N.M. Stat. § 2-3-1 (2026)

There is created a legislative joint committee of the house and senate to be
designated "the New Mexico legislative council," composed of sixteen members, eight
from the house and eight from the senate. The president pro tempore and the minority
floor leader of the senate and the speaker of the house of representatives and the
minority floor leader of the house shall automatically be members of the council. Six of
the remaining members shall be appointed from the house of representatives by the
speaker; provided that, if the minority is entitled to more than one member, the
additional minority members shall be appointed by the speaker only from
recommendations made by the minority floor leader, although the speaker shall retain
the right to reject any such recommendations; and six of the remaining members shall
be appointed from the senate by the committees' committee or, if the appointments are
made in the interim, by the president pro tempore after consultation with and agreement
of a majority of the members of the committees' committee. If the minority is entitled to
more than one member, one of the remaining six members shall be appointed by the
senate minority floor leader. The appointed members of the council shall be appointed
from each house so as to give the two political parties having the most members in
each house the same total proportionate representation on the council as prevails in
that house; providing [provided] that in the computation, major fractions shall be
counted as whole numbers, and in no event shall either of the two major parties have
less than one member from each house. The members shall be appointed for terms of
two years or less expiring on the first day of the regular session held in odd-numbered
years. The term of any member shall terminate when such member ceases to be a
member of the legislature. Provided, however, that members of the council reelected to
the legislature shall continue to serve as members of the council until their successors
are appointed. Vacancies on the council may be filled for the unexpired term by
appointment from the house or senate respectively by the respective appointing
authority which makes the original appointments and subject to the same
recommendations; provided such new members must be from the same body of the
legislature and the same party from which their predecessors were appointed. The
council shall elect such other officers as may be deemed necessary from among its own
members. The officers shall be elected for terms coterminous with their membership on
the council. The speaker and the president pro tempore shall be co-chairmen of the
council. No action shall be taken by the council if a majority of the total membership
from either house on the council rejects such action. This 1978 amendment shall not be
construed to cut short the term of any member already appointed to the council.

History: 1941 Comp., § 2-401, enacted by Laws 1951, ch. 182, § 1; 1953 Comp., § 2-3-
1; Laws 1955, ch. 286, § 1; 1957, ch. 72, § 1; 1978, ch. 21, § 10.

                                    ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and it is
not part of the law.

Cross references. — For workers' compensation oversight committee, see Chapter 52,
Article 7 NMSA 1978.

Computing party membership. — This section requires that total council membership
from each house be used in computing proportionate party membership in the
legislative council. 1969 Op. Att'y Gen. No. 69-26.

The speaker of the house and the president pro tempore of the senate must be included
in computing party membership from their respective houses for purposes of this
section. 1969 Op. Att'y Gen. No. 69-26.

Agreements or contracts entered into in past by the capitol buildings
improvement commission in connection with buildings covered by 2-3-5 NMSA 1978
are binding on the legislative council and must be enforced by the legislative council
service. 1967 Op. Att'y Gen. No. 67-60.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories, and
Dependencies §§ 50 to 54, 57.

Formalities and requirements for the creation of legislative committees, 28 A.L.R. 1154.

81A C.J.S. States § 55.