In addition to any other law authorizing the board to issue revenue bonds, the board may issue enhanced 911 bonds pursuant to the Enhanced 911 Bond Act for the purposes specified in this section.
B. Enhanced 911 bonds may be issued for:
(1) acquiring, extending, enlarging, bettering, repairing, improving, constructing, purchasing, furnishing, equipping or rehabilitating the enhanced 911 system, the payment of which shall be secured by enhanced 911 revenues;
(2) reimbursing a [commercial mobile radio] communication service provider, [or telecommunications company] as defined in Subsection G of Section 63-9D-3 NMSA 1978, for its reasonable costs of providing enhanced 911 service, the payment of which shall be secured by enhanced 911 revenues; [or]
(3) reimbursing a local governing body or its fiscal agent for its reasonable costs of providing the enhanced 911 system, the payment of which shall be secured by enhanced 911 revenues; or
(4) reimbursing the division or the department of information technology for its reasonable costs of providing a statewide enhanced 911 system, emergency services internet protocol network and next generation 911 technology programs, as defined in Section 63-9D-3 NMSA 1978.
C. The board may pledge irrevocably enhanced 911 revenues in the manner set forth in Subsection B of this section to the payment of the interest on and principal of enhanced 911 bonds. Any general determination by the board that expenditures are reasonably related to and constitute a part of a specified enhanced 911 project shall be conclusive if set forth in the proceedings authorizing the enhanced 911 bonds."
SECTION 69. Section 74-4E-3 NMSA 1978 (being Laws 1989, Chapter 149, Section 3, as amended) 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" or "division" means the homeland security and emergency management division of the department of public safety;
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, 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 70. A new section of the Hazardous Chemicals Information Act is enacted to read:
"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The state emergency response commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Section 74-4E-4 NMSA 1978 until July 1, 2016. Effective July 1, 2016, Section 74-4E-4 NMSA 1978 is repealed."
SECTION 71. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, APPROPRIATIONS AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--
A. On the effective date of this act, all functions, personnel, appropriations, money, records, furniture, equipment and other property of the following agencies shall be transferred to the department of public safety:
(1) the homeland security and emergency management department;
(2) the fire marshal division of the public regulation commission; and
(3) the local government division of the department of finance and administration relating to the Enhanced 911 Act and the Enhanced 911 Bond Act.
B. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other property of the crime stoppers advisory council and the mounted patrol board of directors shall be transferred to the department of public safety.
C. On the effective date of this act, contractual obligations of the following entities are binding on the department of public safety:
(1) the homeland security and emergency management department;
(2) the fire marshal division of the public regulation commission;
(3) the local government division of the department of finance and administration relating to the Enhanced 911 Act and the Enhanced 911 Bond Act;
(4) the crime stoppers advisory council; and
(5) the mounted patrol board of directors. D. On the effective date of this act, all references in the law to the homeland security and emergency management department shall be deemed to be references in law to the homeland security and emergency management division of the department of public safety. All references in the law to the state director of homeland security and emergency management or to the secretary of homeland security and emergency management shall be deemed to be references to the director of the homeland security and emergency management division of the department of public safety.
E. On the effective date of this act, all references in the law to the fire marshal division of the public regulation commission shall be deemed to be references in law to the fire marshal division of the department of public safety.
SECTION 72. TEMPORARY PROVISION--RECOMPILATION.--Sections 8-8-9.1 and 8-8-9.3 NMSA 1978 (being Laws 2001, Chapter 80, Section 1 and Laws 2007, Chapter 161, Section 4) are recompiled in the Department of Public Safety Act. SECTION 73. REPEAL.--Sections 9-28-1 through 9-28-7,
29-6-3, 29-12A-2, 29-12A-3 and 29-16-5 NMSA 1978 (being Laws 2007, Chapter 291, Sections 1 through 6 and 35, Laws 1941, Chapter 149, Section 4, Laws 2003, Chapter 249, Sections 2 and 3 and Laws 1997, Chapter 105, Section 5, as amended) are repealed.
SECTION 74. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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