HOUSE BILL 41

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

James E. Smith

AN ACT

RELATING TO THE REDISTRICTING OF THE PUBLIC REGULATION COMMISSION; ESTABLISHING PUBLIC REGULATION COMMISSION DISTRICTS FOR THE ELECTION OF PUBLIC REGULATION COMMISSIONERS; PROVIDING FOR THE ELECTION AND APPOINTMENT OF PUBLIC REGULATION COMMISSIONERS; SETTING PRECINCTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 8-7-4 NMSA 1978 (being Laws 1997, Chapter 262, Section 4, as amended) is amended to read:

     "8-7-4. ELECTION--VACANCY.--

          A. Members of the public regulation commission shall be elected for staggered four-year terms. [provided that commission members elected at the 1998 general election shall classify themselves by lot so that two commission members shall initially serve terms of two years and three commission members shall serve terms of four years. Thereafter, all] Commission members shall serve four-year terms; provided that, after serving two consecutive terms, a commission member shall be ineligible to hold office as a commission member until one full term has intervened.

          B. The governor shall by appointment fill vacancies on the public regulation commission. An appointment to fill a vacancy on the public regulation commission shall be for a term ending on December 31 after the next general election, at which election a person shall be elected to fill any remainder of the unexpired term.

          C. An appointment to fill a vacancy on the public regulation commission made before the general election of [2002] 2012 shall be made from the district as it was described in Laws [1997, Chapter 262, Sections 6 through 10] 2001 (1st S.S.), Chapter 3, Sections 3 through 7. After the general election of [2002] 2012, a vacancy shall be filled by appointment from the district set out in Sections 8-7-6 through 8-7-10 NMSA 1978."

     SECTION 2. Section 8-7-5 NMSA 1978 (being Laws 1997, Chapter 262, Section 5, as amended) is amended to read:

     "8-7-5. PRECINCTS.--

          A. Designations and boundaries used in the Public Regulation Commission Apportionment Act are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved by the secretary of state as of August 31, [2001] 2011.

          B. A board of county commissioners shall not create any precinct that lies in more than one public regulation commission district and shall not divide any precinct so that the divided parts of the precinct are situated in two or more public regulation commission districts. Votes cast in a [statewide] public regulation commission election from precincts created or divided in violation of this subsection are invalid and shall not be counted or canvassed."

     SECTION 3. Section 8-7-6 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 3) is repealed and a new Section 8-7-6 NMSA 1978 is enacted to read:

     "8-7-6. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT ONE.--Public regulation commission district one is composed of Bernalillo county precincts 32 through 38, 40 through 56, 58 through 67, 71 through 77, 88, 90 through 99, 101 through 107, 109, 121 through 125, 131 through 133, 135 through 144, 153, 154, 161 through 166, 211, 212, 214 through 217, 221, 223 through 226, 241 through 246, 251 through 257, 271 through 275, 278, 281 through 287, 311 through 318, 321 through 323, 326, 327, 341 through 345, 351 through 358, 371 through 375, 381 through 387, 411 through 413, 441 and 475 through 478; Catron county; Grant county; Hidalgo county; Luna county; Sierra county; Socorro county precincts 1 through 14 and 16 through 26; and Valencia county."

     SECTION 4. Section 8-7-7 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 4) is repealed and a new Section 8-7-7 NMSA 1978 is enacted to read:

     "8-7-7. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT TWO.--Public regulation commission district two is composed of Bernalillo county precincts 258, 289 through 308, 324, 328 through 333, 454, 480, 503 through 507, 514 through 522, 524 through 528, 530 through 536, 540, 542 through 559, 561, 564 through 566 and 570 through 573; Chaves county precincts 1 through 7, 9 through 16, 21 through 25, 31 through 36, 41 through 47, 51, 52, 61 through 63, 71 through 73, 81 through 85, 90 through 94 and 101 through 103; Curry county; De Baca county; Guadalupe county; Lea county precincts 2, 3, 10 and 13; Lincoln county precincts 1 through 3, 13, 15, 16 and 19; Los Alamos county; Quay county; Roosevelt county; Sandoval county precincts 5, 6, 28, 55, 56 and 76; Santa Fe county precincts 9 through 22, 24 through 39, 41 through 57, 62 through 78, 81, 84 through 86 and 88; Torrance county; and Union county."

     SECTION 5. Section 8-7-8 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 5) is repealed and a new Section 8-7-8 NMSA 1978 is enacted to read:

     "8-7-8. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT THREE.--Public regulation commission district three is composed of Bernalillo county precincts 1 through 30, 39, 57, 68 through 70, 78 through 87, 89, 108, 110 through 120, 127 through 129, 134, 150 through 152, 170, 171, 180 through 187, 191 through 197, 346, 347, 400 through 410, 414 through 440, 442 through 453, 455, 456, 461 through 466, 471 through 474, 481 through 500, 502, 508 through 513, 523, 529, 537 through 539, 541, 560, 562, 563, 567 through 569 and 601 through 603; and Sandoval county precincts 11 through 13, 30 through 50, 52 through 54, 57 through 75 and 80 through 86."

     SECTION 6. Section 8-7-9 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 6) is repealed and a new Section 8-7-9 NMSA 1978 is enacted to read:

     "8-7-9. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT FOUR.--Public regulation commission district four is composed of Bernalillo county precinct 31; Cibola county; Colfax county; Harding county; McKinley county; Mora county; Rio Arriba county; San Juan county; San Miguel county; Sandoval county precincts 1 through 4, 7 through 10, 14 through 27, 29, 51, 78 and 79; Santa Fe county precincts 1 through 8, 23, 40, 58 through 61, 79, 80, 82, 83 and 87; Socorro county precinct 15; and Taos county."

     SECTION 7. Section 8-7-10 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 7) is repealed and a new Section 8-7-10 NMSA 1978 is enacted to read:

     "8-7-10. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT FIVE.--Public regulation commission district five is composed of Chaves county precinct 104; Dona Ana county; Eddy county; Lea county precincts 11, 12, 14 through 18, 20 through 36, 41 through 44, 51 through 55, 61, 62 and 71 through 74; Lincoln county precincts 4 through 12, 14, 17, 18, 20 and 21; and Otero county."

     SECTION 8. Section 8-7-11 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 8) is amended to read:

     "8-7-11. ELECTION OF PUBLIC REGULATION COMMISSIONERS.--Commissioners for public regulation commission districts two, four and five shall be elected from the districts described in Sections 8-7-7, 8-7-9 and 8-7-10 NMSA 1978 at the [2002] 2014 and subsequent general elections. Commissioners for public regulation commission districts one and three shall be elected from the districts described in Sections 8-7-6 and 8-7-8 NMSA 1978 at the [2004] 2012 and subsequent general elections."

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