SENATE BILL 2

54th legislature - STATE OF NEW MEXICO - first special session, 2020

INTRODUCED BY

Mary Kay Papen

 

 

 

 

 

AN ACT

RELATING TO EMERGENCY POWERS; PROVIDING THE GOVERNOR WITH AUTHORITY DURING THE PENDENCY OF A DECLARED PUBLIC HEALTH EMERGENCY TO ALTER OR SUSPEND IN-PERSON REQUIREMENTS RELATING TO NOTARIAL ACTS, THE EXECUTION OF WILLS AND THE HOLDING OF SHAREHOLDER MEETINGS AND TO ALLOW ALCOHOLIC BEVERAGES TO BE SOLD BY LIQUOR CONTROL ACT LICENSEES TO CUSTOMERS BY MEANS OF PICK-UP OR DELIVERY SERVICE; ENACTING A DELAYED REPEAL; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Notary Public Act is enacted to read:

     "[NEW MATERIAL] GOVERNOR EMERGENCY POWERS.--During the pendency of a public health emergency declared pursuant to the Public Health Emergency Response Act, the governor, through an executive order, may alter or suspend the in-person or personal appearance requirements for the performance of notarial acts and may prescribe conditions for performing notarial acts by virtual or remote means."

     SECTION 2. A new section of Chapter 45, Article 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] GOVERNOR EMERGENCY POWERS.--During the pendency of a public health emergency declared pursuant to the Public Health Emergency Response Act, the governor, through an executive order, may alter or suspend the in-person presence requirements for witnessing the execution of a will and may provide for virtual or remote means for achieving the witness requirements."

     SECTION 3. A new section of the Business Corporation Act is enacted to read:

     "[NEW MATERIAL] GOVERNOR EMERGENCY POWERS.--During the pendency of a public health emergency declared pursuant to the Public Health Emergency Response Act, the governor, through an executive order, may alter or suspend in-person attendance requirements for shareholder meetings and may provide for shareholder meetings to be conducted by virtual or remote means."

     SECTION 4. A new section of the Liquor Control Act is enacted to read:

     "[NEW MATERIAL] GOVERNOR EMERGENCY POWERS.--During the pendency of a public health emergency declared pursuant to the Public Health Emergency Response Act, the governor, through an executive order, may allow a person licensed pursuant to the Liquor Control Act to sell alcoholic beverages to a person who is at least twenty-one years of age by means of pick-up by the customer at the licensed premises of a licensee or delivery to the customer by the licensee."

     SECTION 5. DELAYED REPEAL.--Sections 1 through 4 of this act are repealed effective June 30, 2021.

     SECTION 6. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect immediately.

- 3 -