HOUSE JOINT RESOLUTION 8

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Carl Trujillo and Rod Montoya

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 11 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR AN APPOINTED PUBLIC REGULATION COMMISSION SELECTED FROM A LIST OF NAMES PROVIDED TO THE GOVERNOR BY A NOMINATING COMMITTEE AND TO PROVIDE FOR THE TRANSITION FROM ELECTED TO APPOINTED COMMISSIONERS.

 

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:

          "A. The "public regulation commission" is created. The commission shall consist of five [members elected] commissioners appointed by the governor from a list of names provided by the public regulation commission nominating committee 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]; provided that commissioners elected or appointed to fill an elected vacancy prior to January 1, 2019 shall continue to hold office until the end of their terms; and further provided that after serving two terms, [members] commissioners shall be ineligible to hold office as a [commission member] commissioner until one full term has intervened.

          B. The legislature shall provide, by law, [increased] for qualifications for commissioners and continuing education requirements for commissioners. [The increased qualifications provided by this 2012 amendment shall apply to public regulation commissioners elected at the general election in 2014 and subsequent elections and to commissioners appointed to fill a vacancy at any time after July 1, 2013.]

          C. 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."

     SECTION 2. It is proposed to amend Article 11 of the constitution of New Mexico by adding a new section to read:

          "A. The "public regulation commission nominating committee" is created and is composed of:

                (1) three persons knowledgeable about the work of the public regulation commission appointed by the speaker of the house of representatives after consultation with the minority floor leader of the house of representatives;

                (2) three persons knowledgeable about the work of the public regulation commission appointed by the president pro tempore of the senate after consultation with the minority floor leader of the senate; and

                (3) four retired district or appellate judges or justices who have experience hearing cases involving utility rate-setting or other public regulation commission appeals, appointed by the chief justice of the supreme court.

          B. The chief justice shall name one of the judges or justices to serve as chairperson of the nominating committee.

          C. Appointed members of the nominating committee shall serve at the pleasure of the appointing authority. If a vacancy occurs in an appointed position, the vacancy shall be filled by appointment of the original appointing authority.

          D. The nominating committee shall actively solicit, accept and evaluate applications from qualified persons for the position of public regulation commissioner and may require an applicant to submit any information it deems relevant to the consideration of the application.

          E. For an original appointment to or to fill a vacancy on the public regulation commission, the nominating committee shall meet within thirty days and within that period submit to the governor the names of persons qualified to hold office as a public regulation commissioner and recommended for appointment by a majority of the committee. Immediately after receiving the nominating committee's nominations, the governor may make one request of the committee for submission of additional names, and the committee shall promptly submit such additional names if a majority of the committee finds that there are additional qualified persons and recommends those persons for appointment to the public regulation commission. The governor shall appoint a person to fill an original appointment or to fill a vacancy on the commission within thirty days after receiving final nominations from the nominating committee by appointing one of the persons nominated by the committee for appointment. If the governor fails to make the appointment within that period or from those nominations, the appointment shall be made by the chief justice or the acting chief justice of the supreme court from those nominations. Any person appointed to fill a vacancy shall serve the remainder of the term for which the person was appointed."

     SECTION 3. 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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