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