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SENATE RESOLUTION 2
57
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2025
INTRODUCED BY
Katy M. Duhigg and James G. Townsend
A RESOLUTION
AMENDING THE SENATE RULES TO PROVIDE FOR THE DAILY POSTING
ONLINE OF A SHEET SHOWING BILLS PENDING BEFORE EACH STANDING
COMMITTEE; TO PROVIDE FOR THE DISTRIBUTION TO SENATORS COPIES
OF ALL LEGISLATION AND OTHER DOCUMENTS TO BE ACTED UPON; TO
ALLOW A SENATOR TO BE EXCUSED FROM A VOTE BEFORE THE VOTING
COMMENCES; TO ALLOW FOR A SENATOR TO SIT WHEN PRESENTING BUT
WHILE ANOTHER MEMBER IS RECOGNIZED; REGARDING CERTAIN BEHAVIORS
IN THE CHAMBER; TO REMOVE THE REQUIREMENT THAT WHEN A SENATOR
IS CALLED TO ORDER FOR WORDS SPOKEN, THE WORDS EXCEPTED BE
IMMEDIATELY TAKEN DOWN IN WRITING; TO ALLOW A SENATOR TO
SOLICIT PERSONAL CAMPAIGN CONTRIBUTIONS DURING A SESSION;
REGARDING BILLS ON THE CONSENT CALENDAR AND INSTANCES THAT SUCH
BILLS SHALL BE PLACED UPON THE REGULAR CALENDAR; REGARDING THE
COMMITTEES' COMMITTEE VICE CHAIR, MEETING REQUIREMENTS AND
APPOINTING OF SENATORS TO STANDING COMMITTEES; TO REMOVE THE
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REQUIREMENT THAT CHAIRS OF COMMITTEES BE APPOINTED BY REQUEST
OF THE SENIOR MEMBERS; TO REMOVE MENTIONS OF THE SENATE
STREAMING OVERSIGHT COMMITTEE; TO REMOVE THE RULE PROHIBITING A
MEMBER FROM RESIGNING FROM A STANDING COMMITTEE UNLESS THE
MEMBER HAS ARRANGED TO SERVE ON ANOTHER STANDING COMMITTEE;
REGARDING LIVE STREAMING; TO REMOVE THE REQUIREMENT THAT EACH
STANDING COMMITTEE HOLD MEETINGS TWICE EACH WEEK; TO ALLOW THE
RULES COMMITTEE TO SIT FOR THE PURPOSE OF CONSIDERING
CONFIRMATION; REGARDING PREFILING; REGARDING BILL INTRODUCTION
PROCEDURES AND REQUIREMENTS; REGARDING THE CALENDAR AND
PROCEDURES OF THIRD READING; TO REMOVE THE REQUIREMENT THAT
THERE BE SEATS AVAILABLE AT THE CHIEF CLERK'S ROSTRUM FOR THE
WRITING PRESS; TO REMOVE THE REQUIREMENT THAT MEMBERS NOT
INTRODUCE GUESTS OTHER THAN OFFICIALS; TO MODERNIZE LANGUAGE
AND MAKE CLARIFYING CHANGES.
WHEREAS, Senate Rule 24-1 provides that the rules of the
senate may be amended by a two-thirds' vote of all the members
of the senate or by a majority vote of the members of the
senate upon the recommendation of the senate rules committee;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE
OF NEW MEXICO that the provisions of this resolution become
effective on the first day after the conclusion of the first
session of the fifty-seventh legislature; and
BE IT FURTHER RESOLVED that Senate Rule 5-3 be amended to
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read:
"5-3 The chief clerk shall:
(a) attend every session, call the roll and
make a record of the senators present, absent or
excused as provided by rule;
(b) read or cause to be read all bills,
amendments, memorials, resolutions and papers
ordered to be read by the senate or the presiding
officer;
(c) prepare and furnish each member with a
copy of the daily calendar which shall include all
bills upon the general order, and all bills upon the
third reading and such other matters as may be
required by these rules;
(d) see that all bills and general or special
orders shall be acted upon by the senate in the
order in which they were reported or stand upon the
calendar, unless otherwise ordered by a majority
vote of those senators present;
(e) keep a correct journal of the proceedings
of the senate, recording in full the messages from
the governor other than the governor's annual
message to the joint session and recording in full
titles of bills, resolutions and memorials;
(f) superintend all copying and work to be
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done for the senate;
(g) notify the house of representatives of the
action by the senate on all matters originating in
the house and requiring action on the part of the
senate;
(h) during the session, present to the
governor and enter upon the journal those bills
which have originated in the senate and been passed
by both houses and, subject to the rules of the
senate, transmit to the house of representatives all
bills, joint resolutions and joint memorials which
have passed the senate; provided that before doing
so the chief clerk shall certify at the bottom
thereof the fact and date of passage and the vote by
which it passed;
(i) during the session, have control of the
rooms, passages and parts of the capitol set apart
for the use of the senate;
(j) assign, reassign or transfer all attaches
and employees of the senate to their respective
duties, with the exception of the sergeant at arms,
assistant sergeant at arms and doorkeepers;
(k) post online daily [on a bulletin board
provided for such purposes a sheet ] showing, by
number, the bills pending before each standing
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committee and, by Friday of each week, publish for
distribution to each member of the legislature and
to the public, a schedule for the succeeding week of
all senate committee hearings, showing by number and
short title the bills to be heard, the name of the
committee conducting the hearing and the time, date
and place of hearing;
(l) prepare a list showing the status of
legislation either on the president's table or in
committee at the time of final adjournment, which
list shall be included in the journal;
(m) *** ; and
(n) do and perform any other duty required by
these rules or ordered by the senate."; and
BE IT FURTHER RESOLVED that Senate Rule 6-5 be amended to
read:
"6-5 The sergeant-at-arms shall, at least one hour
previous to the opening of the session, [place ]
distribute copies of all bills, resolutions,
memorials and other documents to be acted upon [on
the desks of] to all senators."; and
BE IT FURTHER RESOLVED that Senate Rule 7-2 be amended to
read:
"7-2 A quorum of the senate is a majority of the members
[elected] sworn and qualified. In case a less
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number than a quorum of the senate shall convene,
those present are authorized to send the sergeant at
arms for the absent senators. In all cases of
absence of senators during the sessions of the
senate, the senators present may take such measures
as they deem necessary to secure the presence of the
absentees and, in addition to suspension for a given
period, may inflict such censure or penalty as they
may deem just on those who may not render sufficient
excuse for their absence."; and
BE IT FURTHER RESOLVED that Senate Rule 7-6 be amended to
read:
"7-6 A senator desiring to be excused from voting may,
when called upon and before voting commences , make a
brief statement, not occupying over five minutes,
explaining the senator's reasons for desiring to be
excused. The question of excusal shall be taken
without debate."; and
BE IT FURTHER RESOLVED that Senate Rule 7-8 be amended to
read:
"7-8 A senator rising to debate, to present a [petition
or other papers] bill, resolution, memorial or
amendment, to give a notice, to make a motion or to
report shall address the president and shall not
proceed further until recognized by the chair. A
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senator rising to present a bill, resolution,
memorial or amendment shall remain standing while
addressing the president, but may sit while another
member is recognized. "; and
BE IT FURTHER RESOLVED that Senate Rule 7-11 be amended to
read:
"7-11 The [author ] sponsor of a bill, motion, resolution
or memorial has the privilege of closing the
debate."; and
BE IT FURTHER RESOLVED that Senate Rule 7-12 be amended to
read:
"7-12 [A senator shall not speak to another senator,
otherwise interrupt the business of the senate, or
read any newspaper while the journals or public
papers are being read. ] No senator shall walk out of
the chamber [or across the chamber ] when the
president is putting a question. No senator shall
walk between a senator who is speaking and the
chair."; and
BE IT FURTHER RESOLVED that Senate Rule 7-13 be amended to
read:
"7-13 When a senator is called to order, that senator
shall take the regularly assigned seat until the
president has determined whether that senator is in
order or not, and if decided to be out of order,
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that senator shall not proceed without the
permission of the [senate ] president. Every
question of order shall be decided by the president,
subject to an appeal to the senate by any senator.
No second appeal shall be determined until the
original appeal is decided. [If a senator is called
to order for words spoken, the words excepted to
shall be immediately taken down in writing. ]"; and
BE IT FURTHER RESOLVED that Senate Rule 7-16 be amended to
read:
"7-16 No [member of the New Mexico senate ] senator may be
barred from any meeting or executive session of any
standing committee of the senate."; and
BE IT FURTHER RESOLVED that Senate Rule 17-7 be amended to
read:
"7-17 [No senator shall solicit personal campaign
contributions or allow any other senator or senate
employee to solicit campaign contributions on the
senator's behalf during any regular or special
session.]"; and
BE IT FURTHER RESOLVED that Senate Rule 8-4 be amended to
read:
"8-4 The senate shall have a consent calendar as follows:
(a) If a committee determines that a bill it
recommends to pass, without amendment or
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substitution, is of a routine nature or otherwise of
a nature which likely will not be opposed, it may in
its report recommend that the bill be placed on the
consent calendar. If such a report is adopted, the
bill will be placed on the consent calendar. The
recommendation that the bill be placed on the
consent calendar may be divided from the question of
adopting the committee report.
(b) The consent calendar shall consist of all
bills so placed upon it. Bills on such calendar
shall be taken up for third reading and final
passage in the order listed on that calendar
immediately prior to that order of business known as
"reports of committees". No more than five minutes
shall be allotted for explanation of the bill, and
no more than an aggregate of five minutes shall be
allotted to each side for the debate prior to final
passage of each bill on the consent calendar. If
debate exceeds these time limits, the bill shall,
without further action, be removed from the consent
calendar and assigned a place upon the regular
calendar of the senate.
(c) If any five members object from the floor
during any session to the consideration of a bill on
the consent calendar at any time before the question
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of its final passage is put to the senate, the bill
shall, without further action, be removed from the
consent calendar and assigned a place upon the
regular calendar of the senate [as it would have
been in the normal course of legislative
procedure]."; and
BE IT FURTHER RESOLVED that Senate Rule 9-1 be amended to
read:
"9-1 There shall be [a ] an administrative committee known
as the "committees' committee", which shall be
composed of the president pro tempore, the majority
floor leader, the majority whip, the minority floor
leader, the minority whip and five members of the
majority party and one member of the minority party
appointed by the president pro tempore, by and with
the consent of the senate; provided if a vacancy is
created on the committees' committee for any reason,
the president pro tempore or the appropriate caucus
if the vacancy is that of a party leader, may fill
the vacancy. The chair of the committees' committee
shall be the president pro tempore. The vice chair
shall be [selected by the members of the committees'
committee] the majority floor leader. The
committees' committee may meet at any time during a
session or in the interim at the discretion of the
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chair."; and
BE IT FURTHER RESOLVED that Senate Rule 9-1-2 be amended
to read:
"9-1-2 In appointing the standing committees, the
committees' committee shall designate the chair,
vice chair and the ranking member who shall be a
member of the committee and who does not hold a
leadership position in [either caucus or ] the
chamber. The ranking member of a standing committee
shall not be of the same political party as the
chair. In designating the chair, vice chair or
ranking member, the committees' committee shall
consider the preference of each member's respective
leader. No member designated to serve as the chair
of a standing committee shall serve as chair on any
other committee; provided that no vice chair of the
senate finance committee may [be chair of another
committee or] hold a leadership position in either
caucus or the chamber."; and
BE IT FURTHER RESOLVED that Senate Rule 9-1-4 be amended
to read:
"9-1-4 Seniority of the members of the senate shall prevail
at all times in committee assignments [and chairs of
committees shall be appointed by request of the
senior members]. All committee members shall be
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placed on committee by rank of seniority. Should a
vacancy occur, the next ranking member of the senate
shall have priority on the requested committee.
Seniority shall be governed by continuous service in
the New Mexico senate. This rule can only be
repealed or suspended by a three-fourths vote of the
elected senate."; and
BE IT FURTHER RESOLVED that Senate Rule 9-2-1 be amended
to read:
"9-2-1 [The "senate streaming oversight committee",
consisting of four members appointed by the
committees' committee, is created. The two
political parties having the greatest membership in
the senate shall be equally represented on the
committee. The committee shall monitor and review
aspects of the production of the live audio and
video streams of the senate floor and committee
proceedings to ensure that the streams are produced
and operated in an apolitical manner befitting the
senate.]"; and
BE IT FURTHER RESOLVED that Senate Rule 9-3 be amended to
read:
"9-3 All members shall serve on two standing committees,
except that members of the finance committee shall
not serve on any other standing committee and
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provided service on the committees' committee or the
senate ethics committee [or the senate streaming
oversight committee] shall not be counted as service
on a standing committee; provided, a member may be
temporarily assigned or reassigned by the
committees' committee to serve on a third committee
as a replacement for any member on that third
committee who will be, or has been, excused by the
senate from attending sessions for any period in
excess of ten days."; and
BE IT FURTHER RESOLVED that Senate Rule 9-4 be amended to
read:
"9-4 [No member shall be allowed, after standing
committee assignments have been approved by the
senate, to resign from a committee unless the member
has arranged to serve on another standing committee
by trading assignment with another member of the
same political party and after approval has been
given by the committees' committee. Such transfers
must be approved by the senate. ]"; and
BE IT FURTHER RESOLVED that Senate Rule 9-5-6 be amended
to read:
"9-5-6 Committee meetings shall be governed by the
following:
(a) All meetings of a quorum of members of any
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committee or policymaking body of the senate held
for the purpose of discussing public business or for
the purpose of taking any action within the
authority of or the delegated authority of such
committee are declared to be public meetings open to
the public at all times except for initial probable
cause deliberations and hearings relating to
allegations of unethical conduct brought before the
senate ethics committee, unless [it ] an open meeting
is requested by the senator against whom the
allegation is made.
(b) The provisions of Subsection (a) of this
rule shall not apply to matters relating to
personnel, or matters adjudicatory in nature, or to
any bill, resolution or other legislative matter not
yet presented to either house of the legislature.
(c) Meetings of a committee on general
appropriations bills may be closed by a majority
vote of the committee.
(d) For the purposes of Rule 9-5-6, "meeting"
means a gathering of the members called by the
presiding officer of a standing committee."; and
BE IT FURTHER RESOLVED that Senate Rule 9-5-8 be amended
to read:
"9-5-8 Live audio and video streams of senate standing
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committee proceedings shall be accessible through
the legislature's website in a manner befitting the
senate, including an appropriate user interface. A
stream shall begin as soon as practicable after the
chair has called the meeting to order and shall
terminate as soon as practicable after the committee
has recessed or adjourned or upon order of the
chair. The streams shall be publicly available
through the legislature's website for five years
following adjournment of the relevant session,
subject to the financial capability of the senate.
[A stream shall carry a notice to the effect that
the stream is being produced for the benefit of the
public and any political use is prohibited and that
the stream is not an official record of the senate's
proceedings.]"; and
BE IT FURTHER RESOLVED that Senate Rule 9-6 be amended to
read:
"9-6 Each standing committee shall hold regular meetings
at a permanent time assigned by the committees'
committee [twice each week ] and may hold such other
meetings for the transaction of business before the
committee as are announced in open session by the
chair."; and
BE IT FURTHER RESOLVED that Senate Rule 9-8 be amended to
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read:
"9-8 The rules committee may sit at any time for the
purpose of considering rule changes, confirmations
or executive communications. Consideration of such
reports shall always be in order. Debate on the
adoption of such reports shall not exceed one hour;
one-half hour for and one-half hour against; and no
other motion is in order until the vote of the
senate is had thereon."; and
BE IT FURTHER RESOLVED that Senate Rule 9-8-1 be amended
to read:
"9-8-1 After the recommendations of the rules committee
that met in the interim have been submitted to the
senate, they may be further referred to the standing
senate rules committee before any action is taken by
the senate; provided that during the session
immediately following [an ] a general election at
which members of the senate are elected , the
recommendations shall be further referred to the
standing rules committee unless this rule is
suspended by a two-thirds vote of the senate."; and
BE IT FURTHER RESOLVED that Senate Rule 9-9 be amended to
read:
"9-9 The chair of the judiciary committee or some member
of the committee designated by the chair shall:
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(a) examine and correct bills for the purpose
of avoiding repetition and for [insuring ] ensuring
accuracy in the text. The chair or chair's designee
shall report, upon request, whether the object
sought to be accomplished can be secured without a
special act under existing laws or by the enactment
of a general law; and
(b) revise and correct the journal."; and
BE IT FURTHER RESOLVED that Senate Rule 11-9 be amended to
read:
"11-9 Every bill shall be introduced by a senator, or on
the report of a committee, or by message from the
house of representatives, which message shall be
announced [at the door of the senate ] by the
presiding officer."; and
BE IT FURTHER RESOLVED that Senate Rule 11-11 be amended
to read:
"11-11 [Each bill, resolution and memorial when prefiled or
introduced shall be accompanied by one copy
thereof.]"; and
BE IT FURTHER RESOLVED that Senate Rule 11-12 be amended
to read:
"11-12 [Each bill, resolution and memorial when prefiled or
introduced shall be sent to the chief clerk's desk
to be taken up in the order in which it was prefiled
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or introduced, unless the senate directs
otherwise.]"; and
BE IT FURTHER RESOLVED that Senate Rule 11-14 be amended
to read:
"11-14 At the time of second reading, or any time
thereafter, each bill shall be referred by the
senate to a standing committee, a select committee
or the committee of the whole [provided, however,
that upon every bill, resolution or memorial
introduced by any senator, such senator shall
endorse the name of the appropriate committee to
which the bill, resolution or memorial should be
referred. The endorsement shall be as follows:
"Referred to the . . . Committee "]. Should
objection be made to the reference, [so endorsed ]
the senate shall determine the committee to which
such bill, resolution or memorial shall be referred.
No bill shall be referred to more than two standing
committees except upon two-thirds vote of the
members present; provided, however, that a referral
to the finance committee shall not be considered a
committee referral within the two committee
limitation."; and
BE IT FURTHER RESOLVED that Senate Rule 11-14-2 be amended
to read:
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"11-14-2 [When any bill concerning any subject matter for
which an appropriation is therein sought to be
levied has been referred to the committee to which
bills of such subject matter properly should be
referred, such bill when reported in by such
committee, unless the report is unfavorable to its
passage] Any bill containing an appropriation shall
automatically be referred to the finance committee
for its consideration."; and
BE IT FURTHER RESOLVED that Senate Rule 11-15 be amended
to read:
"11-15 [Following second reading, the bill shall be printed
in English and a printed copy supplied to each
senator.]"; and
BE IT FURTHER RESOLVED that Senate Rule 11-20-1 be amended
to read:
"11-20-1 If the committee report is favorable and the senate
adopts the committee report, the bill, resolution or
memorial shall be placed upon the calendar to be
taken up on third reading [in its regular order ] or,
if the bill, resolution or memorial has received
another committee referral, it shall be referred to
the other committee."; and
BE IT FURTHER RESOLVED that Senate Rule 11-22 be amended
to read:
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"11-22 The calendar of bills on the order of third reading
shall consist of all bills which have been reported
by a committee and which are not deemed lost by
action of the senate pursuant to Rules 11-20-2 and
11-20-3. [The calendar of third reading shall also
consist of all bills which have been ordered placed
on the calendar by a vote of the senate, and also
all bills from the house of representatives which
having passed the senate have been subsequently
reconsidered upon recall from the governor and
thereupon amended by the house. ]"; and
BE IT FURTHER RESOLVED that Senate Rule 11-22-2 be amended
to read:
"11-22-2 [No bill shall be read a third time out of its
order, unless on a vote of a majority of all the
senators present; and all resolutions which propose
any amendment to the constitution or ratify any
proposed amendment to the United States constitution
shall be treated in the form of proceedings on them
in the same manner as bills. ]"; and
BE IT FURTHER RESOLVED that Senate Rule 11-24-3 be amended
to read:
"11-24-3 The question on the final passage on the bill shall
be taken immediately and without debate after the
third reading [and without debate ] and the member
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moves passage of the bill ."; and
BE IT FURTHER RESOLVED that Senate Rule 11-25 be amended
to read:
"11-25 Immediately after the passage in both houses of any
bill, resolution or memorial which originated in the
senate, or any substitute for legislation which
[substitute] originated in the senate, it shall be
enrolled and engrossed by the senate [and thereupon
read publicly in full ] and signed by the presiding
officer of the senate in open session. The fact of
such [reading and] signing shall be entered in the
journal. Every interlineation or erasure shall be
[publicly announced in the senate by the presiding
officer and] entered in the journal."; and
BE IT FURTHER RESOLVED that Senate Rule 11-27 be amended
to read:
"11-27 One capital outlay expenditures bill will be
introduced and one general obligation bond bill may
be introduced in the senate. The bills will be
referred to the senate finance committee. Except as
provided in this rule, any other request by a
senator to appropriate money for capital outlay
projects shall be submitted as a capital outlay
request prepared by the legislative council service.
Signed and numbered capital outlay requests shall be
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read into the journal and referred to the senate
finance committee for consideration for inclusion in
a capital outlay expenditures bill or a general
obligation bond bill [provided, capital outlay
requests may be referred also to the senate Indian,
rural and cultural affairs committee for its
consideration and recommendation ]. A capital outlay
request may be made by bill if there is broad
legislative interest in both houses in the matter or
if referral to several committees is desirable. All
such bills must be referred to the committees'
committee for a determination that the bill meets
such criteria. Capital outlay requests will be
treated as amendments, but shall be subject to the
limitations for the introduction of bills in Section
2-6-1 NMSA 1978 and Joint Rule 10-1."; and
BE IT FURTHER RESOLVED that Senate Rule 19-1 be amended to
read:
"19-1 Except as provided in Rule 15-2, when a motion has
once been made and carried, in the negative or
affirmative, it shall be in order for any member
[of] voting in the majority to move for the
reconsideration thereof on the same or the next
succeeding calendar day during which the senate
shall be in session, and such motion shall take
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precedence over all other questions, except a motion
to adjourn or take a recess. No vote shall be
reconsidered upon either of the following motions:
to adjourn or to lay on the table. A motion to
reconsider a bill recalled from the governor or
house of representatives, for amendment, shall be
made only when such bill is received by the senate
on such recall."; and
BE IT FURTHER RESOLVED that Senate Rule 23-3 be amended to
read:
"23-3 Passes shall be issued by the chief clerk to duly
accredited members of the press, radio and
television, which allow them the privileges
enumerated herein. [At the chief clerk's rostrum,
an area of four or five seats may be made available
for the writing press. ] During the committee of the
whole, television cameramen may be allowed on the
floor to photograph the speaker. Television and
still photographers may be allowed on the corners of
the lieutenant governor's rostrum for purposes of
photographing senators and senate activities. A
sergeant-at-arms shall be [posed ] posted to prohibit
visitors from the two press boxes. Passes shall
also be issued by the chief clerk at the request of
and to be countersigned by the senator or the
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president for the period designated by the senator
or the president to members of the senator's or
president's family or special guests as evidence of
the privileges granted under other rules passed by
the senate granting such privileges."; and
BE IT FURTHER RESOLVED that Senate Rule 23-5 be amended to
read:
"23-5 [The members of the senate and the presiding
officer, including the lieutenant governor, shall
not make any introduction of guests, with the
exception of officials. ]".
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