A. There is created a "mining safety board", referred to in Chapter 69, Article 8 NMSA 1978 as the "board", consisting of thirteen members. The members of the board shall represent and balance management and non-management employees at coal, metal-nonmetal and sand and gravel operations throughout New Mexico. The members of the board shall be appointed by the governor for terms of six years or until their successors are appointed and qualified. Vacancies shall be filled by appointment for the unexpired term by the governor in the same manner as the original appointments. Members absent for three or more consecutive meetings shall be considered inactive. The chair of the board shall ask the governor's office to appoint a new member to the board if a current member becomes inactive. The inspector and the secretary of energy, minerals and natural resources shall be ex-officio members of the board but shall have no vote.

B. Voting members of the board shall receive compensation pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The inspector is authorized and directed to provide the board with such clerical, technical, legal and other assistance as shall be necessary to permit the board to perform its duties as provided in the Mining Safety Act.

History: 1953 Comp., § 63-31-3, enacted by Laws 1961, ch. 136, § 3; 1967, ch. 21, § 1; 1971, ch. 62, § 1; 1985, ch. 68, § 2; 1987, ch. 234, § 51; 2001, ch. 246, § 10; 2007, ch. 301, § 9; 2007, ch. 302, § 9.

The 2007 amendment, effective June 20, 2007, changed the name of the "mining safety advisory board" to the "mining safety board"; required members of the board to represent and balance management and nonmanagement employees at coal, metal-nonmetal and sand and gravel operations throughout New Mexico; specified that members become inactive if they are absent from three or more meetings; provide for the replacement of inactive members; provided that voting members shall receive compensation pursuant to the Per Diem and Mileage Act; and eliminated the requirement that the board hold two regular meetings each year.

Laws 2007, ch. 301, § 9 and Laws 2007, ch. 302, § 9, both effective June 20, 2007, enacted identical amendments to this section. The section was set out as amended by Laws 2007, ch. 302, § 9. See 12-1-8 NMSA 1978.

The 2001 amendment, effective June 15, 2001, substituted "bureau of geology" for "bureau of mines" in the first sentence in Subsection A.

Members of mining safety advisory board are appointed within the meaning of N.M. Const., art. IV, § 28. Thus, that provision prohibits appointing a member of the legislature to the mining safety advisory board. 1969 Op. Att'y Gen. No. 69-05 (rendered under prior law).

Lawmaking functions validly delegated to board. — The mining safety advisory board functions as an integral part of validly delegated lawmaking functions, exercising part of the sovereign power of the state. 1969 Op. Att'y Gen. No. 69-05 (rendered under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257.