HOUSE BILL 33

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

James E. Smith

AN ACT

RELATING TO THE REDISTRICTING OF THE PUBLIC REGULATION COMMISSION; ESTABLISHING PUBLIC REGULATION COMMISSION DISTRICTS FOR THE ELECTION OF PUBLIC REGULATION COMMISSIONERS; PROVIDING FOR THE ELECTION AND APPOINTMENT OF PUBLIC REGULATION COMMISSIONERS; SETTING PRECINCTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 8-7-4 NMSA 1978 (being Laws 1997, Chapter 262, Section 4, as amended) is amended to read:

     "8-7-4. ELECTION--VACANCY.--

          A. Members of the public regulation commission shall be elected for staggered four-year terms. [provided that commission members elected at the 1998 general election shall classify themselves by lot so that two commission members shall initially serve terms of two years and three commission members shall serve terms of four years. Thereafter, all] Commission members shall serve four-year terms; provided that, after serving two consecutive terms, a commission member shall be ineligible to hold office as a commission member until one full term has intervened.

          B. The governor shall by appointment fill vacancies on the public regulation commission. An appointment to fill a vacancy on the public regulation commission shall be for a term ending on December 31 after the next general election, at which election a person shall be elected to fill any remainder of the unexpired term.

          C. An appointment to fill a vacancy on the public regulation commission made before the general election of [2002] 2012 shall be made from the district as it was described in Laws [1997, Chapter 262, Sections 6 through 10] 2001 (1st S.S.), Chapter 3, Sections 3 through 7. After the general election of [2002] 2012, a vacancy shall be filled by appointment from the district set out in Sections 8-7-6 through 8-7-10 NMSA 1978."

     SECTION 2. Section 8-7-5 NMSA 1978 (being Laws 1997, Chapter 262, Section 5, as amended) is amended to read:

     "8-7-5. PRECINCTS.--

          A. Designations and boundaries used in the Public Regulation Commission Apportionment Act are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved by the secretary of state as of August 31, [2001] 2011.

          B. A board of county commissioners shall not create any precinct that lies in more than one public regulation commission district and shall not divide any precinct so that the divided parts of the precinct are situated in two or more public regulation commission districts. Votes cast in a [statewide] public regulation commission election from precincts created or divided in violation of this subsection are invalid and shall not be counted or canvassed."

     SECTION 3. Section 8-7-6 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 3) is repealed and a new Section 8-7-6 NMSA 1978 is enacted to read:

     "8-7-6. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT ONE.--Public regulation commission district one is composed of Bernalillo county precincts 4, 5, 7 through 30, 39, 79 through 85, 89, 107, 108, 110 through 115, 117 through 121, 125, 127, 128, 131, 150 through 154, 161 through 166, 180 through 187, 191 through 197, 211, 212, 215, 216, 241 through 246, 251 through 257, 271 through 275, 278, 281 through 287, 291 through 293, 295, 297 through 302, 304 through 308, 311 through 318, 321 through 323, 326, 327, 329, 341 through 347, 351 through 358, 371 through 375, 381 through 387, 400 through 456, 461 through 466, 471 through 478, 480 through 500, 502 through 550, 560 through 566, 568, 569 and 601 through 603."

     SECTION 4. Section 8-7-7 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 4) is repealed and a new Section 8-7-7 NMSA 1978 is enacted to read:

     "8-7-7. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT TWO.--Public regulation commission district two is composed of Bernalillo county precincts 303, 551, 553, 555 through 559 and 570 through 573; Chaves county; Colfax county; Curry county; De Baca county; Dona Ana county precincts 11 through 15, 74 through 76, 80, 81 and 97; Eddy county; Guadalupe county; Harding county; Lea county; Lincoln county precincts 1, 3, 12 and 14 through 16; Otero county precincts 1 through 13, 19, 20, 22, 23, 26 through 28, 30 through 33, 35, 37 through 39 and 41; Quay county; Roosevelt county; San Miguel county precincts 14 and 15; Santa Fe county precincts 18, 19, 73, 84 and 85; Torrance county precincts 1 through 3, 5 through 9 and 11 through 16; and Union county."

     SECTION 5. Section 8-7-8 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 5) is repealed and a new Section 8-7-8 NMSA 1978 is enacted to read:

     "8-7-8. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT THREE.--Public regulation commission district three is composed of Bernalillo county precincts 1 through 3, 6, 68, 69, 78, 86, 87, 116, 129, 170, 171 and 567; Los Alamos county; Mora county; Rio Arriba county precincts 1 through 18, 20, 21, 28, 31 through 34 and 36 through 42; San Miguel county precincts 1 through 13 and 16 through 28; Sandoval county precincts 1 through 6, 11 through 13, 28 through 76 and 80 through 86; Santa Fe county precincts 1 through 17, 20 through 72, 74 through 83 and 86 through 88; and Taos county."

     SECTION 6. Section 8-7-9 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 6) is repealed and a new Section 8-7-9 NMSA 1978 is enacted to read:

     "8-7-9. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT FOUR.--Public regulation commission district four is composed of Bernalillo county precincts 31 through 38, 40 through 67, 70 through 77, 88, 90 through 99, 101 through 106, 109, 122 through 124, 132 through 144, 214, 217, 221 and 223 through 226; Cibola county; McKinley county; Rio Arriba county precincts 19, 22 through 27, 29, 30 and 35; San Juan county; Sandoval county precincts 7 through 10, 14 through 27, 78 and 79; Socorro county precincts 15 and 26; and Valencia county precinct 13."

     SECTION 7. Section 8-7-10 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 7) is repealed and a new Section 8-7-10 NMSA 1978 is enacted to read:

     "8-7-10. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT FIVE.--Public regulation commission district five is composed of Bernalillo county precincts 258, 289, 290, 294, 296, 324, 328, 330 through 333, 552 and 554; Catron county; Dona Ana county precincts 1 through 10, 16 through 73, 77 through 79, 82 through 96 and 98 through 120; Grant county; Hidalgo county; Lincoln county precincts 2, 4 through 11, 13 and 17 through 21; Luna county; Otero county precincts 14 through 18, 21, 24, 25, 29, 34, 36 and 40; Sierra county; Socorro county precincts 1 through 14 and 16 through 25; Torrance county precincts 4 and 10; and Valencia county precincts 1 through 12 and 14 through 41."

     SECTION 8. Section 8-7-11 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 8) is amended to read:

     "8-7-11. ELECTION OF PUBLIC REGULATION COMMISSIONERS.--Commissioners for public regulation commission districts two, four and five shall be elected from the districts described in Sections 8-7-7, 8-7-9 and 8-7-10 NMSA 1978 at the [2002] 2014 and subsequent general elections. Commissioners for public regulation commission districts one and three shall be elected from the districts described in Sections 8-7-6 and 8-7-8 NMSA 1978 at the [2004] 2012 and subsequent general elections."

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