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2000 New Mexico Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagnm0044 and id is 1 raw text is: April 4, 2000 OPINION OF Opinion No. 00-01 PATRICIA A. MADRID Attorney General BY: Elizabeth A. Glenn Assistant Attorney General TO: Paula Tackett, Director Legislative Council Service 311 State Capitol Santa Fe, New Mexico 87501 QUESTION: May a constitutional amendment be proposed during an extraordinary session convened pursuant to Article IV, Section 6 of the New Mexico Constitution? CONCLUSION. Yes. An extraordinary session may be convened in accordance with the procedures specified in Article IV, Section 6 for all purposes, including the proposal of amendments to the state constitution. FACTS: Members of the New Mexico legislature indicated that they were considering convening in extraordinary session to propose a constitutional amendment to address permissible funding sources for public school construction projects. This consideration raised a question regarding the legislature's authority to act on constitutional amendments during an extraordinary session, which question was viewed as of the utmost importance. ANALYSIS: The legislature is required to conduct sessions as provided in the New Mexico Constitution. Article IV, Section 5 governs the regular legislative sessions, which begin each year on the third Tuesday in January and last 60 days in odd-numbered years and 30 days in even-numbered years. Article IV, Section 6 provides for special and extraordinary sessions. It states, in pertinent part: Special sessions of the legislature may be called by the governor, but no business shall be transacted except such as relates to the objects specified in this 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, 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

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