SENATE JOINT RESOLUTION 4

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

William H. Payne

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 11, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR THE APPOINTMENT OF TWO MEMBERS OF THE PUBLIC REGULATION COMMISSION BY THE GOVERNOR.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. It is proposed to amend Article 11, Section 1 of the constitution of New Mexico to read:

     "The "public regulation commission" is created [The commission shall consist of five members elected from districts provided by law for staggered four-year terms beginning on January 1 of the year following their election; provided that those chosen at the first general election after the adoption of this section shall immediately classify themselves by lot, so that two of them shall hold office for two years and three of them for four years; and further provided that, after serving two terms, members shall be ineligible to hold office as a commission member until one full term has intervened] and shall consist of five members. Three members shall be elected from the three districts corresponding to the federal congressional districts for the house of representatives or, if there are more or fewer than three congressional districts, from districts as provided by law. Two members shall be appointed by the governor by and with the consent of the senate. Commissioners appointed by the governor shall not be removed except for incompetence, neglect of duty or malfeasance in office. No two appointees shall be members of the same political party. Members shall serve staggered four-year terms, and, if a member has served two consecutive terms, the member shall not be eligible for election or appointment to the commission until one full term has intervened. One commissioner shall be elected by the commissioners to serve as chairperson for a term of two years. No commissioner or candidate for the commission shall accept anything of value from a person or entity whose charges for services to the public are regulated by the commission. The provisions of this section shall take effect upon adoption of this amendment by the people; provided that commissioners elected in 2006 or before shall serve the remainder of their terms, appointed members shall begin their terms on January 1, 2009 and elected members shall begin their terms on January 1 following their election in the general election of 2010."

     Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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