Senate Bill text for SB0018

SENATE BILL 18

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO ADMINISTRATIVE PROCEDURES; AMENDING A SECTION OF THE EXECUTIVE REORGANIZATION ACT TO PROVIDE FOR NEGOTIATED RULEMAKING COMMITTEES.

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

Section 1. Section 9-1-9 NMSA 1978 (being Laws 1977, Chapter 248, Section 9) is amended to read:

"9-1-9. CREATION OF ADVISORY COMMITTEES--WHO MAY CREATE--FILING--APPLICATIONS--COMPOSITION--LIFE SPAN--TITLE--QUORUM--COMPENSATION.--

A. Advisory committees may be created. "Advisory" [shall mean] means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and [shall] does not extend to administering a program or function or setting policy unless specified by law.

B. The governor or a department secretary, with approval of the governor, may create advisory committees.

C. Each creating authority must file with the governor and the secretary of finance and administration a record of the advisory committee created, showing the committee's:

(1) name;

(2) composition;

(3) appointed members' names and addresses; and

(4) purpose and term of existence.

D. The secretary of each department created by the Executive Reorganization Act shall, upon the effective date of the Executive Reorganization Act, file a record of each advisory committee within the department not abolished. Upon the filing of such a record, the provisions of this section shall apply to each such advisory committee.

E. The creating authority shall prescribe the composition and functions of each advisory committee created, appoint its members who shall serve at the pleasure of the creating authority and specify a date when the existence of each advisory committee ends.

F. No advisory committee may be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by executive order of the governor. If the existence of an advisory committee is extended, the extension shall not be for more than two years.

G. Each advisory committee created under this section shall be known as the "_____________________________ advisory committee".

H. A majority of the membership of an advisory committee [shall constitute] constitutes a quorum.

I. Each member of an advisory committee may receive compensation for travel and per diem expenses incurred in the performance of [their] the member's duties within budgeted amounts and in accordance with the provisions of the Per Diem and Mileage Act.

J. A department secretary may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the secretary determines that the use of the negotiated rulemaking procedure is in the public interest. The membership of a negotiated rulemaking committee shall be a balanced representation of persons and stakeholders of interest who are willing to negotiate in good faith to reach a consensus on the proposed rule. The secretary shall, consistent with the lawful duties of the agency, use the consensus of the committee as the basis for developing the rule proposed by the agency. The secretary may employ or contract for services of a convenor or facilitator in organizing a committee and conducting meetings of the committee. If a secretary decides to establish a negotiated rulemaking committee, the secretary shall notify the public by publishing a notice. Persons who will be significantly affected by a proposed rule may apply for membership on the negotiated rulemaking committee. The secretary shall provide for a period of at least thirty calendar days for the submission of applications for membership. The secretary shall limit membership on a negotiated rulemaking committee to twenty-five members. A convenor or facilitator approved or selected by a committee shall chair the meetings of the committee in an impartial manner. If a committee reaches a consensus on a proposed rule, at the conclusion of negotiations, the committee shall transmit to the secretary that established the committee a report containing the proposed rule. If the committee does not reach a consensus on a proposed rule, the committee may transmit to the secretary a report specifying any areas in which the committee reached a consensus. By July of each year, each secretary who has established a negotiated rulemaking committee shall prepare a written report to submit to the governor, the president pro tempore of the senate, the speaker of the house of representatives and the appropriate interim committee or committees for review regarding the number of rulemaking proceedings engaged in by the agency and whether negotiated rulemaking under this subsection was considered and used. If a negotiated rulemaking committee reaches consensus and the agency later adopts a final rule that is inconsistent with the consensus of the negotiated rulemaking committee, the secretary shall include in the written report a listing of all facts and legal reasons why the agency departed from the consensus of the negotiated rulemaking committee."

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