HOUSE JOINT RESOLUTION 8
56th legislature - STATE OF NEW MEXICO - second session, 2024
T. Ryan Lane and James G. Townsend and Gail Armstrong
and Stefani Lord and John Block
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 EXTEND, 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. If the governor fails to call the legislature into special session pursuant to this section, the emergency order shall automatically terminate on its existing expiration date.
B. A 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. A state of emergency declared by the governor pursuant to a power granted in law may only be extended by joint resolution of the legislature upon the affirmative vote of three-fifths of the members elected to the house of representatives and three-fifths of the members elected to the senate. A joint resolution may extend a state of emergency for up to ninety days and may restrict or modify an emergency order issued pursuant to the emergency declaration. If the legislature does not act to extend a declaration of a state of emergency, the state of emergency shall terminate on its existing expiration date.
D. 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. If a joint resolution extending a state of emergency is not approved pursuant to this section, the existing extension shall automatically terminate on its expiration date.
E. During a declaration of a state of emergency issued by the governor pursuant to a power granted to the governor in law, the legislature may call itself into extraordinary session pursuant to Article 4, Section 6 of the constitution of New Mexico to restrict, suspend or terminate a declaration of a state of emergency by joint resolution upon the affirmative vote of three-fifths of the members elected to the house of representatives and three-fifths of the members elected to the senate.
F. 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 shall require prior consent of the legislature for the declaration to be effective.
G. 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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