SENATE JOINT RESOLUTION 2

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Timothy M. Keller and Brian F. Egolf

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 11, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH THE TERMS AND QUALIFICATIONS OF AN APPOINTED PUBLIC REGULATION COMMISSION.

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

     SECTION 1. It is proposed to amend Article 11, Section 1 of the constitution of New Mexico to read:

          "A. The "public regulation commission" is created. The commission shall consist of five [members elected from districts provided by law for staggered four-year terms beginning on January 1 of the year following their election; provided that those chosen at the first general election after the adoption of this section shall immediately classify themselves by lot, so that two of them shall hold office for two years and three of them for four years; and further provided that after serving two terms, members shall be ineligible to hold office as a commission member until one full term has intervened] commissioners appointed by the governor for five-year staggered terms, except as provided in Subsection H of this section. The legislature shall provide by law for a nominating committee to evaluate applications of qualified individuals to serve on the commission and to make recommendations to the governor. The governor shall select an appointment from the list of names provided to the governor by the nominating committee. Commissioners shall be appointed from public regulation districts as provided by law.

          B. A person shall not be qualified to hold the office of public regulation commissioner unless that person has a baccalaureate or more advanced degree from a regionally accredited post-secondary educational institution or has at least five years of relevant professional experience as determined by law.

          C. After serving one full term, a commissioner shall be ineligible to hold the office of public regulation commissioner until one full term has intervened.

          D. If a position on the commission becomes vacant for any reason, the vacancy shall be filled by the nomination and appointment process described in Subsection A of this section. A commissioner filling a vacancy shall be appointed to serve the remainder of the unexpired term.

          E. Commissioners shall not be removed except for incompetence, neglect of duty or malfeasance in office.

          F. A prospective commissioner shall not have lobbied or otherwise represented any person or entity regulated by the public regulation commission for three years prior to submission of the prospective commissioner's application for the commission. A commissioner shall not lobby or otherwise represent any person or entity regulated by the public regulation commission for three years following the commissioner's leaving office.

          [No] G. A commissioner or [candidate for the commission] an individual who is being considered for nomination to the commission shall not accept anything of value from a person or entity whose charges for services to the public are regulated by the commission.

          H. The appointment process and increased qualifications provided by this 2012 amendment shall not apply to commissioners who were elected to their office in the general election of 2010 or 2012. Commissioners elected to their office in the general election of 2010 or 2012 will serve the remainder of the term for which they were elected."

     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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