Tackling the governor’s authority on Public Health Orders
SANTA FE, N.M. – A bipartisan group of New Mexico State legislators is working to limit the governor’s power when it comes to emergency declarations. The proposed legislation, House Bill 139, adds a new section to the Public Health Emergency Response Act, which would limit the length of any public health emergency and force the governor to ask for permission from the legislature to extend the emergency declaration.
The bipartisan team is made up of State Representative Greg Nibert (R – Chavez, Lincoln), Rep. Daymon Ely (D – Bernalillo, Sandoval), and Rep. William R. Rehm (R – Bernalillo). So far, this bill has received the approval of the House State Government, Elections, and Indian Affairs Committee and needs to pass through the House Judiciary Committee before receiving a vote on the House Floor.
What does this bill do?
House Bill 139 limits the duration of a public health emergency to 90 days, at which point the declaration is set to expire. If the governor believes there is enough present danger that the declaration needs to stay in effect, then the legislature must call for a special session before the end of that 90 days.
The proposed bill declares that the legislature will have the ability to restrict, suspend, terminate, or allow the order to remain in effect. The legislature can grant extensions to the order to keep it in effect, but those extensions can be no longer than 60 days at a time. If the governor believes further extensions are necessary, then the process will begin again until the emergency has ended.
Further limiting the executive power, the bill only allows the governor to have one public health order in effect at a time for a single event, and reads, “any effort to declare approved the Loan/Grant Agreements.
The fourth water project ordinance item involved a Fund Loan Amendment for a loan signed in January of 2019 for the City Meters Project. This project was to replace all meters to conserve water. The amendment was to establish an intercept agreement, which allows for the project funding to be taken directly from the City’s Gross Receipts Tax receipts. Simply put, “They [State of New Mexico] will take the money first before they send us our part,” explained Manager Jaramillo.
Finally, according to Jaramillo, there were some changes needed for the Quarter 1 Finance Report, which been previously approved. The council reviewed the changes, which involved corrections to budget adjustments for the Fiscal Year 2021 and approved them.
Next meeting
The next regular meeting is scheduled for Monday, March 1, city hall, 600 W. Santa Fe Ave., Grants, 6 p.m.
Manager Jaramillo added that the audio has been repaired and should be working for the next meeting which is scheduled to be live streamed on the City of Grants Facebook page.
Visit cityofgrants.net or call 505-287-7927 for more information.