Article XI, New Mexico Constitution

New Mexico Constitution
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Article XI of the New Mexico Constitution is entitled Corporations Other Than Municipal and consists of 18 sections, the majority having been repealed.

Section 1

Text of Section 1: Creation and composition of public regulation commission A. The "public regulation commission" is created. Until January 1, 2023, 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 after serving two terms, members shall be ineligible to hold office as a commission member until one full term has intervened; and provided further that commission members elected for terms beginning January 1, 2021 shall hold office for two years. B. Beginning January 1, 2023, the commission shall consist of three members. The governor shall nominate members from a list of qualified nominees submitted to the governor by the public regulation commission nominating committee, as provided by law, and by and with the consent of the senate shall appoint members to fill positions and vacancies on the commission; provided that no more than two commissioners shall be members of the same political party. Members so appointed shall serve six-year staggered terms; provided that, after serving two consecutive six-year terms, members shall be ineligible to hold office as commissioner until one full term has intervened. A person appointed to fill a vacancy on the commission shall serve for the remainder of the unexpired term. C. A six-year term for a commission position shall begin on January 1 of the year following the expiration of the prior term for that position; provided that in January 2023, one member shall be appointed for an initial term of two years, one member for an initial term of four years and one member for a six-year term. D. The legislature shall provide, by law, for professional qualifications and continuing education requirements for commissioners and for the creation of and procedures for the public regulation commission nominating committee. E. A commission member may be removed 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, after a hearing before the supreme court pursuant to court rules. The supreme court's jurisdiction over the hearing is exclusive, and its decision on the removal is final.

Amendments

• Added on November 5, 1996.
• Amended on November 6, 2012.
• Amended on November 3, 2020.

Section 2

Text of Section 2: Responsibilities of Public Regulation Commission The public regulation commission shall have responsibility for regulating public utilities, including electric, natural gas and water companies; transportation companies, including common and contract carriers; transmission and pipeline companies, including telephone, telegraph and information transmission companies; insurance companies and others engaged in risk assumption; and other public service companies in such manner as the legislature shall provide. The public regulation commission shall have responsibility for regulating insurance companies and others engaged in risk assumption as provided by law until July 1, 2013.

Section 3-12

	Text of Section 3-12: Repealed.

Section 13

Text of Section 13: General Corporation Laws The legislature shall provide for the organization of corporations by general law. All laws relating to corporations may be altered, amended or repealed by the legislature, at any time, when necessary for the public good and general welfare, and all corporations, doing business in this state, may, as to such business, be regulated, limited or restrained by laws not in conflict with the constitution of the United States or of this constitution.

Section 14

	Text of Section 13: Corporations Subject to Police Power The police power of this state is supreme over all corporations as well as individuals.

Section 15-17

	Text of Section 15-17: Repealed.

Section 18

	Text of Section 18: Eminent Domain of Corporate Property The right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking the property and franchises of incorporated companies and subjecting them to the public use, the same as the property of individuals.

Section 19

	Text of Section 19: Chartering corporations The secretary of state shall have responsibility for chartering corporations in such a manner as the legislature shall provide.

Amendments

• Added on November 6, 2012.

Section 20

Text of Section 20: Creation of office of superintendent of insurance A. The office of "superintendent of insurance" is created as of July 1, 2013. The superintendent of insurance shall regulate insurance companies and others engaged in risk assumption in such manner as provided by law. The superintendent of insurance shall be appointed by the insurance nominating committee and serve for such terms as may be provided by law; provided that the term of the first superintendent of insurance appointed pursuant to this 2012 amendment shall begin on July 1, 2013 and end on December 31, 2015. B. The insurance nominating committee shall be appointed and have such qualifications as may be provided by law. The insurance nominating committee shall evaluate applications for superintendent of insurance in accordance with qualifications for superintendent of insurance established by law.

Amendments

• Added on November 6, 2012.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• New Mexico SOS, "New Mexico Constitution"
• FindLaw, "New Mexico Constitution (dead link)

Additional reading

• Smith, Charles E. (2011). The New Mexico State Constitution, New York, New York: Oxford University Press