HOUSE JOINT RESOLUTION 19

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Randall T. Pettigrew

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 4 OF THE CONSTITUTION OF NEW MEXICO TO CREATE A PERMANENT INTERIM ADMINISTRATIVE RULE OVERSIGHT COMMITTEE AND ALLOW THAT COMMITTEE TO RECOMMEND THE OVERTURNING OF AGENCY RULES TO THE LEGISLATURE; ALLOWING THE LEGISLATURE TO OVERTURN AGENCY RULES DURING A LEGISLATIVE SESSION.

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 "interim administrative rule oversight committee" is established and shall consist of twelve members.

Three members each shall be appointed by the majority floor leader of the house of representatives, the minority floor leader of the house of representatives, the majority floor leader of the senate and the minority floor leader of the senate.

          B. The position of chair shall alternate between the house and the senate and the two political parties having the most members in both houses each year; provided that at no time shall the political parties having the most members in both houses not be represented as either a chair or a vice chair.

          C. Members shall be appointed for two-year terms that shall expire on the third Tuesday in January of an odd-numbered year; provided that the term of a member shall terminate when the member ceases to be a member of the legislature, and a member may be removed at any time by the original appointing authority. A vacancy shall be filled by appointment for the remainder of the unexpired term by the original appointing authority.

          D. The interim administrative rule oversight committee shall meet no less than once per month during the interim between legislative sessions.

          E. The interim administrative rule oversight committee shall:

                (1) review rules proposed by an executive agency, an analysis of the rules conducted by committee staff and fiscal impact reports conducted by the legislative finance committee associated with the rules at least two weeks prior to the public rule hearing for the rules, except when the legislature is in session;

                (2) make recommendations on the rules to the proposing executive agency;

                (3) recommend changes to the authorizing statutes of a rule to clarify legislative intent; and

                (4) direct the work of committee staff.

          F. If the interim administrative rule oversight committee determines that an agency rule does not comply with the authorizing law, the committee may make a recommendation to the legislature to overturn the rule during a legislative session. Pursuant to this subsection, the legislature may overturn agency rules."

     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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