HOUSE BILL 439
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Thomas C. Taylor
AN ACT
RELATING TO THE STATE GAME COMMISSION; SETTING TERM LIMITS FOR COMMISSIONERS; PROVIDING FOR THE LEGISLATURE TO APPOINT TWO COMMISSIONERS; ADDING REQUIREMENTS FOR APPOINTMENT AND REMOVAL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 17-1-2 NMSA 1978 (being Laws 1921, Chapter 35, Section 2, as amended) is amended to read:
"17-1-2. STATE GAME COMMISSION--APPOINTMENT--TERM.--
A. To carry out the purpose of Chapter 17 NMSA 1978 and all other acts for like purpose, there is created a "state game commission" of seven members [not more than four of whom shall be of the same political party at the time of their appointment. The members of the commission shall be appointed by the governor with the advice and consent of the senate]. The term of office for each member of the commission shall be four years. [At the time of making the first appointments, the governor shall designate the commissioners' terms as being one, two, three or four years] The terms of the commissioners shall be staggered so that the term of no more than two commissioners shall expire each year.
[In making appointments to the state game commission, one member]
B. Commissioners shall serve for no more than two terms. If a commissioner is appointed to fill a vacancy, that commissioner shall serve the balance of the term for the commissioner being replaced. That partial term shall be counted as one full term.
C. The governor shall appoint five members to the commission, with the advice and consent of the senate. No more than three of the commissioners appointed by the governor shall be of the same political party at the time of their appointment. The commissioners appointed by the governor shall be appointed from each of the following districts:
[A.] (1) district one: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties;
[B.] (2) district two: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Dona Ana counties;
[C.] (3) district three: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties;
[D.] (4) district four: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties; and
[E.] (5) district five: Bernalillo county.
D. The remaining two members shall be appointed at large. [At least] One at-large member shall be appointed by the speaker of the house of representatives and the president pro tempore of the senate; the other at-large member shall be appointed by the minority floor leaders of the house of representatives and the senate. One at-large member of the commission shall manage and operate a farm or ranch that contains at least two species of wildlife on that part [which] that is deeded land requiring licensing prior to legal pursuit under the provisions of Section 17-3-2 NMSA 1978. [At least one] The other at-large member shall have a demonstrated history of involvement in wildlife and habitat protection issues and [whose] have activities or occupation [are] not in conflict with wildlife and habitat advocacy. Both at-large members shall be appointed with the advice and consent of the governor. The at-large members shall not be members of the same political party at the time of their appointment.
E. For the purposes of this section, a person nominated for appointment to the commission shall not have changed party affiliation with the office of the secretary of state in the year prior to the person's nomination.
F. Whenever any member of the commission dies, resigns or no longer has the qualifications required for the member's original selection, that position on the commission becomes vacant. The remaining members of the commission shall certify the existence of the vacancy to the original appointing authority for the vacant position, which authority shall select a successor in the same manner as the original selection was made.
G. Members of the commission shall not be removed except for incompetence, neglect of duty or malfeasance in office; provided, however, that no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member. The supreme court of the state of New Mexico shall have exclusive original jurisdiction over proceedings to remove members of the commission under such rules as it may promulgate, and its decision in connection with such matters shall be final.
H. The commission shall annually select a chair and vice chair. The chair of the commission shall alternate between a member appointed by the legislature and a member appointed by the governor. A commissioner may serve as chair of the commission only once in a four-year period.
I. The state game commission as provided in Chapter 17 NMSA 1978 shall have the same authority, powers and duties as now vested in the state game commission by law, and each member of the state game commission shall serve until [his] a successor has been appointed and qualified."
SECTION 2. TEMPORARY PROVISION--TRANSITION FOR CURRENTLY SERVING COMMISSIONERS.--
A. The at-large commissioners of the state game commission who are serving at the time this act takes effect shall serve out the remainder of their terms. Upon a vacancy that occurs in one of the at-large commission positions held at the time this act takes effect, whether through the expiration of a commissioner's term, a commissioner's retirement or the removal of a commissioner, the legislature shall appoint a replacement consistent with the provisions of Section 17-1-2 NMSA 1978.
B. The district-specific commissioners of the state game commission who are serving at the time this act takes effect shall serve out the remainder of their terms. Upon a vacancy that occurs in one of the district-specific commission positions held at the time this act takes effect, whether through the expiration of a commissioner's term, a commissioner's retirement or the removal of a commissioner, the governor shall appoint a replacement consistent with the provisions of Section 17-1-2 NMSA 1978.
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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