HOUSE BILL 211
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Debbie A. Rodella
AN ACT
RELATING TO PUBLIC SAFETY; CREATING A JOINT INTERIM LEGISLATIVE DEPARTMENT OF PUBLIC SAFETY OVERSIGHT COMMITTEE; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. DEPARTMENT OF PUBLIC SAFETY OVERSIGHT COMMITTEE CREATED--TERMINATION.--The "department of public safety oversight committee" is created as a joint interim legislative committee. The committee shall function from the date of its appointment until the first of December prior to the first session of the forty-ninth legislature.
Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--
A. The department of public safety oversight committee shall be composed of eight members. Four members of the house of representatives shall be appointed by the speaker of the house of representatives. Four members of the senate shall be appointed by the senate committees' committee or, if the senate appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the senate committees' committee.
B. Members shall be appointed from each house so as to give the two major political parties in each house proportionate representation on the committee as prevails in each house; provided, however, that in no event shall either party have less than one member from each house on the committee. The speaker of the house of representatives and the president pro tempore of the senate shall each appoint a co-chair of the committee.
C. A vacancy on the committee shall be filled by appointment in the same manner as the original appointment.
D. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects the action.
E. Members of the committee shall be reimbursed for per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
Section 3. DUTIES--COOPERATION.--
A. After its appointment, the department of public safety oversight committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval.
B. Upon approval of its work plan and budget, the committee shall:
(1) monitor and oversee the operation and administration of the programs, duties, services, personnel policies and law enforcement and investigative functions of the department of public safety;
(2) review issues related to the management, coordination and use of state resources and manpower in responding to New Mexico's public safety needs and problems; and
(3) examine the statutes, constitutional provisions, rules and court decisions governing the department of public safety.
C. The committee shall have the power to conduct hearings and administer oaths. The committee shall have the power to subpoena, which may be enforced through any district court of the state. The subpoena power shall be used only upon approval by a majority of committee members and shall be related to the committee's powers and duties specified in this section. Service of committee process shall be made by any sheriff or any member of the New Mexico state police and shall be served without cost to the committee.
D. The department of public safety and every other state agency and political subdivision of the state shall, upon request, furnish and make available to the committee documents, material or information requested by the members of the committee or its staff. Documents, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, may be inspected or surveyed by the members of the committee, subject to the same restrictions imposed upon employees of the agency holding the documents.
Section 4. SUBCOMMITTEES.--
A. Subcommittees may be created only by majority vote of all members appointed to the department of public safety oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the house of representatives and one member from the senate, and at least one member of the minority party shall be a member of the subcommittee.
B. All meetings of a subcommittee shall be approved by the full committee in advance of the meetings, and the approval shall be shown in the minutes of the committee.
Section 5. REPORT.--The department of public safety oversight committee shall make a report of its findings and recommendations for the consideration of the second session of the forty-seventh legislature; the first session of the forty-eighth legislature; the second session of the forty-eighth legislature; and the first session of the forty-ninth legislature. The reports and proposed legislation shall be made available to the New Mexico legislative council on or before December 15 preceding the legislative session.
Section 6. STAFF.--The staff for the department of public safety oversight committee shall be provided by the legislative council service.
Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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