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F I S C A L I M P A C T R E P O R T

SPONSOR Payne

DATE TYPED 2/8/05

HJR 3

SHORT TITLE

Law and Amendment Initiative Process, Constitu-

tional Amendment

SB

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the Constitution of New Mexico

Duplicates HJR 7

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General

SUMMARY

Synopsis of Joint Resolution

House Joint Resolution 3 proposes to amend Article IV of the Constitution of New Mexico,

which currently allows for referendum on legislation, or citizen disapproval of a law, with provi-

sions allowing the people of New Mexico the power of initiative to amend the Constitution and

Laws of New Mexico. The Joint Memorial defines initiative as the power of the people to pro-

pose statues and amendment to the Constitution of New Mexico and to also adopt of reject them.

The initiative process as proposed in this Joint Memorial is defined as follows:

•

If eight percent of the voters sign a petition for a constitutional change, then it

shall be placed on the ballot at the next general or special statewide election.

•

If five percent of the voters sign a petition for a statutory change, then it shall be

submitted to Legislature for its consideration. The Legislature may enact the pro-

posal. If the Legislature rejects it, then the proposal shall be placed on the ballot

at the next general or special statewide election. If the Legislature amends it, then

House Joint Resolution 3 -- Page 2

the proposal and the Legislature’s proposal shall both be placed on the ballot at

the next general or special statewide election.

•

If the voters approve a statutory change, then the Legislature cannot repeal it

unless there is 2/3 vote.

•

If two conflicting initiatives are approved during the same election, the one with

the greatest number of votes shall take effect.

•

If the voters reject a constitutional or statutory change, then it cannot be placed

onto the ballot until a minimum of two years has elapsed.

•

It is a felony to sign a petition when the person is not a qualified elector, to sign

twice, or to sign for another.

•

A statutory initiative cannot create a public debt or provide for a local or special

law.

•

A constitutional or statutory initiative cannot logroll two subjects together.

Significant Issues

According to the Attorney General’s staff analysis:

•

The Legislature has plenary power to make laws unless it is limited by the state

Constitution. This proposal is such a limitation.

•

The other states that have an INITIATIVE process require anywhere from 3-15%

of the voters to sign the petition. The proposal is within this range.

•

The referendum process in Article IV, Section 1 requires at least ten percent.

•

Colorado requires proposed initiatives to be submitted to its Legislative Council

Service to make sure the citizenry does not become confused over the wording of

the proposal and this joint resolution does not include such language.

FISCAL IMPLICATIONS

House Joint Resolution 3 specifies that no statutory initiative shall create a public debt or provide

for local or special laws. The costs to enforce the felony provision and costs to the judicial

branch to prosecute felons cannot be determined. Depending on the number of initiatives to be

placed on the ballot, Secretary of State may incur additional costs over and above current ex-

penses.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Duplicates HJR 7

DXM/rs