SENATE BILL 282

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO THE LEGISLATURE; DIRECTING THE LEGISLATIVE COUNCIL SERVICE TO DEVELOP AN ONGOING STATUTORY REVISION PROGRAM; CREATING THE POSITION OF REVISOR OF STATUTES IN THE LEGISLATIVE COUNCIL SERVICE; INCLUDING THE REVISOR OF STATUTES AS A MEMBER OF THE ADVISORY COMMITTEE TO THE NEW MEXICO COMPILATION COMMISSION; MAKING AN APPROPRIATION.

 

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

     SECTION 1. A new section of Chapter 2, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] STATUTORY REVISION PROGRAM--REVISOR OF STATUTES--DUTIES.--

          A. The New Mexico legislative council shall direct the legislative council service to develop and implement an ongoing statutory revision program for the systematic study and technical revision of the statutes on an annual basis.

          B. Prior to January 1 of each year, the director of the legislative council service shall make available to the New Mexico legislative council draft legislation and a report.

          C. The draft legislation shall revise statutes with technical issues to make them more clear, accessible and usable, but shall not alter a statute's meaning, effect, policy or purpose.

          D. The report shall:

                (1) summarize the changes made by the draft legislation;

                (2) identify statutes requiring technical revisions that cannot be made without altering the statute's meaning, effect, policy or purpose; and

                (3) provide an overall plan for systematic statutory revision and a progress update.

          E. The position of "revisor of statutes" is created in the legislative council service to report to and serve at the pleasure of the director of the legislative council service.

          F. The revisor of statutes shall:

                (1) carry out the provisions of this section by preparing the draft legislation and report;

                (2) develop a systematic plan to study and revise all statutory sections;

                (3) address matters the New Mexico legislative council deems necessary;

                (4) perform other duties assigned by the director of the legislative council service; and

                (5) consult with the New Mexico compilation commission to ensure the clarity, organization and accessibility of the statutes."

     SECTION 2. Section 2-3-8 NMSA 1978 (being Laws 1951, Chapter 182, Section 4, as amended) is amended to read:

     "2-3-8. PURPOSE AND DUTIES OF LEGISLATIVE COUNCIL SERVICE.--The [purpose and duties of the] legislative council service shall: [be:

          a. to] A. assist the legislature [of the State of New Mexico] in the proper performance of its constitutional functions by providing its members with impartial and accurate information and reports concerning the legislative problems [which] that come before them and by providing digests showing the practices of other states and foreign nations in dealing with similar problems;

          [b.] B. when [so] requested, [to] secure information for and [to] report to the legislators of this state on the social and economic effects of statutes of this state or elsewhere by cooperating with the legislative service agencies in other states and other reference agencies and libraries;

          [c. to] C. furnish to the members of the legislature [of this state] the assistance of expert [draftsmen] drafters qualified to aid the legislators in the preparation of bills for introduction into the legislature;

          [d. to] D. recommend to the legislature measures [which] that will improve the form and working of the statutes [of this state] and clarify and reconcile their provisions, including through the statutory revision program;

          [e. to] E. provide for the legislature adequate staff facilities and [to provide the adequate] expert assistance [without which no] necessary for the legislature [can] to properly perform its required functions; and

          [f. to] F. prepare and index for printing as promptly as possible after the adjournment of each session the session laws [therefor, which] as a compilation that shall include all resolutions and acts [which] the legislature [has] adopted or passed during the session and [have] that received the approval of the governor when such approval is necessary."

     SECTION 3. Section 12-1-3 NMSA 1978 (being Laws 1977, Chapter 74, Section 2, as amended) is amended to read:

     "12-1-3. POWERS OF COMMISSION.--The New Mexico compilation commission, acting on the advice and approval of an advisory committee appointed by the New Mexico supreme court, which shall include the revisor of statutes of the legislative council service, may:

          A. provide for official, annotated compilations of the New Mexico statutes and court rules as approved by the supreme court and all other necessary things pertaining to the publication, including online publication, of any compilation and related publications;

          B. provide for the licensing of the content of the compilation and any related publications;

          C. contract with a publisher for any compilation or related publications as may be necessary or desirable to carry out the provisions of this section;

          D. do all things necessary to keep current the master database of publications published or authorized for publication by the compilation commission; and

          E. hire an executive director, who shall:

                (1) serve as the chief administrative officer of the commission;

                (2) serve at the pleasure of the commission;

                (3) carry out the policies established by the commission; and

                (4) within available funding, hire such additional staff as necessary to effectuate the powers exercised by the commission."

     SECTION 4. APPROPRIATION.--One hundred thirty thousand dollars ($130,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal year 2024 to employ a revisor of statutes. Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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