HOUSE BILL 718
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Ben Lujan
AN ACT
RELATING TO PUBLIC EMPLOYEES; CREATING A JOINT INTERIM COMMITTEE FOR THE OVERSIGHT OF PUBLIC EMPLOYEE BENEFIT PROGRAMS AND FUNDS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. TEMPORARY PROVISION--EMPLOYEE BENEFITS OVERSIGHT COMMITTEE CREATED.--There is created a joint interim legislative committee that shall be known as the "employee benefits oversight committee". The committee shall function from the date of its appointment until the first day of December prior to the second session of the forty-seventh legislature.
Section 2. TEMPORARY PROVISION--MEMBERSHIP--APPOINTMENT--VACANCIES.--
A. The employee benefits oversight committee shall be composed of ten members. Five members of the house of representatives shall be appointed by the speaker of the house of representatives and five members of the senate shall be appointed by the committees' committee of the senate or, if the 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 committees' committee.
B. Members of the employee benefits oversight committee shall be appointed from each house so as to give the two major political parties in each house the same proportional representation on the committee as prevails in each house; however, in no event shall either party have less than one member from each house on the committee. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments. The chair and vice chair of the committee shall be elected by the committee.
C. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.
Section 3. TEMPORARY PROVISION--DUTIES.--
A. After its appointment, the employee benefits oversight committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim.
B. In developing the work plan, the employee benefits oversight committee shall take into consideration the public interest in ensuring that the retirement programs of the public employees retirement association and the educational retirement board, and the benefit programs administered by the retiree health care authority, the public school insurance authority and the state group benefits program are financially sound.
C. The employee benefits oversight committee shall solicit public input.
D. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the council, the employee benefits oversight committee shall examine:
(1) the statutes, constitutional provisions, regulations and court decisions governing the retirement plans provided by the state retirement programs and the benefit plans provided by the retiree health care authority, the public school insurance authority and the state group benefits program; and
(2) the actuarial health of the funds supporting the programs, the present and future costs of maintaining the programs and the extent of any forecasted funding deficits.
Section 4. TEMPORARY PROVISION--SUBCOMMITTEES.-- Subcommittees shall be created only by majority vote of all members appointed to the employee benefits 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 senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of such meeting or expenditure, and the approval shall be shown in the minutes of the committee.
Section 5. TEMPORARY PROVISION--REPORT.--The employee benefits oversight committee shall make a report of its findings and recommendations for the consideration of the legislature. The report and suggested legislation shall be made available to the New Mexico legislative council by December 15 preceding the second session of the forty-seventh legislature.
Section 6. TEMPORARY PROVISION--STAFF.--The staff for the employee benefits oversight committee shall be provided by the legislative council service.
Section 7. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from legislative cash balances to the legislative council service for expenditure in fiscal years 2005 and 2006 to pay for technical and legal assistance and for necessary equipment and supplies used in carrying out the provisions of this act and for reimbursing the per diem and mileage expenses of the committee. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to legislative cash balances. Payments from the appropriation shall be made upon vouchers signed by the director of the legislative council service or the director's authorized representative.
Section 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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