SB 74 — PUBLIC HEALTH ORDER TERMINATION & RENEWAL

SENATE BILL 74 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Gregory A.

Baca 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby PUBLICa HEALTH;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ENACTINGThe Adocument NEWis SECTIONa OFtool THEto EMERGENCYshow POWERSamendments CODE;in context and cannot be used for the purpose of adding amendments to legislation.

AMENDINGh THEg PUBLICo HEALTHt EMERGENCYhr RESPONSEg ACT;e i k h r i s h , t, e u g e b l AN ACT e e h n d d i = = o h RELATING TO PUBLIC HEALTH;

ENACTING A NEW SECTION OF THE l ] b ,d i a º e EMERGENCY POWERS CODE;

AMENDING THE PUBLIC HEALTH EMERGENCY r i = r t e w d RESPONSE ACT;

PROVIDINGm FORa AUTOMATICn TERMINATIONo OFd Am PUBLIC: HEALTH EMERGENCY ORDER OR A PUBLIC HEALTH ORDER THAT CLOSES PUBLIC PLACES OR LIMITS GATHERINGS;

PROVIDINGb FORe RENEWALd ORs AMENDMENTº eo t 17n OF= A.219077.1AIC PUBLICFebruary HEALTH10, EMERGENCY2021 ORDER(8:58am) ORs Ak PUBLICm HEALTHe ORDERe BYa wn e d r e l nu [ A d 18PROVIDING THEFOR LEGISLATUREAUTOMATIC ORTERMINATION BYOF PARTICULARA LEGISLATIVEPUBLIC LEADERSHEALTH INEMERGENCY CERTAINORDER =OR =A 19PUBLIC aHEALTH lORDER CIRCUMSTANCES;THAT CLOSES PUBLIC PLACES OR LIMITS GATHERINGS;

PROVIDING FOR RENEWAL OR AMENDMENT OF A PUBLIC HEALTH EMERGENCY ORDER OR A PUBLIC HEALTH ORDER BY THE LEGISLATURE OR BY PARTICULAR LEGISLATIVE LEADERS IN CERTAIN CIRCUMSTANCES;

i a e r 20 a t m m 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

d r e 22 SECTION 1.

A new section of the Emergency Powers Code is c e s k 23 enacted to read:

e a n b 24 "[NEW MATERIAL]MATERIAL ] PUBLIC HEALTH ORDER--PUBLIC PLACES AND u [ GATHERINGS--TERMINATION AND RENEWAL.-- .219077.1 A.

Upon issuing a public health order pursuant to the Emergency Powers Code 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, the governor shall transmit copies of the order to the president h pro tempore and the minority floor leader of the senate and the u » r t h speaker and the minority floor leader of the house of g e l i representatives.

h r i s B.

A public health order subject to the h , e h t u g requirements of Subsection A of this section shall automaticallye terminateb fourteenl dayse aftere being, issuedgh andautomatically shallterminate notSHPACº befourteen»SHPAC renewedSHPACºforty- orn amendedd nord shalli a= new= ordero beh issuedfive»SHPAC fordays theafter samebeing subjectissued matterand exceptshall bynot jointbe resolutionrenewed ofor thel legislature] or,b if,d thei legislaturea isº notr ine sessionr at= theamended timenor ofshall thea terminationnew oforder anbe order,issued byfor athe jointsame statementsubject thatt ise transmittedw tod them governora andn signedo bymatter threeexcept orby morejoint resolution of ethe tlegislature 17or, if the followingd individuals:m :

theb presidentr proe temporet ofº theo wt ln = .219077.1AIC February 10, 2021 (8:58am) s k m e - 2 - e a n e d 18r senate,e thel minorityu floor[ leaderA ofd legislature is not in session at the senate,time of the speakertermination of =an =order, 19by a lSHPACºjoint thestatement»SHPAC houseSHPACºvote of representativesa ormajority of the minoritymembers floorof leaderthe ofNew iMexico alegislative ecouncil»SHPAC rthat 20is transmitted to the housegovernor ofSHPACºand representatives."signed aby tthree mor mmore 21of SECTIONthe 2.following individuals:

Sectionthe 12-10A-5president NMSApro 1978tempore (beingof Lawsthe 2003,senate, dthe rminority efloor 22leader Chapterof 218,the Sectionsenate, 5)the isspeaker amendedof tothe read:house of representatives or the minority floor leader of the house of representatives»SHPAC ." SECTION 2.

cSection e12-10A-5 sNMSA k1978 23(being "12-10A-5.Laws 2003, Chapter 218, Section 5) is amended to read:

DECLARING"12-10A-5. A STATE OF PUBLIC HEALTH e a n b 24 EMERGENCY--TERMINATING THE EMERGENCY--NOTICE TO LEGISLATURE AND u [ LEGISLATIVE APPROVAL FOR CERTAIN PUBLIC HEALTH EMERGENCIES.-- .219077.1 - 2 - A.

DECLARING A stateSTATE ofOF publicPUBLIC healthHEALTH emergencyEMERGENCY--TERMINATING mayTHE beEMERGENCY--NOTICE declaredTO byLEGISLATURE theAND governorLEGISLATIVE uponAPPROVAL theFOR occurrenceCERTAIN ofPUBLIC aHEALTH publicEMERGENCIES.-- healthA. emergency.

PriorA to a declaration of a state of public health emergency,emergency themay governorbe shalldeclared consultby withthe governor upon the secretaryoccurrence of health.a public health h emergency.

ThePrior governorto shalla authorizedeclaration theof secretarya state of health,public thehealth secretaryg ofo publict safetyhr andemergency, the directorgovernor toshall coordinateconsult awith responsethe tosecretary theof publicg healthe emergency.i k health.

B.The governor shall authorize the secretary of health, h r i s the secretary of public safety and the director to coordinate a h , t, e u g response to the public health emergency.

Ae stateb ofl publice healthe emergencyh shallB. be declared in an executive order that specifies:

(1)A thestate nature of the public health emergency;emergency shall be n d d i = = o h declared in an executive order that specifies:

(2)l the] politicalb subdivisions,d ori geographica areasº affectede byr i = r (1) the nature of the public health emergency;

t e w d m a n o (2) the political subdivisions or geographic d m :

b e d s º o t n = .219077.1AIC February 10, 2021 (8:58am) s k m e - 3 - e a n e d r e l u [ A d areas affected by the public health emergency;

(4) whether the expected duration of the public health emergency [if][if ] is greater than fourteen days for e t 17 an emergency that is used as the basis for an executive order w l n d 18 of general applicability throughout the state or a portion of = = 19 a l the state and closes any public place or forbids or limits i a e r 20 gatherings of people;

a t m m 21 (5) whether the expected duration of the d r e 22 public health emergency is less than thirty days for public c e s k 23 health emergencies not subject to Paragraph (4) of this e a n b 24 subsection;

u [ [(5)] (6) the public health officials needed .219077.1 - 3 - to assist in the coordination of a public health emergency response;

and h [(6)] (7) any other provisions necessary to g o t hr implement the executive order.

g e i k C.

Upon issuing an executive order, based on a h r i s declaration of a state of public health emergency that is of h , t, general applicability throughout the state or a portion of the e u g e b l e e h state that closes any public place or forbids or limits n d d i = = o h gatherings of people, the governor shall transmit copies of the l ] b ,d i a º e declaration to the president pro tempore of the senate, the minorityr floori leader= ofr thet senate,e thew speakerd ofm thea housen ofo representativesminority andfloor leader of the minoritysenate, floorthe leaderspeaker of the house ofd representatives.m :

b e d s º o t n = .219077.1AIC February 10, 2021 (8:58am) s k m e - 4 - e a n e d r e l u [ A d of representatives and the minority floor leader of the house of representatives.

e t 17 [D.] E.

A declaration of a state of public health w l n d 18 emergency shall be terminated:

= = 19 a l (1) by the governor, after consultation with i a e r 20 the secretary of health, upon determining that there is no a t m m 21 longer a public health emergency;

or d r e 22 (2) automatically after: