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New Mexico Constitution, Article IV

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New Mexico/Constitution

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Article IV, Legislative Department

42 sections · 0 paragraphs in this article.

All articles265 Art. I1 Art. II24 Art. III1 Art. IV42 Art. V16 Art. VI39 Art. VII5 Art. VIII12 Art. IX16 Art. X10 Art. XI6 Art. XII15 Art. XIII3 Art. XIV3 Art. XV2 Art. XVI6 Art. XVII2 Art. XVIII2 Art. XIX5 Art. XX22 Art. XXI11 Art. XXII22

42 provisions·Filtered byArt. IV✕

N.M. Const. art. IV, § 1 Vesting of Legislative Power; Location of Sessions; Referendum on Legislation
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The legislative power shall be vested in a senate and house of representatives which shall be designated the legislature of the state of New Mexico, and shall hold its sessions at the seat of government. The people reserve the power to disapprove, suspend and annul any law enacte…
N.M. Const. art. IV, § 2 Powers Generally; Disaster Emergency Procedure
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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 provi…
N.M. Const. art. IV, § 3 Number and Qualifications of Members; Single-Member Districts; Reapportionment
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A. Senators shall not be less than twenty-five years of age and representatives not less than twenty-one years of age at the time of their election. If any senator or representative permanently removes his residence from or maintains no residence in the district from which he was…
N.M. Const. art. IV, § 4 Terms of Office of Members; Time of Election; Filling of Vacancies

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Members of the legislature shall be elected as follows: those senators from Bernalillo, Chaves, Curry, DeBaca, Grant, Lea, Lincoln, Luna, Sandoval, San Juan, San Miguel, Socorro, Taos, Torrance, Union and Valencia counties for a term of six years starting January 1, 1961, and aft…

N.M. Const. art. IV, § 5 Time and Length of Sessions; Items Considered in Even-Numbered Years

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A. Each regular session of the legislature shall begin annually at 12:00 noon on the third Tuesday of January. Every regular session of the legislature convening during an odd-numbered year shall remain in session not to exceed sixty days, and every regular session of the legisla…

N.M. Const. art. IV, § 6 Special Session; Extraordinary Session

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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-…

N.M. Const. art. IV, § 7 Judge of Election and Qualification of Members; Quorum

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Each house shall be the judge of the election and qualifications of its own members. A majority of either house shall constitute a quorum to do business, but a less number may effect a temporary organization, adjourn from day to day and compel the attendance of absent members.[1]

N.M. Const. art. IV, § 8 Call to Order; Presiding Officers

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The senate shall be called to order in the hall of the senate by the lieutenant governor. The senate shall elect a president pro tempore who shall preside in the absence of the lieutenant governor and shall serve until the next session of the legislature. The house of representat…

N.M. Const. art. IV, § 9 Selection and Compensation of Officers and Employees

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The legislature shall select its own officers and employees and fix their compensation. Each house shall have one chaplain, one chief clerk and one sergeant at arms; and there shall be one assistant chief clerk and one assistant sergeant at arms for each house; and each house may…

N.M. Const. art. IV, § 10 Compensation of Members

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Each member of the legislature shall receive: A. per diem at the internal revenue service per diem rate for the city of Santa Fe for each day's attendance during each session of the legislature and the internal revenue service standard mileage rate for each mile traveled in going…

N.M. Const. art. IV, § 11 Rules of Procedure; Contempt or Disorderly Conduct; Expulsion of Members

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Each house may determine the rules of its procedure, punish its members or others for contempt or disorderly behavior in its presence and protect its members against violence; and may, with the concurrence of two-thirds of its members, expel a member, but not a second time for th…

N.M. Const. art. IV, § 12 Public Sessions; Journals

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All sessions of each house shall be public. Each house shall keep a journal of its proceedings and the yeas and nays on any questions shall, at the request of one-fifth of the members present, be entered thereon. The original thereof shall be filed with the secretary of state at …

N.M. Const. art. IV, § 13 Privileges and Immunities

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Members of the legislature shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and on going to and returning from the same. And they shall not be questioned in any other …

N.M. Const. art. IV, § 14 Adjournment

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Neither house shall, without the consent of the other, adjourn for more than three days, Sundays excepted; nor to any other place than that where the two houses are sitting; and on the day of the final adjournment they shall adjourn at twelve o'clock, noon.[1]

N.M. Const. art. IV, § 15 Laws to Be Passed by Bill; Alteration of Bill; Enacting Clause; Printing and Reading of Bill

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No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. The enacting clause of all bills shall be: "Be it enacted by the legislature of the state of New Mexico." Any bill may originat…

N.M. Const. art. IV, § 16 Subject of Bill in Title; Appropriation Bills

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The subject of every bill shall be clearly expressed in its title, and no bill embracing more than one subject shall be passed except general appropriation bills and bills for the codification or revision of the laws; but if any subject is embraced in any act which is not express…

N.M. Const. art. IV, § 17 Passage of Bills

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No bill shall be passed except by a vote of a majority of the members present in each house, nor unless on its final passage a vote be taken by yeas and nays, and entered on the journal.[1]

N.M. Const. art. IV, § 18 Amendment of Statutes

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No law shall be revised or amended, or the provisions thereof extended by reference to its title only; but each section thereof as revised, amended or extended shall be set out in full. Notwithstanding the foregoing or any other provision of this constitution, the legislature, in…

N.M. Const. art. IV, § 19 Introduction of Bills

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Time limitation on the introduction of bills at any session of the legislature shall be established by law.[1]

N.M. Const. art. IV, § 20 Enrollment, Engrossment and Signing of Bills

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Immediately after the passage of any bill or resolution, it shall be enrolled and engrossed, and read publicly in full in each house, and thereupon shall be signed by the presiding officers of each house in open session, and the fact of such reading and signing shall be entered o…

N.M. Const. art. IV, § 21 Alteration or Theft of Bill

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Any person who shall, without lawful authority, materially change or alter, or make away with, any bill pending in or passed by the legislature, shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than …

N.M. Const. art. IV, § 22 Governor's Approval or Veto of Bills

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Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approves, he shall sign it, and deposit it with the secretary of state; otherwise, he shall return it to the house in which it originated, with his objections, wh…

N.M. Const. art. IV, § 23 Effective Date of Law; Emergency Acts

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Laws shall go into effect ninety days after the adjournment of the legislature enacting them, except general appropriation laws, which shall go into effect immediately upon their passage and approval. Any act necessary for the preservation of the public peace, health or safety, s…

N.M. Const. art. IV, § 24 Local or Special Laws

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The legislature shall not pass local or special laws in any of the following cases: regulating county, precinct or district affairs; the jurisdiction and duties of justices of the peace, police magistrates and constables; the practice in courts of justice; the rate of interest on…

N.M. Const. art. IV, § 25 Validating Unauthorized Official Acts; Fines Against Officers, Etc

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No law shall be enacted legalizing the unauthorized or invalid act of any officer, remitting any fine, penalty or judgment against any officer or validating any illegal use of public funds.[1]

N.M. Const. art. IV, § 26 Grant of Franchise or Privilege

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The legislature shall not grant to any corporation or person, any rights, franchises, privileges, immunities or exemptions, which shall not, upon the same terms and under like conditions, inure equally to all persons or corporations; no exclusive right, franchise, privilege or im…

N.M. Const. art. IV, § 27 Extra or Increased Compensation for Officers, Contractors, Etc

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No law shall be enacted giving any extra compensation to any public officer, servant, agent or contractor after services are rendered or contract made; nor shall the compensation of any officer be increased or diminished during his term of office, except as otherwise provided in …

N.M. Const. art. IV, § 28 Appointment of Present and Former Legislators to Office; Interest of Legislators in Contracts

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No member of the legislature shall, during the term for which he was elected, be appointed to any civil office in the state, nor shall he within one year thereafter be appointed to any civil office created, or the emoluments of which were increased during such term; nor shall any…

N.M. Const. art. IV, § 29 Laws Creating Debts

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No law authorizing indebtedness shall be enacted which does not provide for levying a tax sufficient to pay the interest, and for the payment at maturity of the principal.[1]

N.M. Const. art. IV, § 30 Payments from Treasury to Be Upon Appropriations and Warrant

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Except interest or other payments on the public debt, money shall be paid out of the treasury only upon appropriations made by the legislature. No money shall be paid therefrom except upon warrant drawn by the proper officer. Every law making an appropriation shall distinctly spe…

N.M. Const. art. IV, § 31 Appropriations for Charitable, Educational, Etc., Purposes

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No appropriation shall be made for charitable, educational or other benevolent purposes to any person, corporation, association, institution or community, not under the absolute control of the state, but the legislature may, in its discretion, make appropriations for the charitab…

N.M. Const. art. IV, § 32 Remission of Debts Due State or Municipalities

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No obligation or liability of any person, association or corporation held or owned by or owing to the state, or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released, postponed or in any way diminished by the legislature, nor shall any such o…

N.M. Const. art. IV, § 33 Prosecutions under Repealed Laws

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No person shall be exempt from prosecution and punishment for any crime or offenses against any law of this state by reason of the subsequent repeal of such law.[1]

N.M. Const. art. IV, § 34 Change of Rights or Procedure in Pending Cases

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No act of the legislature shall affect the right or remedy of either party, or change the rules of evidence or procedure, in any pending case.[1]

N.M. Const. art. IV, § 35 Power and Procedure for Impeachment and Trial

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The sole power of impeachment shall be vested in the house of representatives, and a concurrence of a majority of all the members elected shall be necessary to the proper exercise thereof. All impeachments shall be tried by the senate. When sitting for that purpose the senators s…

N.M. Const. art. IV, § 36 Officers Subject to Impeachment

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All state officers and judges of the district court shall be liable to impeachment for crimes, misdemeanors and malfeasance in office, but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust or profit, o…

N.M. Const. art. IV, § 37 Railroad Passes

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It shall not be lawful for a member of the legislature to use a pass, or to purchase or receive transportation over any railroad upon terms not open to the general public; and the violation of this section shall work a forfeiture of the office.[1]

N.M. Const. art. IV, § 38 Monopolies

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The legislature shall enact laws to prevent trusts, monopolies and combinations in restraint of trade.[1]

N.M. Const. art. IV, § 39 "Bribery" and "solicitation" defined

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Any member of the legislature who shall vote or use his influence for or against any matter pending in either house in consideration of any money, thing of value or promise thereof, shall be deemed guilty of bribery; and any member of the legislature or other person who shall dir…

N.M. Const. art. IV, § 40 Penalty for Bribery

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Any person convicted of any of the offenses mentioned in Sections thirty-seven and thirty-nine hereof, shall be deemed guilty of a felony and upon conviction shall be punished by fine of not more than one thousand dollars [($1,000)] or by imprisonment in the penitentiary for not …

N.M. Const. art. IV, § 41 Compelling Testimony in Bribery Cases

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Any person may be compelled to testify in any lawful investigation or judicial proceeding against another charged with bribery or solicitation of bribery as defined herein, and shall not be permitted to withhold his testimony on the ground that it might incriminate or subject him…

N.M. Const. art. IV, § 42 Hearings on Confirmation of Gubernatorial Appointments

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The senate, in exercising its advice and consent responsibilities over gubernatorial appointments, may by resolution designate the members of an appropriate standing committee to operate as an interim committee during the interim between legislative sessions for the purpose of co…