The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- All Hazard Emergency Management Act, NMSA 1978, Sections 12-10-1 to 12-10-10
- Effective
- standing throughout 2020-2021
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding duty
- Addressees
- the Governor; all political subdivisions of the State and their emergency-management coordinators
- Character
- statutory duty
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
It is the duty of all political subdivisions of the state and their coordinators of the all hazard emergency management programs appointed pursuant to the provisions of the All Hazard Emergency Management Act... to comply with and enforce all executive orders and rules made by the governor or under the governor's authority pursuant to law.
Penalty
None in the AHEMA itself; violations of the emergency orders were prosecuted under NMSA 1978, §§ 24-1-21 and 12-10A-19 and, for quarantine, through the PHERA's isolation and quarantine procedures
What it required
Authorized the Governor to 'issue, amend or rescind the necessary orders, rules and procedures' and to take 'any other action necessary to protect the public health, safety and welfare' in a disaster 'causing or threatening widespread physical or economic harm' (§ 12-10-4(A), (B)(2)-(3)), and bound every political subdivision to comply with and enforce the Governor's executive orders (§ 12-10-10(A)); the footing, with the PHERA, of Executive Order 2020-004 and of the traveler-quarantine orders (Exs. NM-001, NM-024, which recites § 12-10-10(A)).
Retrieval noteSame exhibit file as DUT-NM-004. The AHEMA contains no offense or penalty section; the record states that exactly. Its duty clause runs to political subdivisions, which is why Executive Order 2020-004 directed political subdivisions to enforce the State orders (Ex. NM-001) and why local enforcement of the public health orders proceeded under §§ 24-1-21 and 12-10A-19.