HOUSE BILL 50th legislature - STATE OF NEW MEXICO - first special session, 2011 INTRODUCED BY DISCUSSION DRAFT AN ACT RELATING TO THE REDISTRICTING OF THE PUBLIC REGULATION COMMISSION; ESTABLISHING PUBLIC REGULATION COMMISSION DISTRICTS FOR THE ELECTION OF PUBLIC REGULATION COMMISSIONERS; PROVIDING FOR THE ELECTION AND APPOINTMENT OF PUBLIC REGULATION COMMISSIONERS; SETTING PRECINCTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 8-7-4 NMSA 1978 (being Laws 1997, Chapter 262, Section 4, as amended) is amended to read: "8-7-4. ELECTION--VACANCY.-- A. Members of the public regulation commission shall be elected for staggered four-year terms. [provided that commission members elected at the 1998 general election shall classify themselves by lot so that two commission members shall initially serve terms of two years and three commission members shall serve terms of four years. Thereafter, all] Commission members shall serve four-year terms; provided that, after serving two consecutive terms, a commission member shall be ineligible to hold office as a commission member until one full term has intervened. B. The governor shall by appointment fill vacancies on the public regulation commission. An appointment to fill a vacancy on the public regulation commission shall be for a term ending on December 31 after the next general election, at which election a person shall be elected to fill any remainder of the unexpired term. C. An appointment to fill a vacancy on the public regulation commission made before the general election of [2002] 2012 shall be made from the district as it was described in Laws [1997, Chapter 262, Sections 6 through 10] 2001 (1st S.S.), Chapter 3, Sections 3 through 7. After the general election of [2002] 2012, a vacancy shall be filled by appointment from the district set out in Sections 8-7-6 through 8-7-10 NMSA 1978." SECTION 2. Section 8-7-5 NMSA 1978 (being Laws 1997, Chapter 262, Section 5, as amended) is amended to read: "8-7-5. PRECINCTS.-- A. Designations and boundaries used in the Public Regulation Commission Apportionment Act are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved by the secretary of state as of August 31, [2001] 2011. B. A board of county commissioners shall not create any precinct that lies in more than one public regulation commission district and shall not divide any precinct so that the divided parts of the precinct are situated in two or more public regulation commission districts. Votes cast in a [statewide] public regulation commission election from precincts created or divided in violation of this subsection are invalid and shall not be counted or canvassed." SECTION 3. Section 8-7-6 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 3) is repealed and a new Section 8-7-6 NMSA 1978 is enacted to read: "8-7-6. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT ONE.--Public regulation commission district one is composed of Bernalillo county precincts 4, 5, 7 through 18, 20 through 28, 30, 39, 83, 107, 108, 110 through 112, 114, 119 through 121, 125, 131, 150 through 154, 161 through 166, 180 through 187, 191 through 197, 211, 212, 215, 216, 241 through 246, 251 through 258, 271 through 275, 278, 281 through 287, 289 through 302, 304 through 308, 311 through 318, 321 through 324, 326 through 333, 341 through 347, 351 through 358, 371 through 375, 381 through 387, 400 through 456, 461 through 466, 471 through 478, 480 through 500, 502 through 550, 560 through 566, 568, 569 and 601 through 603." SECTION 4. Section 8-7-7 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 4) is repealed and a new Section 8-7-7 NMSA 1978 is enacted to read: "8-7-7. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT TWO.--Public regulation commission district two is composed of Bernalillo county precincts 303, 551 through 559 and 570 through 573; Chaves county; Colfax county precincts 2 through 5, 7 and 10 through 22; Curry county; De Baca county; Dona Ana county precincts 6, 66, 75, 76 and 110; Eddy county; Guadalupe county; Harding county; Lea county; Lincoln county precincts 1, 3, 12 and 14 through 16; Mora county precincts 9 through 11; Otero county precincts 1 through 13, 19, 20, 22, 23, 26 through 28, 30 through 33, 35, 37 through 39 and 41; Quay county; Roosevelt county; San Miguel county; Santa Fe county precincts 15, 18, 19, 73, 84 and 85; Torrance county; and Union county." SECTION 5. Section 8-7-8 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 5) is repealed and a new Section 8-7-8 NMSA 1978 is enacted to read: "8-7-8. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT THREE.--Public regulation commission district three is composed of Bernalillo county precincts 1 through 3, 6, 19, 29, 57, 68 through 70, 78 through 82, 84 through 87, 89, 113, 115 through 118, 127 through 129, 134, 170, 171 and 567; Colfax county precinct 1; Los Alamos county; Mora county precincts 1 through 8; Rio Arriba county precincts 1 through 23, 28 and 31 through 42; Sandoval county precincts 1 through 6, 11 through 13, 28 through 76 and 80 through 86; Santa Fe county precincts 1 through 11, 13, 14, 16, 17, 20 through 71, 74 through 83 and 86 through 88; and Taos county." SECTION 6. Section 8-7-9 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 6) is repealed and a new Section 8-7-9 NMSA 1978 is enacted to read: "8-7-9. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT FOUR.--Public regulation commission district four is composed of Bernalillo county precincts 31 through 38, 40 through 56, 58 through 67, 71 through 77, 88, 90 through 99, 101 through 106, 109, 122 through 124, 132, 133, 135 through 144, 214, 217, 221 and 223 through 226; Cibola county; McKinley county; Rio Arriba county precincts 24 through 27, 29 and 30; San Juan county; Sandoval county precincts 7 through 10, 14 through 27, 78 and 79; Santa Fe county precincts 12 and 72; and Socorro county precincts 15 and 26." SECTION 7. Section 8-7-10 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 7) is repealed and a new Section 8-7-10 NMSA 1978 is enacted to read: "8-7-10. [NEW MATERIAL] PUBLIC REGULATION COMMISSION DISTRICT FIVE.--Public regulation commission district five is composed of Catron county; Dona Ana county precincts 1 through 5, 7 through 65, 67 through 74, 77 through 109 and 111 through 120; Grant county; Hidalgo county; Lincoln county precincts 2, 4 through 11, 13 and 17 through 21; Luna county; Otero county precincts 14 through 18, 21, 24, 25, 29, 34, 36 and 40; Sierra county; Socorro county precincts 1 through 14 and 16 through 25; and Valencia county." SECTION 8. Section 8-7-11 NMSA 1978 (being Laws 2001 (1st S.S.), Chapter 3, Section 8) is amended to read: "8-7-11. ELECTION OF PUBLIC REGULATION COMMISSIONERS.-- Commissioners for public regulation commission districts two, four and five shall be elected from the districts described in Sections 8-7-7, 8-7-9 and 8-7-10 NMSA 1978 at the [2002] 2014 and subsequent general elections. Commissioners for public regulation commission districts one and three shall be elected from the districts described in Sections 8-7-6 and 8-7-8 NMSA 1978 at the [2004] 2012 and subsequent general elections."