46th legislature - STATE OF NEW MEXICO - first session, 2003

PROPOSING AN AMENDMENT TO ARTICLE 11, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE PUBLIC REGULATION COMMISSIONERS TO BE APPOINTED BY THE GOVERNOR.

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

Section 1. It is proposed to amend Article 11, Section 1 of the constitution of New Mexico to read:

"A. The "public regulation commission" is created. The commission shall consist of five members [elected from districts provided by law for staggered four-year terms beginning on January 1 of the year following their election; provided that those chosen at the first general election after the adoption of this section shall immediately classify themselves by lot, so that two of them shall hold office for two years and three of them for four years; and further provided that] that serve for staggered four-year terms.

B. A member elected from a district shall serve the remainder of the term of the member. The governor shall appoint a member to replace an elected member at the date of expiration of the term of the elected member. The governor shall appoint a member to replace an appointed member at the date of expiration of the term of the appointed member. A member shall serve until the successor of the member is appointed and qualified.

C. After serving two terms, [members] a member shall be ineligible to hold office as a commission member until one full term has intervened. [No commissioner or candidate for the commission] A member shall not accept anything of value from a person or entity whose charges for services to the public are regulated by the commission."

Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at a special election prior to that date that may be called for that purpose.