A. The governor shall have general direction and control of the activities of the homeland security and emergency management department and shall be responsible for carrying out the provisions of the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978] and, in the event of any man-made or natural disaster causing or threatening widespread 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.

History: 1953 Comp., § 9-13-19, enacted by Laws 1959, ch. 190, § 5; 1973, ch. 247, § 4; 1977, ch. 258, § 8; 1989, ch. 204, § 14; 1999, ch. 140, § 2; 2007, ch. 291, § 12.

Cross references. — For Disaster Succession Acts, see Chapter 12, Article 11 NMSA 1978.

The 2007 amendment, effective July 1, 2007, provided that the governor is responsible for the direction and control of the homeland security and emergency management department and carrying out the All Hazard Emergency Management Act.

The 1999 amendment, effective June 18, 1999, substituted "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" for "disaster beyond local control" in Subsection A, added Subsection B(3), and redesignated the remaining subsections accordingly.

The 1989 amendment, effective July 1, 1989, substituted "emergency planning and coordination bureau" for "civil emergency preparedness division" in Subsection A.