SENATE JOINT RESOLUTION 11
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
John M. Sapien
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLES 4 AND 5 OF THE CONSTITUTION OF NEW MEXICO TO REPLACE GENDER-SPECIFIC LANGUAGE WITH GENDER-NEUTRAL LANGUAGE IN THOSE ARTICLES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 4, Section 6 of the constitution of New Mexico to read:
"Special sessions of the legislature may be called by the governor, but no business shall be transacted except such as relates to the objects specified in this proclamation. Provided, however, that when three-fifths of the members elected to the house of representatives and three-fifths of the members elected to the senate shall have certified to the governor of the state of New Mexico that in their opinion an emergency exists in the affairs of the state of New Mexico, it shall thereupon be the duty of said governor and mandatory upon [him] the governor, within five days from the receipt of such certificate or certificates, to convene said legislature in extraordinary session for all purposes; and in the event said governor shall, within said time, Sundays excluded, fail or refuse to convene said legislature as aforesaid, then and in that event said legislature may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary self-convened session shall be limited to a period of thirty days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the state government, in which event the legislature shall be authorized to remain in session until such trial shall have been completed."
SECTION 2. It is proposed to amend Article 4, Section 22 of the constitution of New Mexico to read:
"Every bill 11 passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If [he] the governor approves, [he] the governor shall sign it, and deposit it with the secretary of state; otherwise, [he] the governor shall return it to the house in which it originated, with [his] the governor's objections, which shall be entered at large upon the journal; and such bill shall not become a law unless thereafter approved by two-thirds of the members present and voting in each house by yea and nay vote entered upon its journal. Any bill not returned by the governor within three days, Sundays excepted, after being presented to [him] the governor, shall become a law, whether signed by [him] the governor or not, unless the legislature by adjournment prevent such return. Every bill presented to the governor during the last three days of the session shall be approved by [him] the governor within twenty days after the adjournment and shall be by [him] the governor immediately deposited with the secretary of state. Unless so approved and signed by [him] the governor, such bill shall not become a law. The governor may in like manner approve or disapprove any part or parts, item or items, of any bill appropriating money, and such parts or items approved shall become a law, and such as are disapproved shall be void unless passed over [his] the governor's veto, as herein provided."
SECTION 3. It is proposed to amend Article 5, Section 4 of the constitution of New Mexico to read:
"The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed. [He] The governor shall be commander in chief of the military forces of the state, except when they are called into the service of the United States. [He] The governor shall have power to call out the militia to preserve the public peace, execute the laws, suppress insurrection and repel invasion."
SECTION 4. It is proposed to amend Article 5, Section 5 of the constitution of New Mexico to read:
"The governor shall nominate and, by and with the consent of the senate, appoint all officers whose appointment or election is not otherwise provided for and may remove any officer appointed by [him] the governor unless otherwise provided by law. Should a vacancy occur in any state office, except lieutenant governor and member of the legislature, the governor shall fill such office by appointment, and such appointee shall hold office until the next general election, when [his] the appointee's successor shall be chosen for the unexpired term."
SECTION 5. It is proposed to amend Article 5, Section 7 of the constitution of New Mexico to read:
"If at the time fixed for the beginning of the term of the governor, the governor-elect shall have died, the lieutenant governor-elect shall become governor. If a governor shall not have been chosen before the time fixed for the beginning of [his] the governor's term, or if the governor-elect shall have failed to qualify, then the lieutenant governor-elect shall act as governor until a governor shall have qualified; and the legislature may by law provide for the case wherein neither a governor-elect nor a lieutenant governor-elect shall have qualified, declaring who shall then act as governor, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a governor or lieutenant governor shall have qualified.
If after the governor-elect has qualified a vacancy occurs in the office of governor, the lieutenant governor shall succeed to that office, and to all the powers, duties and emoluments thereof, provided [he] the lieutenant governor has by that time qualified for the office of lieutenant governor. In case the governor is absent from the state, or is for any reason unable to perform [his] the governor's duties, the lieutenant governor shall act as governor, with all the powers, duties and emoluments of that office until such disability be removed. In case there is no lieutenant governor, or in case [he] the lieutenant governor is for any reason unable to perform the duties of governor, then the secretary of state shall perform the duties of governor, and, in case there is no secretary of state, then the president pro tempore of the senate, or in case there is no president pro tempore of the senate, or [he] the president pro tempore of the senate is for any reason unable to perform the duties of governor, then the speaker of the house shall succeed to the office of governor, or act as governor as hereinbefore provided."
SECTION 6. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
- 6 -