SENATE BILL 288

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Timothy Z. Jennings

AN ACT

RELATING TO GOVERNMENT OVERSIGHT; CREATING THE INTERIM OVERSIGHT AND GOVERNMENT REFORM COMMITTEE.

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

     SECTION 1. A new section of Chapter 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] OVERSIGHT AND GOVERNMENT REFORM COMMITTEE CREATED--MEMBERS--APPOINTMENT--TERMS--VACANCIES--COMMITTEE CHAIRS.--

          A. There is created a joint interim committee of the legislature to be called the "oversight and government reform committee". The committee shall be composed of eight voting members.

          B. The speaker of the house of representatives, the president pro tempore of the senate, the minority floor leader of the house of representatives and the minority floor leader of the senate shall each appoint two members to the committee. Members shall be appointed from each chamber so as to give the two major political parties in each chamber equal representation on the committee.

          C. Members shall be appointed for terms of two years beginning with the start of each legislature. The term of any member shall terminate when the member ceases to be a member of the legislature.

          D. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments. A member appointed to fill a vacancy shall serve until the end of the term for the member being replaced.

          E. The speaker of the house of representatives and the president pro tempore of the senate shall each designate one co-chair of the committee."

     SECTION 2. A new section of Chapter 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] POWERS AND DUTIES--HEARINGS--OATHS-- STAFF--RULES.--

          A. The oversight and government reform committee may:

                (1) review the conduct of any legislator, public officer or employee covered by the Governmental Conduct Act;

                (2) review any contracts entered into by the executive branch, including any cabinet department, adjunct agency or administratively attached agency or any other entities governed by the Executive Reorganization Act;

                (3) compel witnesses to appear to testify at meetings of the committee; and

                (4) compel documents or other materials to be produced to the committee.

          B. The committee shall have the power to conduct hearings and to administer oaths.

          C. The staff for the oversight and government reform committee shall be provided by the legislative council service. The committee may employ a special counsel or outside consultants as necessary.

          D. The committee may draft rules consistent with its powers."

     SECTION 3. A new section of Chapter 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SUBPOENA POWER--REIMBURSEMENT FOR APPEARANCE--ENFORCEMENT.--

          A. The oversight and government reform committee may, upon a majority vote of the committee members, issue subpoenas on its own behalf in order to:

                (1) compel testimony before the committee; and

                (2) compel the production of documents or other materials to the committee.

          B. The committee may, upon a majority vote of the committee members, issue subpoenas on behalf of other interim committees of the legislature in order to:

                (1) compel testimony before those interim committees; and

                (2) compel the production of documents or other materials to those committees.

          C. Subpoenas shall be signed by one of the co-chairs of the committee.

          D. Process of the committee shall be served by any sheriff or any member of the New Mexico state police and shall be served without cost to the committee.

          E. A person subpoenaed to attend a hearing of a legislative interim committee shall receive the same fees and expenses provided by law for witnesses in district court; except that employees of any branch of state or local government who are subpoenaed in their official capacity shall be reimbursed for travel and expenses as provided by the statutes or regulations pertaining to their department or agency, if applicable.

          F. In case of failure or refusal on the part of a person to comply with any subpoena issued by the committee, any judge of the first judicial district court, on application of the chief clerk of the house of representatives or the senate, may issue an attachment for that person and compel the person to comply with the subpoena and to appear or produce the relevant records and testify upon those matters as may be lawfully required. The judge may punish the person for contempt of the legislature, and, if found guilty, the person may be punished by a fine of not more than five hundred dollars ($500) or by imprisonment in county jail for not more than six months or by both such fine and imprisonment in the discretion of the judge."

     SECTION 4. A new section of Chapter 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COOPERATION.--Each agency or institution of the state and its political subdivisions shall, upon request, furnish and make available to the oversight and government reform committee such documents, material or information as may be requested by the members of the committee or its staff that are not made confidential by law."

     SECTION 5. A new section of Chapter 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] NEW MEXICO LEGISLATIVE COUNCIL--BUDGET.--The New Mexico legislative council shall annually provide an amount sufficient to carry out the duties and mandate of the oversight and government reform committee."

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.