Bipartisan legislators introduce bill to limit governor’s emergency powers

Although the second 2021 Special Session of the Legislature is preliminary regarding redrawing congressional, legislative, and Public Education Commission districts, other topics are being brought before the body, including one proposal, H.B. 10, aimed at limiting the Governor’s emergency powers. 

“A declaration of a state of emergency issued pursuant to the All Hazard Emergency Management Act shall cease to be in effect after ninety days unless the governor calls the legislature into special session to address the circumstances of the state of emergency,” reads the bill sponsored by Reps. Greg Nibert (R-Roswell) and Daymon Ely (D-Corrales). 

“The special session called pursuant to Subsection A of this section shall convene no later than the ninetieth day after the initial declaration of the state of emergency,” the bill adds. 

If the Legislature does not act to restrict the Governor’s powers, then they will automatically be ended 60 days following its extension.

The bill would implement a specific framework a state of emergency must abide by, including information regarding the following:

(1) the nature of the public health emergency;

(2) the political subdivisions or geographic areas affected by the public health emergency;

(3) the conditions that caused the public health emergency;

(4) the expected duration of the public health emergency, if less than thirty days;

(5) the public health officials needed to assist in the coordination of a public health emergency response; and

(6) any other provisions necessary to implement the executive order.

Although co-sponsors other than Ely and Nibert are not mentioned, state Rep. Stefani Lord (R-Sandia Park), said, “I just signed onto HB 10.” She wrote, “In simple terms, the Governor would no longer be all-powerful and instead be required to ask for permission from the legislation to extend the mandates.”

The proposal comes after Gov. Lujan Grisham, a far-left Democrat and alleged sexual predator, has extended the public health emergency for nearly two years, leading to devastation in New Mexico, including the shuddering of 40% of small businesses in the state.

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10 thoughts on “Bipartisan legislators introduce bill to limit governor’s emergency powers”

  1. It’s about time the legislature remembered that it has rights and authority, and acted to end rule by decree. But will the bill pass? if so, will it pass with sufficient support to overturn the inevitable veto? In other words, will a legislature that willingly subordinated itself to a dictator actually act to end the dictatorship?

    1. No bill necessary Robert. The governor has no law making authority. See my other replies for more info. Therefore all mandates are null, void and without effect.

  2. MLG needs to be impeached

    Wish it would pass, it won’t too many far-left crazy people in Santa Fe. They need to impeach MLG, not just attempt to take some of her power away. She thinks she is a queen, not just a governor. Her job is to serve the people of New Mexico, not tell us all what to do. We acre done with mask and vaccine mandates. We are one of only a few states left, hiding our faces with masks that don’t work. She loves the power she has over all of us, why because we are stupid and we let her.

  3. Wonder if this post will disappear

    Not sure what happened to the post I just created. MLG needs to have all her powers taken away. She should be impeached. It will never happen, there are far too many far-left crazy people in Santa Fe. New Mexicans will never stop these evil people. They vote for anybody based on party, not on common sense. MLG needs to go, end of story, she needs no more power over our people, she works for us. She is not supposed to tell us what to do. Done with masks and democrap BS.

  4. Malachi 4:1
    “For, behold, the day cometh, that shall burn as an oven; and all the proud, yea, and all that do wickedly, shall be stubble: and the day that cometh shall burn them up, saith the LORD of hosts, that it shall leave them neither root nor branch.”

  5. No need for a bill. The executive branch has no law making authority. In other states, such as Michigan, their supreme court ruled the governor may not issue mandates and has no emergency powers to make law. Therefore, it is binding in New mexico too. All mandates are null, void and without effect. It should be obvious separation of powers is needed for despots such as these.

    I do not know why people continue to put up with this and the sheriffs are not fulfilling their duties and responsibilities by arresting the entire legislature for misprision of treason and misprision of felony. The AG and gruesome should have been arrested 2 years ago.

  6. We are a nation of laws, not men for a reason. Despots have no lawful constitutional authority. A public servants opinion means nothing. They have limited jurisdiction and authority and have long ago overstepped this. Everyone must write to their reps, their sheriffs, and tell them this will not be tolerated. They are breaking their oath and committing treason against the people and our Republic.

    No trial necessary, sections 3 and 4 of the 14th amendment are clear and the sheriffs can arrest them immediately, and they have forfeited their position, salaries and perks.
    I told you almost 2 years ago this would never end, the WEF and klaus schwab have made it clear what the agenda is. It is the death of all God has made.

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