Analysis

Synopsis:

 House Bill 139 (HB 139) provides 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.  It amends and enacts sections of the NMSA 1978 and declares an emergency.

Analysis:

 House Bill 139 (HB 139) enacts a new section of the All Hazard Emergency Management Act (Section 12-10-1 et seq NMSA 1978) in which the governor’s declaration of a state of emergency pursuant to this act terminates after ninety days unless the governor calls the legislature into special session no later than the ninetieth day to address the circumstances of the emergency.

HB 139 proposes to grant the legislature the authority to restrict, suspend or terminate the governor’s declaration of a state of emergency by joint resolution of three-fifths of the members in each chamber.

HB 139 provides that if the legislature fails to take action, the governor may extend the declaration for a period not to exceed sixty days from the date of the adjournment of the special session. The governor will be required to call the legislature into special session to consider an additional extension prior to the termination of the first extension which will be repeated until the declaration expires or the governor fails to call the legislature into special session in accordance with the process outlined here.

HB 139 limits the governor’s authority to declare more than one emergency for any event without the prior consent of the legislature.

It enacts a new section of the Public Health Emergency Response Act (Section 12-10A-1 et seq NMSA 1978 with the same changes.  HB 139 conforms Section 12-10A-5 NMSA 1978 to this ninety-day limitation unless the governor calls the legislature into special session to address the public health emergency.

HB 139 declares an emergency.

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