HOUSE BILL 482
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Sheryl Williams Stapleton
AN ACT
RELATING TO PUBLIC EDUCATION; AUTHORIZING THE NEW MEXICO LEGISLATIVE COUNCIL TO EXAMINE RULES PROMULGATED AND ADOPTED BY THE PUBLIC EDUCATION DEPARTMENT AND MAKE RECOMMENDATIONS TO THE FULL LEGISLATURE; REQUIRING THE SECRETARY OF PUBLIC EDUCATION TO BE CONFIRMED BY THE SENATE BEFORE EXERCISING RULEMAKING AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] LEGISLATIVE REVIEW OF PUBLIC EDUCATION DEPARTMENT RULES.--
A. The department shall file a copy of a proposed rule with the New Mexico legislative council at the time the rule is promulgated.
B. The New Mexico legislative council shall examine each proposed rule to determine whether the rule:
(1) is a valid exercise of delegated legislative authority;
(2) is necessary to accomplish the requirements of the specific statute that the rule implements; and
(3) is a reasonable implementation of the law as it applies to any affected class of persons.
C. Upon the New Mexico legislative council‛s request, the department shall provide the council with the information necessary to exercise the powers provided in Subsection B of this section.
D. As necessary, the New Mexico legislative council shall consult with the legislative education study committee and the legislative finance committee or other committees of the legislature with subject matter jurisdiction over the subjects under the rule that the council is examining."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] LEGISLATIVE REVIEW--PROCEDURES AND POWERS.--
A. No later than thirty days after receiving a copy of a proposed rule from the department, the New Mexico legislative council shall:
(1) approve the rule;
(2) disapprove the rule and propose an amendment to the rule; or
(3) disapprove the rule.
B. The New Mexico legislative council shall make recommendations to the legislature on the approval or disapproval of all department rules.
C. All rules approved by the legislature shall become effective on the date specified by the department.
D. No rule shall be adopted if the rule has not been approved by the legislature."
SECTION 3. Section 2-3-3 NMSA 1978 (being Laws 1951, Chapter 182, Section 3, as amended) is amended to read:
"2-3-3. LEGISLATIVE COUNCIL--POWERS--DUTIES.--It [shall be] is the duty of the New Mexico legislative council to:
A. [to] adopt rules and regulations for the administration of [this act] Chapter 2, Article 3 NMSA 1978 in the conduct of the affairs of the legislative council service;
B. [to] formulate policies for the operation and conduct of the business of the legislative council service and generally to supervise all of the activities of [such] the council service;
C. [to] carry out the purposes of the legislative council service as hereafter set forth;
D. [to] create committees of legislators to study major problems during the periods when the legislature is not in session; provided that:
(1) no member of the council shall serve as an officer or voting member on an interim committee appointed or created by the council;
(2) all committees created by the council shall terminate on or before December 1 of the year in which they are created unless the council subsequently extends the life of the committee for not more than one month;
(3) the minority party shall be represented on all council-created committees in the proportion the minority party is represented in each house;
(4) the relationship of the size of the house and senate shall be taken into consideration in determining the number of members from each house appointed to an interim committee created by the council; and
(5) members shall be appointed to council-created committees by the same appointing authorities that appoint the council members from each house and subject to the same recommendations. The council shall name committee officers from among the committee members so appointed;
E. [to] adopt rules of procedure for all committees created by the council, including a rule that no action shall be taken by [the] a committee if a majority of the total membership from either house on the committee rejects such action; provided that no member of the legislature shall ever be excluded from any meeting of any committee appointed by the council; [and]
F. [to] refrain from advocating or opposing the introduction or passage of legislation; and
G. review rules promulgated by the public education department and make recommendations to the legislature on adoption of those rules."
SECTION 4. Section 9-24-5 NMSA 1978 (being Laws 2004, Chapter 27, Section 5) is amended to read:
"9-24-5. SECRETARY--APPOINTMENT.--
A. The administrative head of the department is the "secretary of public education", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority, except for the authority to promulgate and adopt rules of that office during the period of time prior to final action by the senate confirming or rejecting [his] the secretary designate's appointment."
SECTION 5. Section 22-2-1 NMSA 1978 (being Laws 1990 (1st S.S.), Chapter 9, Section 10, as amended) is amended to read:
"22-2-1. SECRETARY AND DEPARTMENT--GENERAL POWERS.--
A. The secretary is the governing authority and shall have control, management and direction of all public schools, except as otherwise provided by law.
B. The department may:
(1) adopt, promulgate and enforce rules to exercise its authority and the authority of the secretary;
(2) enter into contracts to carry out its duties;
(3) apply to the district court for an injunction, writ of mandamus or other appropriate relief to enforce the provisions of the Public School Code or rules promulgated pursuant to the Public School Code; and
(4) waive provisions of the Public School Code as authorized by law.
C. No rule shall:
(1) be issued except within the power delegated to the secretary and the department as authorized by law; and
(2) take effect after July 1, 2013 that has not been submitted to the New Mexico legislative council for review."
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