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Ex. NM-006 Order Primary source read

New 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 and Providing Additional Restrictions on Mass Gatherings Due to COVID-19

Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers' · New Mexico (State)

The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Public Health Act, NMSA 1978, Sections 24-1-1 to -40; Public Health Emergency Response Act, Sections 12-10A-1 to -10; Department of Health Act, Sections 9-7-1 to -18; inherent police powers; EO 2020-004
Issued
2020-03-23 Mar. 23, 2020
Effective
2020-03-24 8:00 a.m. (read as 2020-03-24)
End
Extended Apr. 6 (through Apr. 30), Apr. 11, Apr. 30 (through May 15, 2020); superseded by the May 15, 2020 Phase 1 order (NM-016) (read as 2020-05-15)
In force
Mar. 24, 2020 to May 15, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capWorkplace rulesSupply chain
Addressees
  • all businesses and non-profit entities
  • the public
  • call centers
  • hotels
  • casinos
  • grocery stores and retailers
  • all public and private employers
Functions reached
  • OF/OP offices closed (100% in-person reduction)
  • SF sales floors closed
  • PF non-essential production floors closed
  • CC call centers closed
  • LG lodging 50%
  • GATH all gatherings of 5+
  • CB customer base under stay-home advisory
  • WF workforce (schools closed, child care limited to essential workers)
  • SC supply chain (essential list; three-item limits)
Collection
New Mexico NM

Operative words

'Mass gathering' means any public or private gathering that brings together five (5) or more individuals in a single room or connected space, confined outdoor space or an open outdoor space where individuals are within six (6) feet of each other... (1) All Mass Gatherings are hereby prohibited... (2) 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%. 'Essential businesses' may remain open provided they minimize their operations and staff to the greatest extent possible.... (3) This 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 in which an employee only interacts with clients or customers remotely. (4) All casinos and horse racing facilities shall close... (5) Hotels, motels, RV parks, and other places of lodging shall not operate at more than fifty percent of maximum occupancy.... (6) All call centers situated in New Mexico are directed to reduce their in-person workforce by 100%.... (8) All public and private employers are required to comply with this Order... I FURTHER ADVISE... New Mexico citizens should stay at home and undertake only those outings absolutely necessary for their health, safety, or welfare.

Enforcement

Para. 7: Department of Public Safety, DHSEM, Environment Department and all State agencies 'authorized to take all appropriate steps to ensure compliance'; Public Health Act Section 24-1-21 (misdemeanor); Section 12-10A-19 civil administrative penalties; NMSA 1978, 12-10A-6 (supply rationing)

Notes

Twenty-two essential categories (para. 3(a)-(v)): health care; shelters; child care for essential workers; grocery; farms; public safety; infrastructure including construction; listed manufacturing; skilled trades for safety and sanitation; media; gas stations and auto repair; hardware; laundromats; utilities; funeral homes; banks, insurance, payroll, brokerage; real estate; mailing; labs and defense; restaurants delivery/carry-out only, breweries and distillers carry-out only; professional services 'only where necessary to assist in compliance with legally mandated activities'; logistics. Signed Mar. 24 ('DONE... THIS 24TH DAY OF MARCH 2020'), dated Mar. 23.

Retrieval note

Full text layer (10,991 characters) read; the anchor exhibit for 2020 Q2.