NM
New Mexico House Bill HB436

New Mexico 2025 Regular Session

New Mexico House Bill HB436 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 436
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
3434
3535 OF
3636
3737 NEW
3838
3939 MEXICO
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4242 FIRST SESSION
4343 ,
4444
4545 2025
4646 INTRODUCED BY
4747 Rod Montoya and Elaine Sena Cortez
4848 AN ACT
4949 RELATING TO PUBLIC EMERGENCIES; REQUIRING THAT RULES, ORDERS OR
5050 OTHER DIRECTIVES ISSUED BY GOVERNMENT ENTITIES PURSUANT TO THE
5151 ALL HAZARD EMERGENCY MANAGEMENT ACT, THE PUBLIC HEALTH
5252 EMERGENCY RESPONSE ACT, THE RIOT CONTROL ACT OR THE ENERGY
5353 EMERGENCY POWERS ACT THAT CLOSE CERTAIN BUSINESSES OR
5454 FACILITIES AND THAT INCLUDE EXEMPTIONS FOR SOME BUSINESSES OR
5555 FACILITIES SHALL ALSO INCLUDE EXEMPTIONS FOR FACILITIES
5656 OPERATED BY RELIGIOUS ORGANIZATIONS THAT ARE EXEMPT FROM
5757 TAXATION PURSUANT TO FEDERAL LAW; AMENDING, REPEALING AND
5858 ENACTING SECTIONS OF THE NMSA 1978.
5959 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6060 SECTION 1. Section 12-10-1 NMSA 1978 (being Laws 1959,
6161 Chapter 190, Section 1, as amended) is amended to read:
6262 "12-10-1. SHORT TITLE.--Sections 12-10-1 through
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9090 [12-10-10] 12-10-10.1 NMSA 1978 may be cited as the "All Hazard
9191 Emergency Management Act"."
9292 SECTION 2. Section 12-10-4 NMSA 1978 (being Laws 1959,
9393 Chapter 190, Section 5, as amended) is amended to read:
9494 "12-10-4. ALL HAZARD EMERGENCY MANAGEMENT--POWERS OF THE
9595 GOVERNOR.--
9696 A. The governor shall have general direction and
9797 control of the activities of the homeland security and
9898 emergency management department and shall be responsible for
9999 carrying out the provisions of the All Hazard Emergency
100100 Management Act and, in the event of any man-made or natural
101101 disaster causing or threatening widespread physical or economic
102102 harm that is beyond local control and requiring the resources
103103 of the state, shall exercise direction and control over any and
104104 all state forces and resources engaged in emergency operations
105105 or related all hazard emergency management functions within the
106106 state.
107107 B. Except as limited by Section 12-10-10.1 NMSA
108108 1978, in carrying out the provisions of the All Hazard
109109 Emergency Management Act, the governor is authorized to:
110110 (1) cooperate with the federal government and
111111 agree to carry out all hazard emergency management
112112 responsibilities delegated in accordance with existing federal
113113 laws and policies and cooperate with other states and with
114114 private agencies in all matters relating to the all hazard
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143143 emergency management of the state and nation;
144144 (2) issue, amend or rescind the necessary
145145 orders, rules and procedures to carry out the provisions of the
146146 All Hazard Emergency Management Act;
147147 (3) provide those resources and services
148148 necessary to avoid or minimize economic or physical harm until
149149 a situation becomes stabilized and again under local self-
150150 support and control, including the provision, on a temporary,
151151 emergency basis, of lodging, sheltering, health care, food,
152152 transportation or shipping necessary to protect lives or public
153153 property; or for any other action necessary to protect the
154154 public health, safety and welfare;
155155 (4) prepare a comprehensive emergency
156156 operations plan and program and to integrate the state
157157 emergency operations plan and program with the emergency
158158 operations plans and programs of the federal government and
159159 other states and to coordinate the preparation of emergency
160160 operations plans and programs by the political subdivisions of
161161 this state;
162162 (5) procure supplies and equipment, to
163163 institute training programs and public information programs and
164164 to take all necessary preparatory actions, including the
165165 partial or full mobilization of state and local government
166166 forces and resources in advance of actual disaster, to ensure
167167 the furnishing of adequately trained and equipped emergency
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196196 forces of government and auxiliary personnel to cope with
197197 disasters resulting from enemy attack or other causes; and
198198 (6) enter into mutual aid agreements with
199199 other states and to coordinate mutual aid agreements between
200200 political subdivisions of the state."
201201 SECTION 3. Section 12-10-5 NMSA 1978 (being Laws 1959,
202202 Chapter 190, Section 6, as amended) is amended to read:
203203 "12-10-5. LOCAL EMERGENCY MANAGEMENT.--The governing
204204 bodies of the political subdivisions of the state are
205205 responsible for the all hazard emergency management of their
206206 respective jurisdictions. Except as limited by Section
207207 12-10-10.1 NMSA 1978, each political subdivision is authorized
208208 to establish, by ordinance or resolution, a local office of
209209 emergency management as an agency of the local government and
210210 responsible to the governing body, in accordance with the state
211211 emergency operations plan and program. Every local coordinator
212212 of emergency management shall be appointed by the governing
213213 body, subject to the approval of the [state director ] secretary
214214 of homeland security and emergency management, and the local
215215 coordinator shall have direct responsibility for carrying out
216216 the all hazard emergency management program of the political
217217 subdivision. The state director shall coordinate the emergency
218218 management activities of all local governmental departments and
219219 agencies and shall maintain liaison with and cooperate with
220220 emergency management agencies and organizations of other
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249249 political subdivisions and of the state government. Each local
250250 organization shall perform emergency management functions
251251 within the territorial limits of the political subdivision
252252 within which it is organized."
253253 SECTION 4. Section 12-10-10.1 NMSA 1978 (being Laws 2005,
254254 Chapter 22, Section 2) is repealed and a new Section 12-10-10.1
255255 NMSA 1978 is enacted to read:
256256 "12-10-10.1. [NEW MATERIAL ] RESTRICTIONS ON PLACES OF
257257 WORSHIP--LIMITATIONS--CIVIL LIABILITY.--
258258 A. An order, a rule or other directive issued by a
259259 governmental entity pursuant to the All Hazard Emergency
260260 Management Act to close or limit businesses or facilities
261261 otherwise open to public use or patronage that includes
262262 exemptions in whole or in part for some businesses or
263263 facilities shall also include exemptions for facilities
264264 operated by religious organizations that are exempt from
265265 taxation pursuant to Section 501(c)(3) of the federal Internal
266266 Revenue Code of 1986 as places of worship to the same extent as
267267 the most permissive exemption provided by the order, rule or
268268 other directive.
269269 B. A person or an entity alleging harm due to a
270270 violation of this section may seek declaratory or injunctive
271271 relief or money damages. Upon a showing of malicious
272272 application or reckless enforcement of an order by a violator,
273273 a court may also award punitive damages."
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302302 SECTION 5. A new Section 12-10-13.1 NMSA 1978 is enacted
303303 to read:
304304 "12-10-13.1. [NEW MATERIAL ] SHORT TITLE.--Sections
305305 12-10-11 through 12-10-13.1 NMSA 1978 may be cited as the
306306 "Emergency Licensing Act"."
307307 SECTION 6. Section 12-10-18 NMSA 1978 (being Laws 1969,
308308 Chapter 281, Section 3) is amended to read:
309309 "12-10-18. EMERGENCY RESTRICTIONS.--
310310 A. During the existence of a state of emergency,
311311 the governor may, by proclamation, prohibit:
312312 (1) any person being on the public streets, in
313313 the public parks or at any other public place during the hours
314314 proclaimed by the governor to be a period of curfew;
315315 (2) any designated number of persons from
316316 assembling or gathering on the public streets, public parks or
317317 other open areas, either public or private, or in any public
318318 building;
319319 (3) the manufacture, transfer, use, possession
320320 or transportation of any device or object designed to explode
321321 or produce uncontained combustion;
322322 (4) the transportation, possession or use of
323323 combustible, flammable or explosive materials in a glass or
324324 uncapped container of any kind except in connection with the
325325 normal operation of motor vehicles, normal home use or
326326 legitimate commercial use;
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355355 (5) the possession of firearms or any other
356356 deadly weapon by a person in any place other than [his ] the
357357 person's place of residence or business, except for peace
358358 officers;
359359 (6) the sale, purchase or dispensing of
360360 alcoholic beverages or other commodities or goods designated by
361361 the governor;
362362 (7) the use of certain streets or highways by
363363 the public; and
364364 (8) other activities the governor reasonably
365365 believes should be prohibited to help maintain life, property
366366 or the public peace.
367367 B. An order, a rule or other directive issued by a
368368 governmental entity pursuant to the Riot Control Act to close
369369 or limit businesses or facilities otherwise open to public use
370370 or patronage that includes exemptions in whole or in part for
371371 some businesses or facilities shall also include exemptions for
372372 facilities operated by religious organizations that are exempt
373373 from taxation pursuant to Section 501(c)(3) of the federal
374374 Internal Revenue Code of 1986 as places of worship to the same
375375 extent as the most permissive exemption provided by the order,
376376 rule or other directive.
377377 C. A person or an entity alleging harm due to a
378378 violation of this section may seek declaratory or injunctive
379379 relief or money damages. Upon a showing of malicious
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408408 application or reckless enforcement of an order by a violator,
409409 a court may also award punitive damages.
410410 [B.] D. Any proclamation issued under this section
411411 becomes effective immediately upon its signing by the governor,
412412 but the governor shall give public notice of its contents
413413 through the public press and other news media. The
414414 restrictions may be imposed during times, upon conditions, with
415415 exceptions and in areas of the state designated by proclamation
416416 of the governor from time to time."
417417 SECTION 7. Section 12-10A-17 NMSA 1978 (being Laws 2003,
418418 Chapter 218, Section 17, as amended) is amended to read:
419419 "12-10A-17. RULEMAKING--EXEMPTIONS--CIVIL LIABILITY .--
420420 A. The secretary of public safety, the secretary of
421421 health, the state director and, where appropriate, other
422422 affected state agencies in consultation with the secretaries
423423 and state director, shall promulgate and implement rules that
424424 are reasonable and necessary to implement and effectuate the
425425 Public Health Emergency Response Act.
426426 B. An order, a rule or other directive issued by a
427427 governmental entity pursuant to the Public Health Emergency
428428 Response Act to close or limit businesses or facilities
429429 otherwise open to public use or patronage that includes
430430 exemptions in whole or in part for some businesses or
431431 facilities shall also include exemptions for facilities
432432 operated by religious organizations that are exempt from
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461461 taxation pursuant to Section 501(c)(3) of the federal Internal
462462 Revenue Code of 1986 as places of worship to the same extent as
463463 the most permissive exemption provided by the order, rule or
464464 other directive.
465465 C. A person or an entity alleging harm due to a
466466 violation of this section may seek declaratory or injunctive
467467 relief or money damages. Upon a showing of malicious
468468 application or reckless enforcement of an order by a violator,
469469 a court may also award punitive damages. "
470470 SECTION 8. Section 12-12-3 NMSA 1978 (being Laws 1980,
471471 Chapter 107, Section 3) is amended to read:
472472 "12-12-3. ENERGY SUPPLY ALERT--ENERGY EMERGENCY--POWERS
473473 OF THE GOVERNOR.--
474474 A. The governor, after making written findings of
475475 the grounds upon which [he ] the governor bases [his] a
476476 decision, may issue a declaration that an energy supply alert
477477 exists. The governor shall publish [his ] the declaration and
478478 the findings upon which it is based along with any orders
479479 issued pursuant to the declared alert. After declaring that
480480 the state or any region thereof is in an alert status, the
481481 governor may issue executive orders directed at state agencies
482482 and political subdivisions of the state. Such orders may
483483 include but are not limited to the following provisions:
484484 (1) imposition of restrictions on any
485485 wasteful, inefficient or nonessential use of energy resources;
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514514 (2) ordering changes in operation schedules
515515 and working hours;
516516 (3) curtailing the use of land vehicles,
517517 watercraft and aircraft; and
518518 (4) such other provisions as are deemed
519519 necessary to reduce the consumption of energy resources.
520520 B. The governor, upon termination of an energy
521521 supply alert or after determining that the declaration of an
522522 energy supply alert would be insufficient to meet the situation
523523 facing the people of New Mexico and after making written
524524 findings of the grounds upon which [he ] the governor bases
525525 [his] a decision that an energy emergency exists, which
526526 findings shall be provided to the presiding officer of each
527527 house of the legislature, may issue a declaration that such an
528528 emergency exists. Upon the issuance of publication of such a
529529 declaration and the written determination of need, the governor
530530 may issue executive orders and may take such steps as are
531531 necessary and appropriate to carry out the provisions of the
532532 Energy Emergency Powers Act and generally to protect the peace,
533533 health, safety and welfare and preserve the lives and property
534534 of the people of this state. Executive orders may include but
535535 are not limited to the following provisions:
536536 (1) imposition of restrictions on any
537537 wasteful, inefficient or nonessential use of energy resources;
538538 (2) allocation of available supplies of energy
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567567 resources among areas, users, persons or categories of persons
568568 or users. In allocating available resources, the governor
569569 shall give priority to energy resource use essential to public
570570 health and safety and shall thereafter attempt to allocate the
571571 remaining supply equitably;
572572 (3) regulation of the days and times when
573573 energy resources may be sold to end users and the amounts
574574 [which] that may be sold or purchased;
575575 (4) regulation of the hours and days during
576576 which nonresidential buildings may be open and the temperature
577577 at which they may be maintained; and
578578 (5) such provisions as may be necessary to
579579 [assure] ensure that adequate transportation facilities exist
580580 to supply the energy needs of this state.
581581 C. The governor shall review the requests of the
582582 chief [executive] executives of political subdivisions that the
583583 governor issue orders to require specific actions to be taken
584584 within those subdivisions. The governor may grant those
585585 requests [he] the governor deems in the best interest of the
586586 state and may delegate to the political subdivisions such
587587 powers as [he] the governor determines would best be vested in
588588 local entities.
589589 D. An order, a rule or other directive issued by a
590590 governmental entity pursuant to the Energy Emergency Powers Act
591591 to close or limit businesses or facilities otherwise open to
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620620 public use or patronage that includes exemptions in whole or in
621621 part for some businesses or facilities shall also include
622622 exemptions for facilities operated by religious organizations
623623 that are exempt from taxation pursuant to Section 501(c)(3) of
624624 the federal Internal Revenue Code of 1986 as places of worship
625625 to the same extent as the most permissive exemption provided by
626626 the order, rule or other directive.
627627 E. A person or an entity alleging harm due to a
628628 violation of this section may seek declaratory or injunctive
629629 relief or money damages. Upon a showing of malicious
630630 application or reckless enforcement of an order by a violator,
631631 a court may also award punitive damages.
632632 [D.] F. Executive orders issued pursuant to this
633633 section shall take effect three days after publication in a
634634 manner designed to [assure ] ensure statewide notification. In
635635 addition, executive orders issued [here under ] pursuant to the
636636 Energy Emergency Powers Act are exempt from the provisions of
637637 the State Rules Act."
638638 SECTION 9. EFFECTIVE DATE.--The effective date of the
639639 provisions of this act is July 1, 2025.
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