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The States

New Mexico

The New Mexico file holds 78 instruments from the State's governor, health authorities, courts and agencies, 73 of them with the exhibit file held by The COVID Project. 138 records in the Library resolve to New Mexico in all, counting its metros, the agency clusters and the standing duties.

Code NMFirst closure or stay-at-home order Mar. 16, 2020 Ex. NM-003End of general restrictions July 1, 2021Orders reaching 2021 Q3 20Primary source read 72 Confirmed from a secondary source 6
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The New Mexico file

The record in brief

New Mexico ran one of the longest and most tightly drawn State regimes in the country, and every general instrument in it carried force of law under the Public Health Emergency Response Act (NMSA 1978, ch. 12, art. 10A), the Public Health Act (ch. 24, art. 1) and the All Hazard Emergency Management Act (ch. 12, art. 10). The Governor declared a public health emergency on March 11, 2020 (EO 2020-004, NM-001) and renewed it without interruption in four-week increments through September 30, 2021 and beyond (EO 2021-054, signed Sept. 15, 2021, renewed the emergency through Oct. 15, 2021, NM-069). The Secretary of Health's public health orders (PHOs) did the operative work. 2020 Q2 (March 13 to June 30, 2020): a March 13 nursing-facility visitation order (NM-002); a March 16 order capping restaurants at 50 percent and closing casinos (NM-003); a March 19 order prohibiting gatherings of ten or more, closing dine-in service, malls, gyms, theaters and flea markets and capping hotels at 50 percent (NM-005); the March 23 stay-at-home and closure order, effective March 24, which directed every non-essential business to 'reduce the in-person workforce at each business or business location by 100%', prohibited gatherings of five or more, ordered all call centers to reduce in-person workforce by 100 percent and capped lodging at 50 percent (NM-006); the March 24 prohibition of non-essential health care services, procedures and surgeries in hospitals, ambulatory surgical centers and dental, orthodontic and endodontic offices (NM-007) and the March 24 PPE rationing order (NM-008); the Supreme Court's March 17 order suspending jury trials and capping courthouse gatherings at 25 and its March 24 stay of writs of restitution (NM-004, NM-009); K-12 schools closed March 16 for the rest of the school year; air arrivals ordered to self-isolate 14 days from March 27 (EO 2020-013). The stay-home order was extended April 6 (retail 20 percent, lodging 25 percent, NM-010), April 11 (houses of worship, NM-011) and April 30 (curbside for non-essential retail, golf, gun shops, through May 15, NM-012); the health-care prohibition was modified April 30 to a gradual, conditioned reopening (NM-013); the Governor sealed the City of Gallup under the Riot Control Act May 1-10 (NM-014, NM-015). Phase 1 began May 16 (retail 25 percent, universal face coverings, gatherings of five prohibited, salons, gyms and dine-in closed, NM-016), outdoor dining at 50 percent May 27 (NM-018), and indoor dining at 50 percent, gyms 50 percent, salons and malls 25 percent, lodging 50 percent on June 1 (NM-021), breweries June 15 (NM-022), all carried through June 30 (NM-023). 2020 Q3: a mandatory 14-day quarantine for all out-of-State arrivals took effect July 1 (EO 2020-054, NM-024); indoor dining was closed again July 13 and State parks were closed to non-residents (NM-026); the July 30 order kept outdoor dining only (NM-027); indoor dining returned at 25 percent with a ten-person gathering cap August 29 (NM-028); hotels rose to 75 percent for Safe-Certified operators September 4 (NM-030) as the quarantine narrowed to arrivals from high-risk States (EO 2020-063, NM-031); the September 18 order carried the regime to October 16 (NM-032). 2020 Q4: the October 16 order cut gatherings to five, set a 10 p.m. closing for establishments serving alcohol and cut lodging to 60/25 percent (NM-033); the October 23 order imposed a 10 p.m. retail closing and mandatory two-week closures for businesses with four rapid responses (NM-036); the travel quarantine lost its testing exemption (EO 2020-072, NM-034) and, from October 29, reached every non-exempt arrival (EO 2020-075, NM-037); the November 16-30 'reset' re-closed all non-essential in-person business, ended all dine-in service, capped essential retail at the lesser of 25 percent or 75 customers and closed uncertified lodging (NM-039, NM-040); the Red-to-Green county framework took effect December 2 (NM-041, NM-042) with essentially the whole State at Red (gatherings of more than five prohibited, no indoor dining, essential retail 25 percent, close-contact businesses 25 percent or ten customers, lodging 40/25 percent); non-essential surgeries were prohibited December 11 to January 4 (NM-043). 2021 Q1: Red-level restrictions persisted for most counties into February under the December 30 and January 29 reissues (NM-047, NM-049); the mandatory travel quarantine ended February 10, 2021 (EO 2021-006, NM-051); 2021 Q2: the framework continued under the April 30 (NM-054), May 14 (NM-056) and June 2 (NM-057) orders with capacity and gathering caps at every level (Turquoise: gatherings 150, essential retail 75 percent, bars 33 percent), the universal mask rule relaxed for the fully vaccinated May 14, and the framework expired June 30. 2021 Q3: the June 30 order, effective July 1, removed occupancy and gathering limits but kept masks mandatory for the unvaccinated, made adherence to the COVID-Safe Practices mandatory for 'all businesses, establishments, and non-profit entities', kept rapid-response reporting and bound private schools to the PED Reentry Guidance and Toolkit (NM-060); the July 30 order extended those terms (NM-062); EO 2021-046 imposed vaccinate-or-test on State employees from August 2 (NM-063); the August 17 orders reinstated a universal indoor mask mandate from August 20 (NM-067) and required hospital, congregate-care and Governor's-office workers to be fully vaccinated and all school workers to vaccinate or test weekly from August 23, with vaccination proof for State Fair entry September 9-19 (NM-068); the September 15 orders extended the mask mandate to October 15 and added hospital reporting (NM-070, NM-071); the Supreme Court reinstated courthouse masks and testing of unvaccinated judicial employees August 23 (NM-066); the writ-of-restitution stay ran throughout (lifted in phases only from January 4, 2022, NM-072). Every PHO from April 6, 2020 through September 2021 recited that nothing in it was intended 'to restrain or preempt local authorities from enacting more stringent restrictions'.

The six quarters

What the record shows in force in New Mexico on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

QuarterFirst dayLast day
2020 Q2Second quarter of 2020The quarter nationally →EO 2020-004 emergency (NM-001); PHO Mar. 23, 2020 stay-at-home/closure in force (NM-006): all non-essential businesses 'reduce the in-person workforce... by 100%', mass gatherings of 5+ prohibited, call centers 100% remote, lodging 50%, casinos closed; PHO Mar. 19 closures (dine-in, malls, gyms, theaters) folded into it (NM-005); PHO Mar. 24 prohibition of non-essential health care services, procedures and surgeries (effective Mar. 27) and PPE rationing (NM-007, NM-008); EO 2020-013 14-day self-isolation of air arrivals (Mar. 27; recited); K-12 schools closed for the school year (Mar. 27 announcement); NMSC Order 20-8500-002 (jury trials suspended, 25-person courthouse cap) and 20-8500-007 (writs of restitution stayed) (NM-004, NM-009); Rail Runner suspended; State offices closed to the public (Mar. 15 directive).PHO June 30, 2020 (NM-023), effective immediately through July 15: mass gatherings of 5+ prohibited; non-essential and retail businesses 25%; indoor dining 50%, bars take-out only; gyms 50%, salons and malls 25%; lodging 50%; houses of worship 25%; universal face coverings (retailers must refuse entry to the unmasked); casinos closed; EO 2020-036 renewal through July 1 (NM-020); NMSC face-covering order and Protocols (NM-017, NM-019); air-arrival quarantine (EO 2020-013 as amended); writ stay.
2020 Q3Third quarter of 2020The quarter nationally →PHO June 30 (NM-023) as above; EO 2020-054 (NM-024): every person arriving from outside New Mexico must self-quarantine 14 days or for the duration of the stay; EO 2020-053 renewal (recited); NMSC Order 20-8500-025 protocols (July 6, NM-025); writ stay.PHO Sept. 18, 2020 (NM-032; through Oct. 16): mass gatherings of more than 10 prohibited; essential retail 25% with mask-entry rule; close-contact businesses 25%; close-contact recreational facilities closed; indoor dining 25%, outdoor 75%, no bar seating; houses of worship 40%; lodging 75% (NM Safe Certified) / 50%; State parks residents only; universal masks; EO 2020-063 (NM-031) 14-day quarantine for arrivals from high-risk States (72-hour negative test exemption); EO 2020-064 renewal (recited); writ stay; court protocols.
2020 Q4Fourth quarter of 2020The quarter nationally →Same as Sept. 30, 2020 (PHO Sept. 18, NM-032; EO 2020-063, NM-031).PHO Dec. 30, 2020 (NM-047; through Jan. 29, 2021) Red-to-Green framework with 33 of 33 counties at Red on Dec. 16 (Governor's map release): Red = mass gatherings of more than 5 prohibited; essential retail 25%; no indoor dining, outdoor 25%; close-contact businesses and other businesses the lesser of 25% or 10 customers; houses of worship 25%; lodging 40% (certified) / 25%; retail and dining close 9-10 p.m.; universal masks; four-rapid-response two-week closures; EO 2020-075 (NM-037) 14-day quarantine for all non-exempt arrivals; EO 2020-085 renewal through Jan. 8, 2021 (NM-044); PHO Dec. 9 non-essential surgeries prohibited Dec. 11-Jan. 4 (NM-043); NMSC Order 20-8500-042 protocols (NM-045); writ stay.
2021 Q1First quarter of 2021The quarter nationally →Same as Dec. 31, 2020 (NM-047, NM-037, NM-044, NM-043, NM-045, NM-009).Essential retail 75/50/33/25%; indoor dining 75/50/33/0%; universal masks; travel quarantine advisory only since Feb. 10 (EO 2021-006, NM-051); EO 2021-010 renewal through Apr. 2 (NM-052); PHO Apr. 5, 2021 LTC visitation order followed; court protocols; writ stay.
2021 Q2Second quarter of 2021The quarter nationally →Universal masks; EO 2021-010 (NM-052) then EO 2021-011 (NM-053); writ stay; court protocols.PHO June 2, 2021 (NM-057; through June 30): all counties Turquoise: mass gatherings of more than 150 prohibited; essential retail 75%; large entertainment venues 33% indoor / 75% outdoor; recreational facilities 50/75%; bars and clubs 33% indoor; restaurants 75% outdoor and (Turquoise) indoor per table; lodging 100% certified / 50%; vacation rentals 15 guests; masks for the not fully vaccinated; EO 2021-030 renewal through July 23 (NM-058); NMSC Order 21-8500-015 (NM-059); writ stay.
2021 Q3Third quarter of 2021The quarter nationally →PHO June 30, 2021 (NM-060), effective July 1 through July 30: occupancy and gathering limits removed; masks required for all not fully vaccinated (para. 1); 'All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices' (para. 3); rapid-response reporting (para. 2); private schools bound to PED Reentry Guidance and Toolkit (para. 4); $5,000 per-violation penalty (para. 6); EO 2021-030 emergency (NM-058); Apr. 5, 2021 LTC visitation order and vaccine-provider orders continued (para. 2); NMSC Order 21-8500-015 protocols (NM-059); NMSC writ stay (NM-009).EO 2021-054 emergency renewed through Oct. 15 (NM-069); PHO Sept. 15, 2021 masks (NM-070): every person aged 2+ must wear a mask in all indoor public settings through Oct. 15; PHO Sept. 15, 2021 vaccinations (NM-071): hospital workers, congregate-care workers and Governor's-office employees fully vaccinated or exempt-and-tested weekly, school workers vaccinated or tested weekly and masked, hospital reporting; EO 2021-046 State employees vaccinate-or-test (NM-063); NMSC Order 21-8500-021 courthouse masks, testing of unvaccinated judicial employees, vaccination of new hires (NM-066); writ-of-restitution stay (NM-009; lifted in phases only from Jan. 4, 2022, NM-072); CSP adherence and rapid-response reporting (NM-067/070 paras. 2-3).

The end of general restrictions

The day the general business restrictions ended in New Mexico, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

Instrument NMDOH Public Health Emergency Order of June 30, 2021 (Collins), effective July 1, 2021 (Ex. NM-060), superseding the June 2, 2021 county-by-county order (Ex. NM-057)

What remained in force

Mask requirement for every person not fully vaccinated in public settings (NM-060 para. 1); mandatory adherence by 'all businesses, establishments, and non-profit entities' to the pertinent COVID-Safe Practices (para. 3); rapid-response reporting when four or more cases occur in fourteen days (para. 2); private-school face-covering, reporting, testing and closure requirements by incorporation of the PED Reentry Guidance and COVID-19 Response Toolkit (para. 4); the April 5, 2021 long-term-care visitation order and the vaccine-provider orders (para. 2); civil administrative penalties of up to $5,000 per violation under NMSA 1978, Section 12-10A-19 (para. 6); the public health emergency (EO 2021-030, then 2021-044, 2021-049, 2021-054); the Supreme Court's emergency court protocols and the stay of writs of restitution; then, from August 2, the State-employee vaccinate-or-test order (EO 2021-046), from August 20 the universal indoor mask mandate (PHO Aug. 17, 2021), from August 17/23 the hospital, congregate-care and school-worker vaccination and testing requirements (PHO Aug. 17, 2021), all extended September 15, 2021 through at least October 15, 2021.

Preemption of local orders

New Mexico did not preempt local orders. Every general public health order from April 6, 2020 onward carried the clause 'Nothing in this Order is intended to restrain or preempt local authorities from enacting more stringent restrictions than those required by the Order' (Exs. NM-010 through NM-062, verbatim), and from July 30, 2021 the clause read 'local authorities or state agencies' (NM-062, NM-067, NM-070). EO 2020-004 para. 1 directed that 'all political subdivisions within New Mexico shall adhere to Section 12-10-10, which mandates compliance with and enforcement of this Order' (NM-001). The State itself imposed municipal-level lockdowns on the City of Gallup at the Mayor's request under the Riot Control Act, NMSA 1978, Sections 12-10-16 to -21 (EO 2020-027, May 1-4, 2020; EO 2020-028, May 4-7, 2020; extended to May 10, 2020) (NM-014, NM-015). The City of Albuquerque declared a local public health emergency March 18, 2020 under Ordinance O-20-4 (NM-073).

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in New Mexico. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (18)

Sector chronology

How the orders reached each kind of business in New Mexico, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Mar. 16, 2020: 50% occupancy, no bar seating (NM-003); Mar. 19: dine-in closed, take-out and delivery only (NM-005); May 27: outdoor dining 50% (NM-018); June 1: indoor 50%, bars take-out only (NM-021); June 15: breweries dine-in 50% (NM-022); July 13: indoor dining closed again, outdoor 50% (NM-026); Aug. 29: indoor 25%, outdoor 75%, six per table (NM-028); Oct. 16: alcohol-serving establishments close 10 p.m. (NM-033); Oct. 23: certified-only indoor dining, logbooks, four-rapid-response closures (NM-036); Nov. 16-Dec. 1: no dine-in at all (NM-039); Dec. 2-June 30, 2021: Red 0% indoor/25% outdoor, Yellow 25%, Green 50% (certified), Turquoise 75%; bars closed at Red/Yellow/Green, 33% Turquoise (NM-041-057); July 1, 2021: limits lifted, CSPs mandatory, masks for unvaccinated (NM-060); Aug. 20: universal indoor masks (NM-067). No alcohol-to-go existed until the Liquor Control Act reform effective July 1, 2021 (context).

Retail

Mar. 23, 2020: non-essential retail closed (100% in-person reduction), essential retail open with distancing (NM-006); Apr. 7: essential retail 20% (NM-010); May 1: curbside for non-essential (NM-012); May 16: retail 25%, universal masks (NM-016); July 1: retailers must refuse entry to the unmasked (NM-023, NM-026 para. 6); Oct. 23: all retail closes 10 p.m. (NM-036); Nov. 16-Dec. 1: non-essential retail closed, essential retail lesser of 25% or 75 customers, big-box stores closed Nov. 19 (NM-039, NM-040); Dec. 2-June 30, 2021: essential retail 25/33/50/75% by level, other retail 25%-or-10 at Red (NM-041-057); July 1, 2021: limits lifted (NM-060).

Personal care

Mar. 23-May 31, 2020: salons, barbers, nail and massage closed as non-essential (NM-006, NM-016 para. 3 'close-contact businesses... must remain closed'); June 1: 25% by appointment, waiting rooms closed (NM-021); July 13-Oct.: 25%, masks inside (NM-026 para. 8); Nov. 16-Dec. 1: closed again, animal grooming barred (NM-039, NM-040); Dec. 2-June 30, 2021: lesser of 25% or 10 customers at Red, 25%/20 Yellow, 50% Green, 75% Turquoise (NM-041-057); July 1, 2021: limits lifted (NM-060).

Fitness and entertainment

Mar. 19, 2020: gyms, recreational facilities, theaters, flea markets closed (NM-005); casinos closed Mar. 16 through 2020 (NM-003, NM-033 definitions); June 1: gyms 50%, no group classes, pools lane-swim only (NM-021); July 13: 'close contact facilities' 25%, masks while exercising, organized contact sports prohibited (NM-026 paras. 8, 18); Aug. 29: static-display museums 25%, close-contact recreational facilities closed (NM-028); Oct. 16: bowling league-only, rinks by reservation (NM-033); Nov. 16: all outdoor recreational facilities and State museums closed (NM-039); Dec. 2-June 30, 2021: recreational facilities closed at Red/Yellow indoors, 25% Green, 50% Turquoise; large entertainment venues closed until Green 25%/Turquoise 33% (NM-041-057); July 1, 2021: lifted (NM-060); State Fair Sept. 9-19, 2021 vaccination proof required (NM-068 para. 8).

Hotels and short-term rentals

Mar. 19, 2020: lodging 50% (NM-005); Mar. 24: 50% with health-care and extended-stay guests excluded (NM-006 para. 5); Apr. 7-May 31: 25% (NM-010, NM-016); June 1: 50%, vacation rentals counted per manager (NM-021); Sept. 4: 75% Safe-Certified / 50% (NM-030); Oct. 16: 60% / 25% (NM-033); Nov. 16-Dec. 1: 25% certified, all others closed except health-care, extended-stay and quarantine guests (NM-039 para. 6); Dec. 2-June 30, 2021: 40/25% Red, 60/25% Yellow, 75/40% Green, 100/50% Turquoise, vacation rentals 5/5/10/15 guests (NM-041-057); lodging operators expected to enforce and report traveler quarantine July 1, 2020-Feb. 10, 2021 (NM-024, Governor's July 1 release); July 1, 2021: limits lifted (NM-060).

Offices and telework

Mar. 15, 2020 directive: State agencies complete transition of all employees able to work remotely; all State buildings closed to the public except direct-service offices such as MVD on a remote model (Governor's release); Mar. 23: 'All businesses, except those entities identified as essential businesses, are hereby directed to reduce the in-person workforce at each business or business location by 100%' and 'All call centers situated in New Mexico are directed to reduce their in-person workforce by 100%'; the order 'only requires the closure of physical office spaces, retail spaces, or other public spaces of a business and does not otherwise restrict the conduct of business operations through telecommuting or otherwise working from home' (NM-006 paras. 2, 3, 6), continued Apr. 7 and Apr. 11 and through May 15 (NM-010-012); May 16: non-essential businesses 25% (NM-016); Nov. 16-Dec. 1: 100% in-person reduction again, telework carve-out (NM-039 paras. 3, 5); Red level Dec. 2-Feb. 2021: 25%-or-10; Aug. 2, 2021: State employees vaccinate-or-test and mask (NM-063).

Manufacturing

Mar. 23, 2020: only 'manufacturing operations involved in food processing, manufacturing agents, chemicals, fertilizer, pharmaceuticals, sanitary products, household paper products, microelectronics/semi-conductor, primary metals manufacturers, electrical equipment, appliance, and component manufacturers, and transportation equipment manufacturers' were essential; all other manufacturers reduced in-person workforce 100% Mar. 24-May 15, 2020 (NM-006 para. 3(h)) and again Nov. 16-Dec. 1, 2020 (NM-039); essential manufacturers 'minimize their operations and staff to the greatest extent possible'; rapid-response closures Oct. 23, 2020-June 30, 2021 (NM-036, NM-041); CSPs mandatory through Q3 2021 (NM-060 para. 3).

Construction

Mar. 23, 2020: 'public works construction, commercial and residential construction and maintenance' listed as essential 'infrastructure operations' and permitted only if they 'minimize their operations and staff to the greatest extent possible' with six-foot distancing (NM-006 para. 3(g), directive 2); the same condition in every closure order through Dec. 1, 2020 (NM-010-012, NM-039); all businesses bound to the COVID-Safe Practices from May 16, 2020 through Sept. 30, 2021 (NM-016 para. 2; NM-060 para. 3); Gallup roads closed to non-residents May 1-10, 2020 (NM-014, NM-015).

Real estate

Mar. 23, 2020: 'Real estate services including brokers, title companies, and related services' essential but limited to minimized operations and staff (NM-006 para. 3(q)); Mar. 24, 2020-Jan. 4, 2022: Supreme Court stay of execution of writs of restitution for nonpayment of rent on a showing of inability to pay (NM-009, NM-072); Mar. 26, 2020: mobile-home-park writs stayed (Order 20-8500-008, listed); June 5, 2020-Aug. 2, 2021: garnishment and execution writs in consumer-debt cases stayed (Orders 20-8500-021, 21-8500-018, listed); MVD and public offices on remote or appointment models from Mar. 16, 2020 (release).

Hospitals and long-term care

Mar. 13, 2020: nursing facility visitation restricted (NM-002); Mar. 24: non-essential procedures prohibited and PPE sale/distribution barred without DOH approval, inventories reported in three days (NM-007, NM-008); Apr. 30: reopening conditioned on daily HAvBED reporting, PPE conservation, visitor restrictions, staffing plans (NM-013); Dec. 9, 2020: non-essential surgeries prohibited Dec. 11-Jan. 4 (NM-043); Apr. 5, 2021: LTC visitation order (recited NM-060); Aug. 17, 2021: all hospital and congregate-care facility workers fully vaccinated (first dose within 10 days, second within 40), exemptions tested weekly and masked, records to DOH on request (NM-068); Sept. 15, 2021: hospitals report worker vaccination counts to DOH (NM-071).

Dental and elective health care

Mar. 24, 2020 (effective Mar. 27): hospitals, ambulatory surgical facilities, 'dental, orthodontic and endodontic offices... are prohibited from providing non-essential health care services, procedures, and surgeries', defined as those 'which can be delayed for three (3) months without undue risk'; compliance policy due in three days; $5,000 per violation (NM-007); Apr. 30: prohibition continued 'except under the conditions provided below', with gradual resumption only under DOH 'Reopening Guidelines: Medical Offices' and 'Medically Necessary Surgery and Procedural Guidelines' and facility attestations (NM-013); Dec. 11, 2020-Jan. 4, 2021: hospital acute-care facilities prohibited from non-essential surgical procedures (NM-043); May 14, 2021: masks remain required in all health care settings regardless of vaccination (NM-056; Governor's release); Aug. 17, 2021: hospital workers fully vaccinated (NM-068).

Schools

Mar. 13, 2020: all public schools closed Mar. 16-Apr. 3 (Governor's release); Mar. 27: closed for the remainder of the year (release); fall 2020: remote until Sept. 8, then limited hybrid by county level, with private schools bound by PHO to the PED 'Reentry Guidance' of June 20, 2020 at 25% classroom occupancy (NM-028 para. 11 onward); Jan. 2021 remote reset and Feb. 8 hybrid expansion, Apr. 5, 2021 full in-person (Ballotpedia, secondary); 2021-22: masks for everyone in school buildings and PED Toolkit reporting, testing and closure rules (NM-060/067/070 para. 4; Governor's Aug. 17 release); Aug. 23, 2021: all school workers vaccinated or tested weekly and masked (NM-068 para. 1).

Child care

Mar. 23, 2020: 'Childcare facilities necessary to provide services to those workers employed by essential businesses' the only child care deemed essential (NM-006 para. 3(c)); Nov. 16, 2020: 'Childcare facilities' essential but must 'reduce in-person workforce and operations to the greatest extent possible' (NM-039; Governor's Nov. 18 release); summer youth programs limited to CSP compliance from May 16, 2020 (NM-016 para. 13).

Worship and gatherings

Mar. 12, 2020: gatherings of 100+ prohibited (recited NM-003, NM-004); Mar. 19: 10+ (NM-005); Mar. 24: 5+ (NM-006); Apr. 11: houses of worship brought under the 5-person prohibition (NM-011); May 16: worship 25% (NM-016); Aug. 29: worship 40%, gatherings 10 (NM-028); Oct. 16: gatherings 5 (NM-033); Oct. 23: worship not usable for non-religious events (NM-036); Nov. 16: worship lesser of 25% or 75 (NM-039); Dec. 2-June 30, 2021: gatherings 5/10/20/150 and worship 25/25/50/75% by level (NM-041-057); July 1, 2021: caps lifted (NM-060).

Courts and public offices

Mar. 12, 2020: civil jury trials suspended, courthouse gatherings capped at 25 (recited in NM-004); Mar. 17: criminal jury trials suspended to Apr. 30, all proceedings capped at 25 people, telephonic appearances (NM-004); Mar. 24: writ stay (NM-009); May 16: masks required in every courthouse (NM-017); jury trials suspended to May 29 (Order 20-8500-013) and recommenced June 15-July 15 under district plans, 15-person cap unless six feet maintained (NM-019); July 6: PHE Court Protocols Nos. 1-3 (screening, masks, telework, travel restrictions, remote proceedings) (NM-025), amended Aug. 14, Sept. 4, Oct. 15, Nov. 13, Nov. 20, Dec. 14, 2020 (NM-045), May 4, June 4, June 29, 2021 (NM-059), Aug. 9 and Aug. 16, 2021 (masks reinstated for judicial officers and employees, regular testing of the unvaccinated, vaccination of new employees, effective Aug. 23) (NM-064, NM-066); State museums, historic sites, parks and visitor centers closed Mar. 16, 2020, parks day-use only and residents only July 13-Nov. 2020 (NM-026 para. 19).

Travel and quarantine

Mar. 27, 2020: air arrivals self-isolate 14 days (EO 2020-013; release); July 1: all arrivals by any means 14 days or duration of stay, essential-business travelers exempt, lodging to enforce (NM-024); Sept. 4: high-risk States only (positivity 5%+ or 80/1M), 72-hour test exemption (NM-031); Oct. 16: test exemption removed (NM-034); Oct. 29: every non-exempt arrival, including residents returning from non-work travel (NM-037); Feb. 10, 2021: rescinded, advisory 14-day quarantine and testing (NM-051); Gallup roads closed May 1-10, 2020 (NM-014, NM-015); State parks closed to non-residents July 13-Dec. 2020 (NM-026, NM-033); judicial officers barred from out-of-State work travel from Mar. 12, 2020 (NM-004 recital, Order 20-8500-003 listed).

Face coverings

May 6, 2020: employees of large retail, grocery and curbside restaurants; May 11: all essential businesses' employees (Governor's May 5 release; PHO May 5 amendment recited in NM-018); May 16: 'all individuals shall wear a mask or multilayer cloth face covering in public settings except when eating, drinking, or exercising' (NM-016 para. 7); July 1: $100 fines, retailers must refuse entry to the unmasked (NM-023, release); July 13: required while exercising (NM-026 para. 13); Oct. 16: vented masks barred (NM-033 para. 12); Apr. 30, 2021: outdoor exemptions for the fully vaccinated (NM-054); May 14, 2021: fully vaccinated exempt except where CDC recommends (NM-056); July 1, 2021: required for the not fully vaccinated (NM-060 para. 1); Aug. 20, 2021: 'all individuals age 2 years and older shall wear a mask... in all indoor public settings except when eating or drinking' (NM-067 para. 1); Sept. 15, 2021: extended through Oct. 15 (NM-070); courthouses May 16, 2020 onward (NM-017, NM-066).

Vaccination mandates

Aug. 2, 2021: State employees not fully vaccinated test weekly and mask (EO 2021-046, NM-063); Aug. 17, 2021 (effective on signing; deadlines 10 and 40 days): hospital workers, congregate-care facility workers (nursing homes, assisted living, adult day care, hospice, rehabilitation, State correctional and juvenile facilities, residential treatment centers, Veterans' Home, community homes) and Governor's-office employees fully vaccinated, exemptions only for qualifying medical conditions, disability or sincerely held religious belief with weekly testing and masks; Aug. 23: all school workers vaccinated or tested weekly and masked; Sept. 9-19: State Fair entrants show proof of vaccination (NM-068); Sept. 15, 2021: amended, hospital reporting of worker counts (NM-071); Aug. 23, 2021: unvaccinated judicial employees tested regularly, new judicial employees vaccinated (NM-066).

Standing duties

The statutes, codes and penalty provisions of New Mexico that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the New Mexico duties →

New Mexico governed the pandemic under Executive Order 2020-004 (Mar. 11, 2020; Ex. NM-001), a declaration of public health emergency under the Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to -19 ('PHERA'), and the All Hazard Emergency Management Act, Sections 12-10-1 to -10 ('AHEMA'), renewed without gap through October 15, 2021 (Ex. NM-069). The Secretary of Health's public health orders rested on the Public Health Act, Sections 24-1-1 to -40 ('PHA'), and the PHERA. Four standing statutes supplied the compulsion. First, the PHA gave the Department of Health authority to 'investigate, control and abate the causes of disease, especially epidemics,' to 'establish, maintain and enforce isolation and quarantine,' and to 'close any public place and forbid gatherings of people when necessary for the protection of the public health' (Section 24-1-3(C)-(E); Ex. DUT-NM-001); Section 24-1-15 authorized isolation and quarantine by public health order and forbade any person to enter an area of isolation or quarantine except as authorized (Ex. DUT-NM-002); Section 24-1-21 made 'any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to' it guilty of a petty misdemeanor and authorized enforcement 'by any appropriate civil action' (Ex. DUT-NM-003). Second, the PHERA authorized the Governor's declaration and directed her to authorize the Secretary of Health to coordinate the response (Section 12-10A-5; Ex. DUT-NM-004), and Section 12-10A-19 authorized 'a civil administrative penalty of up to five thousand dollars ($5,000) for each violation,' 'in addition to other remedies available against the same conduct under the common law or other statutes of this state' (Ex. DUT-NM-005); every public health order from March 2020 to September 2021 recited that penalty (Exs. NM-006, NM-041, NM-060, NM-067). The Supreme Court of New Mexico held in Grisham v. Reeb, 2021-NMSC-006 (Nov. 5, 2020), that the Legislature 'empower[ed] Petitioners to enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19' (Ex. DUT-NM-012, paras. 1, 30, 40), and in Lujan Grisham v. Romero, 2021-NMSC-009 (Feb. 15, 2021), that the Secretary was 'authorized to restrict or close businesses when necessary for the protection of public health' and that the July 13, 2020 closure of indoor dining was not arbitrary or capricious (Ex. DUT-NM-013, paras. 1, 26, 38, 44). Third, the AHEMA authorized the Governor to 'issue, amend or rescind the necessary orders, rules and procedures' and made it 'the duty of all political subdivisions of the state... to comply with and enforce all executive orders and rules made by the governor' (Sections 12-10-4(B), 12-10-10(A); Ex. DUT-NM-006); the AHEMA contains no penalty provision of its own, and the offense and penalty provisions that reached the emergency orders were Sections 24-1-21 and 12-10A-19. Fourth, the Occupational Health and Safety Act, Section 50-9-5(A), commanded that 'every employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm,' with civil penalties under Section 50-9-24 of up to $126,749 for each willful or repeated violation and $12,675 for each serious violation (Ex. DUT-NM-007); New Mexico is a State-plan State whose Environment Department Occupational Health and Safety Bureau ('OHSB') administers the Act under 11.5.1 NMAC (Ex. AGY-ST-LABOR-WORKPLACE-027) and, from August 5, 2020, under the emergency amendment to 11.5.1.16 NMAC requiring employers to report every positive COVID-19 case within four hours (Exs. AGY-ST-LABOR-WORKPLACE-066, -069). The Department of Health's control-of-disease rule, 7.4.3.9 NMAC, authorized isolation or quarantine 'of any animal, person, institution, community or region' and made every departmental order 'enforceable as provided by law and... punishable in accordance with Section 24-1-21' (Ex. DUT-NM-009). The Food Service Sanitation Act forbade operation of a food service establishment without 'a valid and unsuspended permit' and authorized immediate suspension where conditions 'present a substantial danger of illness, serious physical harm or death to consumers' (Sections 25-1-7(A), 25-1-9, 25-1-12; Ex. DUT-NM-008); on May 22, 2020 the Environment Department used that power to suspend the permits of two restaurants that opened for dine-in service against the public health order, reciting Section 25-1-9 and the May 15, 2020 order (Exs. DUT-NM-015, DUT-NM-018). The operating conditions were written into the orders themselves: from the May 15, 2020 order forward, 'Essential businesses must operate in accordance with the pertinent COVID-Safe Practices (CSPs) section(s) of the All Together New Mexico: COVID-Safe Practices for Individuals and Employers' (Ex. NM-016 para. 2; Ex. NM-021 para. 3), and from July 1, 2021 through the end of the period 'All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices' (Ex. NM-060 para. 3; Exs. NM-062, NM-067, NM-070). The incorporated document distinguishes 'Required' practices from 'Best Practices': the Required practices for all employers included remote work 'to the greatest extent possible,' six feet of distance 'wherever possible,' face coverings 'at all times when in the presence of others,' daily screening of employees, exclusion of close contacts 'until authorized by the Department of Health,' and 'Adhere to all CDC and OSHA guidelines' (Ex. DUT-NM-010 at 9-10). The Environment Department's rapid-response program answered every reported workplace case (215 rapid responses in the week of July 20-26, 2020; Ex. DUT-NM-019), and from October 20, 2020 the Department published a daily watchlist to assist OHSB and other agencies 'in evaluating whether such organizations are complying with the State's Public Health Orders and COVID-Safe Practices' (Ex. DUT-NM-017), while the October 22, 2020 order required any business with four or more rapid responses in fourteen days to close for fourteen days (Ex. NM-036 para. 15). New Mexico enacted no COVID-19 liability shield in 2020 or 2021: HB 16 of the 2020 First Special Session, which would have immunized a business open to the public only 'if the person complies with federal and state laws that provide requirements for mitigation of the spread of coronavirus disease 2019,' was referred to the House Rules and Order of Business Committee on June 19, 2020 and was never heard (Ex. DUT-NM-016). The ordinary standard of care therefore remained in force, and the public health orders and the CSPs they incorporated fixed what a business open to the public was required to do.

The question these duties answer

Whether the measures New Mexico employers took beyond the four corners of the closure and capacity orders were 'voluntary' in the sense of Notice 2021-20 Q&A-14 (an employer that suspends or reduces operations 'not due to a governmental order'). Answer: they were not. From May 16, 2020 through September 30, 2021 every public health order let a business operate only on the condition that it 'operate in accordance with the pertinent COVID-Safe Practices' (Ex. NM-016 para. 2; Ex. NM-021 para. 3) or 'adhere to the pertinent COVID-Safe Practices' (Ex. NM-060, NM-062, NM-067, NM-070 para. 3), enforceable by a $5,000 civil administrative penalty for each violation under NMSA 1978, Section 12-10A-19 (Ex. DUT-NM-005), by the petty-misdemeanor provision of Section 24-1-21 (Ex. DUT-NM-003), by immediate suspension of a food service permit under Section 25-1-9 (Exs. DUT-NM-008, DUT-NM-018) and by the Occupational Health and Safety Act's civil penalties (Ex. DUT-NM-007). The Supreme Court of New Mexico held in Grisham v. Reeb (Nov. 5, 2020) and Lujan Grisham v. Romero (Feb. 15, 2021) that the Secretary of Health was authorized to restrict or close businesses under the Public Health Act and the PHERA concurrently and to enforce those orders against businesses through the PHERA's civil penalty (Exs. DUT-NM-012, DUT-NM-013). New Mexico enacted no liability shield; the one bill introduced (HB 16, 2020 First Special Session) died in committee and would itself have conditioned immunity on compliance with 'federal and state laws that provide requirements for mitigation' (Ex. DUT-NM-016).

By character

  • 3 Adjudication
  • 3 Enforcement record
  • 3 Sanitary code duty
  • 3 Statutory authority
  • 2 Order penalty
  • 1 Guidance incorporated
  • 1 Recommendation only
  • 1 Statutory duty
  • 1 Unenacted bill
  • 1 Workplace duty

Exhibits

Ex. DUT-NM-001 Ex. DUT-NM-002 Ex. DUT-NM-003 Ex. DUT-NM-004 Ex. DUT-NM-005 Ex. DUT-NM-006 Ex. DUT-NM-007 Ex. DUT-NM-008 Ex. DUT-NM-009 Ex. DUT-NM-010 Ex. DUT-NM-011 Ex. DUT-NM-012 Ex. DUT-NM-013 Ex. DUT-NM-014 Ex. DUT-NM-015 Ex. DUT-NM-016 Ex. DUT-NM-017 Ex. DUT-NM-018 Ex. DUT-NM-019

The New Mexico duties, read in full19 duty records in the Library →

On the calendar

Every dated instrument in the New Mexico file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 15Stay-at-home 9Business closure 32Telework mandate 9Capacity limit 30Gathering cap 37Face-covering requirement 38Travel and quarantine 16Schools and child care 23Health care orders 8Curfew and hours 12Alcohol and bars 19Events and venues 10Courts and public offices 11Workplace rules 29Vaccination or testing 4Quarantine and isolation 5Supply chain 2Other 1

All instruments

Every record in the New Mexico file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.

Showing 78 of 78 instrumentsEvery record that resolves to New Mexico in the Library (138) →
ExhibitInstrumentIssuerLevelEffectiveEndQuartersLimitationsSourceFile
Ex. NM-001Executive Order 2020-004Order Declaring a State of Public Health Emergency and Invoking the Powers Provided by the All Hazard…Governor Michelle Lujan GrishamStateMar. 11, 2020Oct. 15, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Emergency declarationPrimary source readPDF 476 KB
Ex. NM-074Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 12, 2020)Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19Secretary of Health Kathyleen M. KunkelStateMar. 12, 2020Mar. 16, 2020Gathering capConfirmed from a secondary sourceSource
Ex. NM-002Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020)Public Health Emergency Order limiting visitors at nursing facilities and congregate care settings due to…Secretary of Health Kathyleen M. Kunkel (at the Governor's direction)StateMar. 13, 2020Apr. 5, 20212020 Q22020 Q32020 Q42021 Q1Health care ordersPrimary source readPDF 581 KB
Ex. NM-003Amended Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19 (Mar. 16, 2020)Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19Secretary of Health Kathyleen M. KunkelStateMar. 16, 2020Mar. 19, 2020Business closureCapacity limitGathering capAlcohol and barsPrimary source readPDF 355 KB
Ex. NM-077K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22)School closure orders and PED reentry instrumentsGovernor Michelle Lujan Grisham; Public Education Secretary Ryan StewartStateMar. 16, 2020Apr. 5, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Face-covering requirementSchools and child careConfirmed from a secondary sourceSource
Ex. NM-078Directive of March 15, 2020 to State agencies (remote work; State buildings closed to the public; museums, historic sites and State parks closed)Governor directs state government agencies to minimize face-to-face contact while continuing service deliveryGovernor Michelle Lujan GrishamStateMar. 16, 2020June 30, 20202020 Q2Business closureTelework mandateCourts and public officesConfirmed from a secondary sourceSource
Ex. NM-004Supreme Court Order No. 20-8500-002In the Matter of Precautionary Measures for Court Operations in the New Mexico Judiciary During the COVID-19…Supreme Court of New Mexico (Nakamura, C.J.)CourtMar. 17, 2020July 6, 20202020 Q2Gathering capTravel and quarantineCourts and public officesPrimary source readPDF 2.3 MB
Ex. NM-073Declaration of Local Public Health Emergency (Mar. 18, 2020), as described in the City's releaseMayor Keller Declares Local Public Health Emergency Due to COVID-19Mayor Timothy M. KellerCityMar. 18, 2020June 30, 20202020 Q2Emergency declarationConfirmed from a secondary sourcePDF 825 KB
Ex. NM-005Amended Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19 (Mar. 19, 2020)Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19Secretary of Health Kathyleen M. KunkelStateMar. 19, 2020June 30, 20202020 Q2Business closureCapacity limitGathering capAlcohol and barsPrimary source readPDF 382 KB
Ex. NM-006New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.)Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential…Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers'StateMar. 24, 2020May 15, 20202020 Q2Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capWorkplace rulesSupply chainPrimary source readPDF 233 KB
Ex. NM-009Supreme Court Order No. 20-8500-007In the Matter of the Stay of Writs of Restitution Issued Under the Uniform Owner-Resident Relations Act During…Supreme Court of New MexicoCourtMar. 24, 2020Jan. 4, 20222020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Courts and public officesOtherPrimary source readPDF 956 KB
Ex. NM-008Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24, 2020)Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective…Secretary of Health Kathyleen M. KunkelStateMar. 25, 2020Apr. 30, 20202020 Q22020 Q3Health care ordersSupply chainPrimary source readPDF 683 KB
Ex. NM-007Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Mar. 24, 2020)Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services…Secretary of Health Kathyleen M. KunkelStateMar. 27, 2020Apr. 30, 20202020 Q2Business closureHealth care ordersPrimary source readPDF 798 KB
Ex. NM-075Executive Order 2020-013Order Directing Individuals Arriving in New Mexico by Air to Self-Isolate or Self-QuarantineGovernor Michelle Lujan GrishamStateMar. 27, 2020June 1, 20202020 Q2Travel and quarantineQuarantine and isolationConfirmed from a secondary sourceSource
Ex. NM-010Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential (Apr. 6, 2020)Amended closure order of April 6, 2020Secretary of Health Kathyleen M. KunkelStateApr. 7, 2020Apr. 30, 20202020 Q2Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capPrimary source readPDF 711 KB
Ex. NM-011Amended Public Health Emergency Order of April 11, 2020 (houses of worship)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateApr. 11, 2020Apr. 30, 20202020 Q2Stay-at-homeBusiness closureCapacity limitGathering capEvents and venuesPrimary source readPDF 749 KB
Ex. NM-012Public Health Emergency Order of April 30, 2020 amending the March 23, April 6 and April 11 closure ordersPublic Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateApr. 30, 2020May 15, 20202020 Q2Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capWorkplace rulesPrimary source readPDF 800 KB
Ex. NM-013Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Apr. 30, 2020)Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services…Secretary of Health Kathyleen M. KunkelStateApr. 30, 2020Sept. 30, 20202020 Q22020 Q3Health care ordersWorkplace rulesPrimary source readPDF 994 KB
Ex. NM-014Executive Order 2020-027Granting City of Gallup's Request for Declaration of Emergency; Imposing Business Closures; Closing Certain…Governor Michelle Lujan GrishamStateMay 1, 2020May 4, 20202020 Q2Stay-at-homeBusiness closureGathering capTravel and quarantineCurfew and hoursPrimary source readPDF 376 KB
Ex. NM-015Executive Order 2020-028Granting City of Gallup's Second Request for Declaration of Emergency; Imposing Business Closures; Closing…Governor Michelle Lujan GrishamStateMay 4, 2020May 7, 20202020 Q2Stay-at-homeBusiness closureTravel and quarantineCurfew and hoursPrimary source readPDF 552 KB
Ex. NM-016Public Health Emergency Order of May 15, 2020 (Phase 1 reopening; universal face coverings)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateMay 16, 2020May 31, 20202020 Q2Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementWorkplace rulesPrimary source readPDF 816 KB
Ex. NM-017Supreme Court Order No. 20-8500-017In the Matter of the Use of Protective Face Coverings in New Mexico Courts During the COVID-19 Public Health…Supreme Court of New MexicoCourtMay 16, 2020July 6, 20202020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Face-covering requirementCourts and public officesPrimary source readPDF 661 KB
Ex. NM-018Public Health Emergency Order of May 27, 2020 (outdoor dining)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateMay 27, 2020May 31, 20202020 Q2Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsPrimary source readPDF 738 KB
Ex. NM-019Supreme Court Order No. 20-8500-020In the Matter of Recommencing Jury Trials During the COVID-19 Public Health EmergencySupreme Court of New MexicoCourtMay 28, 2020Dec. 14, 20202020 Q22020 Q3Gathering capCourts and public officesPrimary source readPDF 756 KB
Ex. NM-020Executive Order 2020-036Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004, Other Powers…Governor Michelle Lujan GrishamStateJune 1, 2020July 1, 20202020 Q2Emergency declarationPrimary source readPDF 418 KB
Ex. NM-021Public Health Emergency Order of June 1, 2020 (indoor dining, gyms, salons, malls reopen with limits)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateJune 1, 2020June 30, 20202020 Q2Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rulesPrimary source readPDF 895 KB
Ex. NM-022Public Health Emergency Order of June 15, 2020 (breweries)Public Health Emergency Order... Amending the March 23, 2020... June 1, 2020, and June 12, 2020 Public Health…Secretary of Health Kathyleen M. KunkelStateJune 15, 2020June 30, 20202020 Q2Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsPrimary source readPDF 368 KB
Ex. NM-023Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateJune 30, 2020July 15, 20202020 Q22020 Q3Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rulesPrimary source readPDF 899 KB
Ex. NM-024Executive Order 2020-054Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-Quarantine for a Limited…Governor Michelle Lujan GrishamStateJuly 1, 2020Sept. 3, 20202020 Q3Travel and quarantineQuarantine and isolationPrimary source readPDF 412 KB
Ex. NM-025Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3)In the Matter of the Safe and Effective Administration of the New Mexico Judiciary During the COVID-19 Public…Supreme Court of New MexicoCourtJuly 6, 2020Dec. 14, 20202020 Q32020 Q42021 Q12021 Q22021 Q3Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rulesPrimary source readPDF 270 KB
Ex. NM-026Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateJuly 13, 2020July 30, 20202020 Q3Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineAlcohol and barsEvents and venuesPrimary source readPDF 2.5 MB
Ex. NM-027Public Health Emergency Order of July 30, 2020Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Kathyleen M. KunkelStateJuly 30, 2020Aug. 28, 20202020 Q3Business closureCapacity limitGathering capFace-covering requirementTravel and quarantinePrimary source readPDF 802 KB
Ex. NM-028Public Health Emergency Order of August 28, 2020 (indoor dining 25%; gatherings 10)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateAug. 29, 2020Sept. 18, 20202020 Q3Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child carePrimary source readPDF 797 KB
Ex. NM-029Executive Order 2020-059Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateAug. 29, 2020Sept. 18, 20202020 Q3Emergency declarationPrimary source readPDF 435 KB
Ex. NM-030Public Health Emergency Order of September 3, 2020 (lodging 75% for NM Safe Certified operators)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateSept. 4, 2020Oct. 2, 20202020 Q3Business closureCapacity limitGathering capFace-covering requirementSchools and child carePrimary source readPDF 808 KB
Ex. NM-031Executive Order 2020-063Second Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-QuarantineGovernor Michelle Lujan GrishamStateSept. 4, 2020Oct. 16, 20202020 Q32020 Q4Travel and quarantineQuarantine and isolationPrimary source readPDF 455 KB
Ex. NM-032Public Health Emergency Order of September 18, 2020Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateSept. 18, 2020Oct. 16, 20202020 Q32020 Q4Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child carePrimary source readPDF 880 KB
Ex. NM-033Public Health Emergency Order of October 16, 2020 (gatherings 5; 10 p.m. alcohol closing; lodging 60/25%)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateOct. 16, 2020Nov. 13, 20202020 Q4Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careCurfew and hoursAlcohol and barsPrimary source readPDF 895 KB
Ex. NM-034Executive Order 2020-072Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-Quarantine (testing…Governor Michelle Lujan GrishamStateOct. 16, 2020Oct. 29, 20202020 Q4Travel and quarantineQuarantine and isolationPrimary source readPDF 600 KB
Ex. NM-035Executive Order 2020-073Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004, Other Powers…Governor Michelle Lujan GrishamStateOct. 16, 2020Nov. 13, 20202020 Q4Emergency declarationPrimary source readPDF 466 KB
Ex. NM-036Public Health Emergency Order of October 22, 2020 (retail 10 p.m. closing; rapid-response closures; certified-only indoor dining; State museums closed)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateOct. 23, 2020Nov. 13, 20202020 Q4Business closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 806 KB
Ex. NM-037Executive Order 2020-075Third Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-QuarantineGovernor Michelle Lujan GrishamStateOct. 29, 2020Feb. 10, 20212020 Q42021 Q1Travel and quarantineQuarantine and isolationPrimary source readPDF 452 KB
Ex. NM-038Public Health Emergency Order of November 5, 2020Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateNov. 5, 2020Nov. 13, 20202020 Q4Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rulesPrimary source readPDF 848 KB
Ex. NM-039Public Health Emergency Order of November 13, 2020 (the two-week 'reset')Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateNov. 16, 2020Nov. 30, 20202020 Q4Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursEvents and venuesWorkplace rulesPrimary source readPDF 460 KB
Ex. NM-040Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateNov. 19, 2020Dec. 2, 20202020 Q4Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursWorkplace rulesPrimary source readPDF 2.5 MB
Ex. NM-041Public Health Emergency Order of November 30, 2020 establishing the Red-Yellow-Green county-by-county frameworkPublic Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateDec. 2, 2020Dec. 30, 20202020 Q4Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 1.1 MB
Ex. NM-042Public Health Emergency Order of December 2, 2020 (Red-to-Green framework reissued)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health Billy J. JimenezStateDec. 2, 2020Dec. 30, 20202020 Q4Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rulesPrimary source readPDF 1.1 MB
Ex. NM-043Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures (Dec. 9, 2020)Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures; Providing…Acting Secretary of Health Billy J. JimenezStateDec. 11, 2020Jan. 4, 20212020 Q42021 Q1Business closureHealth care ordersPrimary source readPDF 509 KB
Ex. NM-044Executive Order 2020-085Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateDec. 11, 2020Jan. 8, 20212020 Q42021 Q1Emergency declarationPrimary source readPDF 441 KB
Ex. NM-045Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3)In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols for the Safe and…Supreme Court of New Mexico (M. Vigil, C.J.)CourtDec. 14, 2020June 29, 20212020 Q42021 Q12021 Q2Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesPrimary source readPDF 280 KB
Ex. NM-046Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary-Designate of Health Tracie C. Collins, M.D.StateDec. 16, 2020Jan. 13, 20212020 Q42021 Q1Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rulesPrimary source readPDF 1.1 MB
Ex. NM-047Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary-Designate of Health Tracie C. Collins, M.D.StateDec. 30, 2020Jan. 29, 20212020 Q42021 Q1Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rulesPrimary source readPDF 1.1 MB
Ex. NM-048Executive Order 2021-001Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateJan. 8, 2021Feb. 5, 20212021 Q1Emergency declarationPrimary source readPDF 443 KB
Ex. NM-049Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary-Designate of Health Tracie C. Collins, M.D.StateJan. 29, 2021Feb. 26, 20212021 Q1Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rulesPrimary source readPDF 1018 KB
Ex. NM-050Executive Order 2021-004Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateFeb. 5, 2021Mar. 5, 20212021 Q1Emergency declarationPrimary source readPDF 453 KB
Ex. NM-051Executive Order 2021-006Order Rescinding Executive Order 2020-075 and Instituting Advisory Quarantine and Testing for Individuals…Governor Michelle Lujan GrishamStateFeb. 10, 2021Sept. 30, 20212021 Q12021 Q22021 Q3Travel and quarantinePrimary source readPDF 365 KB
Ex. NM-076Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissuePublic Health Emergency Order... Amending Prior Public Health Emergency Orders to Impose County-by-County…Secretary of Health Tracie C. Collins, M.D.StateFeb. 24, 2021Apr. 28, 20212021 Q12021 Q2Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rulesConfirmed from a secondary sourceSource
Ex. NM-052Executive Order 2021-010Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateMar. 5, 2021Apr. 2, 20212021 Q12021 Q2Emergency declarationPrimary source readPDF 446 KB
Ex. NM-053Executive Order 2021-011Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateApr. 2, 2021Apr. 30, 20212021 Q2Emergency declarationPrimary source readPDF 903 KB
Ex. NM-054Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Tracie C. Collins, M.D.StateApr. 30, 2021May 28, 20212021 Q2Business closureCapacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 1.2 MB
Ex. NM-055Executive Order 2021-012Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateApr. 30, 2021May 28, 20212021 Q2Emergency declarationPrimary source readPDF 442 KB
Ex. NM-056Public Health Emergency Order of May 14, 2021 (fully vaccinated persons relieved of the mask requirement except where CDC recommends)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Tracie C. Collins, M.D.StateMay 14, 2021June 11, 20212021 Q2Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 1.1 MB
Ex. NM-057Public Health Emergency Order of June 2, 2021 (county framework through June 30, 2021)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Tracie C. Collins, M.D.StateJune 2, 2021June 30, 20212021 Q2Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 1.2 MB
Ex. NM-058Executive Order 2021-030Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateJune 25, 2021July 23, 20212021 Q22021 Q3Emergency declarationPrimary source readPDF 468 KB
Ex. NM-059Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2)In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency ProtocolsSupreme Court of New MexicoCourtJune 29, 2021Aug. 16, 20212021 Q22021 Q3Telework mandateGathering capFace-covering requirementCourts and public officesPrimary source readPDF 442 KB
Ex. NM-060Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Secretary of Health Tracie C. Collins, M.D.StateJuly 1, 2021July 30, 20212021 Q3Face-covering requirementSchools and child careHealth care ordersWorkplace rulesPrimary source readPDF 613 KB
Ex. NM-061Executive Order 2021-044Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateJuly 23, 2021Aug. 16, 20212021 Q3Emergency declarationPrimary source readPDF 440 KB
Ex. NM-062Public Health Emergency Order of July 30, 2021Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health David R. Scrase, M.D.StateJuly 30, 2021Aug. 27, 20212021 Q3Face-covering requirementSchools and child careWorkplace rulesPrimary source readPDF 633 KB
Ex. NM-063Executive Order 2021-046Amended Order Requiring State Employees to Comply with Certain Public Health RequirementsGovernor Michelle Lujan GrishamStateAug. 2, 2021Sept. 30, 20212021 Q3Face-covering requirementWorkplace rulesVaccination or testingPrimary source readPDF 471 KB
Ex. NM-064Combined Supreme Court Order No. 21-8500-020 (amending PHE Protocol No. 1)In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols (Protocol No. 1)Supreme Court of New MexicoCourtAug. 9, 2021Aug. 16, 20212021 Q3Face-covering requirementCourts and public officesWorkplace rulesPrimary source readPDF 448 KB
Ex. NM-065Executive Order 2021-049Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004Governor Michelle Lujan GrishamStateAug. 16, 2021Sept. 15, 20212021 Q3Emergency declarationPrimary source readPDF 466 KB
Ex. NM-067Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health David R. Scrase, M.D.StateAug. 17, 2021Sept. 15, 20212021 Q3Face-covering requirementSchools and child careWorkplace rulesPrimary source readPDF 679 KB
Ex. NM-068New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers)Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and…Acting Secretary of Health David R. Scrase, M.D.StateAug. 17, 2021Sept. 15, 20212021 Q3Face-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesVaccination or testingPrimary source readPDF 786 KB
Ex. NM-066Supreme Court Order No. 21-8500-021 with Amended Emergency Court ProtocolsIn the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols (reinstating face…Supreme Court of New Mexico (M. Vigil, C.J.)CourtAug. 23, 2021Jan. 14, 20222021 Q3Face-covering requirementCourts and public officesWorkplace rulesVaccination or testingPrimary source readPDF 848 KB
Ex. NM-069Executive Order 2021-054Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004, Other Powers…Governor Michelle Lujan GrishamStateSept. 15, 2021Oct. 15, 20212021 Q3Emergency declarationPrimary source readPDF 466 KB
Ex. NM-070Public Health Emergency Order of September 15, 2021 (indoor mask mandate extended)Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public…Acting Secretary of Health David R. Scrase, M.D.StateSept. 15, 2021Oct. 15, 20212021 Q3Face-covering requirementSchools and child careWorkplace rulesPrimary source readPDF 653 KB
Ex. NM-071Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated (Sept. 15, 2021)Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and…Acting Secretary of Health David R. Scrase, M.D.StateSept. 15, 2021Sept. 30, 20212021 Q3Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testingPrimary source readPDF 1.0 MB
Ex. NM-072Supreme Court Order No. 22-8500-001In the Matter of the Lifting of the Stay of Writs of Restitution under the Uniform Owner-Resident Relations…Supreme Court of New MexicoCourtJan. 4, 2022not datedCourts and public officesPrimary source readPDF 375 KB

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