N.M. Stat. § 16-2-2.1
State park volunteers.
A. The state parks division of the energy, minerals and natural resources
department may develop a program to recruit, train and accept the services of
volunteers who support programs administered by the division. Volunteers may provide
services for or in aid of interpretive functions, visitor services, conservation measures
and development or other activities in and related to state parks and other conservation
and natural resource activities administered by the division. Volunteers shall comply
with applicable rules and policies of the department and the division.
B. A volunteer shall not be deemed to be a state employee and shall not be subject
to the provisions of law relating to state employment, including those relating to hours of
work, rates of compensation, leave, unemployment compensation and state employee
benefits.
C. A volunteer traveling at the request of the state parks division may receive per
diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA
1978] as well as reimbursement for uniforms, supplies and equipment used for the
volunteer's work at the park; provided that the director of the division shall not authorize
any reimbursement in excess of the value of services rendered to the division by the
volunteer.
D. A volunteer may use state vehicles in the performance of division-related duties
subject to those rules governing use of state vehicles by paid staff. A volunteer
performing work under the terms of this section and who operates a state vehicle shall
be treated for the purposes of insurability and tort claims liability as an employee of the
state.
E. A volunteer may use state computers in the performance of division-related
duties, subject to those rules, policies and directives governing use of state computers
by state employees.