HOUSE BILL 502

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Andrew J. Barreras

FOR THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE

AND THE RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; REQUIRING A PERIODIC EVALUATION OF THE NEED FOR EXECUTIVE REORGANIZATION.

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

     Section 1. Section 9-1-1 NMSA 1978 (being Laws 1977, Chapter 248, Section 1) is amended to read:

     "9-1-1. SHORT TITLE.--[This act] Chapter 9, Article 1 NMSA 1978 may be cited as the "Executive Reorganization Act"."

     Section 2. Section 9-1-9 NMSA 1978 (being Laws 1977, Chapter 248, Section 9) is amended to read:

     "9-1-9. CREATION OF ADVISORY COMMITTEES--WHO MAY CREATE--FILING--APPLICATIONS--COMPOSITION--LIFE SPAN--TITLE--QUORUM--COMPENSATION.--

          A. Advisory committees may be created. "Advisory" [shall mean] means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and [shall] does not extend to administering a program or function or setting policy unless specified by law.

          B. The governor or a department secretary, with approval of the governor, may create advisory committees.

          C. Each creating authority must file with the governor and the secretary of finance and administration a record of the advisory committee created, showing the committee's:

                (1) name;

                (2) composition;

                (3) appointed members' names and addresses; and

                (4) purpose and term of existence.

          D. The secretary of each department created by the Executive Reorganization Act shall, upon the effective date of the Executive Reorganization Act, file a record of each advisory committee within the department not abolished. Upon the filing of such a record, the provisions of this section shall apply to each such advisory committee.

          E. The creating authority shall prescribe the composition and functions of each advisory committee created, appoint its members who shall serve at the pleasure of the creating authority and specify a date when the existence of each advisory committee ends.

          F. No advisory committee may be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by executive order of the governor. If the existence of an advisory committee is extended, the extension shall not be for more than two years.

          G. Each advisory committee created under this section shall be known as the "_____________________________ advisory committee".

          H. A majority of the membership of an advisory committee [shall constitute] constitutes a quorum.

          I. Each member of an advisory committee may receive compensation for travel and per diem expenses incurred in the performance of [their] the member's duties within budgeted amounts and in accordance with the provisions of the Per Diem and Mileage Act.

          J. At least once every ten years, the governor or an appropriate department secretary, with approval of the governor, shall create an advisory committee to assess and make recommendations on whether additional executive reorganization is needed. The first advisory committee with these duties shall be created no later than 2012."

- 4 -