SENATE BILL 242
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Dede Feldman
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO THE LEGISLATURE; CREATING THE LEGISLATIVE HEALTH COMMITTEE; CREATING THE HUMAN SERVICES OVERSIGHT COMMITTEE; ABOLISHING THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE; CREATING A HEALTH UNIT OF THE LEGISLATIVE COUNCIL SERVICE; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] LEGISLATIVE HEALTH COMMITTEE--CREATED--MEMBERS--APPOINTMENT--TERMS--STAFF.--
A. A permanent joint interim committee of the legislature to be called the "legislative health committee" is created. The committee shall be composed of fourteen voting members, seven from the senate and seven from the house of representatives. The house health and government affairs committee and the senate public affairs committee shall be represented. The committee members shall be appointed for terms of two years or less, expiring on the first day of each regular session that convenes in an odd-numbered year. The term of any member shall terminate when the member ceases to be a member of the legislature. Members of the senate 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. Members of the house of representatives shall be appointed by the speaker of the house of representatives. Minority members shall be appointed by the speaker only from recommendations made by the minority floor leader; provided that the speaker shall retain the right to reject any such recommendations. Vacancies on the committee shall be filled for the unexpired term by the respective appointing authority that makes the original appointments and shall be 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 greatest 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 of the legislative health committee shall be a chair and a vice chair. Each office shall be alternated between the respective houses every two years. For the term beginning in 2010, the chair shall be a house member and the vice chair shall be a senate member. The appointing authority of each house shall exercise its appointing authority by naming the chair or vice chair respectively on this alternating basis.
C. No action shall be taken by the legislative health committee if a majority of the total membership from either house on the committee rejects such action.
D. Staff for the legislative health committee shall be provided by the legislative council service.
Section 2. [NEW MATERIAL] LEGISLATIVE HEALTH COMMITTEE--POWERS AND DUTIES.--The committee shall conduct a continuing study of the programs, agencies, policies, issues and needs relating to health care services and health coverage, including review and study of the statutes, constitutional provisions, regulations and court decisions governing such programs, agencies and issues. The committee shall oversee all aspects of medical assistance programs and other health-related programs of the human services department, the department of health, the aging and long-term services department and the children, youth and families department. The committee shall make an annual report of its findings and recommendations and recommend any necessary legislation to each session of the legislature. The report and suggested legislation shall be made available to the New Mexico legislative council on or before December 15 preceding each session.
Section 3. [NEW MATERIAL] SUBCOMMITTEES.--Subcommittees shall be created only by majority vote of all members appointed to the committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of a meeting or an expenditure, and the approval shall be shown in the minutes of the committee.
Section 4. [NEW MATERIAL] HEALTH UNIT.--
A. The legislative council service shall establish a "health unit", staffed by persons knowledgeable and proficient in the areas of health coverage and delivery of health care services, health care economics, research, law or policy analysis.
B. The health unit shall staff the legislative health committee, conduct research and develop policy options regarding health coverage and access to health care services, provider supply and quality of health care services, health coverage and other health issues.
Section 5. Section 2-17-1 NMSA 1978 (being Laws 1998, Chapter 8, Section 21 and Laws 1998, Chapter 9, Section 21, as amended by Laws 2003, Chapter 311, Section 1 and by Laws 2003, Chapter 432, Section 1) is amended to read:
"2-17-1. [WELFARE REFORM] HUMAN SERVICES OVERSIGHT COMMITTEE CREATED [TERMINATION].--The joint interim legislative ["welfare reform] "human services oversight committee" is created. [The committee shall function from the date of its appointment until December 15 prior to the first session of the forty-ninth legislature.]"
Section 6. Section 2-17-2 NMSA 1978 (being Laws 1998, Chapter 8, Section 22 and Laws 1998, Chapter 9, Section 22) is amended to read:
"2-17-2. MEMBERSHIP--APPOINTMENT--VACANCIES.--
A. The [welfare reform] human services oversight committee shall be composed of twelve members. The New Mexico legislative council shall appoint six members from the house of representatives and six members from the senate. At the time of making the appointment, the legislative council shall designate the [chairman] chair and vice [chairman] 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; however, in no event shall either party have less than one member from each house on the committee. At the request of the committee [chairman] chair, members may be removed from the committee by the New Mexico legislative council for nonattendance according to council policy. Vacancies on the committee, however caused, may be filled by the legislative council, or the council may reduce the size of the committee by not making replacement appointments and in that case need not readjust party representation.
C. An action shall not be taken by the committee if a majority of the total membership from either house on the committee rejects that action."
Section 7. Section 2-17-3 NMSA 1978 (being Laws 1998, Chapter 8, Section 23 and Laws 1998, Chapter 9, Section 23) is amended to read:
"2-17-3. DUTIES.--
A. After its appointment, the [welfare reform] human services oversight 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. Upon approval of the work plan and budget by the legislative council, the committee shall:
(1) examine the statutes, constitutional provisions and rules governing [welfare reform] human services in New Mexico;
(2) monitor and oversee the implementation of the New Mexico Works Act;
(3) review issues related to [welfare reform] human services, including job training programs and related contracts; cash assistance; child care, transportation and other job-related services; and other issues that arise because of the devolution of the federal [welfare] human services programs to the states; [and
(4) make recommendations relating to the adoption of rules and legislation, if any are found to be necessary]
(4) conduct a continuing study of the programs, agencies, policies, issues and needs relating to human services in New Mexico, including review and study of the statutes, constitutional provisions, regulations and court decisions governing such programs, agencies, policies, issues and needs;
(5) study the full continuum of programs and services available and needed for children, families and the aging population; and
(6) prepare and publish by December 15 of each year for the upcoming legislative session an annual report of its findings and recommendations relating to the adoption of rules and legislation, if any are found to be necessary.
B. The committee shall regularly receive testimony from the secretaries of human services; [labor] workforce solutions; children, youth and families; [and] health; and [the superintendent of public instruction] public education on issues arising from the implementation of the New Mexico Works Act and shall review proposed rules, schedules and formulae before adoption."
Section 8. Section 2-17-4 NMSA 1978 (being Laws 1998, Chapter 8, Section 24 and Laws 1998, Chapter 9, Section 24) is amended to read:
"2-17-4. SUBCOMMITTEES.--Subcommittees shall be created only by majority vote of all members appointed to the [welfare reform] human services oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. Any meeting or expenditure of a subcommittee shall be approved by the full committee in advance of that meeting or expenditure, and the approval shall be shown in the minutes of the committee."
Section 9. Section 2-17-6 NMSA 1978 (being Laws 1998, Chapter 8, Section 26 and Laws 1998, Chapter 9, Section 26) is amended to read:
"2-17-6. STAFF.--The staff for the [welfare reform] human services oversight committee shall be provided primarily by the legislative council service, but the legislative council service may request the assistance of the legislative finance committee staff at the direction of the [welfare reform] human services oversight committee."
Section 10. TEMPORARY PROVISION--REFERENCES IN LAW.--All references in law to the welfare reform oversight committee shall be deemed to be references to the human services oversight committee.
Section 11. REPEAL.--Sections 2-13-1 through 2-13-5 and
2-17-5 NMSA 1978 (being Laws 1989, Chapter 349, Sections 1 through 5, Laws 1998, Chapter 8, Section 25 and Laws 1998, Chapter 9, Section 25) are repealed.
Section 12. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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