In addition to the powers herein enumerated, the legislature shall have all powers necessary to the legislature of a free state, including the power to enact reasonable and appropriate laws to guarantee the continuity and effective operation of state and local government by providing emergency procedure for use only during periods of disaster emergency. A disaster emergency is defined as a period when damage or injury to persons or property in this state, caused by enemy attack, is of such magnitude that a state of martial law is declared to exist in the state, and a disaster emergency is declared by the chief executive officer of the United States and the chief executive officer of this state, and the legislature has not declared by joint resolution that the disaster emergency is ended. Upon the declaration of a disaster emergency the chief executive of the state shall within seven days call a special session of the legislature which shall remain in continuous session during the disaster emergency, and may recess from time to time for [not] more than three days. (As amended November 8, 1960.)

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

The 1960 amendment, which was proposed by H.J.R. No. 24 (Laws 1959) and adopted at the general election held on November 8, 1960, with a vote of 83,742 for and 37,591 against, added everything after "legislature of a free state."

Cross references. — For Emergency Powers Code, see 12-9B-1 NMSA 1978.

For the All Hazard Emergency Management Act, see 12-10-1 NMSA 1978 et seq.

For the Public Health Emergency Response Act, see 12-10A-1 NMSA 1978 et seq.

For the Intrastate Mutual Aid Act, see 12-10B-1 NMSA 1978 et seq.

For the Disaster Succession Act, see 12-11-1 NMSA 1978 et seq.

For the Legislative Disaster Succession Act, see 12-11-11 NMSA 1978 et seq.

For the Disaster Location Act, see 12-11-19 NMSA 1978 et seq.

For the Energy Emergency Powers Act, see 12-12-1 NMSA 1978 et seq.

For the Hazardous Materials Emergency Response Act, see 12-12-17 NMSA 1978 et seq.

For the Uniform Emergency Volunteer Health Practitioners Act, see 12-12A-1 NMSA 1978 et seq.

For the Volunteer Emergency Responder Job Protection Act, see 12-10C-1 NMSA 1978 et seq.

Power to legislatively modify court decisions. — The legislature's plenary authority is limited only by the state and federal constitutions. Court decisions may be modified by legislative enactment in any manner and to any degree decided by the legislature, so long as the legislation conforms to constitutional standards. Ferguson v. New Mexico State Hwy. Comm'n, 1982-NMCA-180, 99 N.M. 194, 656 P.2d 244, cert. denied, 99 N.M. 226, 656 P.2d 889 (1983).

Unreasonable restrictions impermissible. — Legislatures may not, under the guise of the police power, impose restrictions that are unnecessary and unreasonable upon the use of private property or the pursuit of useful activities. State v. Dennis, 1969-NMCA-036, 80 N.M. 262, 454 P.2d 276.

Misuse of police power invalid. — Former 40A-17-5, 1953 Comp. (repealed), defining arson to include any "intentional" burning of property, was an unreasonable exercise of the police power as it could be used to punish innocent and beneficial destruction of property, and was therefore invalid. State v. Dennis, 1969-NMCA-036, 80 N.M. 262, 454 P.2d 276.

Hearing on bribery charges. — In the matter of bribery charges by the legislature, members of the press appearing before its committee may be compelled to divulge the source of their information, but no person shall be compelled to be a witness against himself in any criminal case which perhaps includes such charges, and each house of the legislature may determine its rules of procedure and punish its members for contempt or disorderly conduct in its presence. 1938 Op. Att'y Gen. No. 38-2037.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories and Dependencies §§ 41, 42; 78 Am. Jur. 2d War § 19.

Power of legislative body or committee to compel attendance of nonmember as witness, 50 A.L.R. 21, 65 A.L.R. 1518.

Subpoena duces tecum in proceeding before legislative committee, testing validity or scope of command of, 130 A.L.R. 339.

War conditions, power of legislature to relieve parties from public contracts because of, 137 A.L.R. 1256.

Legislative power to prescribe qualifications for or conditions of eligibility to constitutional office, 34 A.L.R.2d 155.

Legislative power to exempt from taxation property, purposes or uses additional to those specified in constitution, 61 A.L.R.2d 1031.

81A C.J.S. States § 40; 93 C.J.S. War and National Defense § 62.