HOUSE JOINT RESOLUTION 3

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Al Park

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 4, SECTION 28 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW THE APPOINTMENT OF CERTAIN FORMER MEMBERS OF THE LEGISLATURE TO CIVIL OFFICES IN THE STATE IN A LIMITED SITUATION.

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

     Section 1. It is proposed to amend Article 4, Section 28 of the constitution of New Mexico to read:

          "[No] A. Except as provided in Subsection B of this section, a member of the legislature shall not, during the term for which [he] the member was elected, be appointed to any civil office in the state, nor shall [he] the member within one year thereafter be appointed to any civil office created, or the emoluments of which were increased during such term [nor shall any].

          B. A member of the legislature may be appointed to a civil office during the term of the legislature for which the member was elected if:

                (1) the member resigns from the legislature prior to the appointment; and

                (2) during that term, prior to the member's resignation, the civil office to which the appointment is to be made was not created or the emoluments of which were not increased.

          C. A member of the legislature shall not, during the term for which [he] the member was elected, nor within one year thereafter, be interested directly or indirectly in any contract with the state or any municipality thereof, which was authorized by any law passed during such term."

     Section 2. 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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