HOUSE JOINT RESOLUTION 1

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

INTRODUCED BY

James G. Townsend and Rod Montoya

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 4, SECTION 6 OF THE CONSTITUTION OF NEW MEXICO TO PROHIBIT THE CALLING OF A SPECIAL SESSION OF THE LEGISLATURE WITHIN NINETY DAYS OF THE ADJOURNMENT OF A REGULAR SESSION OF THE LEGISLATURE UNLESS A PUBLIC HEALTH EMERGENCY, NATURAL DISASTER OR FISCAL CRISIS HAS BEEN DECLARED BY THE GOVERNOR.

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] provided that a special session shall not be called within ninety days of the adjournment of a regular session of the legislature unless a public health emergency, natural disaster or fiscal crisis has been declared by the governor as provided by law and the objects specified in the proclamation are directly related to addressing the public health emergency, natural disaster or fiscal crisis; and provided further that no business shall be transacted in any special session except such as relates to the objects specified in [this] the 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. 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.

- 3 -