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SB 4 TERMINATION & RENEWAL OF PUBLIC HEALTH ORDERS

Current Location: SCC
Referrals: SCC

[1] SCC-SCC

SB 4 PDF  |  SB 4 FIR


Scheduled on - Date:  Time:   Location:

3/30/2021 [1] - Sent to location Senate Committees Committee (SCC)
3/05/2021 [10]HSEIC - Do Pass House Judiciary (HJC)
2/18/2021 [8]SCal - Passed the Senate House Introduction (HINT)
2/17/2021 [5]HAFC - Do Pass as Amended Senate Calendar (SCal)
2/01/2021 [3]SRC - Do Pass Senate Judiciary (SJC)
1/19/2021 [1] - Sent to location Senate Rules (SRC)
Synopsis:

 Senate Bill 4 of the 2021 special session includes all of the items in Senate Bill 74 and provides for the renewal or amendment of a public health emergency or order by the legislature or the New Mexico legislative council.

Analysis:

 SB 4 special session

Synopsis
Senate Bill 4 of the 2021 special session includes all of the items in Senate Bill 74 and provides for the renewal or amendment of a public health emergency or order by the legislature or the New Mexico legislative council.

Analysis
Senate Bill 4 of the 2021 special session includes all of the items in Senate Bill 74 and provides for the renewal or amendment of a public health emergency or order by the legislature or the New Mexico legislative council. The title read as follows: 

RELATING TO PUBLIC HEALTH; ENACTING A NEW SECTION OF THE EMERGENCY POWERS CODE; AMENDING THE PUBLIC HEALTH EMERGENCY RESPONSE ACT; ENACTING A NEW SECTION OF THE PUBLIC HEALTH ACT; PROVIDING FOR AUTOMATIC TERMINATION OF A PUBLIC HEALTH EMERGENCY ORDER OR A PUBLIC HEALTH ORDER 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 VOTE OF THE NEW MEXICO LEGISLATIVE COUNCIL IN CERTAIN CIRCUMSTANCES; DECLARING AN EMERGENCY.

Changes the title provide that the renewal or amendment of a public health emergency order or public health order can be determined by a vote of the New Mexico Legislative Council rather than certain legislative leaders as proposed in SB 74..

SECTION 1. A new section of the Emergency Powers Code is enacted to read: "[NEW MATERIAL] PUBLIC HEALTH ORDER--PUBLIC PLACES AND GATHERINGS--TERMINATION AND RENEWAL is changed in SB 4, Subsection B to provide that a public health order shall automatically terminate in 45 days, rather than the proposed 14 days of SB 74. SB 4 also provides that an order shall not be renewed or amended or a new order issued except by a joint resolution of the legislature or by a vote of the majority of members of the New Mexico legislative council. Subsection B reads as follows:
B. A public health order subject to the requirements of Subsection A of this section shall automatically terminate 45 days after being issued and shall not be renewed or amended nor shall a new order be issued for the same subject matter except by joint resolution of the legislature or, if the legislature is not in session at the time of the termination of an order, by a vote of the majority of the members of the New Mexico legislative council that is transmitted to the governor.”

SECTION 3. A new section of the Public Health Act is enacted to read: 
"[NEW MATERIAL] PUBLIC HEALTH ORDER--PUBLIC PLACES AND GATHERINGS--TERMINATION AND RENEWAL is changed in Subsection B to reflect the same changes as the title and Section 1 extending the days until termination and providing for the decision for renewal, amendment, or new order. Subsection B reads as follows:
B. A public health order 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 shall automatically terminate 45 (14) days after being declared and shall only be renewed, amended or reissued by a joint resolution of the legislature or, if the legislature is not in session for a period of time until the legislature meets in session, by a vote of the majority of the members of the New Mexico legislative council that is transmitted to the governor."

Amendments:

Current Law: