HOUSE BILL 69

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Jimmie C. Hall

AN ACT

RELATING TO ADMINISTRATIVE RULES; PROVIDING FOR LEGISLATIVE REVIEW OF ADMINISTRATIVE RULES ADOPTED BY STATE AGENCIES, BOARDS AND COMMISSIONS; PROVIDING PROCEDURES; AUTHORIZING AMENDMENT OR REPEAL OF ADMINISTRATIVE RULES.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Legislative Review Act".

     SECTION 2. TRANSMITTAL OF RULES FOR LEGISLATIVE ACTION--REFERRAL TO APPROPRIATE LEGISLATIVE COMMITTEE.--

          A. All rules authorized by law and adopted by any state agency, board or commission and filed as provided by the State Rules Act are subject to review, and to amendment or repeal, by the legislature.

          B. Any rule adopted by any state agency, board or commission on or after July 1, 2011 shall, upon request of the chief clerk of the New Mexico senate or the chief clerk of the New Mexico house of representatives, be transmitted by the state records administrator to the requesting body before the first day of the regular session of the legislature next following the adoption and filing of the rule.

          C. Any rule adopted by any state agency prior to July 1, 2011 shall, upon the request of the New Mexico senate or house of representatives, be transmitted by the state records administrator to the chief clerk of the requesting body of the legislature.

          D. A statement, separate from the rule, shall accompany each new rule and each amendment to an existing rule adopted during the preceding year. The statement shall enumerate each new rule or amendment to an existing rule and shall include the date of adoption and an explanation of the new rule or of each amendment made to an existing rule and the effect of the rule or amendment. The statement shall also indicate whether the rule or amendment was adopted as an emergency rule or amendment and whether public hearings were held prior to the adoption of the rule or amendment. The promulgating agency, board or commission shall prepare and furnish to the state records administrator sufficient copies of the rule or amendment and the accompanying statement for the legislature.

          E. Upon the request of any member of either house, any individual rule or amendment and its accompanying statement shall be referred to the appropriate standing committee in the same manner as bills are referred to standing committees.

     SECTION 3. EFFECT OF COMMITTEE ACTION.--By the thirtieth day of any regular session of the legislature held in an odd-numbered year and by the fifteenth day of any regular session held in an even-numbered year, the standing committee to which new rules or amendments to existing rules and their accompanying statements have been referred may report to the membership of the body its findings and recommendations concerning its review of new rules and amendments to existing rules referred to it. The report of the committee shall be printed in the journal. If the committee does not report by the day specified, such failure to report shall constitute legislative approval of the rule or amendment submitted. If the committee to which any rule or amendment has been referred is of the opinion that the rule or amendment is violative of the legislative intent of the statutory authority under which the rule is made, it may introduce along with its report a concurrent resolution repealing or amending the rule accordingly. If the concurrent resolution is adopted by the legislature, the rule shall be repealed or amended accordingly. Every rule promulgated within the authority conferred by law and in accordance with the State Rules Act shall be in force until it is repealed or amended by the legislature or repealed or amended by the adopting state agency, board or commission.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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