HOUSE JOINT RESOLUTION 10
55th legislature - STATE OF NEW MEXICO - second session, 2022
INTRODUCED BY
Angelica Rubio and Javier Martínez and Daymon Ely
A JOINT RESOLUTION
PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO BY CREATING A PUBLIC OFFICER SALARY COMMISSION TO ESTABLISH AND LIMIT THE SALARIES OF ELECTED STATE OFFICERS AND OTHER PUBLIC OFFICERS AS PROVIDED BY LAW; REPEALING THE CONSTITUTIONAL PROVISION PROVIDING FOR LEGISLATIVE PER DIEM AND MILEAGE AND THE PROHIBITION OF LEGISLATIVE COMPENSATION; AMENDING AND REPEALING CONSTITUTIONAL PROVISIONS FOR THE ESTABLISHMENT OF CERTAIN EXECUTIVE AND JUDICIAL SALARIES BY LAW.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:
"A. The "public officer salary commission" is established as a state agency under the direction of seven commissioners, who shall be appointed with due regard to geographic diversity, no more than four of whom may be members of the same political party, and shall not have changed their party affiliation within two years of appointment. Terms and qualifications of members shall be as provided by law.
B. The governor shall appoint two commissioners who are not from the same political party. The chief justice of the supreme court shall appoint two commissioners who are not from the same political party. One commissioner each shall be appointed by the president pro tempore of the senate and the speaker of the house of representatives, all as certified by the chief clerks of the respective chambers. One commissioner shall be appointed by the six commissioners appointed by the governor, the chief justice of the supreme court, the president pro tempore of the senate and the speaker of the house of representatives. No member of the commission shall be a:
(1) current state officer;
(2) current employee of state government;
(3) current or former lobbyist registered pursuant to New Mexico law; or
(4) spouse, domestic partner, parent, child or sibling, by consanguinity or affinity, of a person identified in Paragraphs (1) through (3) of this subsection.
C. The public officer salary commission shall establish and limit salaries for:
(1) the governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor and commissioner of public lands;
(2) justices of the supreme court, judges of the court of appeals, district court judges and magistrates;
(3) legislators;
(4) district attorneys; and
(5) other public officers as provided by law.
D. The public officer salary commission shall establish and limit salaries to take effect for the first full pay period in July 2024 and each full pay period through June 2026. For each biennium thereafter, the commission shall establish and limit salaries for the pay periods within the biennium. The commission shall take into account any other compensation, perquisite, allowance or reimbursement provided to persons identified in Subsection C of this section by the state of New Mexico. The commission shall provide public notice of the salaries it establishes or limits no later than December 1 of the year preceding the effective date of the establishment of or change to a salary.
E. The commission may establish and limit any compensation, perquisite, allowance or reimbursement other than salary for the persons provided for in Subsection C of this section."
SECTION 2. It is proposed to amend Article 6, Section 24 of the constitution of New Mexico to read:
"There shall be a district attorney for each judicial district, who shall be learned in the law, and who shall have been a resident of New Mexico for three years next prior to [his] election, shall be the law officer of the state and of the counties within [his] the district attorney's district, shall be elected for a term of four years and shall perform such duties [and receive such salary] as may be prescribed by law.
The legislature shall have the power to provide for the election of additional district attorneys in any judicial district and to designate the counties therein for which the district attorneys shall serve; but no district attorney shall be elected for any district of which [he] the district attorney is not a resident."
SECTION 3. It is proposed to amend Article 6, Section 26 of the constitution of New Mexico to read:
"The legislature shall establish a magistrate court to exercise limited original jurisdiction as may be provided by law. The magistrate court shall be composed of such districts and elective magistrates as may be provided by law. Magistrates shall be qualified electors of, and reside in, their respective districts, and the legislature shall prescribe other qualifications. [Magistrates shall receive compensation as may be provided by law, which compensation shall not be diminished during their term of office.] Metropolitan court judges shall be chosen as provided in this constitution."
SECTION 4. It is proposed to amend Article 6, Section 28 of the constitution of New Mexico to read:
"The court of appeals shall consist of not less than seven judges, who shall be chosen as provided in this constitution, whose qualifications shall be the same as those of justices of the supreme court [and whose compensation shall be as provided by law. The increased qualifications provided by this 1988 amendment shall not apply to court of appeals judges serving at the time this amendment passes or elected at the general election in 1988].
Three judges of the court of appeals shall constitute a quorum for the transaction of business, and a majority of those participating must concur in any judgment of the court.
When necessary, the chief justice of the supreme court may designate any justice of the supreme court, or any district judge of the state, to act as a judge of the court of appeals, and the chief justice may designate any judge of the court of appeals to hold court in any district, or to act as a justice of the supreme court."
SECTION 5. It is proposed to amend the constitution of New Mexico by repealing:
A. Article 4, Section 10;
B. Article 5, Section 12;
C. Article 6, Section 11; and
D. Article 6, Section 17.
SECTION 6. 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 and if so approved, the provisions of:
A. Section 1 of this resolution shall take effect on January 1, 2023; and
B. Sections 2 through 5 of this resolution shall take effect on July 1, 2024.
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