IAL 021208.

Case DateFebruary 12, 2008
CourtNew Mexico
New Mexico Attorney Gen eral Opinions 2008. IAL 021208. February 12, 2008IAL 021208Paula Tackett, DirectorLegislative Council Service411 State Capitol Santa Fe, NM 87501 Re: Opinion Request - Presentment of Bill under Article IV, Section 22 of the New Mexico ConstitutionYou asked whether a bill is presented to the Governor for purposes of Article IV, Section 22 of the New Mexico Constitution if, in the Governor's absence, the bill is accepted by the Lieutenant Governor. As discussed below, unless the Governor has informed the Legislature that certain people in his office are not authorized to accept bills on his behalf during a legislative session, it would be reasonable for the Legislature to consider a bill presented to the Governor if it was delivered to the Governor's Office and accepted by the Lieutenant Governor. Reportedly, the Legislature attempted to deliver certain spending bills to the Governor between 4:00 and 5:00 p.m. on Saturday, February 9, 2008. The Governor and his staff were not in the office and legislative staff members were unable to contact them. The Lieutenant Governor eventually accepted the bills at approximately 6:00 p.m. The Governor contends that the Lieutenant Governor did not have authority to accept the bills on his behalf and that the bills will be treated as if they were presented this morning. Article IV, Section 22 provides, in pertinent part: "Every bill passed by the legislature shall, before it becomes law, be presented to the governor for approval." Once presented, the Governor has three days (not counting Sunday) to approve the bill or return it to the Legislature with his objections. N.M. Const. art. IV, § 22. A bill that is returned to the Legislature will not become law unless it is approved by two-thirds of the members of each house of the Legislature. Id. The Governor's constitutional veto power is "an executive encroachment on the legislative function, an exception to the doctrine of the separation of powers, and, as such, it must be strictly construed." N.M. Att'y Gen. Op. No. 79-13 (1979). It is unclear whether Article IV, Section 22 requires the Governor to keep his offices...

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