HOUSE JOINT RESOLUTION 6

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

INTRODUCED BY

Andy Nuñez

FOR THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE AND THE RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO ALLOW THE LEGISLATURE TO ENACT LAWS THAT PROHIBIT REGULATORY RULES OF THE EXECUTIVE BRANCH FROM TAKING EFFECT UNTIL REVIEWED AND APPROVED BY THE APPROPRIATE INTERIM OR STANDING COMMITTEES OF THE LEGISLATURE AND TO ALLOW THE LEGISLATURE TO ENACT LAWS THAT EMPOWER THE APPROPRIATE INTERIM OR STANDING COMMITTEES OF THE LEGISLATURE, AFTER REVIEWING AN ADOPTED REGULATORY RULE, TO ANNUL THE RULE IF THE COMMITTEE FINDS THAT THE EXECUTIVE BRANCH WAS NOT AUTHORIZED TO ADOPT THE RULE.

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

     Section 1. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:

          "A. The legislature may, by law, prohibit regulatory rules proposed by an agency or officer of the executive branch from taking effect until the proposed rules have been reviewed and approved by the appropriate interim or standing committees of the legislature.

          B. The legislature may, by law, empower the appropriate interim or standing committees of the legislature to review a regulatory rule that has been adopted by an agency or officer of the executive branch and to annul the rule if the committee finds that the agency or officer of the executive branch was not authorized to adopt the rule.

          C. A law enacted pursuant to Subsection A or B of this section shall establish procedures for selecting those rules subject to the review of legislative committees, procedures for designating the appropriate committees to conduct the review and procedures to ensure that rules necessary to address emergency situations are not impeded by the review process."

     Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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