HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 935

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; CREATING AN INDEPENDENT CONSTITUTIONAL REVISION COMMISSION PURSUANT TO ARTICLE 19, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. CONSTITUTIONAL REVISION COMMISSION--CREATION--COMPOSITION.--The "constitutional revision commission" is created as an independent commission pursuant to Article 19, Section 1 of the constitution of New Mexico. The commission shall be composed of fifteen voting members and two advisory, nonvoting members. Members shall be appointed pursuant to the following provisions:

          A. three public members shall be appointed by the speaker of the house of representatives, of whom no more than two shall belong to the same political party;

          B. three public members shall be appointed by the president pro tempore of the senate, of whom no more than two shall belong to the same political party;

          C. three public members shall be appointed by the governor, of whom no more than two shall belong to the same political party;

          D. six public members shall be appointed by the New Mexico legislative council in consultation with the governor;

          E. the appointments shall be coordinated to ensure that the different geographical areas of the state are represented and that the members reflect the cultural, economic, professional and ethnic diversity of New Mexico;

          F. no more than eight members shall belong to the same political party; and

          G. the chief justice of the New Mexico supreme court or the chief justice's designee and the attorney general or the attorney general's designee shall serve in an advisory, nonvoting capacity.

     Section 2. 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 respective appointing authority that made the original appointment, and those appointments shall be subject to the same criteria applicable to the initial appointments.

     Section 3. 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 voting members, legislation shall be drafted and submitted to the legislature for its review in accordance with the provisions of Article 19, Section 1 of the constitution of New Mexico.

     Section 4. REPORTS AND RECOMMENDATIONS.--The constitutional revision commission shall make a full report of its findings and recommendations. The report and any recommended constitutional revisions shall be made to the governor and to each member of the fiftieth legislature not later than thirty days prior to the convening of its first regular session.

     Section 5. STAFFING.--The staff and research work shall be done under the supervision of the chair of the constitutional revision commission by employees approved by the commission, assisted, upon request, by the legislative council service.

     Section 6. 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. PER DIEM AND MILEAGE.--Members of the constitutional revision commission shall receive per diem and mileage as provided for in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

     Section 8. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from legislative cash balances to the legislative council service for expenditure in fiscal years 2009 through 2011 in order to carry out the provisions of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2011 shall revert to legislative cash balances.

     Section 9. DELAYED REPEAL.--The provisions of this act are repealed effective April 1, 2011.

     Section 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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