45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELECTIONS; CREATING A JOINT INTERIM LEGISLATIVE REDISTRICTING COMMITTEE; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. REDISTRICTING COMMITTEE CREATED--TERMINATION.--There is created a joint interim legislative committee, which shall be known as the "redistricting committee". The committee shall function from the date of its appointment until January 14, 2002.

Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--The redistricting committee shall be composed of sixteen members. Eight members of the house of representatives shall be appointed by the speaker of the house of representatives and eight members of the senate shall be appointed by the committees' committee of the senate, or, if the senate appointment is made in the interim, by the president pro tempore of the senate after consultation and agreement of a majority of the members of the committees' committee. Members shall be appointed from each house so as to give the two major political parties in each house the same proportional representation on the committee as prevails in each house; provided that in no event shall either of the parties have less than one member from each house on the committee. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments. One co-chairman shall be selected by the speaker of the house of representatives and one co-chairman by the committees' committee, or, if the senate appointment is made in the interim, by the president pro tempore of the senate after consultation and agreement of a majority of the members of the committees' committee. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.

Section 3. DUTIES.--

A. After appointment of its members, the redistricting committee shall hold one organizational meeting to develop a work plan and budget for its interim tasks. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the legislative council, the committee shall:

(1) examine the statutes, constitutional provisions, rules and court decisions governing redistricting in New Mexico;

(2) use the guidelines for redistricting adopted by the New Mexico legislative council so that the procedures, criteria and standards for redistricting plans meet statutory and constitutional requirements;

(3) conduct public hearings to provide a forum for public involvement in the redistricting process; and

(4) recommend appropriate redistricting legislation to the forty-fifth legislature.

B. In developing redistricting plans for congressional, legislative, public regulation commission, state board of education and magistrate court districts, the committee shall use only one version of federal census bureau data if the census bureau issues more than one version of data for the 2000 decennial census.

Section 4. SUBCOMMITTEES.--Subcommittees of the redistricting committee shall be created only by majority vote of all members appointed to the committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of such meeting or expenditure, and the approval shall be shown in the minutes of the committee.

Section 5. REPORT.--The redistricting committee shall recommend proposed redistricting plans to a special session of the forty-fifth legislature called for the purpose of redistricting congressional, legislative, public regulation commission, state board of education and selected magistrate court districts.

Section 6. STAFF.--The legislative council service shall provide staff for the redistricting committee.

Section 7. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2001 and 2002 for the purposes of staffing the redistricting committee and reimbursing the per diem and mileage expenses of the committee. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.