46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING TO AMEND ARTICLE 4, SECTION 22 OF THE CONSTITUTION OF NEW MEXICO TO EXTEND THE NUMBER OF DAYS IN WHICH THE GOVERNOR HAS TO APPROVE OR VETO BILLS PASSED DURING THE LAST THREE DAYS OF A LEGISLATIVE SESSION AND TO PROVIDE FOR AN OVERRIDE SESSION OF THE LEGISLATURE.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. It is proposed to amend Article 4, Section 22 of the constitution of New Mexico to read:

"A. Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approves, he shall sign it, and deposit it with the secretary of state; otherwise, he shall return it to the house in which it originated, with his 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, shall become a law, whether signed by him 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 within [twenty] thirty days after the adjournment and shall be by him immediately deposited with the secretary of state. [Unless so approved and signed by him, such bill shall not become a law.] Otherwise, unless an override session is held, such bill shall not become law. If an override session is held, on the first day of the override session the governor shall return each bill not approved by him to the house in which it originated, with his objections, which shall be entered at large upon the journal; and such bill shall not become a law unless thereafter it is passed over his veto as herein provided. 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 veto, as herein provided.

B. The legislature shall meet in an override session beginning at 12:00 noon on the first Tuesday following thirty-nine days after adjournment of a legislative session to consider only bills or parts of bills passed by the legislature during that session and not approved by the governor. Such bills or parts of bills shall not become law unless approved in the override session by two-thirds of the members present and voting in each house by yea and nay vote entered upon its journal. Provided that:

(1) the override session shall not exceed five days; and

(2) no override session shall be held if, prior to five days before the date on which the override session is scheduled to begin, a majority of the elected members of either house notify the chief clerk of their house, in writing, that the override session is unnecessary."

Section 2. 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.