HOUSE JOINT RESOLUTION 15

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Randall T. Pettigrew and James G. Townsend

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 4 OF THE CONSTITUTION OF NEW MEXICO TO CREATE A PERMANENT INTERIM ADMINISTRATIVE RULE OVERSIGHT COMMITTEE AND ALLOW THAT COMMITTEE TO OVERTURN EXECUTIVE AGENCY RULES.

 

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

     SECTION 1. It is proposed to amend Article 4 of the constitution of New Mexico by adding a new section to read:          "A. The "interim administrative rule oversight committee" is established. The committee consists of twelve members who shall be appointed as follows:

                (1) three members shall be appointed by the majority floor leader of the house of representatives;

                (2) three members shall be appointed by the minority floor leader of the house of representatives;

                (3) three members shall be appointed by the majority floor leader of the senate; and

                (4) three members shall be appointed by the minority floor leader of the senate.

          B. The position of chair shall alternate between the house and the senate and the two political parties having the most members in both houses each year; provided that at no time shall the political parties having the most members in both houses not be represented as either a chair or a vice chair.

          C. Members shall be appointed for two-year terms that shall expire on the first day of each odd-numbered year regular session. The term of a member shall terminate when the member ceases to be a member of the legislature. A member may be removed at any time by the member's appointing authority. Vacancies on the interim administrative rule oversight committee shall be filled for the unexpired term by the respective appointing authority that makes the original appointments.

          D. The interim administrative rule oversight committee shall meet no less than one time per month during the interim.

          E. During the interim, the interim administrative rule oversight committee shall:

                (1) review rules proposed by an executive agency, committee staff analysis of the rules and fiscal impacts associated with the rules two weeks prior to the public rule hearing for the rules, except when the legislature is in session;

                (2) make recommendations on the rules to the proposing executive agency;

                (3) recommend changes to the authorizing statutes of a rule to clarify legislative intent; and

                (4) direct the work of committee staff.

          F. The interim administrative rule oversight committee may endorse legislation as is necessary to amend or repeal a statute authorizing an agency to promulgate rules.

          G. The interim administrative rule oversight committee shall have the authority to overturn existing agency rules when the committee determines that doing so is necessary.

          H. A notice of proposed rulemaking from an executive agency shall be distributed to the staff and members of the interim administrative rule oversight committee. Staff of the committee shall develop a written analysis of the proposed rule that shall consider:

                (1) the proposed rule in relation to the scope of the authorizing statute;

                (2) the necessity of the proposed rule;

                (3) the fiscal impact of the proposed rule on state agencies, political subdivisions, regulated persons, businesses and all other foreseeable stakeholders if a fiscal impact statement is required as provided by law or otherwise requested by the committee pursuant to Subsection J of this section;

                (4) legal implications of the proposed rule on existing federal and state laws; and

                (5) the proposing agency's compliance with notice requirements for the promulgation of executive agency rules.

          I. A fiscal impact statement shall include:

                (1) the fiscal impact of the proposed rule on other agencies, municipalities, counties, business sectors and other entities that will be impacted by the proposed rule;

                (2) the necessity of the rule;

                (3) a statement of whether and how the rule is consistent with the legislative intent of the authorizing statute;

                (4) whether the rule amounts to a mandate on counties and municipalities and, if so, whether that mandate is funded or unfunded; and

                (5) whether the rule is necessary to comply with a federal mandate.

          J. The interim administrative rule oversight committee and its staff at the request of committee members may request a fiscal impact statement from the agency proposing a rule after receiving the rule even if the fiscal impact of the rule does not exceed one million dollars ($1,000,000).

          K. The staff of the interim administrative rule oversight committee shall provide to committee members the written analysis and the corresponding rule at least ten days prior to the committee meeting at which the proposed rule will be reviewed.

          L. The interim administrative rule oversight committee shall review the proposed rule and approve recommendations to be provided to the proposing agency. Following a meeting at which the proposed rule is reviewed, committee staff shall submit the committee's approved recommendations in writing to the proposing agency during the public comment period for the proposed rule as provided by law. These written recommendations shall also be submitted to the office of the attorney general and the governor.

          M. The requirements of this section shall not apply to emergency rules."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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