The senate, in exercising its advice and consent responsibilities over gubernatorial appointments, may by resolution designate the members of an appropriate standing committee to operate as an interim committee during the interim between legislative sessions for the purpose of conducting hearings and taking testimony on the confirmation or rejection of gubernatorial appointments. Recommendations of the committee shall be submitted to the senate for action at the next succeeding legislative session. Members of such committee shall be paid per diem and mileage for attendance at such hearings at the same rates as legislators are paid for attendance at joint legislative interim committee meetings. The governor shall submit all appointments requiring senate confirmation to such committee within thirty days after the date of appointment. (As added November 4, 1986.)

ANNOTATIONS

The 1986 amendment, which was proposed by S.J.R. No. 1 (Laws 1986) and adopted at the general election held on November 4, 1986, by a vote of 161,322 for and 103,134 against added new Section 42 to Article IV.

Compiler's notes. — An amendment to this article proposed by H.J.R. No. 15, § 1 (Laws 1965), which would have added a new Section 42, providing for the appointment of a legislative auditor, was submitted to the people at the special election held on September 28, 1965. It was defeated by a vote of 21,144 for and 29,162 against.

An amendment to this article proposed by S.J.R. No. 1, § 1 (Laws 1965), which would have added a new section, providing for the weighing of legislative votes for the purpose of securing to the people of New Mexico equal protection of the laws, was submitted to the people at the special election held on September 28, 1965. It was defeated by a vote of 16,299 for and 34,568 against.

Cross references. — For governor's appointive and removal power, including interim appointees, see N.M. Const., art. V, § 5.

For oath of officer, see N.M. Const., art. XX, § 1.

For holding office until successor qualified, see N.M. Const., art. XX, § 2.

For interim appointments when senate not in session, see N.M. Const., art. XX, § 5.

Recess appointment of regent. — The failure of the legislature to act upon the governor's nomination of a person to the board of regents of an educational institution operates neither as "constructive consent" to, nor as rejection of, the nomination. A regent appointed by recess appointment may be replaced through a new gubernatorial nomination made during the next session of the legislature. 1991 Op. Att'y Gen. No. 91-04.

A nominee to the board of regents of an educational institution who is neither confirmed nor rejected by the senate cannot serve as regent unless, following adjournment of both houses of the legislature, the governor makes a recess appointment of the person, in which case, that person may serve as a full-fledged regent until the next session of the legislature. As either a de jure or de facto officer, the regent's actions are valid as to the public. The governor is not obliged to re-submit the former nominee to the next session of the legislature and may make a new nomination. The new nominee may assume the duties as regent, either upon approval by the senate or by a recess appointment by the governor if the senate fails to take any action. 1991 Op. Att'y Gen. No. 91-04.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Governor §§ 5 to 7; 63A Am. Jur. 2d Public Officers and Employees §§ 117, 119, 120.

67 C.J.S. Officers and Public Employees § 42; 81A C.J.S. States §§ 55, 84.