SENATE BILL 528

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Bernadette M. Sanchez

AN ACT

RELATING TO LEGISLATIVE INTERIM COMMITTEES; CREATING THE INTERIM REGULATORY PROCESS AND ADMINISTRATIVE LAW COMMITTEE; MAKING AN APPROPRIATION.

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

     Section 1. CREATION OF COMMITTEE.--The joint interim legislative "regulatory process and administrative law committee" is created. The committee shall function from the date of its appointment until December 15 prior to the first session of the fiftieth legislature.

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

          A. The regulatory process and administrative law committee shall be composed of ten voting members. The New Mexico legislative council shall annually appoint five members from the house of representatives, with at least two members 2

from the minority party, and five members from the senate, with at least two members from the minority party. At the time of making the appointments, the New Mexico legislative council shall designate the chair and vice chair. Advisory members may be appointed by the council.

          B. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments.

          C. Members of the committee shall be paid per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act.

     Section 3. DUTIES.--After its appointment, the regulatory process and administrative law 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. Upon approval of the work plan and budget by the New Mexico legislative council, the committee shall:

          A. conduct a continuing study of the benefits and challenges of existing agency regulatory process and structure;

          B. review the model Administrative Procedures Act and other regulatory process legislation;

          C. recommend any necessary legislative action to improve regulatory processes, including a time line for implementation of any recommended changes; and

          D. make a full report of its findings and recommendations.

     Section 4. STAFF.--The staff for the regulatory process and administrative law committee shall be provided by the legislative council service and the director of the administrative law division of the state records center and archives.

     Section 5. APPROPRIATION.--Ninety thousand dollars ($90,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2009 to support the regulatory process and administrative law committee. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

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