AGO IAL040207.

• Case Date: March 26, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. AGO IAL040207. March 26, 2007The Honorable Larry A. LarranagaState Representative District 27 7716 Lamplighter, NE Albuquerque, New Mexico 87109 IAL040207Re: Opinion Request - Legislative Authority to Override Veto during Special SessionDear Representative Larranaga: You have asked whether the Legislature may override a veto of any legislation passed by the First Regular Session of the 48th Legislature during this First Special Session of the 48th Legislature, which is currently underway. Based on our examination of the relevant New Mexico constitutional, statutory and case law authorities, we conclude that the Legislature may override a veto of legislation only if the legislation in a special session relates to an object specified in the Governor's proclamation for the special session. While it is well established that the legislature has the constitutional authority to override a governor's veto by a two-thirds vote, it may do so only in the context of its lawmaking authority. See N.M. Const., art. IV, § 22; see also State ex rel. Taylor v. Johnson, 125 N.M. 343, 354 (1998). The Legislature's authority to enact laws during a special session is limited by Article IV, Section 6 of the New Mexico Constitution. It states in relevant 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.

(emphasis added). Under the rules of constitutional construction, if the language of the constitution is plain, definite, and free from ambiguity, the intent is to be found in the instrument itself, and it is not necessary to resort to such extrinsic aids as the conditions of its adoption. City of Farmingtion v. Fawcett, 114 N.M. 537, 544, 843 P.2d 839 (Ct. App.), cert. quashed 114 N.M. 432 (1992) (citations omitted). Applying these rules of construction, we find the language of Article IV, § 6 unambiguous and clear. It unmistakably provides that the Legislature may act only on those bills that are related to the objects or purposes specified in the governor's proclamation for a special session. Even though New Mexico courts have not interpreted this specific provision, courts in other jurisdictions with similar provisions have concluded that a legislature may not act...