0001| HOUSE BILL 465
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| RICHARD T. KNOWLES
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO EMERGENCY RELIEF; DEFINING RESOURCES AND SERVICES
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0012| THAT MAY BE PROVIDED BY THE STATE AFTER THE DECLARATION OF A
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0013| DISASTER OR EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 6-7-3 NMSA 1978 (being Laws 1955,
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0017| Chapter 185, Section 3, as amended) is amended to read:
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0018| "6-7-3. EXPENDITURE OF FUNDS--MANNER.--The [moneys]
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0019| money appropriated by Sections [11-7-1 and 11-7-2 NMSA
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1953] 6-7-1 and 6-7-2 NMSA 1978 shall be expended for
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0021| disaster relief for any disaster declared by the governor to
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0022| be of such magnitude as to be beyond local control and
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0023| requiring the resources of the state. [Such] The funds
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0024| shall be expended by the governor or any agent or agency
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0025| designated by him for [such] those purposes, either as a
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0001| state project or for securing matching federal funds. [Said
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moneys] The money shall be paid out upon warrants drawn by
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0003| the secretary of finance and administration upon vouchers
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0004| approved by the governor or [such] an agent or agency
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0005| designated by him for [such] that purpose. As used in
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0006| this section, "state project" means an expenditure by a state
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0007| agency to provide those resources and services necessary to
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0008| avoid or minimize economic or physical harm to a region and
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0009| its citizens until a situation becomes stabilized and again
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0010| under local self-support and control. "State project" may
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0011| include any expenditure on a temporary, emergency basis for
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0012| lodging, health care, food, any transportation or shipping
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0013| necessary to protect lives or property; or for any other
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0014| action necessary to protect the public health, safety and
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0015| welfare."
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0016| Section 2. Section 12-10-4 NMSA 1978 (being Laws 1959,
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0017| Chapter 190, Section 5, as amended) is amended to read:
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0018| "12-10-4. CIVIL EMERGENCY PREPAREDNESS--POWERS OF THE
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0019| GOVERNOR.--
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0020| A. The governor shall have general direction and
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0021| control of the activities of the emergency planning and
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0022| coordination bureau and shall be responsible for carrying out
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0023| the provisions of the State Civil Emergency Preparedness Act
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0024| and, in the event of [disaster beyond local control] any
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0025| man-made or natural disaster causing or threatening widespread
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0001| physical or economic harm to a region and its citizens that is
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0002| beyond local control and requiring the resources of the
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0003| state, shall exercise direction and control over any and all
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0004| state forces and resources engaged in emergency operations or
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0005| related civil emergency preparedness functions within the
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0006| state.
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0007| B. In carrying out the provisions of the State
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0008| Civil Emergency Preparedness Act, the governor is authorized
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0009| to:
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0010| (1) cooperate with the federal government and
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0011| agree to carry out civil emergency preparedness
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0012| responsibilities delegated in accordance with existing federal
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0013| laws and policies and cooperate with other states and with
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0014| private agencies in all matters relating to the civil
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0015| emergency preparedness of the state and nation;
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0016| (2) issue, amend or rescind the necessary
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0017| orders, regulations and procedures to carry out the provisions
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0018| of the State Civil Emergency Preparedness Act;
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0019| (3) provide those resources and services
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0020| necessary to avoid or minimize economic or physical harm to a
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0021| region and its citizens until a situation becomes stabilized
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0022| and again under local self-support and control, including the
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0023| provision, on a temporary, emergency basis, for lodging,
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0024| health care, food, any transportation or shipping necessary to
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0025| protect lives or property; or for any other action necessary
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0001| to protect the public health, safety and welfare;
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0002| [(3)] (4) prepare a comprehensive plan
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0003| and program for the civil emergency preparedness of the state
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0004| and to integrate the state plan and program with the civil
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0005| emergency preparedness plans and programs of the federal
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0006| government and other states and to coordinate the preparation
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0007| of plans and programs for civil emergency preparedness by the
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0008| political subdivisions of this state;
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0009| [(4)] (5) procure supplies and equipment,
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0010| to institute training programs and public information programs
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0011| and to take all necessary preparatory actions, including the
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0012| partial or full mobilization of state and local government
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0013| forces and resources in advance of actual disaster, to
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0014| [insure] ensure the furnishing of adequately trained and
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0015| equipped emergency forces of government and auxiliary
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0016| personnel to cope with disasters resulting from enemy attack
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0017| or other causes; and
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0018| [(5)] (6) enter into mutual aid
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0019| agreements with other states and to coordinate mutual aid
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0020| agreements between political subdivisions of the state."
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0021| Section 3. Section 20-2-3 NMSA 1978 (being Laws 1987,
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0022| Chapter 318, Section 10) is amended to read:
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0023| "20-2-3. GOVERNOR--POWER TO CALL OUT MILITIA.--
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0024| A. The governor may, in case of insurrection,
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0025| invasion, riot or breach of the peace or of imminent danger
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0001| thereof or in case of other emergency, order into active
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0002| service of the state the militia or any components or parts
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0003| thereof which have not been called into federal service. As
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0004| used in this section, "emergency" includes any man-made or
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0005| natural disaster causing or threatening wide-spread physical
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0006| or economic harm to a region and its citizens that is beyond
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0007| local control and requiring the resources of the state.
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0008| B. In case of any breach of the peace, tumult,
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0009| riot or resistance to process of this state or imminent danger
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0010| thereof, the sheriff of a county may call for aid from the
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0011| governor as commander-in-chief of the national guard. If it
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0012| appears to the governor that the power of the county is
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0013| insufficient to enable the sheriff to preserve the peace and
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0014| protect the lives and property of the peaceful residents of
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0015| the county or to overcome the resistance to process of this
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0016| state, the governor shall, on application of the sheriff,
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0017| order out such military force as is necessary.
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0018| C. When any portion of the militia is called out
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0019| for the purpose of suppressing an unlawful or riotous
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0020| assembly, the commander of the troops shall cooperate with the
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0021| civil officers to the fullest extent consistent with the
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0022| accomplishment of the object for which the troops were called.
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0023| The civil officials may express to the commander of the troops
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0024| the general or specific objective which the civil officials
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0025| desire to accomplish, but the tactical direction of the
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0001| troops, the kind and extent of force to be used and the
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0002| particular means to be employed to accomplish the object
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0003| specified by the civil officers shall be left solely to the
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0004| commander of the troops present on duty.
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0005| D. When any portion of the militia is ordered
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0006| into active service pursuant to this section in case of an
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0007| emergency, the militia may provide those resources and
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0008| services necessary to avoid or minimize economic or physical
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0009| harm to a region and its citizens until a situation becomes
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0010| stabilized and again under local self-support and control,
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0011| including the provision, on a temporary, emergency basis, for
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0012| lodging, health care, food, any transportation or shipping
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0013| necessary to protect lives or property; or for any other
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0014| action necessary to protect the public health, safety and
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0015| welfare.
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0016| [D.] E. In the event of the exercise by the
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0017| governor of the powers [under] pursuant to this section,
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0018| the governor shall first utilize the personnel and assets of
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0019| the national guard and only in their absence or insufficiency
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0020| utilize the personnel and assets of the state defense force."
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0021|
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