HOUSE BILL 452
54th legislature - STATE OF NEW MEXICO - first session, 2019
Deborah A. Armstrong and Gerald Ortiz y Pino
and Elizabeth "Liz" Thomson
RELATING TO THE LEGISLATURE; AMENDING SECTIONS OF CHAPTER 2, ARTICLE 13 NMSA 1978 TO ASSIGN MONITORING AND OVERSIGHT DUTIES AND TO PROVIDE YEAR-ROUND STAFF TO THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE; ENACTING A NEW SECTION OF CHAPTER 2, ARTICLE 13 NMSA 1978 TO REQUIRE COMPLIANCE WITH THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE'S AND ITS SUBCOMMITTEES' REQUESTS FOR INFORMATION AND TO PROVIDE THE COMMITTEE AND ITS SUBCOMMITTEES WITH THE POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 2-13-1 NMSA 1978 (being Laws 1989, Chapter 349, Section 1) is amended to read:
"2-13-1. CREATION OF COMMITTEE--MEMBERS--APPOINTMENT--TERMS.--There is created a permanent joint interim committee of the legislature to be called the "legislative health and human services committee". The committee shall be composed of [eight] twelve members. The New Mexico legislative council shall appoint [four] six members from the house of representatives and [four] 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. Members shall be appointed so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; provided, in no event shall either of such parties have less than one member from each house on the committee. Members may be removed from the committee by the legislative council, at the request of the committee [chairman] chair, 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 such case need not readjust party representation. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action."
SECTION 2. Section 2-13-2 NMSA 1978 (being Laws 1989, Chapter 349, Section 2) is amended to read:
"2-13-2. DUTIES OF THE COMMITTEE.--The legislative health and human services committee shall [conduct a continuing study of] monitor and oversee the programs, agencies, policies, issues and needs relating to health and human services, including [review and study] monitoring and oversight of the statutes, constitutional provisions, regulations and court decisions governing such programs, agencies, policies and issues. The committee shall also [study] monitor and oversee the full continuum of programs and services available and needed for children and families and the aging population. The committee shall make an annual report of its findings and recommendations and recommend any necessary legislation to each session of the legislature."
SECTION 3. Section 2-13-5 NMSA 1978 (being Laws 1989, Chapter 349, Section 5) is amended to read:
"2-13-5. STAFF.--The [staff for the] legislative health and human services committee shall [be provided by the legislative council service] have a year-round staff assigned exclusively to carrying out the duties of the committee. The legislative council service shall provide the staff for the legislative health and human services committee, which shall include individuals with expertise in law, policy or finance related to health care delivery or finance or to human services matters."
SECTION 4. A new section of Chapter 2, Article 13 NMSA 1978 is enacted to read:
"[NEW MATERIAL] COMPLIANCE WITH REQUESTS FOR INFORMATION--POWER TO CONDUCT HEARINGS AND ADMINISTER OATHS--SUBPOENA POWER.--
A. The human services department, the department of health, the aging and long-term services department, the corrections department, the children, youth and families department, the workforce solutions department, the interagency behavioral health purchasing collaborative and every other state agency and political subdivision of the state shall, upon request, furnish and make available to the legislative health and human services committee, or any subcommittee of the legislative health and human services committee consisting of three members or more, documents, material or information requested by the committee or any subcommittee of the committee consisting of three members or more or the staff of the committee or subcommittee.
B. The legislative health and human services committee may conduct hearings and administer oaths. The legislative health and human services committee, or upon recommendation of a subcommittee of the legislative health and human services committee, may subpoena, which may be enforced through any district court of the state. Process of the legislative health and human services committee shall be served by any sheriff or any member of the New Mexico state police and shall be served without cost to the legislative health and human services committee or its subcommittees."
SECTION 5. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2020 to fund staffing for and the activities of the legislative health and human services committee pursuant to this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2020 shall revert to the general fund.
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