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F I S C A L I M P A C T R E P O R T
SPONSOR Begaye
DATE TYPED 3/7/05
HR 5
SHORT TITLE Impeachment of Elizabeth Shirley Baca
SB
ANALYST Rosen
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Regulation Commission (PRC)
Secretary of State (SOS)
No Responses Received From
Attorney General’s Office (AGO)
SUMMARY
Synopsis of Bill
House Resolution 5 provides a mechanism to begin impeachment proceedings against New Mex-
ico Public Regulation Commissioner E. Shirley Baca.
Significant Issues
Public Regulation Commissioner Elizabeth Shirley Baca has not been convicted of any crime or
misdemeanor. This Resolution does not take into account her right to due process under the law.
PRC notes under Article IV, Section 36 of the New Mexico Constitution, state officers are liable
to impeachment for crimes, misdemeanors and malfeasance in office.
pg_0002
House Resolution 5 -- Page 2
ADMINISTRATIVE IMPLICATIONS
Under Section 35, Article IV of the New Mexico Constitution, a majority vote of all members
elected to the House of Representatives is required for impeachment. All impeachments are tried
by the Senate and no person shall be convicted without a two-thirds vote of all members elected
to the Senate.
TECHNICAL ISSUES
Can an elected official who has not been convicted of a crime be impeached.
JR/njw