46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO THE LEGISLATURE; REDUCING THE SIZE OF THE LEGISLATIVE FINANCE COMMITTEE; PROVIDING THAT THE CHAIRS OF THE HOUSE EDUCATION COMMITTEE AND THE SENATE EDUCATION COMMITTEE WILL BE NONVOTING ADVISORY MEMBERS OF THE LEGISLATIVE FINANCE COMMITTEE; PROVIDING FOR A DESIGNEE TO SERVE AT LEGISLATIVE FINANCE COMMITTEE MEETINGS OR LEGISLATIVE EDUCATION STUDY COMMITTEE MEETINGS IF A REGULAR MEMBER IS GOING TO BE ABSENT; LIMITING CERTAIN INTERIM COMMITTEE MEETINGS OUTSIDE OF THE STATE CAPITOL.

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

Section 1. Section 2-5-1 NMSA 1978 (being Laws 1957, Chapter 3, Section 1, as amended) is amended to read:

"2-5-1. LEGISLATIVE FINANCE COMMITTEE CREATED--TERMS--

VACANCIES.--

A. There is created a continuing joint interim committee of the legislature to be designated the "legislative finance committee". The committee shall be composed of [sixteen] fifteen members, eight members from the house of representatives and [eight] seven members from the senate. The [chairmen] chairs of the house appropriations and finance and house taxation and revenue committees and the senate finance committee or members of their respective committees designated by each of them from time to time shall be members. The chairs of the house education committee and the senate education committee or members of their respective committees designated by each of them from time to time shall be nonvoting advisory members. The minority party shall be represented on the committee by at least one member from each house. Six of the remaining members shall be appointed from the house of representatives by the speaker, and the [seven] six remaining members shall be appointed from the senate by the committees' committee or, if the appointments are made in the interim, by the president pro tempore after consultation with and agreement of a majority of the members of the committees' committee. [An appointed member may designate a member of his party to serve in his place at a committee meeting at which the] If a regular member is going to be absent from a committee meeting, the regular member may designate a legislator from the same house and party to serve in the regular member's place at the meeting if the member notifies the [chairman] chair of the legislative finance committee of [his] the anticipated absence and [his] notifies the designee at least twenty-four hours before the committee meeting. The regular member shall select the designee from a list of potential designees appointed by the appointing authority for each house. The list shall be maintained in the offices of the legislative finance committee. The appointed members of the committee shall be appointed from each house so as to give the two political parties having the most members in each house the same total proportionate representation on the committee as prevails in that house; provided that in the computation, major fractions shall be counted as whole numbers. Minority members from the house shall be appointed by the speaker only from recommendations made by the minority floor leader, although the speaker shall retain the right to reject any such recommendations.

B. Members shall be appointed for terms of two years [and shall serve from the time of their appointment until the end of the next session of the legislature]; provided, the term of any member shall terminate when the member ceases to be a member of the legislature.

C. Vacancies in the committee may be filled for the unexpired term by appointment from the house or senate respectively by the respective appointing authority that makes the original appointments and subject to the same recommendations; provided the new members shall be from the same house of the legislature and the same party from which their predecessors were appointed. The committee shall elect from its membership such other officers as may be deemed necessary. The officers shall be appointed for terms coterminous with their membership on the committee. Each office shall be alternated between the respective houses each two years. [For the terms beginning in 1979, the chairman shall be a senate member and the vice chairman, if any, shall be a house member.] The appointing authority of each house shall exercise its appointing authority by naming the [chairman] chair or vice [chairman] chair, respectively, on this alternating basis.

D. [No] An action shall not be taken by the committee if a majority of the total membership from either house on the committee rejects the action.

E. The legislative finance committee shall not meet outside of the state capitol after August 31 of each year without the prior approval of the New Mexico legislative council."

Section 2. Section 2-10-1 NMSA 1978 (being Laws 1971, Chapter 287, Section 1, as amended) is amended to read:

"2-10-1. CREATION OF COMMITTEE--MEMBERS--NUMBER--APPOINTMENT--TERM OF OFFICE.--

A. A permanent joint interim committee of the legislature to be called the "legislative education study committee" is created. The committee shall be composed of ten members, four from the senate and six from the house. The house education committee and the senate education committee shall be represented. The committee members shall be appointed for two-year terms, which shall expire on the first day of each odd-year session. The term of any member shall terminate when such member ceases to be a member of the legislature. Members shall be appointed by the committees' committee of the senate or, if the appointment is made in the interim, by the president pro tempore, after consultation with and agreement of a majority of the members of the committees' committee, and the speaker of the house of representatives; provided, however, minority members shall be appointed by the speaker only from recommendations made by the minority floor leader, although the speaker shall retain the right to reject any such recommendations. If a regular member is going to be absent from a committee meeting, the regular member may designate a legislator from the same house and party to serve in the regular member's place at the meeting if the member notifies the chair of the committee of the anticipated absence and the name of the designee at least twenty-four hours before the committee meeting. The regular member shall select the designee from a list of potential designees appointed by the appointing authority for each house. The list shall be maintained in the offices of the legislative education study committee. Vacancies on the committee shall be filled for the unexpired term by the respective appointing authority [which] that makes the original appointments and subject to the same recommendations, provided that members shall be appointed from the respective houses, parties and committees so as to maintain the same number of house and senate members and the same representation of standing committees as provided in the original appointments. Each of the two parties having the largest number of members in the legislature shall be represented on the committee in proportion to the membership of each such party in each house; provided that in the computation, major fractions shall be counted as whole numbers, and in no event shall either of the two major parties have less than one member from each house.

B. The officers shall be appointed for terms coterminous with their membership on the committee. Each office shall be alternated between the respective houses each two years. [For the terms beginning in 1979, the chairman shall be a house member and the vice chairman, if any, shall be a senate member.] The appointing authority of each house shall exercise its appointing authority by naming the [chairman] chair or vice [chairman] chair, respectively, on this alternating basis.

C. [No] An action shall not be taken by the committee if a majority of the total membership from either house on the committee rejects such action.

D. The legislative education study committee shall not meet outside of the state capitol after August 31 of each year without the prior approval of the New Mexico legislative council."