SENATE BILL 408

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO ELECTIONS; CREATING A JOINT INTERIM LEGISLATIVE REDISTRICTING COMMITTEE; DECLARING AN EMERGENCY.

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

     SECTION 1. REDISTRICTING COMMITTEE CREATED--TERMINATION.--There is created a joint interim legislative committee, which shall be known as the "redistricting committee". The committee may function from the date of its appointment until January 13, 2012.

     SECTION 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--The redistricting committee shall be composed of sixteen members. Eight members of the house of representatives shall be appointed by the speaker of the house of representatives and eight members of the senate shall be appointed by the committees' committee of the senate, or, if the senate appointment is made in the interim, by the president pro tempore of the senate after consultation and agreement of a majority of the members of the committees' committee. Members shall be appointed from each house so as to give the two major political parties in each house the same proportional representation on the committee as prevails in each house; provided that in no event shall either of the parties have less than one member from each house on the committee. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments. One co-chair shall be selected by the speaker of the house of representatives and one co-chair by the committees' committee, or, if the senate appointment is made in the interim, by the president pro tempore of the senate after consultation and agreement of a majority of the members of the committees' committee. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.

     SECTION 3. DUTIES.--

          A. After appointment of its members, the redistricting committee shall hold one organizational meeting to develop a work plan and budget for its interim tasks. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the New Mexico legislative council, the committee shall:

                (1) examine the statutes, constitutional provisions, rules and court decisions governing redistricting in New Mexico;

                (2) use the guidelines for redistricting adopted by the New Mexico legislative council so that the procedures, criteria and standards for redistricting plans meet statutory and constitutional requirements;

                (3) conduct public hearings to provide a forum for public involvement in the redistricting process; and

                (4) recommend appropriate redistricting legislation to the fiftieth legislature.

          B. In developing redistricting plans for congressional and state districts, the committee shall use data from the 2010 decennial census.

     SECTION 4. SUBCOMMITTEES.--Subcommittees of the redistricting committee shall be created only by majority vote of all members appointed to the committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of such meeting or expenditure, and the approval shall be shown in the minutes of the committee.

     SECTION 5. REPORT.--The redistricting committee shall recommend proposed redistricting plans to a special session of the fiftieth legislature called for the purpose of redistricting congressional, legislative, public regulation commission and public education commission districts.

     SECTION 6. STAFF.--The legislative council service shall provide staff for the redistricting committee.

     SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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