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SPONSOR: |
Vaughn |
DATE TYPED: |
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HB |
253 |
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SHORT TITLE: |
Allow Governor Authority to Order Evacuations |
SB |
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ANALYST: |
Fox-Young |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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|
|
|
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Unknown |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates
SB 364
Relates
to HB 231, HB 232, HB 254 and SB 194
Responses Received From
Department of Public Safety (DPS)
Department of Military Affairs (DMA)
Association of District Attorneys (AODA)
Administrative Office of the Courts (AOC)
Attorney General (AG)
Department of Health (DOH)
State Highway and Transportation Department
(SHTD)
SUMMARY
Synopsis of Bill
House Bill 253 amends
Section 30-20-6, expanding the list of restrictions the governor may proclaim
during a state of emergency. The bill
adds the following language to the Act:
“The governor may, by proclamation, prohibit all or part of the population from remaining in any designated area within the state if the governor deems such action necessary for the preservation of life or necessary to aid an emergency response, recovery or mitigation.”
“In order to facilitate an evacuation, the governor may prescribe travel routes, transportation modes and assigned destinations and may provide for the availability and use of temporary, emergency housing for evacuees.”
The bill also makes
technical adjustments to existing language.
Significant Issues
DPS notes that the New
Mexico Riot Control Act provides that, upon the request of a political
subdivision of the state, the governor may make an emergency declaration.
The Department of Military
Affairs (DMA) notes that the New Mexico Constitution endows the governor with
the power to take any necessary action to protect the public health, safety and
welfare. N.M.
Constitution Art. V Section 4 reads as follows:
“The supreme
executive power of the state shall be vested in the governor, who shall take
care that the laws be faithfully executed. He shall be commander in chief of
the military forces of the state, except when they are called into the service
of the
Department
of Public Safety (DPS), Department of Health (DOH) and AG note that there is currently
no statutory authority to allow local, county or state government the specific
ability to evacuate citizens from a natural or man-made disaster. DOH indicates
that the proposed language is based on that of evacuation statutes from the
southeastern part of the country, where hurricanes are prevalent.
The bill was endorsed by three interim legislative committees: the Corrections Oversight and Justice Committee, the Information Technology and Oversight Committee, and the Legislative Health and Human Services Committee.
Section 30-20-8 of the
Riot Control Act provides that any person who, during a state of emergency,
fails to comply with restrictions imposed by proclamation of the governor is
guilty of a misdemeanor, and upon conviction of a second or subsequent offense
under this section, is guilty of a fourth degree felony.
The Administrative Office of the Courts
(AOC) notes that, depending upon whether the Act generates or avoids a
significant amount of litigation, there may be fiscal implications for the
judiciary.
RELATIONSHIP
Relates to HB 231, HB 232, HB 254 and SB 194