HOUSE MEMORIAL 43

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Randall T. Pettigrew and James G. Townsend

 

 

 

 

 

A MEMORIAL

REQUESTING THAT THE NEW MEXICO LEGISLATIVE COUNCIL CREATE AN INTERIM COMMITTEE TO REVIEW STATE AGENCY RULES.

 

     WHEREAS, state agencies have no inherent rulemaking power; and

     WHEREAS, state agencies receive rulemaking ability from statutes enacted by the legislature that authorize the promulgation of rules; and

     WHEREAS, sometimes rules promulgated by state agencies pursuant to authorizing statutes do not reflect the intent of the legislature; and

     WHEREAS, the process of challenging a state agency rule in court is costly in time and money; and

     WHEREAS, the legislature and the public are put on notice of proposed rules pursuant to the State Rules Act; and

     WHEREAS, the legislature should consider efficient strategies to review proposed rules to determine if those rules align with legislative intent;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to create an interim administrative rule oversight committee consisting of twelve members, with the majority and minority floor leaders of the house of representatives and the majority and minority floor leaders of the senate each appointing three members; and

     BE IT FURTHER RESOLVED that the position of chair alternate between the house and the senate and the two political parties having the most members in both houses each year; provided that at no time should the political parties having the most members in both houses not be represented as either a chair or a vice chair; and

     BE IT FURTHER RESOLVED that the interim administrative rule oversight committee meet no less than one time per month during the interim; and

     BE IT FURTHER RESOLVED that, during the interim, the interim administrative rule oversight committee be requested to review rules proposed by an executive agency, committee staff analyses of the rules and fiscal impacts associated with the rules two weeks prior to the public rule hearing for the rules, except when the legislature is in session, wherein it should make recommendations on the rules to the proposing executive agency, recommend changes to the authorizing statutes of a rule to clarify legislative intent or endorse legislation as is necessary to amend or repeal a statute authorizing an agency to promulgate rules; and

     BE IT FURTHER RESOLVED that the legislative council service distribute a notice of proposed rulemaking to the staff and members of the interim administrative rule oversight committee when a notice is received; and

      BE IT FURTHER RESOLVED that staff of the interim administrative rule oversight committee develop a written analysis of a proposed rule that considers, among many factors, the fiscal impact of the proposed rule and whether the rule reflects legislative intent; and

     BE IT FURTHER RESOLVED that the interim administrative rule oversight committee review a proposed rule, approve committee recommendations and provide those recommendations to the agency in written form; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the office of the governor and secretaries of state agencies.

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