Difference between revisions of "Article XI, New Mexico Constitution"

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'''Creation and Composition of Public Regulation Commission'''
 
'''Creation and Composition of Public Regulation Commission'''
  
The "public regulation commission" is created. The
+
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, after serving two terms, members shall be ineligible to hold office as a commission member until one full term has intervened. The legislature shall provide, by law, increased qualifications for commissioners and continuing education requirements for commissioners. 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.<ref name="nm">[http://sos.state.nm.us/pdf/2007nmconst.pdf ''New Mexico SOS'', "New Mexico Constitution," accessed March 30, 2014]</ref>
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, after serving two terms, members shall be
+
ineligible to hold office as a commission member until one
+
full term has intervened. The legislature shall provide, by
+
law, increased qualifications for commissioners and continuing
+
education requirements for commissioners. 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.
+
 
|}
 
|}
 +
===Amendments===
 +
* Added on November 5, 1996.
 +
* Amended on November 6, 2012.
  
 
==Section 2==
 
==Section 2==
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commission shall have responsibility for regulating insurance
 
commission shall have responsibility for regulating insurance
 
companies and others engaged in risk assumption as provided by
 
companies and others engaged in risk assumption as provided by
law until July 1, 2013.
+
law until July 1, 2013.<ref name="nm"/>
 
 
 
|}
 
|}
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| '''Text of Section 3-12:'''
 
| '''Text of Section 3-12:'''
  
Repealed.
+
''Repealed.''<ref name="nm"/>
 
 
 
|}
 
|}
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'''General Corporation Laws'''
 
'''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.  
+
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.<ref name="nm"/>
 
 
 
|}
 
|}
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'''Corporations Subject to Police Power'''
 
'''Corporations Subject to Police Power'''
  
The police power of this state is supreme over all corporations as well as individuals.   
+
The police power of this state is supreme over all corporations as well as individuals.<ref name="nm"/>    
 
 
 
|}
 
|}
Line 102: Line 86:
 
| '''Text of Section 15-17:'''
 
| '''Text of Section 15-17:'''
  
Repealed.
+
''Repealed.''<ref name="nm"/>
 
 
 
|}
 
|}
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'''Eminent Domain of Corporate Property'''
 
'''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.   
+
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.<ref name="nm"/>    
  
 
|}
 
|}
 +
 +
==Section 19==
 +
 +
{| style="width:60%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
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|color:#000"|
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|-
 +
|
 +
| '''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.<ref name="nm"/> 
 +
 +
|}
 +
===Amendments===
 +
* Added on November 6, 2012.
 +
 +
==Section 20==
 +
 +
{| style="width:60%; background:#F2F2F2; margin-top:.1em; border:.5px solid #cccccc; solid;"
 +
|color:#000"|
 +
|-
 +
|
 +
| '''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.<ref name="nm"/> 
 +
 +
|}
 +
===Amendments===
 +
* Added on November 6, 2012.
 
 
 +
==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|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==
 
==External links==
* [http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm New Mexico Constitution]
+
{{submit a link}}
 +
* [http://sos.state.nm.us/pdf/2007nmconst.pdf ''New Mexico SOS'', "New Mexico Constitution"]
 +
 
 +
==Additional reading==
 +
*[http://global.oup.com/academic/product/the-new-mexico-state-constitution-9780199779154?cc=us&lang=en& Smith, Charles E. (2011). ''The New Mexico State Constitution'', New York, New York: Oxford University Press]
  
==Navigation==
+
==References==
 +
{{reflist}}
 
{{New Mexico Constitution}}
 
{{New Mexico Constitution}}
 +
{{State constitutions}}
 +
{{New Mexico}}

Revision as of 11:51, 24 April 2014

New Mexico Constitution
Flag of New Mexico.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIV
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

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, after serving two terms, members shall be ineligible to hold office as a commission member until one full term has intervened. The legislature shall provide, by law, increased qualifications for commissioners and continuing education requirements for commissioners. 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.[1]

Amendments

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

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.[1]

Section 3-12

Text of Section 3-12:

Repealed.[1]

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.[1]

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.[1]

Section 15-17

Text of Section 15-17:

Repealed.[1]

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.[1]

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.[1]

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.[1]

Amendments

  • Added on November 6, 2012.

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References