0001| HOUSE BILL 154
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| DANICE R. PICRAUX
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| CREATING A JOINT INTERIM AUTOMOBILE INSURANCE TASK FORCE; MAKING
|
0013| AN APPROPRIATION; DECLARING AN EMERGENCY.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. AUTOMOBILE INSURANCE TASK FORCE CREATED--TERMINATION.--There is created a joint interim legislative,
|
0017| executive, judicial and public member task force which shall be
|
0018| known as the "automobile insurance task force". The task force
|
0019| shall function from the date of its appointment until the first
|
0020| day of December prior to the first session of the forty-third
|
0021| legislature.
|
0022| Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--
|
0023| A. The automobile insurance task force shall be
|
0024| composed of seventeen voting members, including eight
|
0025| legislative members. Four members of the house of
|
0001| representatives shall be appointed by the speaker of the house
|
0002| of representatives, and four members of the senate shall be
|
0003| appointed by the committees' committee of the senate or, if the
|
0004| senate appointments are made in the interim, by the president
|
0005| pro tempore of the senate after consultation with and agreement
|
0006| of a majority of the members of the committees' committee.
|
0007| B. Members shall be appointed from each house so as
|
0008| to give the two major political parties in each house the same
|
0009| proportional representation on the task force as prevails in
|
0010| each house; however, in no event shall either party have less
|
0011| than one member from each house on the task force. Vacancies on
|
0012| the task force shall be filled by appointment in the same manner
|
0013| as the original appointments. The chairman and vice chairman of
|
0014| the task force shall be appointed by the speaker of the house of
|
0015| representatives and the president pro tempore of the senate.
|
0016| C. No action shall be taken by the task force if a
|
0017| majority of the total legislative membership from either house
|
0018| on the task force rejects the action.
|
0019| D. The additional nine voting members shall be:
|
0020| (1) the three state corporation commissioners
|
0021| or their designees;
|
0022| (2) the director of the motor vehicle division
|
0023| of the taxation and revenue department;
|
0024| (3) a metropolitan or magistrate court judge
|
0025| appointed by the chief justice of the supreme court;
|
0001| (4) the secretary of public safety or his
|
0002| designee;
|
0003| (5) the attorney general or his designee; and
|
0004| (6) two public members to represent consumer
|
0005| interests, one appointed by the speaker of the house of
|
0006| representatives and one appointed by the president pro tempore
|
0007| of the senate.
|
0008| E. The public members shall be paid per diem and
|
0009| mileage in accordance with the provisions of the Per Diem and
|
0010| Mileage Act.
|
0011| F. The speaker of the house of representatives and
|
0012| the president pro tempore of the senate may appoint an advisory
|
0013| group to the task force of nonvoting persons that includes
|
0014| representatives of interests and organizations concerned about
|
0015| automobile insurance, including trial lawyers and the automobile
|
0016| insurance industry.
|
0017| Section 3. DUTIES.--
|
0018| A. After its appointment, the automobile insurance
|
0019| task force shall hold one organizational meeting to develop a
|
0020| work plan and budget for the ensuing interim. The work plan and
|
0021| budget shall be submitted to the New Mexico legislative council
|
0022| for approval.
|
0023| B. Upon approval of the work plan and budget by the
|
0024| legislative council, the task force shall examine the statutes,
|
0025| constitutional provisions, regulations, court decisions and
|
0001| practices governing automobile insurance in New Mexico and
|
0002| elsewhere and recommend legislation or changes if any are found
|
0003| to be necessary to the first session of the forty-third
|
0004| legislature. The task force shall seek in its study to
|
0005| determine why automobile insurance rates are at the level they
|
0006| are in New Mexico; investigate whether, and if so, why those
|
0007| rates are disproportionately high; assess what options are
|
0008| reasonably available to lower the rates; determine what
|
0009| percentage of New Mexicans are uninsured, and what options may
|
0010| be pursued to decrease that percentage; consider what options
|
0011| are in general available to address automobile insurance
|
0012| problems in New Mexico, including the advantages and
|
0013| disadvantages of each; address concerns about competition in the
|
0014| marketplace, fraudulent practices and their impact on rates; and
|
0015| review how enforcement of effective automobile insurance laws
|
0016| can be achieved, including consideration of effective methods
|
0017| working in other states.
|
0018| Section 4. SUBCOMMITTEES.--Subcommittees shall be created
|
0019| only by majority vote of all members appointed to the automobile
|
0020| insurance task force and with the prior approval of the New
|
0021| Mexico legislative council. A subcommittee shall be composed of
|
0022| at least one member from the senate and one member from the
|
0023| house of representatives, and at least one member of the
|
0024| minority party shall be a member of the subcommittee. All
|
0025| meetings and expenditures of a subcommittee shall be approved by
|
0001| the full task force in advance of the meeting or expenditure,
|
0002| and the approval shall be shown in the minutes of the task
|
0003| force.
|
0004| Section 5. REPORT.--The automobile insurance task force
|
0005| shall make a report of its findings and recommendations for the
|
0006| consideration of the first session of the forty-third
|
0007| legislature. The report and suggested legislation shall be made
|
0008| available to the New Mexico legislative council on or before
|
0009| December 15 preceding that session.
|
0010| Section 6. STAFF.--The staff for the automobile insurance
|
0011| task force shall be provided by the legislative council service,
|
0012| and the staff of the department of insurance and other state
|
0013| agencies shall provide assistance as requested. The legislative
|
0014| council service, at the direction of the task force, may hire
|
0015| additional staff as necessary and contract with experts to
|
0016| assist the task force in carrying out its tasks.
|
0017| Section 7. APPROPRIATION.--For the purpose of paying the
|
0018| salaries and expenses of the technical, professional, legal,
|
0019| clerical and stenographic assistants; for necessary equipment
|
0020| and supplies used in carrying out the provisions of this act;
|
0021| and for reimbursing the per diem and mileage expenses of the
|
0022| automobile insurance task force, there is appropriated to the
|
0023| legislative council service from the general fund the sum of one
|
0024| hundred thousand dollars ($100,000). All or any part of this
|
0025| appropriation may be expended in fiscal years 1996 and 1997, and
|
0001| any unexpended or unencumbered balance remaining at the end of
|
0002| fiscal year 1997 shall revert to the general fund. Payments
|
0003| from the appropriation shall be made upon vouchers signed by the
|
0004| director of the legislative council service or his authorized
|
0005| representative.
|
0006| Section 8. EMERGENCY.--It is necessary for the public
|
0007| peace, health and safety that this act take effect immediately.
|
0008| State of New Mexico
|
0009| House of Representatives
|
0010|
|
0011| FORTY-SECOND LEGISLATURE
|
0012| SECOND SESSION, 1996
|
0013|
|
0014| January 25, l996
|
0015|
|
0016|
|
0017| Mr. Speaker:
|
0018|
|
0019| Your RULES AND ORDER OF BUSINESS COMMITTEE, to
|
0020| whom has been referred
|
0021|
|
0022| HOUSE BILL 154
|
0023|
|
0024| has had it under consideration and finds same to be
|
0025| GERMANE in accordance with constitutional provisions.
|
0001|
|
0002| Respectfully submitted,
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| Barbara A. Perea Casey,
|
0008| Chairperson
|
0009|
|
0010|
|
0011| Adopted Not Adopted
|
0012|
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015| Date
|
0016|
|
0017| The roll call vote was 10 For 0 Against
|
0018| Yes: 10
|
0019| Excused: Luna, Pederson, Rodella, R.G. Sanchez, J. G. Taylor
|
0020| Absent: None
|
0021|
|
0022| H0154RC1 State of New Mexico
|
0023| House of Representatives
|
0024|
|
0025| FORTY-SECOND LEGISLATURE
|
0001| SECOND SESSION, 1996
|
0002|
|
0003|
|
0004| February 6, 1996
|
0005|
|
0006|
|
0007| Mr. Speaker:
|
0008|
|
0009| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0010| been referred
|
0011|
|
0012| HOUSE BILLS 154 AND 674
|
0013|
|
0014| has had them under consideration and reports same with
|
0015| recommendation that they DO NOT PASS, but that
|
0016|
|
0017| HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE
|
0018| FOR HOUSE BILLS 154 AND 674
|
0019|
|
0020| DO PASS, and thence referred to the JUDICIARY
|
0021| COMMITTEE.
|
0022| Respectfully submitted,
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| Fred Luna, Chairman
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006|
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009| Date
|
0010|
|
0011| The roll call vote was 11 For 0 Against
|
0012| Yes: 11
|
0013| Excused: None
|
0014| Absent: Varela
|
0015|
|
0016|
|
0017|
|
0018| H0154BI1 HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR
|
0019| HOUSE BILLS 154 & 674
|
0020| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001|
|
0002|
|
0003| AN ACT
|
0004| CREATING A JOINT INTERIM AUTOMOBILE INSURANCE TASK FORCE; MAKING
|
0005| AN APPROPRIATION; DECLARING AN EMERGENCY.
|
0006|
|
0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0008| Section 1. AUTOMOBILE INSURANCE TASK FORCE CREATED--
|
0009| TERMINATION.--There is created a joint interim legislative,
|
0010| executive, judicial and public member task force which shall be
|
0011| known as the "automobile insurance task force". The task force
|
0012| shall function from the date of its appointment until the first
|
0013| day of December prior to the first session of the forty-third
|
0014| legislature.
|
0015| Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--
|
0016| A. The automobile insurance task force shall be
|
0017| composed of sixteen members, including eight voting legislative
|
0018| members. Four members of the house of representatives and four
|
0019| members of the senate shall be appointed by the New Mexico
|
0020| legislative council. No legislator appointed may be employed by
|
0021| or be an agent of an automobile insurance company.
|
0022| B. Members shall be appointed from each house so as
|
0023| to give the two major political parties in each house the same
|
0024| proportional representation on the task force as prevails in
|
0025| each house; however, in no event shall either party have less
|
0001| than one member from each house on the task force. Vacancies on
|
0002| the task force shall be filled by appointment in the same manner
|
0003| as the original appointments. The chairman and vice chairman of
|
0004| the task force shall be appointed by the New Mexico legislative
|
0005| council.
|
0006| C. No action shall be taken by the task force if a
|
0007| majority of the total legislative membership from either house
|
0008| on the task force rejects the action.
|
0009| D. Six additional voting members shall be the
|
0010| following public members:
|
0011| (1) two individuals to represent consumer
|
0012| interests who are not affiliated with the automobile insurance
|
0013| industry and who are knowledgeable about or interested in
|
0014| automobile insurance matters, both of whom shall be appointed by
|
0015| the legislative council;
|
0016| (2) an attorney who regularly represents
|
0017| injured plaintiffs in automobile insurance cases, who shall be
|
0018| appointed by the governor;
|
0019| (3) an attorney who regularly represents
|
0020| defendant insurance companies in automobile insurance cases, who
|
0021| shall be appointed by the governor; and
|
0022| (4) two individuals who shall be representatives
|
0023| of the automobile insurance industry, one of whom shall be an
|
0024| automobile insurance agent and both of whom shall be appointed by
|
0025| the governor.
|
0001| E. Two additional nonvoting members of the task force
|
0002| shall be:
|
0003| (1) the chairman of the state corporation
|
0004| commission, or the chairman's designee; and
|
0005| (2) a retired judge appointed by the chief
|
0006| justice of the supreme court.
|
0007| F. The public members shall be paid per diem and
|
0008| mileage in accordance with the provisions of the Per Diem and
|
0009| Mileage Act.
|
0010| Section 3. DUTIES.--
|
0011| A. After its appointment, the automobile insurance task
|
0012| force shall hold one organizational meeting to develop a work plan
|
0013| and budget for the ensuing interim. The work plan and budget shall
|
0014| be submitted to the New Mexico legislative council for approval.
|
0015| B. Upon approval of the work plan and budget by the New
|
0016| Mexico legislative council, the task force shall examine the
|
0017| statutes, constitutional provisions, regulations, court decisions
|
0018| and underwriting and other practices governing automobile insurance
|
0019| in New Mexico and elsewhere and recommend legislation or changes if
|
0020| any are found to be necessary to the first session of the forty-third legislature. The task force shall seek in its study to
|
0021| determine why automobile insurance rates are at the level they are
|
0022| in New Mexico; investigate whether, and if so, why those rates are
|
0023| disproportionately high; assess what options are reasonably
|
0024| available to lower the rates; determine what percentage of New
|
0025| Mexicans are uninsured, and what options may be pursued to decrease
|
0001| that percentage; consider what options are in general available to
|
0002| address automobile insurance problems in New Mexico, including the
|
0003| advantages and disadvantages of each; address concerns about
|
0004| competition in the marketplace, fraudulent practices and their
|
0005| impact on rates; and review how enforcement of effective automobile
|
0006| insurance laws can be achieved, including consideration of
|
0007| effective methods working in other states.
|
0008| Section 4. SUBCOMMITTEES.--Subcommittees shall be created
|
0009| only by majority vote of all voting members appointed to the
|
0010| automobile insurance task force and with the prior approval of the
|
0011| New Mexico legislative council. A subcommittee shall be composed
|
0012| of at least one member from the senate and one member from the
|
0013| house of representatives, and at least one member of the minority
|
0014| party shall be a member of the subcommittee. All meetings and
|
0015| expenditures of a subcommittee shall be approved by the full task
|
0016| force in advance of the meeting or expenditure, and the approval
|
0017| shall be shown in the minutes of the task force.
|
0018| Section 5. REPORT.--The automobile insurance task force
|
0019| shall make a report of its findings and recommendations for the
|
0020| consideration of the first session of the forty-third legislature.
|
0021| The report and suggested legislation shall be made available to the
|
0022| New Mexico legislative council on or before December 15 preceding
|
0023| that session.
|
0024| Section 6. STAFF.--The staff for the automobile insurance
|
0025| task force shall be provided by the legislative council service,
|
0001| and the staff of the department of insurance and other state
|
0002| agencies shall provide assistance as requested. The legislative
|
0003| council service, at the direction of the task force, may hire
|
0004| additional staff as necessary and contract with experts, including
|
0005| an actuary, to assist the task force in carrying out its tasks.
|
0006| Section 7. APPROPRIATION.--For the purpose of paying the
|
0007| salaries and expenses of the technical, professional, legal,
|
0008| clerical and stenographic assistants; for necessary equipment and
|
0009| supplies used in carrying out the provisions of this act; and for
|
0010| reimbursing the per diem and mileage expenses of the automobile
|
0011| insurance task force, there is appropriated to the legislative
|
0012| council service from the general fund the sum of one hundred
|
0013| thousand dollars ($100,000). All or any part of this appropriation
|
0014| may be expended in fiscal years 1996 and 1997, and any unexpended
|
0015| or unencumbered balance remaining at the end of fiscal year 1997
|
0016| shall revert to the general fund. Payments from the appropriation
|
0017| shall be made upon vouchers signed by the director of the
|
0018| legislative council service or his authorized representative.
|
0019| Section 8. EMERGENCY.--It is necessary for the public peace,
|
0020| health and safety that this act take effect immediately.
|
0021| - 6 -
|