HOUSE CONCURRENT RESOLUTION 1

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Janice E. Arnold-Jones

A CONCURRENT RESOLUTION

AMENDING THE JOINT RULES TO LIMIT THE USE OF MEMORIALS, ESTABLISH PROCEDURES FOR SPONSORING LEGISLATION IN THE OPPOSITE CHAMBER AND LIMIT THE NUMBER OF BILLS AND MEMORIALS INTRODUCED.

     WHEREAS, Legislative Joint Rule 8-1 provides that joint rules may be adopted, amended or repealed by concurrent resolution approved by two-thirds of the membership of each house;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING THEREIN, that Joint Rule 6-1 be amended to read:

"EXPRESSIONS OF CONDOLENCE AND CONGRATULATIONS (6-1)

                A. The legislative instrument for official

expression of condolence [by either house in case of death or sickness and for congratulatory messages and acknowledgements of achievement], congratulations, recognition or similar sentiment shall be a certificate of a design [which] that is both appropriate and aesthetically sensitive to the expression being extended and to the dignity of the legislature, which certificate for each category of expression shall be uniform in design and expression except for necessary names, addresses and dates.

                B. No bill, resolution or memorial shall be

used for official expressions of condolence, congratulations, [or acknowledgements of achievement] recognition or similar sentiment, and the legislative council service shall not draft such a bill, resolution or memorial.

                [C. The procedure of adopting and issuing

certificates of condolence, congratulations or acknowledgements of achievement shall be:

                     (1) the member shall submit the

appropriate name and address and type of expression desired on the certificate to the chief clerk of the house of the legislature of which he is a member;

                     (2) without further action, the chief

clerk shall consecutively number such request for each session, enter it in an official certificate register and transmit such request to the chairman of the rules committee of that house;

                     (3) the rules committee shall verify the

authenticity of the request and shall report to its parent body those names verified and approved for each category of certification;

                     (4) on each Wednesday when the

legislature is in session and upon any legislative day during the last week of the session, following that order of business in each house pertaining to the reports of committees, the chief clerk of each house shall read all reports on hand of the rules committee serving that house pertaining to such certification, and the house of the legislature receiving the committee report shall vote on the approval of the committee report and the sentiments expressed therein. Such approval shall be an authorization to mail a certificate to the family or individual as the case may be; and

                     (5) in the publication of the session

laws, the names of those persons who were the subject of certification shall be collectively shown, according to the certifying house and nature of sentiment expressed.]

                C. The certificates issued by each house shall

be shown in the respective journals of each house or available in the respective chief clerk's office of each house."; and

     BE IT FURTHER RESOLVED that a new Joint Rule 6-2 be adopted to read:

"RESOLUTIONS AND MEMORIALS (6-2)

A. A resolution is the appropriate

instrument for the legislature to formally express its sentiment on a subject that it cannot or does not elect to control by law; to propose amendments to the state constitution; to ratify amendments to the federal constitution; or to express the approval of the legislature when the governor's approval is not required.

B. A memorial is the appropriate

instrument for the legislature to express its desire, in the form of a petition or declaration of intent, that is generally written as a request to an elected state official or another governmental body.

C. A letter of request is the

appropriate instrument for the legislature or one of its committees to express its desire that a state department, institution, agency or instrumentality undertake a specific task. The legislative council service shall not draft or prepare a resolution or memorial that calls for or requests state departments, institutions, agencies or instrumentalities to undertake a specific task."; and

     BE IT FURTHER RESOLVED that Joint Rule 11-1 be amended to read:

"JOINT SPONSORSHIP (11-1)

                A. During any session of the legislature,

any bill, resolution or memorial introduced in the house may be cosponsored by senate members by endorsing the bill, resolution or memorial or by [filing a written notice in open session] endorsing a form that is signed and filed by the senate president pro tempore, senate majority or minority floor leader or senate majority or minority whip with the clerk of the house prior to third reading in the house [and] or two days after the deadline for introduction of bills in a session convened in an even-numbered year and four days after the deadline for the introduction of bills in a session convened in an odd-numbered year, whichever occurs earlier.

B. During any session of the legislature, any

bill, resolution or memorial introduced in the senate may be cosponsored by house members by endorsing the bill, resolution or memorial or by [filing a written notice in open session] endorsing a form that is signed and filed by the speaker of the house, house majority or minority floor leader or house majority or minority whip with the clerk of the senate prior to third reading in the senate or two days after the deadline for introduction of legislation in a session convened in an even-numbered year and four days after the deadline for the introduction of legislation in a session convened in an odd-numbered year, whichever occurs earlier.

                C. The names of the sponsor and cosponsors of

all bills, resolutions and memorials shall be shown on the face of the enrolled and engrossed legislation."; and

     BE IT FURTHER RESOLVED that a new Joint Rule 12-1 be adopted to read:

"BILL AND MEMORIAL INTRODUCTION LIMITS (12-1)

Each member may introduce no more than five bills and two memorials during a session convened in an even-numbered year and no more than ten bills and two memorials during a session convened in an odd-numbered year; provided that this limitation shall not apply to bills that are prefiled; or bills or memorials that are endorsed by a legislative interim committee."; and

     BE IT FURTHER RESOLVED that the amendments to the joint rules proposed by this concurrent resolution take effect immediately prior to adjournment of the second session of the forty-eighth legislature.

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