SENATE BILL 19

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

INTRODUCED BY

Gregory A. Baca

 

 

 

 

 

AN ACT

RELATING TO PUBLIC HEALTH; PROVIDING FOR AUTOMATIC TERMINATION OF A PUBLIC HEALTH ORDER THAT CLOSES PUBLIC PLACES OR LIMITS GATHERINGS AND REQUIRING APPROVAL OF THE LEGISLATURE FOR RENEWAL OR AMENDMENT OF THE ORDER; DECLARING AN EMERGENCY.

 

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

     SECTION 1. A new section of the Emergency Powers Code is enacted to read:

     "[NEW MATERIAL] PUBLIC HEALTH ORDER--PUBLIC PLACES AND GATHERINGS--TERMINATION AND RENEWAL.--A public health order, issued pursuant to an act in the Emergency Powers Code, that is of general applicability throughout the state or a portion of the state and that closes any public place or forbids or limits gatherings of people shall automatically terminate fourteen days after being issued and may not be renewed or amended, or a new order on the same subject matter issued, except by joint resolution of the legislature in regular, special or extraordinary session. If the legislature is not in session at the time of the expiration of an order, an order may be renewed or amended in writing by the leadership of the senate and the house of representatives until the legislature meets in regular, special or extraordinary session. For purposes of this section, "leadership of the senate and the house of representatives" means the president pro tempore and the minority floor leader of the senate and the speaker and the minority floor leader of the house of representatives."

     SECTION 2. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] PUBLIC HEALTH ORDER--PUBLIC PLACES AND GATHERINGS--TERMINATION AND RENEWAL.--A public health order that is of general applicability throughout the state or a portion of the state that closes any public place or forbids or limits gatherings of people shall automatically terminate fourteen days after being issued and may not be renewed or amended, or a new order on the same subject matter issued, except by joint resolution of the legislature in regular, special or extraordinary session. If the legislature is not in session at the time of the expiration of an order, an order may be renewed or amended in writing by the leadership of the senate and the house of representatives until the legislature meets in regular, special or extraordinary session. For purposes of this section, "leadership of the senate and the house of representatives" means the president pro tempore and the minority floor leader of the senate and the speaker and the minority floor leader of the house of representatives."

     SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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