N.M. Const. art. XI, § 1
Compiler's notes. — The repeal of Sections 1 through 12 and 15 through 17 of Article XI, effective January 1, 1999, proposed by H.J.R. No. 16 (Laws 1996) was adopted at the general election held November 5, 1996, by a vote of 232,788 for and 221,693 against. At that general election, new Sections 1 and 2 were adopted within this article.
The 2020 amendment, which was proposed by SJC/SRC/S.J.R. Nos. 1 & 4 (Laws 2019) and adopted at a general election held on November 3, 2020 by a vote of 445,655 for and 355,471 against, provided that the public regulation commission shall continue to consist of five members until January 1, 2023, at which time, following the completion of certain commission members’ terms, the commission shall consist of three members, provided the appointment process for commission members, provided the length of terms and the limitation on terms for the three-member commission, and provided that commission members may be removed by impeachment for certain improper conduct committed while serving on the commission; in Subsection A, added "Until January 1, 2023" preceding "the commission shall consist of five members", after "provided that", deleted "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", and after intervened", added "and provided further that commission members elected for terms beginning January 1, 2021 shall hold office for two years."; added Subsections B and C in Subsection D, after "by law,", deleted "increased" and added "for professional", after "qualifications", deleted "for commissioners", and after "requirements for commissioners", deleted "The increased qualifications provided by this 2012 amendment shall apply to public regulation commissioners elected at the general election in 2014 and subsequent elections and to commissioners appointed to fill a vacancy at any time after July 1, 2013. No commissioner or candidate for the commission shall accept anything of value from a person or entity whose charges for services to the public are regulated by the commission." and added "and for the creation of and procedures for the public regulation commission nominating committee"; and added Subsection E.
The 2012 amendment, which was proposed by H.J.R. No. 11 (Laws 2012) and adopted at a general election held on November 6, 2012 by a vote of 542,928 for and 128,238 against, required the legislature to provide increased qualifications and continuing education requirements for public regulation commissioners that apply to commissioners elected at the general election in 2014 and subsequent elections and to commissioners appointed to fill a vacancies at any time after July 1, 2013; and added the third and fourth sentences.
In general. — The functions of the corporation commission (now public regulation commission) are not confined to any of the three departments of government named in N.M. Const., art. III, § 1, but its duties and powers pervade them all. In re Atchison, T. & S.F. Ry., 1933-NMSC-029, 37 N.M. 194, 20 P.2d 918.
Legislative intent. — Section 8-7-4A NMSA 1978 is constitutional and a safe guide to the legislative intent behind this section. Block v. Vigil-Giron, 2004-NMSC-003, 135 N.M. 24, 84 P.3d 72.
Language following "provided that" is read as an exception to the general rule that precedes it. Therefore, there is no right under the New Mexico constitution to serve two four-year terms before being subjected to term limits. Block v. Vigil-Giron, 2004-NMSC-003, 135 N.M. 24, 84 P.3d 72.
Word "term", as used in this section, includes both a full four-year term and a shortened two-year term. Block v. Vigil-Giron, 2004-NMSC-003, 135 N.M. 24, 84 P.3d 72.
Amendment not "act of legislature". — The 1996 amendment of N.M. Const., art. XI, was not an "act of the legislature" within the meaning of N.M. Const., art. IV, § 34. U.S. West Communications, Inc. v. New Mexico Pub. Regulation Comm'n, 1999-NMSC-024, 127 N.M. 375, 981 P.2d 789.
Impeachment is the sole method of removal for appointed public regulation commission members. — The fact that the 2020 amendment to N.M. Const., Art. XI, § 1(E), provides that a public regulation commission (PRC) member may be removed by impeachment for accepting anything of value from a person or entity whose charges for services to the public are regulated by the commission, malfeasance, misfeasance or neglect of duty, when N.M. Const., Art. IV, § 36 already provides that all state officers shall be liable to impeachment for crimes, misdemeanors and malfeasance in office and N.M. Const., Art. V, § 5 provides that the governor has the authority to remove all appointed officers, suggests that the drafters of Art. XI, § 1(E) intended to make removal by impeachment the sole method of removal for appointed PRC members, in contrast to the alternative method of removal provided in Art. IV, § 36 and also intended to supplant any authority the governor had to remove commission members. Governor’s Authority to Remove Public Regulation Commission Members (11/15/2022), Att'y Gen. Adv. Ltr. 2022-08.
Consecutive terms. — A public regulation commission commissioner elected to serve consecutive two-year and four-year terms may not run again for another four-year term until one full term has intervened. 2003 Op. Att'y Gen. No. 03-05.
Law reviews. — For comment on State ex rel. State Corp. Comm'n v. Zinn, 72 N.M. 29, 380 P.2d 182 (1963), see 3 Nat. Resources J. 356 (1963).
For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967).
For article, "An Administrative Procedure Act For New Mexico," see 8 Nat. Resources J. 114 (1968).
For student symposium, "Constitutional Revision - The Executive Branch - Long or Short Ballot?," see 9 Nat. Resources J. 430 (1969).
For article, "Cost of Service Indexing: An Analysis of New Mexico's Experiment in Public Utility Regulation," see 9 N.M. L. Rev. 287 (1979).
For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M. L. Rev. 1 (1981).
For article, "Survey of New Mexico Law, 1982-83: Administrative Law," see 14 N.M. L. Rev. 1 (1984).
For 1984-88 survey of New Mexico administrative law, 19 N.M. L. Rev. 575 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Corporations §§ 7 to 16.
Prohibition to control action of commission, 115 A.L.R. 34, 159 A.L.R. 627.