2006 New Mexico Statutes - Section 74-4E-4 — Commission created; membership; terms; duties; immunity granted.

74-4E-4. Commission created; membership; terms; duties; immunity granted.

A.     The "state emergency response commission" is created. The commission shall consist of seven members who shall be qualified voters of the state of New Mexico.  All members shall be appointed by the governor.  Among the members appointed, there shall be representatives of private industry, federal facilities, public health and public safety. Appointments shall be made for four-year terms to expire on January 1 of the appropriate year. Commission members shall serve staggered terms as determined by the governor at the time of their initial appointments. Annually, the governor shall designate, from among the members, a chairman of the commission.   

B.     The commission shall:   

(1)     exercise supervisory authority to implement Title III within New Mexico;   

(2)     prescribe all reporting forms required by the Hazardous Chemicals Information Act [ 74-4E-1 to 74-4E-9 NMSA 1978];   

(3)     provide direction to the emergency management task force and the hazardous materials safety board;   

(4)     report periodically to the radioactive and hazardous materials committee; and   

(5)     report annually to the governor and the legislature.   

C.     The commission may solicit and accept grants from federal or private sources for undertakings that further the purpose of the Hazardous Chemicals Information Act or the Emergency Management Act [Chapter 74, Article 4B NMSA 1978] and may make contracts necessary to carry out the purposes of both of those acts.   

D.     Commission members shall not vote by proxy.  A majority of the members constitute a quorum for the conduct of business.   

E.     Commission members shall not be paid but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act [ 10-8-1 to 10-8-8 NMSA 1978].   

F.     Immunity from tort liability for emergency response actions, including planning or preparation therefore, is granted to the state, its subdivisions and all their agencies, officers, agents and employees.  Any waiver of immunity from tort liability granted under the Tort Claims Act [ 41-4-1 to 41-4-27 NMSA 1978] shall not be applicable to disaster or emergency response or planning.