HOUSE BILL 10

55th legislature - STATE OF NEW MEXICO - second special session, 2021

INTRODUCED BY

Greg Nibert and Daymon Ely and Cathrynn N. Brown and

Randall Pettigrew and Stefani Lord

AN ACT

RELATING TO EMERGENCY POWERS; PROVIDING THAT A DECLARATION OF A STATE OF EMERGENCY PURSUANT TO THE ALL HAZARD EMERGENCY MANAGEMENT ACT OR THE PUBLIC HEALTH EMERGENCY RESPONSE ACT TERMINATES AFTER NINETY DAYS UNLESS THE GOVERNOR CALLS THE LEGISLATURE INTO SPECIAL SESSION TO ADDRESS THE CIRCUMSTANCES OF THE EMERGENCY; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of the All Hazard Emergency Management Act is enacted to read:

     "[NEW MATERIAL] LEGISLATIVE OVERSIGHT--EMERGENCY DECLARATIONS.--

          A. A declaration of a state of emergency issued pursuant to the All Hazard Emergency Management Act shall cease to be in effect after ninety days unless the governor calls the legislature into special session to address the circumstances of the state of emergency.

          B. The special session called pursuant to Subsection A of this section shall convene no later than the ninetieth day after the initial declaration of the state of emergency.

          C. The legislature may restrict, suspend or terminate a declaration of a state of emergency by joint resolution. If the legislature does not act to restrict, suspend or terminate a declaration of a state of emergency, then the declaration may be extended by the governor for a period not to exceed sixty days from the date of adjournment of the special session.

          D. A declaration of a state of emergency shall be

extended for no more than sixty days. The governor shall call

the legislature into special session before the expiration of

an extension to consider an additional extension, and this

procedure shall be repeated until the declaration of the state

of emergency is terminated by the governor or the legislature

or automatically upon expiration of the extension if the

governor fails to call the legislature into special session

pursuant to the provisions of this section.

          E. The governor may only declare one state of

emergency for an event, and any effort to declare another state of emergency for the same event requires prior consent of the

legislature for the declaration to be effective."

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

     "[NEW MATERIAL] LEGISLATIVE OVERSIGHT--PUBLIC HEALTH EMERGENCY DECLARATION.--

          A. A declaration of a state of public health emergency issued pursuant to the Public Health Emergency Response Act shall cease to be in effect after ninety days unless the governor calls the legislature into special session to address the circumstances of the public health emergency.

          B. The special session called pursuant to Subsection A of this section shall convene no later than the ninetieth day after the initial declaration of the state of public health emergency.

          C. The legislature may restrict, suspend or terminate a declaration of a state of public health emergency by joint resolution. If the legislature does not act to

restrict, suspend or terminate a declaration of a state of public health emergency, then the declaration may be extended by the governor for a period not to exceed sixty days from the date of adjournment of the special session.

          D. A declaration of a state of public health emergency shall be extended for no more than sixty days. The governor shall call the legislature into special session before the expiration of an extension to consider an additional extension, and this procedure shall be repeated until the declaration of the state of public health emergency is terminated by the governor or the legislature or automatically upon expiration of the extension if the governor fails to call the legislature into special session pursuant to the provisions of this section.

          E. The governor may only declare one state of public health emergency for an event, and any effort to declare another state of public health emergency for the same event requires prior consent of the legislature for the declaration to be effective."

     SECTION 3. Section 12-10A-5 NMSA 1978 (being Laws 2003, Chapter 218, Section 5) is amended to read:

     "12-10A-5. DECLARING A STATE OF PUBLIC HEALTH EMERGENCY--TERMINATING THE EMERGENCY.--

          A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

          B. A state of public health emergency shall be declared in an executive order that specifies:

                (1) the nature of the public health emergency;

                (2) the political subdivisions or geographic areas affected by the public health emergency;

                (3) the conditions that caused the public health emergency;

                (4) the expected duration of the public health emergency, if less than thirty days;

                (5) the public health officials needed to assist in the coordination of a public health emergency response; and

                (6) any other provisions necessary to implement the executive order.

          C. A declaration of a state of public health emergency shall not abrogate any disease-reporting requirements set forth in the Public Health Act.

          D. A declaration of a state of public health emergency shall be terminated:

                (1) by the governor, after consultation with the secretary of health, upon determining that there is no longer a public health emergency; or

                (2) automatically after thirty days, unless renewed by the governor after consultation with the secretary of health; provided that pursuant to Section 2 of this 2021 act, a declaration of a state of public health emergency shall cease to be in effect after ninety days unless the governor calls the legislature into special session to address the circumstances of the public health emergency.

          E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures."

     SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 6 -