HOUSE BILL 358

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Antonio "Moe" Maestas and Daymon Ely

AN ACT

CREATING A JOINT INTERIM LEGISLATIVE PUBLIC FEES AND FUNDS STUDY COMMITTEE; MAKING AN APPROPRIATION.

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

     SECTION 1. [NEW MATERIAL] PUBLIC FEES AND FUNDS STUDY COMMITTEE CREATED--TERMINATION.--The "public fees and funds study committee" is created as a joint interim legislative committee. The committee shall function from the date of its appointment until December 1 prior to the first session of the fifty-fourth legislature.

     SECTION 2. [NEW MATERIAL] MEMBERSHIP--APPOINTMENT--VACANCIES.--

          A. The public fees and funds study committee shall be composed of eight members. The New Mexico legislative council shall appoint four members from the house of representatives and four members from the senate. At the time of making the appointments, the legislative council shall designate the chair and vice chair of the committee.

          B. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; provided, however, that in no event shall either party have less than one member from each house on the committee.

          C. At the request of the committee chair, members may be removed from the committee by the New Mexico legislative council for nonattendance according to legislative council policy. Vacancies on the committee, however caused, may be filled by the legislative council, or the legislative council may reduce the size of the committee by not making replacement appointments. If the legislative council reduces the size of the committee, it need not readjust party representation unless a party has less than one member on the committee.

          D. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects the action.

     SECTION 3. [NEW MATERIAL] DUTIES.--

          A. After its appointment, the public fees and funds study committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval.

          B. Upon approval of its work plan and budget, the committee shall:

                (1) study federal and state constitutional, statutory and rule provisions governing special funds;

                (2) study the proliferation of earmarked and other funds and accounts that are created separately from the general fund, including revenue sources, profits and losses on investment of the funds and accounts, management and efficiency of funds and accounts and the degree of legislative control over appropriations from the funds and accounts;

                (3) assess the costs and benefits of these separate funds and accounts, including whether the need for a special earmarked fund or account still exists;

                (4) study statutory fees and state agency-created administrative fees, how they are accounted for and their uses and whether they are subject to appropriation by the legislature;

                (5) assess the efficiency of allowing state agencies to keep and budget fees rather than depositing fees in the general fund for legislative appropriation; and

                (6) study other matters pertaining to money received from the public and accounted for separately from the general fund.

           C. The committee may recommend legislation or other changes to the first session of the fifty-fourth legislature.

     SECTION 4. [NEW MATERIAL] REPORT.--The public fees and funds study committee shall make an interim report to the second session of the fifty-third legislature and a final report of its findings and recommendations for the consideration of the first session of the fifty-fourth legislature. The reports and proposed legislation shall be made available to the New Mexico legislative council on or before December 15 preceding the legislative session.

     SECTION 5. [NEW MATERIAL] STAFF.--The staff for the committee shall be provided by the legislative council service.

     SECTION 6. APPROPRIATION.--Forty thousand dollars ($40,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2018 and 2019 to reimburse the per diem and mileage expenses of the public fees and funds study committee members and to pay the other expenses of the committee. Payments from the appropriation shall be made on warrants drawn by the secretary of finance and administration on vouchers signed by the director of the legislative council service or the director's authorized representative. Any unexpended or unencumbered balance remaining at the end of fiscal year 2019 shall revert to the general fund.

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