SENATE BILL 272

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Cliff R. Pirtle

 

 

 

 

 

AN ACT

RELATING TO TIME; ENACTING THE INTERSTATE-INTERJURISDICTION MOUNTAIN TIME ZONE PERMANENT DAYLIGHT SAVING TIME COMPACT; DESIGNATING THE SECRETARY OF TRANSPORTATION AS THE OFFICIAL OF NOTICE FOR PURPOSES OF THE COMPACT; PROVIDING FOR A CONTINGENT DELAYED REPEAL.

 

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

     SECTION 1. A new section of Chapter 11 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INTERSTATE-INTERJURISDICTION MOUNTAIN TIME ZONE PERMANENT DAYLIGHT SAVING TIME COMPACT--ENTERED INTO.--The "Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact" is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

INTERSTATE-INTERJURISDICTION MOUNTAIN TIME ZONE PERMANENT DAYLIGHT SAVING TIME COMPACT

ARTICLE 1

PURPOSE

     The purpose of the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact is to ensure that the communities within the mountain time zone realize the continued benefit of having a common time within the mountain time zone's geographic and economic region and to provide for the simultaneous adoption of year-round daylight saving time within the region.

ARTICLE 2

DEFINITIONS

     As used in the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact:

          A. "compact" means the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact;

          B. "compact member" means a state or a Native American Indian nation, tribe or pueblo that manages time within its jurisdiction separately from the state or states in which it is located that has enacted the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact;

          C. "coordinated universal time" means the time scale maintained through the international general conference on weights and measures and interpreted or modified for the United States by the United States secretary of commerce in coordination with the United States secretary of the navy pursuant to the Treaty of Metre effected into federal law on January 1, 1876;

          D. "interstate-interjurisdiction commission" means the interstate-interjurisdiction mountain time zone permanent daylight saving time commission that is created under Article 5 of the compact;

          E. "mountain daylight saving time" means coordinated universal time minus six hours;

          F. "mountain time zone" means the geographic area established as the "fourth zone" pursuant to federal law with a standard time of coordinated universal time minus seven hours;

          G. "official of notice" means an official who has been designated by a compact member to transmit and receive notifications from other compact members for purposes of informing states or Native American Indian nations, tribes or pueblos that manage time within their jurisdictions separately from the state or states in which they are located about joining or withdrawing from the compact, proposals to amend the geographic scope of the compact or for other compact-related notifications; and

          H. "state" means a state or territory of the United States.

ARTICLE 3

EFFECT AND SCOPE

     Upon the effective date of the compact, mountain daylight saving time shall be the official time observed year-round by each compact member and in every political subdivision within the mountain time zone of a compact member.

ARTICLE 4

COMPACT MEMBERS, EFFECTIVE DATE AND NOTICE

          A. Any state or Native American Indian nation, tribe or pueblo that manages time within its jurisdiction separately from the state or states in which it is located with geographic boundaries within, or partially within, the mountain time zone is eligible to become a compact member.

          B. The compact shall become effective and binding upon legislative enactment of the compact into law prior to July 1, 2022 by all of the states whose geographic boundaries are completely within the mountain time zone.

          C. Each compact member shall designate in its statute enacting the compact an official who shall be the official of notice for that compact member.

          D. Within ten days of enactment or repeal of the compact into law, the official of notice of a compact member shall send a written notice of the enactment to the officials of notice of the other compact members, to the highest executive official of each state or Native American Indian nation, tribe or pueblo that manages time within its jurisdiction separately from the state or states in which it is located within or partially within the mountain time zone that is not a member of the compact and to the United States secretary of transportation.

ARTICLE 5

INTERSTATE-INTERJURISDICTION MOUNTAIN TIME ZONE PERMANENT DAYLIGHT SAVING TIME COMMISSION

     The compact members hereby create the "interstate-interjurisdiction mountain time zone permanent daylight saving time commission". The interstate-interjurisdiction commission consists of the officials of notice for each compact member. The interstate-interjurisdiction commission shall:

          A. consist of one voting representative from each compact member who shall be that compact member's compact commissioner; provided that:

                (1) each compact member represented at a meeting of the interstate-interjurisdiction commission is entitled to one vote;

                (2) a majority of the total compact members shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate-interjurisdiction commission;

                (3) a representative shall not delegate a vote to another compact member, and in the event that a compact commissioner is unable to attend a meeting of the interstate-interjurisdiction commission, the highest executive official of the respective compact member may delegate voting authority to another person from the compact member for a specified meeting; and

                (4) the interstate-interjurisdiction commission's bylaws may provide for meetings of the interstate-interjurisdiction commission to be conducted by telecommunication or electronic communication;

          B. meet at least once within one year of the date the compact becomes effective to establish its bylaws, rules and officers; provided that the interstate-interjurisdiction commission chair may call additional meetings for this purpose upon the request of a compact member;

          C. upon adoption of its bylaws and rules and the selection of its officers, meet only as required to select new officers according to its bylaws or to review a proposal by a compact member to amend the compact;

          D. establish bylaws and rules that provide for conditions and procedures under which the interstate-interjurisdiction commission shall make its information and official records available to the public for inspection or copying. The interstate-interjurisdiction commission may exempt from disclosure information or official records to the extent that they would adversely affect personal privacy rights, proprietary interests or other information designated as privileged under state, tribal or federal law;

          E. give public notice of all meetings, which meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact. The interstate-interjurisdiction commission and its committees may close a meeting, or a portion of a meeting, if it determines by a two-thirds' vote that an open meeting would be likely to:

                (1) disclose matters specifically exempted from disclosure by federal, state or tribal law;

                (2) disclose trade secrets or commercial or financial information that is privileged or confidential; or

                (3) specifically relate to the interstate-interjurisdiction commission's participation in a civil action or other legal proceeding;

          F. cause its legal counsel or designee to certify that a meeting may be closed and reference each relevant exemptible provision for any meeting, or portion of a meeting, that is closed pursuant to Subsection E of this section; and

          G. keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate-interjurisdiction commission.

ARTICLE 6

AMENDMENT, WITHDRAWAL AND DISSOLUTION

          A. Once effective, the compact shall continue in force and remain binding upon each compact member; provided that a compact member may withdraw from the compact by specifically repealing the statute that enacted the compact into law.

          B. A compact member may propose an amendment to the compact at any time. The official of notice of the compact member shall submit the proposed amendment in writing to the chair of the interstate-interjurisdiction commission and to the office of notice for each of the compact members.

          C. The interstate-interjurisdiction commission shall meet to review a compact member's proposal to amend the compact within sixty days of the receipt of the proposal by the interstate-interjurisdiction commission's chair. The interstate-interjurisdiction commission shall issue a report with its recommendations regarding the proposal to the highest executive official of each compact member within one hundred twenty days of its initial meeting to review a given amendment proposal.

          D. No amendment shall become effective and binding upon the compact members unless and until it is enacted into law by unanimous consent of the compact members.

          E. The official of notice for a compact member shall immediately notify the chair of the interstate-interjurisdiction commission in writing upon the introduction of legislation repealing the compact in the withdrawing compact member. The chair of the interstate-interjurisdiction commission shall notify the officials of notice of the other compact members of the withdrawing compact member's intent to withdraw within thirty days of receiving the notice.

          F. The withdrawing compact member is responsible for all assessments, obligations and liabilities incurred on its behalf through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.

          G. Reinstatement following withdrawal of a compact member shall occur upon the withdrawing compact member reenacting the compact and its notification of the chair of the interstate-interjurisdiction commission.

          H. The compact shall dissolve effective upon the date of the withdrawal of the compact member that reduces the membership in the compact to one compact member.

          I. Upon the dissolution of the compact, the compact shall become null and void and shall be of no further force or effect and the business and affairs of the interstate-interjurisdiction commission shall be concluded and surplus funds of the interstate-interjurisdiction commission shall be distributed in accordance with the bylaws of the interstate-interjurisdiction commission.

ARTICLE 7

BINDING EFFECT OF COMPACT AND OTHER LAWS

          A. Nothing in the compact prevents the enforcement of any other law of a compact member.

          B. All lawful actions of the interstate-interjurisdiction commission, including all rules and bylaws promulgated by the interstate-interjurisdiction commission, are binding upon the compact members.

          C. All agreements between the interstate-interjurisdiction commission and the compact members are binding in accordance with their terms.

          D. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any compact member, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that compact member."

     SECTION 2. A new section of Chapter 11 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DESIGNATION OF OFFICE OF NOTICE--SECRETARY OF TRANSPORTATION--CONTINGENT DELAYED REPEAL.--

          A. The secretary of transportation is designated as the official of notice for the purposes of the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact.

          B. On or before August 1, 2020, the secretary of transportation shall send written notice to the highest executive official of each state or Native American Indian nation, tribe or pueblo that manages time within its jurisdiction separately from the state or states in which it is located within or partially within the mountain time zone and to the United States secretary of transportation of the enactment of the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact.

          C. Within thirty days of receiving notification of enactment of the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact from the officials of notice of all of the states completely within the mountain time zone, the secretary of transportation shall notify the executive director of the New Mexico compilation commission and the director of the legislative council service that the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact is in effect.

          D. On or before August 1, 2022, if the secretary of transportation has not received notification of enactment of the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact from the officials of notice of all of the states completely within the mountain time zone on or prior to July 1, 2022, the secretary of transportation shall notify the executive director of the New Mexico compilation commission and the director of the legislative council service that the Interstate-Interjurisdiction Mountain Time Zone Permanent Daylight Saving Time Compact is null and void and this 2020 act is repealed."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.

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