HB0309

HOUSE BILL 309

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

James G. Townsend and Cathrynn N. Brown and Rod Montoya

and Alan T. Martinez and Mark Duncan

AN ACT

RELATING TO PUBLIC EMERGENCIES; REQUIRING THAT RULES, ORDERS OR OTHER DIRECTIVES ISSUED BY GOVERNMENT ENTITIES PURSUANT TO THE ALL HAZARD EMERGENCY MANAGEMENT ACT, THE PUBLIC HEALTH EMERGENCY RESPONSE ACT, THE RIOT CONTROL ACT OR THE ENERGY EMERGENCY POWERS ACT THAT CLOSE CERTAIN BUSINESSES OR FACILITIES AND THAT INCLUDE EXEMPTIONS FOR SOME BUSINESSES OR FACILITIES SHALL ALSO INCLUDE EXEMPTIONS FOR FACILITIES OPERATED BY RELIGIOUS ORGANIZATIONS THAT ARE EXEMPT FROM TAXATION PURSUANT TO FEDERAL LAW; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. Section 12-10-1 NMSA 1978 (being Laws 1959, Chapter 190, Section 1, as amended) is amended to read:

"12-10-1. SHORT TITLE.--Sections 12-10-1 through [12-10-10] 12-10-10.1 NMSA 1978 may be cited as the "All Hazard Emergency Management Act"."

SECTION 2. 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. 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. Except as limited by Section 12-10-10.1 NMSA 1978, 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."

SECTION 3. Section 12-10-5 NMSA 1978 (being Laws 1959, Chapter 190, Section 6, as amended) is amended to read:

"12-10-5. LOCAL EMERGENCY MANAGEMENT.--The governing bodies of the political subdivisions of the state are responsible for the all hazard emergency management of their respective jurisdictions. Except as limited by Section 12-10-10.1 NMSA 1978, each political subdivision is authorized to establish, by ordinance or resolution, a local office of emergency management as an agency of the local government and responsible to the governing body, in accordance with the state emergency operations plan and program. Every local coordinator of emergency management shall be appointed by the governing body, subject to the approval of the [state director] secretary of homeland security and emergency management, and the local coordinator shall have direct responsibility for carrying out the all hazard emergency management program of the political subdivision. The state director shall coordinate the emergency management activities of all local governmental departments and agencies and shall maintain liaison with and cooperate with emergency management agencies and organizations of other political subdivisions and of the state government. Each local organization shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized."

SECTION 4. Section 12-10-10.1 NMSA 1978 (being Laws 2005, Chapter 22, Section 2) is repealed and a new Section 12-10-10.1 NMSA 1978 is enacted to read:

"12-10-10.1. [NEW MATERIAL] RESTRICTIONS ON PLACES OF WORSHIP--LIMITATIONS--CIVIL LIABILITY.--

A. An order, rule or other directive issued by a governmental entity pursuant to the All Hazard Emergency Management Act to close or limit businesses or facilities otherwise open to public use or patronage that includes exemptions in whole or in part for some businesses or facilities shall include exemptions to facilities operated by a religious organization that is exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 as a place of worship to the same extent as the most permissive exemption provided by the order, rule or other directive.

B. A person or entity alleging harm due to a violation of this section may seek declaratory or injunctive relief or money damages. Upon a showing of malicious application or reckless enforcement of an order by a violator, a court may also award punitive damages."

SECTION 5. A new Section 12-10-13.1 NMSA 1978 is enacted to read:

"12-10-13.1. [NEW MATERIAL] SHORT TITLE.--Sections 12-10-11 through 12-10-13.1 NMSA 1978 may be cited as the "Emergency Licensing Act"."

SECTION 6. Section 12-10-18 NMSA 1978 (being Laws 1969, Chapter 281, Section 3) is amended to read:

"12-10-18. EMERGENCY RESTRICTIONS.--

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:

(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;

(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;

(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;

(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) the possession of firearms or any other deadly weapon by a person in any place other than [his] the person's place of residence or business, except for peace officers;

(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;

(7) the use of certain streets or highways by the public; and

(8) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.

B. An order, rule or other directive issued by a governmental entity pursuant to the Riot Control Act to close or limit businesses or facilities otherwise open to public use or patronage that includes exemptions in whole or in part for some businesses or facilities shall include an exemption for facilities operated by a religious organization that is exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 as a place of worship to the same extent as the most permissive exemption provided by the order, rule or other directive.

C. A person or entity alleging harm due to a violation of this section may seek declaratory or injunctive relief or money damages. Upon a showing of malicious application or reckless enforcement of an order by a violator, a court may also award punitive damages.

[B.] D. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time."

SECTION 7. Section 12-10A-17 NMSA 1978 (being Laws 2003, Chapter 218, Section 17, as amended) is amended to read:

"12-10A-17. RULEMAKING--EXEMPTIONS--CIVIL LIABILITY.--

A. The secretary of public safety, the secretary of health, the state director and, where appropriate, other affected state agencies in consultation with the secretaries and state director, shall promulgate and implement rules that are reasonable and necessary to implement and effectuate the Public Health Emergency Response Act.

B. An order, rule or other directive issued by a governmental entity pursuant to the Public Health Emergency Response Act to close or limit businesses or facilities otherwise open to public use or patronage that includes exemptions in whole or in part for some businesses or facilities shall include an exemption for facilities operated by a religious organization that is exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 as a place of worship to the same extent as the most permissive exemption provided by the order, rule or other directive.

SECTION 8. Section 12-12-3 NMSA 1978 (being Laws 1980, Chapter 107, Section 3) is amended to read:

"12-12-3. ENERGY SUPPLY ALERT--ENERGY EMERGENCY--POWERS OF THE GOVERNOR.--

A. The governor, after making written findings of the grounds upon which [he] the governor bases [his] a decision, may issue a declaration that an energy supply alert exists. The governor shall publish [his] the declaration and the findings upon which it is based along with any orders issued pursuant to the declared alert. After declaring that the state or any region thereof is in an alert status, the governor may issue executive orders directed at state agencies and political subdivisions of the state. Such orders may include but are not limited to the following provisions:

(1) imposition of restrictions on any wasteful, inefficient or nonessential use of energy resources;

(2) ordering changes in operation schedules and working hours;

(3) curtailing the use of land vehicles, watercraft and aircraft; and

(4) such other provisions as are deemed necessary to reduce the consumption of energy resources.

B. The governor, upon termination of an energy supply alert or after determining that the declaration of an energy supply alert would be insufficient to meet the situation facing the people of New Mexico and after making written findings of the grounds upon which [he] the governor bases [his] a decision that an energy emergency exists, which findings shall be provided to the presiding officer of each house of the legislature, may issue a declaration that such an emergency exists. Upon the issuance of publication of such a declaration and the written determination of need, the governor may issue executive orders and may take such steps as are necessary and appropriate to carry out the provisions of the Energy Emergency Powers Act and generally to protect the peace, health, safety and welfare and preserve the lives and property of the people of this state. Executive orders may include but are not limited to the following provisions:

(1) imposition of restrictions on any wasteful, inefficient or nonessential use of energy resources;

(2) allocation of available supplies of energy resources among areas, users, persons or categories of persons or users. In allocating available resources, the governor shall give priority to energy resource use essential to public health and safety and shall thereafter attempt to allocate the remaining supply equitably;

(3) regulation of the days and times when energy resources may be sold to end users and the amounts [which] that may be sold or purchased;

(4) regulation of the hours and days during which nonresidential buildings may be open and the temperature at which they may be maintained; and

(5) such provisions as may be necessary to [assure] ensure that adequate transportation facilities exist to supply the energy needs of this state.

C. The governor shall review the requests of the chief [executive] executives of political subdivisions that the governor issue orders to require specific actions to be taken within those subdivisions. The governor may grant those requests [he] the governor deems in the best interest of the state and may delegate to the political subdivisions such powers as [he] the governor determines would best be vested in local entities.

D. An order, rule or other directive issued by a governmental entity pursuant to the Energy Emergency Powers Act to close or limit businesses or facilities otherwise open to public use or patronage that includes exemptions in whole or in part for some businesses or facilities shall include an exemption for facilities operated by a religious organization that is exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 as a place of worship to the same extent as the most permissive exemption provided by the order, rule or other directive.

E. A person or entity alleging harm due to a violation of this section may seek declaratory or injunctive relief or money damages. Upon a showing of malicious application or reckless enforcement of an order by a violator, a court may also award punitive damages.

[D.] F. Executive orders issued pursuant to this section shall take effect three days after publication in a manner designed to [assure] ensure statewide notification. In addition, executive orders issued [here under] pursuant to the Energy Emergency Powers Act are exempt from the provisions of the State Rules Act."

SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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