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HJR 08: APPOINTMENT OF PRC MEMBERS, CA

A Joint Resolution Proposing To Amend Article 11 Of The Constitution Of New Mexico By Repealing Section 1 And Adding A New Section 1 To Provide For The Transition To A Five-member Full-time Public Regulation Commission That Is Appointed From The State At Large.

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MOD HJR 08
APPOINTMENT OF PRC MEMBERS, CA

Legislative URL:
HJR 08 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
HJC
Action:
HPREF [1] HGEIC/HJC-HGEIC [7] DNP-CS/DP-HJC (CS/HJR 8 & 18)
Hearing:
Thursday, February 11, 2016 - 1:30 P.M. - Room 309
Issue(s):

Companion Bills

Bills:
APPOINTMENT OF PRC MEMBERS

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HGEIC Committee Report
HGEIC Committee Substitute
Fiscal Impact Report

Related Events

Upcoming:
Summary

Both HJR 8 and HJR 18 propose to amend Article 11 of the Constitution of New Mexico by repealing Section 1 and adding a new Section 1 providing for a full-time Public Regulation Commission (PRC) of five members.

 

HJR 8 provides for five PRC members appointed by the governor with the advice and consent of the Senate.

 

The Public Regulation Commission Nominating Committee will include:

·       one attorney licensed to practice law in New Mexico;

·       one engineer registered in New Mexico;

·       one certified public accountant certified in New Mexico;

·       one person with at least five years of experience working in a regulated industry in New Mexico but not working in a regulated industry at the time of assuming office; and

·       one member of the public.

 

PRC members shall be residents of New Mexico. No more than three of the appointed members may be from the same political party at the time of their appointment. The legislature may provide by law for additional qualifications for members appointed to a full term on or after January 1, 2017, and shall provide for continuing education requirements for commission members.

 

HJR 18 provides for five PRC members appointed by the governor from a list of names provided by the Public Regulation Commission Nominating Committee. The commissioners holding office at the time of the adoption of this amendment will continue in office until the expiration of their terms.

 

The Public Regulation Commission Nominating Committee will include:

·       four individuals who are knowledgeable about the work of the PRC, appointed (one each) by the speaker of the House of Representatives, the minority leader of the House of Representatives, the president pro tempore of the Senate and the minority leader of the Senate; and

·       three retired district or appellate judges who have experience hearing complex civil cases or cases involving utility rate-setting or other PRC appeals, appointed by the chief justice of the Supreme Court.

The chief justice shall name one of the judges or justices to serve as chairperson of the nominating committee. PRC staff shall serve as staff for the nominating committee.

 

PRC members shall be residents of New Mexico, and the nominating committee and governor shall ensure, to the greatest extent practicable, that members represent the ethnic diversity of the state.
Commissioners will serve staggered four-year terms and, after serving for two four-year terms may not serve again until at least one full term has intervened. No more than three of the appointed members may be from the same political party. The legislature may provide by law for additional qualifications for members appointed to a full term on or after January 1, 2017, and shall provide for continuing education requirements for commission members.

 

The House Government, Elections and Indian Affairs Committee substitute for House Joint Resolutions 8 & 18 combines elements of HJR 8 and HJR 18. Like them, it proposes to amend Article 11 of the Constitution of New Mexico by repealing Section 1 and adding a new Section 1 providing for a full-time Public Regulation Commission (PRC) of five members.

 

The five PRC members will be appointed by the governor with the advice and consent of the Senate. The governor shall make each appointment from a list of three potential appointees submitted to the governor by the New Mexico legislative council. PRC members shall be residents of New Mexico. No more than three of the appointed members may be from the same political party.

 

Commissioners will serve staggered four-year terms and, after serving for two four-year terms may not serve again until at least one full term has intervened. No more than three of the appointed members may be from the same political party. The legislature may provide by law for additional qualifications for members appointed to a full term on or after January 1, 2017, and shall provide for continuing education requirements for commission members.

 

A potential benefit of this bill might be a more professional and more highly qualified group of commissioners appointed by the governor from a list of three potential appointees submitted to the governor by the New Mexico legislative council.