New Mexico 2023 Regular Session

New Mexico House Bill HJR3

Introduced
1/17/23  

Caption

Termination Of States Of Emergency, Ca

Impact

The introduction of HJR3 could have significant implications on how states respond to emergencies. By limiting the duration of emergency declarations, the bill aims to enhance legislative oversight and ensure that the governor's emergency powers are not overextended. Supporters argue that this measure restores balance between executive and legislative powers, providing necessary checks to prevent indefinite emergency conditions. This change would require more proactive involvement from the legislature in managing emergency situations, ensuring appropriate resources and responses are coordinated.

Summary

HJR3 proposes an amendment to Article 4 of the New Mexico Constitution concerning the declaration of states of emergency by the governor. It stipulates that any emergency declaration will automatically terminate after ninety days unless the governor convenes a special session of the legislature within that period. During this special session, the legislature will have the authority to restrict, suspend, or terminate the emergency declaration, requiring a three-fifths vote from both chambers. Should the legislature not act, the governor may extend the emergency for an additional sixty days with proper justification, but only one emergency declaration per event is allowed without legislative consent for any further declarations.

Contention

A notable point of contention surrounding HJR3 lies in the necessity and timing of legislative involvement during emergencies. Critics may argue that the requirement to call a special session could delay critical responses during urgent situations, while proponents assert it would prevent potential abuses of power. The effectiveness of this proposed amendment in practice raises questions about how the legislative process could adapt to rapidly changing scenarios, such as natural disasters or public health crises, which often require quick action. If passed, HJR3 could reshape the dynamics of governance during emergencies in New Mexico, making legislative consensus a prerequisite to the continuation of any emergency measures.

Companion Bills

No companion bills found.

Previously Filed As

NM HJR3

Termination Of States Of Emergency, Ca

NM HB535

Termination Of States Of Emergency

NM HB80

Termination Of States Of Emergency

NM HJR17

Termination Of Declarations Of Emergency, Ca

NM HJR21

Termination Of Declarations Of Emergency, Ca

NM HJR8

Declarations Of Emergency, Ca

NM SB196

Termination Of Emergency Orders

NM HB2471

State of emergency; termination

NM HB40

Termination Of States Of Emergency

NM HB60

Provides for the termination or extension of a state of emergency (Item #28)

Similar Bills

CA SB209

State of emergency: termination after 45 days: extension by the Legislature.

CA SB1368

State of emergency: termination after 45 days: extension by the Legislature.

CA AB1075

State of emergency: Governor’s powers and termination.

CA AB69

State of emergency: termination after 60 days: extension by the Legislature.

CA AB2902

State of emergency: termination after 30 days: extension by the Legislature.

AZ HCR2039

Governor; emergency powers

CA AB2641

Law enforcement: cooperation with immigration authorities.

CA AB580

Commutations of sentence.