Sections 12-10-1 through 12-10-10 NMSA 1978 may be cited as the "All Hazard
Emergency Management Act".
History: 1953 Comp., § 9-13-15, enacted by Laws 1959, ch. 190, § 1; 1973, ch. 247, §
1; 2007, ch. 291, § 9.
ANNOTATIONS
Compiler’s notes. — Following the 1978 recompilation of NMSA the scope of the State
Civil Emergency Preparedness Act, as defined in this section, read "Sections 12-10-1
through 12-10-10 NMSA 1978".
Laws 2002, ch. 83, §§ 2 to 4 purported to enact three new sections of the Uniform
Licensing Act in Chapter 61. These sections were reassigned to appear as 12-10-11,
12-10-12 and 12-10-13 NMSA 1978 for more logical placement. Sections 12-10-11, 12-
10-12 and 12-10-13 NMSA 1978 are not part of the State Civil Emergency
Preparedness Act.
Laws 2007, ch. 291, § 9 changed the name of the State Civil Emergency Preparedness
Act to the All Hazard Emergency Management Act, effective July 1, 2007.
The 2007 amendment, effective July 1, 2007, changed the statutory reference and title
of the act from the "State Civil Emergency Preparedness Act" to the "All Hazard
Emergency Management Act".
Notes of Decisions
Cited in
9
cases (
8 in the last 5 years), 2020–2025 · leading case:
Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545.
Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545.
· cites it 2× “6 {3} On March 11, 2020, Governor Michelle Lujan Grisham issued an executive order that a public health emergency exists in New Mexico due to the spread of COVID-19, invoked her powers under the All Hazard Emergency Management Act (AHEMA), NMSA 1978, §§ 12-10-1 to -10 (2007),…”
Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852.
· cites it 2× “BACKGROUND {2} On March 11, 2020, Governor Michelle Lujan Grisham issued an executive order that a public health emergency exists in New Mexico due to the spread of COVID-19, invoked her powers under the All Hazard Emergency Management Act (AHEMA), NMSA 1978, §§ 12-10-1 to -10…”
State Ex Rel. Riddle v. Toulouse Oliver, 2021-NMSC-018, 487 P.3d 815.
· cites it 2× “10 Governor Michelle Lujan Grisham issued an executive order invoking the All Hazard Emergency Management Act, NMSA 1978, §§ 12-10-1 to -10 (1959, as amended through 2007), and proclaiming a public health emergency under the Public Health Emergency Response Act, NMSA 1978, §§…”
Amdor v. Grisham, 578 P.3d 971 (N.M. 2025).
· cites it 6× “” EO 2023-130 invoked the Governor’s authority to declare an emergency 3 under the PHERA and declared that gun violence “also constitutes a man-made 4 disaster causing or threatening widespread physical or economic harm that is beyond 5 local control and requiring the resources…”
Roy v. N.M. Dep't Workforce Sol. (N.M. Ct. App. 2023).
· cites it 2× “1 In her executive order, the Governor invoked her powers under the All Hazard Emergency Management Act, NMSA 1978, §§ 12-10-1 to -10 (1959, as amended through 2007), and declared a public health emergency under the Public Health Emergency Response Act, NMSA 1978, §§ 12-10A-1 to…”
Montoya v. N.M. Tax'n & Revenue Dep't (N.M. Ct. App. 2023).
· cites it 2× “As for the emergency powers statutes, we also agree with Petitioner to the extent that nothing in the text of the relevant emergency powers statutes (Public Health Emergency Response Act (PHERA), NMSA 1978, §§ 12-10A-1 to -19 (2003, as amended through 2015)); All Hazard…”
Martinez v. N.M. Tax'n & Revenue Dep't, 534 P.3d 248 (N.M. Ct. App. 2023).
· cites it 2× “{3} Before any hearing occurred, Governor Michelle Lujan Grisham (the Governor) issued an executive order on March 11, 2020, stating a public health emergency existed in New Mexico due to the spread of COVID-19. See Executive Order 2020-004 (N.”
Hinkle Fam. Fun Ctr. v. Lujan Grisham, No. 22-2028, 2022 WL 17972138 (10th Cir. Dec. 28, 2022).
“§ 12 -10A-5 and invoking her powers under the All Hazard Emergency Management Act, N.M. Stat. Ann. § 12-10-1 to -10. On March 23, 2020, Secretary Kunkel issued a Public Health Order (the March 23 order) authorized by Executive Order 2020–004.”
The New Mexico Elks Ass'n v. Grisham, 595 F. Supp. 3d 1018 (D.N.M. 2022).
“1978, § 12-10-1 et seq. Ud.) at § 10. Plaintiffs were not classified as “essential businesses” in the March 23, 2020 PHO and were required to cease in-person operations beginning on March 24, 2020.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.