0001|                           SENATE BILL 166
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0002|     43RD LEGISLATURE -  STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          ROMAN M. MAES III
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0005|     
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0006|                                   
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0007|     
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0008|     
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0009|     
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0010|                                AN ACT
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0011|     CREATING A JOINT INTERIM LEGISLATIVE GASOLINE PRICING STUDY
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0012|     COMMITTEE; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  GASOLINE PRICING STUDY COMMITTEE CREATED--
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0016|     TERMINATION.--The "gasoline pricing study committee" is
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0017|     created as a joint interim legislative committee.  The
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0018|     committee shall function from the date of its appointment
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0019|     until December 1 prior to the first session of the forty-
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0020|     fourth legislature.
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0021|          Section 2.  MEMBERSHIP--APPOINTMENT--VACANCIES.--
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0022|               A.  The gasoline pricing study committee shall be
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0023|     composed of eight members.  Four members of the house of
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0024|     representatives shall be appointed by the speaker of the house
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0025|     of representatives, and four members of the senate shall be
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0001|     appointed by the committees' committee of the senate or, if
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0002|     the senate appointments are made in the interim, by the
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0003|     president pro tempore of the senate after consultation with
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0004|     and agreement of a majority of the members of the committees'
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0005|     committee.
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0006|               B.  Members shall be appointed from each house so
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0007|     as to give the two major political parties in each house the
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0008|     same proportional representation on the committee as prevails
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0009|     in each house; however, in no event shall either party have
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0010|     less than one member from each house on the committee. 
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0011|     Vacancies on the committee shall be filled by appointment in
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0012|     the same manner as the original appointments.  The chairman
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0013|     and vice chairman of the committee shall be elected by the
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0014|     committee.
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0015|               C.  No action shall be taken by the committee if a
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0016|     majority of the total membership from either house on the
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0017|     committee rejects such action.
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0018|          Section 3.  DUTIES.--After its appointment, the gasoline
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0019|     pricing study committee shall hold one organizational meeting
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0020|     to develop a work plan and budget for the ensuing interim. 
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0021|     The work plan and budget shall be submitted to the New Mexico
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0022|     legislative council for approval.  Upon approval of the work
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0023|     plan and budget by the legislative council, the committee
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0024|     shall examine the statutes, constitutional provisions,
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0025|     regulations, court decisions and the actions and agreements of
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0001|     gasoline retailers, distributors, wholesalers and refiners
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0002|     concerning the pricing of gasoline in New Mexico.  The
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0003|     committee shall report its findings and recommend legislation
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0004|     or changes if any are found to be necessary to the
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0005|     first session of the forty-fourth legislature.
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0006|          Section 4.  POWERS.--The gasoline pricing study committee
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0007|     shall have the power to conduct hearings and administer oaths. 
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0008|     The committee or any subcommittee thereof consisting of three
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0009|     members or more shall have the power to subpoena, which may be
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0010|     enforced through any district court of the state.  Process of
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0011|     the committee shall be served by any sheriff or any member of
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0012|     the New Mexico state police and shall be served without cost
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0013|     to the committee.
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0014|          Section 5.  SUBCOMMITTEES.--Subcommittees shall be
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0015|     created only by majority vote of all members appointed to the
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0016|     gasoline pricing study committee and with the prior approval
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0017|     of the New Mexico legislative council.  A subcommittee shall
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0018|     be composed of at least one member from the senate and one
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0019|     member from the house of representatives, and at least one
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0020|     member of the minority party shall be a member of the
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0021|     subcommittee.  All meetings and expenditures of a subcommittee
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0022|     shall be approved by the full committee in advance of such
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0023|     meeting or expenditure, and the approval shall be shown in the
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0024|     minutes of the committee.
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0025|          Section 6.  REPORT.--The gasoline pricing study committee
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0001|     shall make a report of its findings and recommendations for
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0002|     the consideration of the first session of the forty-fourth
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0003|     legislature.  The report and suggested legislation shall be
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0004|     made available to the New Mexico legislative council on or
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0005|     before December 15 preceding that session.
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0006|          Section 7.  STAFF.--The staff for the gasoline pricing
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0007|     study committee shall be provided by the legislative council
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0008|     service.  As identified in the approved work plan and budget,
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0009|     the legislative council service may contract for the services
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0010|     of attorneys, economists and other persons knowledgeable in
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0011|     the field of gasoline pricing to assist the committee in its
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0012|     duties.
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0013|          Section 8.  APPROPRIATION.--For the purpose of paying the
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0014|     salaries and expenses of the technical, legal, clerical and
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0015|     stenographic assistants, for necessary equipment and supplies
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0016|     used in carrying out the provisions of this act, for
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0017|     contractors and for reimbursing the per diem and mileage
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0018|     expenses of the gasoline pricing study committee, there is
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0019|     appropriated to the legislative council service from the
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0020|     general fund the sum of one hundred fifty thousand dollars
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0021|     ($150,000).  All or any part of this appropriation may be
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0022|     expended in fiscal years 1998 and 1999, and any unexpended or
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0023|     unencumbered balance remaining at the end of fiscal year 1999
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0024|     shall revert to the general fund.  Payments from the
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0025|     appropriation shall be made upon vouchers signed by the
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0001|     director of the legislative council service or his authorized
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0002|     representative.
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0003|          Section 9.  EMERGENCY.--It is necessary for the public
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0004|     peace, health and safety that this act take effect
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0005|     immediately.
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0006|                              
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