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NM HB436

NM HB436
Exemptions For Emergency Closures


summary

Introduced
02/17/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO PUBLIC EMERGENCIES; REQUIRING THAT RULES, ORDERS OR OTHER DIRECTIVES ISSUED BY GOVERNMENT ENTITIES PURSUANT TO THE ALL HAZARD EMERGENCY MANAGEMENT ACT, THE PUBLIC HEALTH EMERGENCY RESPONSE ACT, THE RIOT CONTROL ACT OR THE ENERGY EMERGENCY POWERS ACT THAT CLOSE CERTAIN BUSINESSES OR FACILITIES AND THAT INCLUDE EXEMPTIONS FOR SOME BUSINESSES OR FACILITIES SHALL ALSO INCLUDE EXEMPTIONS FOR FACILITIES OPERATED BY RELIGIOUS ORGANIZATIONS THAT ARE EXEMPT FROM TAXATION PURSUANT TO FEDERAL LAW; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

AI Summary

This bill enhances protections for religious organizations during public emergencies by requiring that any government-issued orders, rules, or directives that close or limit businesses during emergencies and provide exemptions for some businesses must also include exemptions for facilities operated by tax-exempt religious organizations (501(c)(3) places of worship). Specifically, the bill amends several existing New Mexico laws, including the All Hazard Emergency Management Act, the Riot Control Act, the Public Health Emergency Response Act, and the Energy Emergency Powers Act, to mandate that religious facilities receive the "most permissive exemption" available to other businesses during emergency closures. The bill also provides legal recourse for religious organizations, allowing them to seek declaratory or injunctive relief, monetary damages, and potentially punitive damages if a governmental entity maliciously or recklessly enforces emergency closure orders that do not provide equal treatment. The provisions of this act will become effective on July 1, 2025, giving government entities time to prepare for and implement these new requirements.

Committee Categories

Government Affairs

Sponsors (2)

Last Action

Sent to HGEIC - Referrals: HGEIC/HJC (on 02/17/2025)

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