SENATE BILL 308

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Joseph Cervantes and Mimi Stewart and Peter Wirth

AN ACT

RELATING TO THE CONSTITUTION; CREATING A CONSTITUTIONAL REVISION COMMISSION; PROVIDING POWERS AND DUTIES; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     SECTION 1. TEMPORARY PROVISION--CONSTITUTIONAL REVISION COMMISSION--CREATION--COMPOSITION--TERMS.--The "constitutional revision commission" is created. The commission shall be composed of fifteen voting members who shall be appointed by the governor with five members appointed from each congressional district. Not more than eight voting members shall belong to the same political party. In addition, two members of the house of representatives, appointed by the speaker of the house of representatives; two members of the senate, appointed by the president pro tempore; the chief justice of the supreme court or the chief justice's designee and the attorney general or the attorney general's designee shall serve on the constitutional revision commission in an advisory and consulting capacity. The commission shall function for two years from the date of its appointment.

     SECTION 2. TEMPORARY PROVISION--OFFICERS--VACANCIES.--The constitutional revision commission shall elect a chair and other necessary officers from among its members. Vacancies on the commission shall be filled by appointment by the original appointing authority.

     SECTION 3. TEMPORARY PROVISION--POWERS AND DUTIES.--The constitutional revision commission shall examine the constitution of New Mexico and the constitutions of other states to recommend changes in the constitution of New Mexico as it deems desirable and necessary. Upon majority approval of the fifteen members appointed by the governor, legislation shall be drafted by the legislative council service in accordance with the provisions of Article 19 of the constitution of New Mexico.

     SECTION 4. TEMPORARY PROVISION--REPORTS AND RECOMMENDATIONS.--The constitutional revision commission shall make a full report of its findings and recommendations to the governor and the legislature along with any recommended legislation to each member of the fifty-sixth legislature. The report and any recommended legislation shall also be made available to each member of the fifty-sixth legislature not later than thirty days prior to the convening of its second regular session.

     SECTION 5. TEMPORARY PROVISION--STAFFING.--The constitutional revision commission shall be staffed by the legislative council service. The non-drafting staff and non-drafting research work shall be supervised by the chair of the constitutional revision commission.

     SECTION 6. TEMPORARY PROVISION--SUBCOMMITTEES.--In the performance of its duties, the constitutional revision commission may divide into subcommittees, but the findings and recommendations of the commission shall be adopted and reported only upon a majority vote of the commission.

     SECTION 7. TEMPORARY PROVISION--PER DIEM AND MILEAGE.--Members of the constitutional revision commission appointed by the governor shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. The legislative advisory members shall be paid per diem and mileage as provided by law for legislators serving on New Mexico legislative council-appointed committees.

     SECTION 8. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2024 through 2026 to carry out the duties of the constitutional revision commission. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall revert to the general fund.

     SECTION 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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