Emergency Powers Code Changes
The enactment of SB65 could significantly alter the way public health emergencies are managed in New Mexico. By requiring legislative involvement for the renewal of emergency orders, the bill aims to prevent prolonged measures without legislative consent, thereby enhancing the checks and balances within the state's governance. This approach aims to empower the legislative body to have a more active role during public health disasters, ensuring that such emergencies are more subjected to democratic oversight rather than executive decisions alone.
Senate Bill 65, introduced by Gregory A. Baca and David M. Gallegos, seeks to amend the existing Emergency Powers Code and the Public Health Emergency Response Act. The bill introduces measures to enhance legislative oversight over public health emergency declarations and the orders that govern public gatherings and closures. Notably, it stipulates that any public health order that mandates the closure of public places or limitation of gatherings must automatically terminate after forty-five days unless renewed by a joint resolution of the legislature or a vote of the legislative council, if the legislature is not in session.
The bill has generated discussions regarding the balance of power between the legislature and the executive branch during health crises. Supporters argue that it is crucial to ensure public health orders reflect the will of elected representatives in the legislature, thus safeguarding against potential abuses of power. However, critics express concern that requiring legislative approval could delay urgent public health responses and inhibit swift action necessary to protect public health in emergency situations. The debate centers around the necessity of flexibility during health crises versus the need for accountability and oversight.