HOUSE GOVERNMENT, ELECTIONS AND

INDIAN AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE JOINT RESOLUTIONS 8 & 18

52nd legislature - STATE OF NEW MEXICO - second session, 2016

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 11 OF THE CONSTITUTION OF NEW MEXICO BY REPEALING SECTION 1 AND ADDING A NEW SECTION 1 TO PROVIDE FOR THE TRANSITION FROM AN ELECTED TO AN APPOINTED FIVE-MEMBER PUBLIC REGULATION COMMISSION AND TO PROVIDE AN APPOINTMENT PROCESS.

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

     SECTION 1. It is proposed to amend Article 11 of the

constitution of New Mexico by repealing Section 1 and adding a

new Section 1 to read:

          "A. The "public regulation commission" is created. The commission shall consist of five members appointed from districts provided by law for staggered four-year terms. Each member shall be a New Mexico resident appointed to a full term or to a vacancy on the commission by the governor with the advice and consent of the senate. The governor shall make each appointment from a list of three potential appointees submitted to the governor by the New Mexico legislative council. A four-year term for a commission member's position shall begin on January 1 of the year following the expiration of a prior term for that position; provided that the first five members appointed to a full four-year term on or after January 1, 2017 shall be appointed as the terms of members in office prior to January 1, 2017 or elected to office at the 2016 general election expire.

          B. A commission member who serves two consecutive terms is ineligible to hold office as a member again until one full term has intervened. No more than three members shall be members of the same political party. A member appointed to fill a vacancy on the commission shall serve for the remainder of the unexpired term.

          C. The legislature may provide by law for additional qualifications for commission members appointed to a full term on or after January 1, 2017. The legislature shall provide for continuing education requirements for members.

          D. A commission member shall be removed only for malfeasance, misfeasance or neglect of duty after a hearing before the supreme court pursuant to court rules. The

supreme court's jurisdiction over the hearing is exclusive and its decision on the removal is final.

          E. A commission member shall not accept anything of value from a person whose charges for services to the public are regulated by the commission."

     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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