0001|                   SENATE JOINT RESOLUTION 11
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                          DUNCAN SCOTT
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                       A JOINT RESOLUTION
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0012|     PROPOSING AN AMENDMENT TO ARTICLE 10, SECTION 6 OF THE
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0013|     CONSTITUTION OF NEW MEXICO TO PROVIDE MUNICIPALITIES WITH
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0014|     EXPRESS AUTHORITY TO ENACT TERM LIMITS LAWS FOR ELECTED
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0015|     MUNICIPAL OFFICERS.
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0016|     
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0017|     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|       Section 1.  It is proposed to amend Article 10, Section 6
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0019|     of the constitution of New Mexico to read:
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0020|            "A.  For the purpose of electing some or all of the
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0021|     members of the governing body of a municipality: 
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0022|                 (1)  the legislature may authorize a
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0023|     municipality by general law to be districted; 
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0024|                 (2)  if districts have not been established as
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0025|     authorized by law, the governing body of a municipality may, by
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0001|     resolution, authorize the districting of the municipality.  The
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0002|     resolution shall not become effective in the municipality until
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0003|     approved by a majority vote in the municipality; and 
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0004|                 (3)  if districts have not been established as
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0005|     authorized by law or by resolution, the voters of a
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0006|     municipality, by a petition which is signed by not less than
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0007|     five percent of the registered qualified electors of the
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0008|     municipality and which specified the number of members of the
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0009|     governing body to be elected from districts, may require the
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0010|     governing body to submit to the registered qualified electors of
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0011|     the municipality, at the next regular municipal election held
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0012|     not less than sixty days after the petition is filed, a
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0013|     resolution requiring the districting of the municipality by its
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0014|     governing body.  The resolution shall not become effective in
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0015|     the municipality until approved by a majority vote in the
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0016|     municipality.  The signatures for a petition shall be collected
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0017|     within a <s>[six-months]</s> <u>six-month</u> period. 
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0018|            B.  Any member of the governing body of a
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0019|     municipality representing a district shall be a resident of, and
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0020|     elected by, the registered qualified electors of that district. 
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0021|            C.  The registered qualified electors of a
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0022|     municipality may adopt, amend or repeal a charter in the manner
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0023|     provided by law.  In the absence of law, the governing body of a
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0024|     municipality may appoint a charter commission upon its own
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0025|     initiative or shall appoint a charter commission upon the filing
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0001|     of a petition containing the signatures of at least five percent
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0002|     of the registered qualified electors of the municipality. The
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0003|     charter commission shall consist of not less than seven members
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0004|     who shall draft a proposed charter.  The proposed charter shall
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0005|     be submitted to the registered qualified electors of the
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0006|     municipality within one year after the appointment of the
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0007|     charter commission.  If the charter is approved by a majority
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0008|     vote in the municipality, it shall become effective at the time
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0009|     and in the manner provided in the charter. 
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0010|            D.  A municipality which adopts a charter may
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0011|     exercise all legislative powers and perform all functions not
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0012|     expressly denied by general law or charter.  This grant of
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0013|     powers shall not include the power to enact private or civil
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0014|     laws governing civil relationships except as incident to the
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0015|     exercise of an independent municipal power, nor shall it include
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0016|     the power to provide for a penalty greater than the penalty
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0017|     provided for a petty misdemeanor.  No tax imposed by the
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0018|     governing body of a charter municipality, except a tax
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0019|     authorized by general law, shall become effective until approved
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0020|     by a majority vote in the charter municipality. 
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0021|            E.  The purpose of this section is to provide for
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0022|     maximum local self-government.  A liberal construction shall be
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0023|     given to the powers of municipalities, <u>including the power to
</u>    |

<u></u>0024| <u>    enact term limits laws for elected municipal officers</u>."
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0025|       Section 2.  The amendment proposed by this resolution shall
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0001|     be submitted to the people for their approval or rejection at
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0002|     the next general election or at any special election prior to
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0003|     that date which may be called for that purpose.
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0004|                              
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