HOUSE JOINT RESOLUTION 1

55th legislature - STATE OF NEW MEXICO - second special session, 2021

INTRODUCED BY

Greg Nibert and Daymon Ely and Randall Pettigrew and

Stefani Lord and Rachel A. Black

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 4 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT A DECLARATION OF A STATE OF EMERGENCY PURSUANT TO A POWER GRANTED TO THE GOVERNOR BY LAW TERMINATES AFTER NINETY DAYS UNLESS THE GOVERNOR CALLS THE LEGISLATURE INTO SPECIAL SESSION TO ADDRESS THE CIRCUMSTANCES OF THE EMERGENCY AND TO REQUIRE A THREE-FIFTHS' VOTE OF THE LEGISLATURE TO RESTRICT, SUSPEND OR TERMINATE THE EMERGENCY DECLARATION.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:

          "A. A declaration of a state of emergency issued by the governor pursuant to a power granted to the governor in law shall cease to be in effect after ninety days unless the governor calls the legislature into special session to address the circumstances of the state of emergency.

          B. The special session called pursuant to Subsection A of this section shall convene no later than the ninetieth day after the initial declaration of the state of emergency.

          C. The legislature may restrict, suspend or terminate a declaration of a state of emergency by joint resolution upon the affirmative vote of three-fifths of the members in each chamber. If the legislature does not act to restrict, suspend or terminate a declaration of a state of emergency, then the declaration may be extended by the governor for a period not to exceed sixty days from the date of adjournment of the special session.

          D. A declaration of a state of emergency shall be extended for no more than sixty days. The governor shall call the legislature into special session before the expiration of an extension to consider an additional extension, and this procedure shall be repeated until the declaration of the state of emergency is terminated by the governor or the legislature or automatically upon expiration of the extension if the governor fails to call the legislature into special session pursuant to the provisions of this section.

          E. The governor may only declare one state of emergency for an event, and any effort to declare another state of emergency for the same event requires prior consent of the legislature for the declaration to be effective.

          F. Nothing in this amendment shall modify Article 4, Section 2 of the constitution of New Mexico."

     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.

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