House Bill text for HB0461

HOUSE BILL 461

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Ben Lujan

FOR THE PUBLIC EMPLOYEE BENEFITS OVERSIGHT SUBCOMMITTEE

AN ACT

RELATING TO THE LEGISLATURE; CREATING A JOINT INTERIM COMMITTEE FOR THE OVERSIGHT OF PUBLIC EMPLOYEE BENEFITS PROGRAMS AND FUNDS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. PUBLIC EMPLOYEE BENEFITS OVERSIGHT COMMITTEE CREATED.--There is created a joint interim legislative committee that shall be known as the "public employee benefits oversight committee". The committee shall function from the date of its appointment until the first day of December prior to the first session of the forty-ninth legislature.

Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--

A. The public employee benefits oversight committee shall be composed of six members. Three members of the house of representatives shall be appointed by the speaker of the house of representatives and three 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 public 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 appointed by the New Mexico legislative council to serve for one interim. Appointments to the position of chair shall alternate on an annual basis between the house of representatives and the senate. The position of vice chair shall always be from the chamber that does not hold the position of chair.

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. DUTIES.--

A. After its appointment, the public 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 public employee benefits oversight committee shall take into consideration the public interest in ensuring that the benefits programs administered by the retiree health care authority, the public school insurance authority, Albuquerque public schools and the state group benefits program are financially sound and are efficiently providing adequate benefits to their members' employees or retirees and their dependents. The committee shall also review the status of funds and practices of unemployment insurance, workers' compensation, public employees retirement and educational retirement programs.

C. The public 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 public employee benefits oversight committee shall examine:

(1) the statutes, constitutional provisions, regulations and court decisions governing the benefits plans provided by the retiree health care authority, the public school insurance authority, the state group benefits program, the workers' compensation administration, the public employees retirement association and the educational retirement board and the administration and delivery of unemployment insurance;

(2) the actuarial health of the funds supporting the programs, the present and future costs of maintaining the programs, the extent of any forecasted funding deficit or surplus and the extent to which the legislature is responsible for funding the programs, the reserves or administration of the programs;

(3) the adequacy of the plans, policies, delivery of services and administration; and

(4) with regard to the public employee, educational employee and retiree benefit programs, whether greater coordination and delivery of benefit plans with increased similarity of components would provide greater economies for employers and employees and in administration of the programs.

Section 4. SUBCOMMITTEES.-- Subcommittees shall be created only by majority vote of all members appointed to the public 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. REPORT.--The public 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 of each interim.

Section 6. STAFF.--The staff for the public employee benefits oversight committee shall be provided by the legislative council service.

Section 7. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from legislative cash balances to the legislative council service for expenditure in fiscal years 2006 and 2007 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 2007 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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