SENATE BILL 340
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Jay C. Block
AN ACT
RELATING TO PUBLIC EMERGENCIES; TERMINATING DECLARATIONS OF EMERGENCY AND ORDERS OR RULES RESTRICTING COMMERCE, PUBLIC ASSEMBLY AND PERSONAL CONDUCT AFTER THIRTY DAYS; AUTHORIZING LIMITED GUBERNATORIAL EXTENSIONS OF DECLARATIONS, ORDERS OR RULES; PROVIDING FOR LEGISLATIVE EXTENSIONS OF DECLARATIONS, ORDERS OR RULES; AMENDING SECTIONS OF CHAPTER 12 NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 12-10-4 NMSA 1978 (being Laws 1959, Chapter 190, Section 5, as amended) is amended to read:
"12-10-4. ALL HAZARD EMERGENCY MANAGEMENT--POWERS OF THE GOVERNOR.--
A. Except as limited by Subsection C of this section, the governor shall have general direction and control of the activities of the homeland security and emergency management department and shall be responsible for carrying out the provisions of the All Hazard Emergency Management Act and, in the event of any man-made or natural disaster causing or threatening widespread physical or economic harm that is beyond local control and requiring the resources of the state, shall exercise direction and control over any and all state forces and resources engaged in emergency operations or related all hazard emergency management functions within the state.
B. In carrying out the provisions of the All Hazard Emergency Management Act, the governor is authorized to:
(1) cooperate with the federal government and agree to carry out all hazard emergency management responsibilities delegated in accordance with existing federal laws and policies and cooperate with other states and with private agencies in all matters relating to the all hazard emergency management of the state and nation;
(2) issue, amend or rescind the necessary orders, rules and procedures to carry out the provisions of the All Hazard Emergency Management Act;
(3) provide those resources and services necessary to avoid or minimize economic or physical harm until a situation becomes stabilized and again under local self-support and control, including the provision, on a temporary, emergency basis, of lodging, sheltering, health care, food, transportation or shipping necessary to protect lives or public property; or for any other action necessary to protect the public health, safety and welfare;
(4) prepare a comprehensive emergency operations plan and program and to integrate the state emergency operations plan and program with the emergency operations plans and programs of the federal government and other states and to coordinate the preparation of emergency operations plans and programs by the political subdivisions of this state;
(5) procure supplies and equipment, to institute training programs and public information programs and to take all necessary preparatory actions, including the partial or full mobilization of state and local government forces and resources in advance of actual disaster, to ensure the furnishing of adequately trained and equipped emergency forces of government and auxiliary personnel to cope with disasters resulting from enemy attack or other causes; and
(6) enter into mutual aid agreements with other states and to coordinate mutual aid agreements between political subdivisions of the state.
C. An order or a rule that restricts commerce, public assembly or a person's apparel, conduct or transport of personal items pursuant to the All Hazard Emergency Management Act shall terminate at the end of thirty days unless prior to the termination of the order or rule:
(1) the legislature extends the order or rule through legislation; or
(2) the governor extends the order or rule upon a determination in writing that the order or rule needs to be extended to address the underlying emergency; provided that the governor may only extend an order or rule two times for a period of up to thirty days for each extension."
SECTION 2. 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] prior to the termination date the declaration is extended by:
(a) the legislature through legislation; or
(b) the governor after consultation with the secretary of health; provided that the governor may only extend a declaration of a state of public health emergency two times, for up to thirty days for each extension.
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."
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