SENATE BILL 41

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Gerald Ortiz y Pino

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO THE LEGISLATURE; AMENDING SECTIONS OF CHAPTER 2, ARTICLE 13 NMSA 1978 TO ASSIGN MONITORING AND OVERSIGHT DUTIES AND TO PROVIDE YEAR-ROUND, PERMANENT STAFF TO THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE; ENACTING A NEW SECTION OF CHAPTER 2, ARTICLE 13 NMSA 1978 TO REQUIRE COMPLIANCE WITH THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE'S AND ITS SUBCOMMITTEES' REQUESTS FOR INFORMATION AND TO PROVIDE THE COMMITTEE AND ITS SUBCOMMITTEES WITH THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS; MAKING AN APPROPRIATION.

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

     SECTION 1. Section 2-13-2 NMSA 1978 (being Laws 1989, Chapter 349, Section 2) is amended to read:

     "2-13-2. DUTIES OF THE COMMITTEE.--The legislative health and human services committee shall [conduct a continuing study of] monitor and oversee the programs, agencies, policies, issues and needs relating to health and human services, including [review and study] monitoring and oversight of the statutes, constitutional provisions, regulations and court decisions governing such programs, agencies, policies and issues. The committee shall also [study] monitor and oversee the full continuum of programs and services available and needed for children and families and the aging population. The committee shall make an annual report of its findings and recommendations and recommend any necessary legislation to each session of the legislature."

     SECTION 2. Section 2-13-5 NMSA 1978 (being Laws 1989, Chapter 349, Section 5) is amended to read:

     "2-13-5. STAFF.--The [staff for the] legislative health and human services committee shall [be provided by the legislative council service] have a permanent, year-round staff assigned exclusively to carrying out the duties of the committee. The legislative council service shall provide the staff for the legislative health and human services committee, which shall include individuals with expertise in law, policy or finance related to health care delivery or finance or to human services matters."

     SECTION 3. A new section of Chapter 2, Article 13 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] COMPLIANCE WITH REQUESTS FOR INFORMATION--POWER TO CONDUCT HEARINGS AND ADMINISTER OATHS--SUBPOENA POWER.--

          A. The human services department, the department of health, the aging and long-term services department, the corrections department, the children, youth and families department, the workforce solutions department, the interagency behavioral health purchasing collaborative and every other state agency and political subdivision of the state shall, upon request, furnish and make available to the legislative health and human services committee, or any subcommittee of the legislative health and human services committee consisting of three members or more, documents, material or information requested by the committee or any subcommittee of the committee consisting of three members or more or the staff of the committee or subcommittee.

          B. The legislative health and human services committee may conduct hearings and administer oaths. The legislative health and human services committee or any subcommittee of the legislative health and human services committee consisting of three members or more may subpoena, which may be enforced through any district court of the state. Process of the legislative health and human services committee or any of its subcommittees shall be served by any sheriff or any member of the New Mexico state police and shall be served without cost to the legislative health and human services committee or its subcommittees."

     SECTION 4. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2016 to fund staffing for and the activities of the legislative health and human services committee pursuant to Section 1 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2016 shall revert to the general fund.

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