SENATE JOINT RESOLUTION 21

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Joseph Cervantes and Brian F. Egolf, Jr.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 4 OF THE CONSTITUTION OF NEW MEXICO TO CLARIFY THE POWER OF THE LEGISLATURE AND ITS COMMITTEES TO COMPEL WITNESSES TO ATTEND LEGISLATIVE HEARINGS, TO REQUIRE SWORN TESTIMONY AND TO COMPEL PERSONS TO PRODUCE DOCUMENTS, ELECTRONICALLY STORED INFORMATION OR TANGIBLE ITEMS.

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

     SECTION 1. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:

      "Each house of the legislature and any committee of either house or a joint committee of both houses, pursuant to procedural rules of each house or joint rules of both houses, shall have the power to compel the attendance and testimony of a witness before either house or a committee or to command a person to produce documents, electronically stored information or tangible items in that person's custody or control. The presiding officer of the senate, the speaker of the house of representatives or the chair of a committee of either house or joint committee of both houses of the legislature may administer an oath to a witness who has been compelled to appear and testify pursuant to this section."

     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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