0001|                      HOUSE JOINT RESOLUTION 17
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                              FRANK BIRD
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                          A JOINT RESOLUTION
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0011|     PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO AUTHORIZE
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0012|     AN INITIATIVE PROCESS FOR STATE LAWS OR CONSTITUTIONAL
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0013|     AMENDMENTS.
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0014|     
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0015|     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  It is proposed to amend Article 4 of the
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0017|     constitution of New Mexico by adding a new Section 43 to read:
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0018|               "A.  The people reserve the power of initiative to
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0019|     amend the constitution and laws of New Mexico.
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0020|               B.  The initiative is the power of the people to
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0021|     propose amendments to the constitution and laws of New Mexico
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0022|     and to adopt or reject them.  A constitutional amendment
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0023|     proposed by initiative shall require a petition signed by a
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0024|     number of qualified voters equaling not less than eight
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0025|     percent of the votes cast for all candidates for governor at
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<center>- 1 -</center>

0001|     the last gubernatorial election, and a statutory amendment
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0002|     proposed by initiative shall require a petition signed by a
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0003|     number of qualified voters equaling not less than five percent
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0004|     of the votes cast for all candidates for governor at the last
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0005|     gubernatorial election.  
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0006|               C.  A petition for a statutory amendment, filed
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0007|     with the secretary of state not less than ninety days before a
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0008|     regular, special or extraordinary session of the legislature,
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0009|     shall be submitted by the secretary of state to the
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0010|     legislature for its consideration at the session.  If the
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0011|     initiative is enacted into law by the legislature, then the
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0012|     law is effective upon signature by the governor, unless the
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0013|     initiative provides for a later effective date.  If the
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0014|     initiative, as proposed, is not enacted into law, then it
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0015|     shall be placed on the ballot pursuant to Subsection D of this
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0016|     section.  If the proposed initiative is amended and enacted
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0017|     into law, then neither the proposed initiative nor the enacted
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0018|     law shall be effective and both shall be placed on the ballot
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0019|     pursuant to Subsection D of this section.
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0020|               D.  The question of whether to approve or reject a
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0021|     petition for a constitutional amendment shall be submitted to
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0022|     the voters by the secretary of state at the next general or
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0023|     special statewide election called for that purpose occurring
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0024|     not less than four months after the initial petition is filed
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0025|     with the secretary of state.  The question of whether to
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<center>- 2 -</center>

0001|     approve or reject a statutory initiative required to be placed
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0002|     on the ballot pursuant to Subsection C of this section shall
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0003|     be submitted to the voters by the secretary of state at the
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0004|     next general or special statewide election called for that
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0005|     purpose occurring after the end of the legislative session
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0006|     during which the initiative was considered.  An initiative
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0007|     approved by a majority of voters voting on the question shall
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0008|     take effect the day after certification of the election
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0009|     results by the state canvassing board, unless the amendment
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0010|     provides for a later effective date; provided that if
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0011|     provisions of two or more initiatives approved at the same
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0012|     election conflict, those of the initiative receiving the
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0013|     highest number of votes shall take effect.
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0014|               E.  No initiative shall direct appropriations,
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0015|     create a public debt, provide for local or special laws or
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0016|     embrace more than one subject.
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0017|               F.  A statutory initiative that has been approved
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0018|     by the voters may only be amended or repealed by subsequent
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0019|     action of the legislature with a two-thirds' vote of the
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0020|     members elected to each house.
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0021|               G.  An initiative for a constitutional or statutory
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0022|     amendment that has been rejected by the voters shall not be
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0023|     placed on a ballot again pursuant to this section until a
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0024|     minimum of two years has elapsed.
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0025|               H.  It is a felony for any person to sign any
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<center>- 3 -</center>

0001|     petition with any name other than his own, or to sign his name
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0002|     more than once for the same measure, or to sign a petition
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0003|     when he is not a qualified elector.
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0004|               I.  The legislature shall enact laws necessary for
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0005|     the effective exercise of the power hereby reserved."
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0006|          Section 2.  The amendment proposed by this resolution
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0007|     shall be submitted to the people for their approval or
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0008|     rejection at the next general election or at any special
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0009|     election prior to that date which may be called for that
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0010|     purpose.
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0011|                              
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