HOUSE BILL 409

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Randall T. Pettigrew

AN ACT

RELATING TO STATE RULES; PROVIDING FOR LEGISLATIVE REVIEW OF RULES ADOPTED BY STATE AGENCIES, BOARDS AND COMMISSIONS; REQUIRING AN ECONOMIC IMPACT STUDY BEFORE A RULE IS SUBJECT TO A PUBLIC HEARING; AUTHORIZING THE AMENDMENT OR REPEAL OF RULES.

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

     SECTION 1. Section 2-3-3 NMSA 1978 (being Laws 1951, Chapter 182, Section 3, as amended) is amended to read:

     "2-3-3. LEGISLATIVE COUNCIL--POWERS--DUTIES.--It [shall be] is the duty of the New Mexico legislative council to:

          A. [to] adopt rules [and regulations] for the administration of [this act] Chapter 2, Article 3 NMSA 1978 in the conduct of the affairs of the legislative council service;

          B. [to] formulate policies for the operation and conduct of the business of the legislative council service and generally to supervise all of the activities of [such] the council service;

          C. [to] carry out the purposes of the legislative council service as hereafter set forth;

          D. [to] create committees of legislators to study major problems during the periods when the legislature is not in session; provided that:

                (1) no member of the council shall serve as an officer or voting member on an interim committee appointed or created by the council;

                (2) all committees created by the council shall terminate on or before December 1 of the year in which they are created unless the council subsequently extends the life of the committee for not more than one month;

                (3) the minority party shall be represented on all council-created committees in the proportion the minority party is represented in each house;

                (4) the relationship of the size of the house and senate shall be taken into consideration in determining the number of members from each house appointed to an interim committee created by the council; and

                (5) members shall be appointed to council-created committees by the same appointing authorities that appoint the council members from each house and subject to the same recommendations. The council shall name committee officers from among the committee members so appointed;

          E. designate an interim committee to review the rules pursuant to the provisions of Section 14-4-4.2 NMSA 1978;

          [E. to] F. adopt rules of procedure for all committees created by the council, including a rule that no action shall be taken by [the] a committee if a majority of the total membership from either house on the committee rejects such action; provided that no member of the legislature shall ever be excluded from any meeting of any committee appointed by the council; and

          [F. to] G. refrain from advocating or opposing the introduction or passage of legislation."

     SECTION 2. A new section of the State Rules Act, Section 14-4-4.1 NMSA 1978, is enacted to read:

     "14-4-4.1. [NEW MATERIAL] RULEMAKING PREREQUISITES--ECONOMIC IMPACT STUDY.--Before the publication of a proposed rule, an agency shall conduct an economic impact study of costs, benefits and impacts of the proposed rule. The study shall include:

          A. the need for the proposed rule;

          B. the number and identity of municipalities, counties, business sectors or other entities that will be impacted by the proposed rule;

          C. the estimated cost of compliance with the proposed rule;

          D. the anticipated benefit derived from compliance with the proposed rule; and

          E. the extent to which the proposed rule overlaps, duplicates or conflicts with other federal, state and local government rules."

     SECTION 3. A new section of the State Rules Act, Section 14-4-4.2 NMSA 1978, is enacted to read:

     "14-4-4.2. [NEW MATERIAL] LEGISLATIVE REVIEW OF PROPOSED RULES--EFFECT OF COMMITTEE ACTION.--

          A. Except as provided in Section 14-4-5.1 NMSA 1978 and Subsection E of this section, no rule shall be valid or enforceable until the procedures required by this section have been followed.

          B. Concurrently with the publication of a proposed rule and prior to any public hearing otherwise required, the agency proposing to promulgate a rule shall file the proposed rule along with an economic impact study with the director of the legislative council service. Upon receipt of a proposed rule and economic impact study, the director shall forward a copy of the rule to each member of:

                (1) the appropriate interim committee designated by the New Mexico legislative council to receive rules proposed by that agency; or

                (2) the New Mexico legislative council if:

                     (a) the term of the interim committee members has expired and the council has not yet appointed new members to the interim committee; or

                     (b) the council has not designated an interim committee to receive rules proposed by the agency.

          C. A proposed rule and its economic impact study shall be reviewed by an interim committee or the New Mexico legislative council if, within ten days of the filing of the rule with the director of the legislative council service, a legislator receiving the economic impact study and the proposed rule pursuant to Subsection B of this section makes a written request for legislative review of the proposed rule to the director and the agency proposing the rule.

          D. Any proposed rule that has received a written request for legislative review pursuant to Subsection C of this section is subject to review by the legislature at the next regular session.

          E. By the thirteenth day of any regular session of the legislature held in an odd-numbered year and by the fifteenth day of any regular session held in an even-numbered year, the standing committee to which a proposed rule and its accompanying economic impact study have been referred may report to the membership of the body its findings and recommendations concerning its review of the proposed rule. The report of the committee shall be printed in the journal. If the committee does not report by the day specified, such failure to report shall constitute legislative approval of the proposed rule. If the committee to which a proposed rule has been referred is of the opinion that the proposed rule is violative of the legislative intent of the statutory authority under which the rule is made, the committee may introduce along with its report a concurrent resolution amending or rejecting the proposed rule accordingly. If the concurrent resolution is adopted by the legislature, the rule shall be amended, approved or rejected accordingly.

          F. A rule may be filed and published pursuant to Section 14-4-5 NMSA 1978 and subsequently be valid and enforceable if:

                (1) a timely request for legislative review is not made pursuant to Subsection C of this section;

                (2) a standing committee does not make a timely report on the proposed rule pursuant to Subsection E of this section; or

                (3) a resolution is enacted by the legislature approving or amending the rule.

          G. An emergency rule may take effect without a prior filing pursuant to Subsection B of this section but shall be in effect no longer than sixty days unless a filing is made pursuant to that subsection. Upon the filing, the emergency rule may remain in effect but shall otherwise be subject to the request for the legislative review provisions of this section."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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