House Republicans announced legislation that would limit gubernatorial executive powers.
Leaders from the caucus held a press conference Tuesday to discuss HJR 8 and said that it is a bipartisan effort that is necessary.
“Right now the people have no voice and no say whenever there’s an emergency issued by the governor so that’s what this is really about,” House Minority Leader T. Ryan Lane, R-Aztec, said. “This really isn’t a partisan issue. This is about making sure that people of New Mexico are intimately involved in this, by us, their representatives, and so that’s our push with this bill.”
If it goes into effect, HJR 8 would require emergency declarations to expire after 90 days unless the governor called a special legislative session to address the continuing issues of the emergency. The Legislature would need a supermajority to extend, restrict, suspend or terminate the emergency declaration.
The inspiration behind the bill began with the COVID-19 public health order in March of 2020. The orders at the time closed businesses in counties where there were no reported COVID-19 cases.
Eventually the executive orders included a tiered reopening where some places would have more restrictions while others would have fewer restrictions due to case numbers.
More recently, the September executive order declaring gun violence a public health emergency was another example of why Republicans would like executive powers reigned in.
The legislation is an attempt at a constitutional amendment, which means it would need to pass with a majority of both the House and Senate, then be approved by voters. The governor cannot veto attempted constitutional amendments.
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Lane claimed the attempt is not about Gov. Michelle Lujan Grisham, since it would affect all following governors, regardless of party or intent.
“This is not just political theory. This is real and there’s no better example than what happened last fall when our governor issued a public health emergency order related to firearms,” Lane said. “I asked myself, ‘you know, as a citizen of the state also as an elected official. Do you want to live in a structure of government where one person gets to decide which of your liberties are worth keeping and which are worth discarding?’ And we believe that people in New Mexico want to be involved in that decision.”
Related: ‘Where is the line?’: State Supreme Court examines emergency powers after gun order
The first version of the gun violence public health order included a clause that banned firearms in Bernalillo County. After a week of public uproar, law enforcement leaders and entities refusing to uphold the clause and a federal court order restraining it, the clause was removed.
That executive order is still in effect.
The State Supreme Court heard oral arguments earlier this month on the governor’s executive powers. They have not yet released their opinion on the case.
The joint resolution was introduced Monday and was assigned to the House Government, Elections and Indian Affairs Committee but is not yet an agenda item.
The Committee meets at 8:30 a.m. Mondays, Wednesdays and Fridays.
