SENATE BILL 535

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Bernadette M. Sanchez

AN ACT

RELATING TO THE COMMISSION FOR THE PROMOTION OF UNIFORMITY OF LEGISLATION IN THE UNITED STATES; AMENDING THE DUTIES AND REPORTING REQUIREMENTS OF THE COMMISSION TO INCLUDE CONSIDERATION OF MODEL REGULATORY PROCESS LEGISLATION; ADDING A MEMBER TO THE COMMISSION; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 2-4-1 NMSA 1978 (being Laws 1967, Chapter 234, Section 1, as amended) is amended to read:

     "2-4-1. COMMISSION FOR THE PROMOTION OF UNIFORMITY OF LEGISLATION IN THE UNITED STATES.--

          A. There is created a "commission for the promotion of uniformity of legislation in the United States". Its membership shall consist of:

                [A.] (1) two members appointed by the New Mexico legislative council, who shall be members of the legislature;

                [B.] (2) four members of the New Mexico bar, who shall be appointed by the New Mexico legislative council and who shall serve on the commission at their own expense;

                (3) the director of the administrative law division of the state commission of public records;

                [C.] (4) the dean of the university of New Mexico law school or [his] the dean's designee; and

                [D.] (5) the director of the legislative council service, who shall serve ex officio.

          B. The members shall be known as the "commissioners for the promotion of uniformity of legislation in the United States"."

     Section 2. Section 2-4-2 NMSA 1978 (being Laws 1917, Chapter 77, Section 2) is amended to read:

     "2-4-2. DUTIES OF COMMISSIONERS.--It [shall be] is the duty of [said] the commissioners for the promotion of uniformity of legislation in the United States:

          A. to examine the subjects of marriage, divorce and other subjects of legislation concerning which uniform legislation throughout the United States is desirable; to confer with like commissioners from other states concerning such matters; and to use their best efforts in bringing about such uniformity of legislation on all subjects [which] that they deem desirable; and

          B. to study model administrative procedure acts and regulatory process legislation and make recommendations pursuant to Section 2-4-3 NMSA 1978."

     Section 3. Section 2-4-3 NMSA 1978 (being Laws 1917, Chapter 77, Section 4) is amended to read:

     "2-4-3. REPORT TO LEGISLATURE.--[Said commissioner] The commissioners for the promotion of uniformity of legislation in the United States shall report to the legislature [from time to time, giving] on or before November 1 of each year to detail the result of their investigations and [making such] make recommendations with respect to the adoption of uniform or model legislation, as they may deem proper."

     Section 4. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2008 and 2009 to facilitate the review of model administrative procedure acts and regulatory process legislation by the commission for the promotion of uniformity of legislation in the United States. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

     Section 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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