2011 HJR 3 Legislative Nullification of Rules

CVNM Position:

Oppose

Priority:

CVNM Priority Vote

Year:

2011

Sponsors:

Andy Nunez

Topics:

Air Quality
Effective Government
Energy & Climate Change

Legislative Info:

HJR 3 on nmlegis.gov »

Description

HJR3 would have posed serious constitutional questions because it created a conflict among all three branches of government. By law, rules must be adopted in accordance with delegated legislative authority. If the executive steps beyond its authority, those actions should be challenged in court. HJR3 would have allowed the Legislature to usurp the authority of the other two branches of government, which is unconstitutional. Moreover, the Legislature doesn’t have time to give appropriate consideration to rules that have often involved days or weeks of testimony and thousands of pages of documentation.

Outcome

HJR3 died in House Judiciary Committee.