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 said legislature may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary self-convened session shall be limited to a period of thirty days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the state government, in which event the legislature shall be authorized to remain in session until such trial shall have been completed. (As amended November 2, 1948.)

ANNOTATIONS

The 1948 amendment, which was proposed by S.J.R. No. 10 (Laws 1947) and adopted at the general election held on November 2, 1948, with a vote of 36,166 for and 24,184 against, amended this section by substituting "this" for "his" near the end of the first sentence and adding everything following the first sentence.

Comparable provisions. — Idaho Const., art. III, § 8; art. IV, § 9.

Iowa Const., amendment 36.

Montana Const., art. V, § 6; art. VI, § 11.

Utah Const., art. VII, § 6.

Wyoming Const., art. III, § 7; art. IV, § 4.

Proposed constitutional amendments. — The purpose and intent of the framers of the constitution was to limit introduction of amendments to regular as opposed to special sessions, rather than to limit amendments to odd-numbered rather than even-numbered years or to unrestricted rather than restricted regular sessions. State ex rel. Chavez v. Vigil-Giron, 1988-NMSC-103, 108 N.M. 45, 766 P.2d 305.

Procedure not alterable by legislature. — Procedure for calling of special sessions provided in this section may not be altered by an act of the legislature 1953 Op. Att'y Gen. No. 5626.

Constitutional amendment may be proposed during an extraordinary session convened pursuant to this section. 2000 Op. Att'y Gen. No. 00-01.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories and Dependencies § 59.

81A C.J.S. States § 49.