DISASTER LOCATION ACT

NMSA 1978 ch. 12, art. 11, pt. 3

in effect

NMSA 1978, § 12-11-19 Short title

12-11-19. Short title This act [12-11-19 to 12-11-22 NMSA 1978] may be cited as the "Disaster Location Act." 1953 Comp., § 4-21-1, enacted by Laws 1961, ch. 19, § 1.

NMSA 1978, § 12-11-20 Definitions

12-11-20. Definitions As used in this act [12-11-19 to 12-11-22 NMSA 1978]: A. "attack" means any hostile action by an enemy of the United States which is intended to and physically damages citizens or property in the United States; and B. "disaster" means the damage or injury, caused by enemy attack, to persons or property in this state of such magnitude that a state of martial law is declared to exist in this state and a disaster emergency is declared by the chief executive officer of the United States and the chief executive officer of this state. 1953 Comp., § 4-21-2, enacted by Laws 1961, ch. 19, § 2.

NMSA 1978, § 12-11-21 Seat of state government

12-11-21. Seat of state government A. Whenever a disaster makes it imprudent or impossible to conduct the affairs of state government at its seat in Santa Fe, the governor may proclaim temporary disaster locations for the seat of state government at any place he deems advisable, either inside or outside of the state. The governor may issue necessary orders for orderly transition of the affairs of government to any temporary disaster location, which remains the seat of state government until the legislature establishes a new location or until the disaster is declared ended by the legislature and the seat is returned to its normal location in Santa Fe. B. Any official act or meeting required to be performed at the seat of state government is valid when performed at a temporary disaster location under this section. 1953 Comp., § 4-21-3, enacted by Laws 1961, ch. 19, § 3.

NMSA 1978, § 12-11-22 Seats of local governments

12-11-22. Seats of local governments A. Whenever a disaster makes it imprudent or impossible to conduct the affairs of any local government at its regular location, the governing body may meet at any place, inside or outside the limits of the political subdivision, at the call of the presiding officer or any two members of the governing body, and designate by ordinance a temporary disaster location of the local government, which remains the seat of the local government until the governing body establishes a new location or until the disaster is declared ended by the legislature and the seat is returned to its normal location. B. Any official act or meeting required to be performed at the seat of the local government is valid when performed at a temporary disaster location under this section. 1953 Comp., § 4-21-4, enacted by Laws 1961, ch. 19, § 4.

NMSA 1978, § 12-11-23 Policy and purpose

12-11-23. Policy and purpose Because of the existing possibility of the occurrence of disasters resulting from drouth [drought], fire, flood, earthquake or other causes, and in order to insure [ensure] that preparation of this state will be adequate to deal with such disasters, and generally to protect the peace, health and safety and to preserve the lives and property of the people of the state of New Mexico, it is hereby found and declared to be necessary to establish a source of emergency funds. 1953 Comp., § 11-7-1, enacted by Laws 1955, ch. 185, § 1; 1978 Comp., § 6-7-1, recompiled as § 12-11-23 by Laws 2005, ch. 22, § 4.

NMSA 1978, § 12-11-24 Provisional appropriation

12-11-24. Provisional appropriation For the purposes set out in Section 6-7-1 NMSA 1978, when and if the governor shall declare an emergency, as provided in Section 6-7-3 NMSA 1978, there is appropriated the sum of seven hundred fifty thousand dollars ($750,000) for each eligible and qualified applicant or so much thereof as the governor may from time to time designate from the surplus unappropriated money in the general fund, if any, at the time of the declaration of such emergency or emergencies. 1953 Comp., § 11-7-2, enacted by Laws 1955, ch. 185, § 2; 1977, ch. 383, § 1; 1989, ch. 181, § 1; 1978 Comp., § 6-7-2, recompiled as § 12-11-24 by Laws 2005, ch. 22, § 4.

NMSA 1978, § 12-11-25 Expenditure of funds; manner

12-11-25. Expenditure of funds; manner The money appropriated by Sections 6-7-1 and 6-7-2 NMSA 1978 shall be expended for disaster relief for any disaster declared by the governor to be of such magnitude as to be beyond local control and requiring the resources of the state. The funds shall be expended by the governor or any agent or agency designated by him for those purposes, either as a state project or for securing matching federal funds. The money shall be paid out upon warrants drawn by the secretary of finance and administration upon vouchers approved by the governor or an agent or agency designated by him for that purpose. As used in this section, "state project" means an expenditure by a state agency to 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. "State project" may include any expenditure on a temporary, emergency basis for lodging, sheltering, health care, food, any transportation or shipping necessary to protect lives or public property; or for any other action necessary to protect the public health, safety and welfare. 1953 Comp., § 11-7-3, enacted by Laws 1955, ch. 185, § 3; 1978, ch. 67, § 1; 1999, ch. 140, § 1; 1978 Comp., § 6-7-3, recompiled as § 12-11-25 by Laws 2005, ch. 22, § 4.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18512/index.doFetched: 10/20/2026