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A RESOLUTION
CREATING AND EMPOWERING A SPECIAL COMMITTEE OF THE HOUSE OF
REPRESENTATIVES TO INVESTIGATE ALLEGATIONS OF CRIMINAL
ACTIVITY AND PUBLIC CORRUPTION FOR THE PURPOSE OF SECURING
INFORMATION TO DETERMINE WHETHER LEGISLATION OR OTHER
LEGISLATIVE ACTION IS NECESSARY TO PROVIDE FOR SAFETY AND
WELFARE OR TO PROVIDE FOR PUBLIC CONFIDENCE IN STATE
GOVERNMENT.
WHEREAS, "Zorro ranch" was the name of a private estate
located in Santa Fe county consisting of approximately ten
thousand acres of real property, which included public land
leaseholds; and
WHEREAS, Zorro ranch and the persons who owned Zorro
ranch between 1993 and 2023 have been the subjects of great
public concern since at least 2019; however, previous
legislatures have not responded to this great public concern;
and
WHEREAS, members of the house of representatives
reported to the interim courts, corrections and justice
committee about allegations the members received that Zorro
ranch was an instrumentality of serious criminal activity
that was not investigated, prosecuted or otherwise acted upon
by state or local officers before potential investigations,
prosecutions or other actions were time barred pursuant to
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state law; and
WHEREAS, the house of representatives is concerned that
the failure to investigate the alleged criminal activity at
Zorro ranch and the risk of potential consequences of that
activity continue to affect the safety and welfare of the
state and that continued legislative inaction threatens
public confidence in state government; and
WHEREAS, Article 4, Section 2 of the constitution of New
Mexico vests the legislature with all powers necessary to the
legislature of a free state, which include the indispensable
power of inquiry, through which either chamber of the
legislature may conduct investigative procedures to secure
information necessary to legislate, to provide general
oversight of the administration of government, the
expenditure of public money and the use of public resources
and to exercise particular enumerated powers and duties; and
WHEREAS, as an example of the particular enumerated
powers and duties of the legislature, Article 4, Section 35
of the constitution of New Mexico vests the house of
representatives with the sole power of impeachment, which
confers a unique duty to oversee the conduct of state
officers and compels the investigation of allegations of
misconduct; and
WHEREAS, with each chamber of the legislature having the
power to determine the rules for the chamber's own procedures
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in accordance with Article 4, Section 11 of the constitution
of New Mexico, it is for the house of representatives to
decide whether to exercise the power of inquiry, the time and
place at which the power will be exercised and the manner in
which the power will be exercised;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that the speaker
appoint a special committee of the house of representatives
consisting of two members from the majority party and two
members from the minority party and designate a chair from
among the appointed members, and that the committee
investigate Zorro ranch and the related allegations of
criminal activity to determine whether legislation or other
legislative action is needed to:
A. prevent and properly punish crime;
B. protect children and other vulnerable persons;
C. establish sufficient procedures for securing
civil justice;
D. ensure proper use and stewardship of public
money and resources; and
E. provide for public accountability; and
BE IT FURTHER RESOLVED that the committee be vested with
all necessary powers and process, including the powers to
conduct hearings, compel the attendance of witnesses,
administer oaths and issue subpoenas, and that the committee
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be authorized to function after the legislature adjourns sine
die; provided that the committee shall not function after
December 31, 2026; and provided further that process for the
committee shall be issued by the chair and, while the
legislature is in session, such process shall be served by
the sergeant-at-arms and enforced by the house of
representatives and, after the legislature adjourns, such
process shall be enforced in any court with jurisdiction over
the process and shall be in compliance with the applicable
rules of the court; and
BE IT FURTHER RESOLVED that the chief clerk of the house
of representatives provide staff for the committee while the
legislature is in session and that the legislative council
service be requested to provide staff for the committee after
the legislature adjourns but, subject to the availability of
funding, the committee may retain additional staff, including
legal counsel, during the time the committee is properly
functioning; and
BE IT FURTHER RESOLVED that the committee keep records
of its work, furnish an interim report to the leadership of
the house of representatives on or before July 31, 2026 and
furnish a final report to all members of the house of
representatives on or before December 31, 2026 that includes
a description of the investigative procedures carried out by
the committee, the findings and conclusions the committee
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made through carrying out those procedures and the
committee's recommendations; and
BE IT FURTHER RESOLVED that copies of this resolution be
transmitted to the chief clerk of the house of
representatives, the president pro tempore of the senate, the
New Mexico legislative council and the director of the
legislative council service.