Albuquerque Journal

Emergency response role for Legislatur­e?

Bipartisan effort could lead to bill giving lawmakers more say in decisions

- BY DAN BOYD

SANTA FE — As evidenced by the coronaviru­s pandemic, New Mexico’s governor currently has broad authority to implement and enforce public health orders in the case of declared emergencie­s.

But several lawmakers — both Democrats and Republican­s — say they are working to craft a bill for the upcoming 60-day legislativ­e session that would change the state’s emergency response laws to give the Legislatur­e a greater say in decisionma­king.

Rep. Daymon Ely, D-Corrales, expressed hope a compromise bill could be crafted that would win bipartisan approval.

He said the bill was not intended as a criticism of Gov. Michelle Lujan Grisham, saying he approves of the governor’s handling of the pandemic and that she has been utilizing past laws approved by the Legislatur­e.

“We got ourselves in the position that the Legislatur­e is not playing a role,” Ely said. “And the Legislatur­e should be involved in the process.”

Under current law, public health orders expire automatica­lly after 30 days — if they’re not ended sooner — but can be renewed by the governor an unlimited number of times.

Lujan Grisham issued her first executive order declaring a public health emergency in response to the COVID-19 pandemic on March 11. The order has since been extended and revised more than a dozen times, and was slated to remain in effect until at least Jan. 13.

Among other things, the current public health order bars movie theaters, bars and concert venues from operating, limits the maximum capacity of grocery stores and other essential businesses and requires the wearing of face masks in public settings.

The governor has also used emergency powers granted to her by the Legislatur­e to enact a 14-day travel quarantine for those entering New Mexico.

Rep. Greg Nibert, R-Roswell, who is working with Ely and several other lawmakers on the emergency powers bill, said legislator­s never contemplat­ed an emergency lasting for nearly 10 months — or longer.

“I just feel we have a constituti­onal role to play and we have not fulfilled that constituti­onal role,” Nibert told the Journal last month.

Nibert and other GOP lawmakers filed bills during special sessions held in June and November that would have required legislativ­e approval for an emergency public health order to be extended beyond 30 days.

But neither proposal was debated at the Roundhouse, in large part because Lujan Grisham did not add them to the sessions’ agendas.

A Lujan Grisham spokeswoma­n said the Governor’s Office would review any legislatio­n that advances in the upcoming session, but said the state’s current laws allowed the Democratic governor to take prompt action once the COVID-19 pandemic began.

“There is no question that the governor’s ability to respond quickly to the pandemic has saved lives,” Lujan Grisham spokeswoma­n Nora Meyers Sackett said.

The debate over emergency powers is complicate­d in New Mexico by the fact the state is the only one in the nation in which legislator­s are not paid a salary, though they do get daily per diem payments intended to cover food and lodging expenses.

In addition, the Legislatur­e only meets for a small portion of the year — for 30 days in even-numbered years and for 60 days in odd-numbered years — under the state Constituti­on.

Nibert insisted the proposed bill would not be a political statement, despite the fact Republican­s have consistent­ly criticized Lujan Grisham for her handling of the COVID-19 pandemic.

“It shouldn’t matter who the executive is or what party the executive comes from,” Nibert said. “I think there’s a need for the legislativ­e branch of government to weigh in.”

 ?? EDDIE MOORE/JOURNAL ?? New Mexico’s public health order requires the wearing of face masks in public settings. Gov. Michelle Lujan Grisham demonstrat­ed how to make a mask out of a bandana during a May 13 news conference at the Capitol.
EDDIE MOORE/JOURNAL New Mexico’s public health order requires the wearing of face masks in public settings. Gov. Michelle Lujan Grisham demonstrat­ed how to make a mask out of a bandana during a May 13 news conference at the Capitol.
 ?? EDDIE MOORE/JOURNAL ?? Annie King of Santa Fe loads her groceries after a shopping trip early in the pandemic.
EDDIE MOORE/JOURNAL Annie King of Santa Fe loads her groceries after a shopping trip early in the pandemic.

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