HJR 8 DECLARATIONS OF EMERGENCY, CA

Rep T. Ryan Lane

Actions: [2] HGEIC/HJC-HGEIC

Scheduled: Not Scheduled

 House Joint Resolution 8 (HJR 8) proposes an amendment to NM Constitution, Article 4 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.  

 House Joint Resolution 8 (HJR 8) proposes to amend the NM Constitution, Article 4 to provide that a declaration of a state of emergency that the governor issues pursuant to lawful power granted to the governor terminates after ninety days unless the governor calls the legislature into special session to extend the declaration. The special session will convene no later than the ninetieth day after the initial declaration. It requires a joint resolution adopted by a three-fifths' vote of the both houses of the legislature to extend the emergency declaration. If the legislature does not extend the declaration, it terminates on its existing expiration date.  This procedure will be followed each time an emergency declaration needs to be extended. 
HJR 8 gives the legislature the power to call itself into an extraordinary session under NM Constitution Article 4, section 6 to restrict, suspend or terminate a declaration of a state of emergency by joint resolution upon the affirmative vote of three-fifths of its members.
It restricts the governor from issuing another declaration for the same event without prior consent of the legislature.
HJR 8 does not modify NM Constitution Article 4, Section 2.
 
If passed, HJR 8 will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose.  

  The NM Constitution Article 4 requires legislative approval when there is a “disaster emergency” caused by enemy attack and martial law has been declared. Otherwise, the governor has been given constitutional and statutory power to declare emergencieswithout legislative approval. 
 

 HJR 8 relates to SB 194 and HR 1.