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HOUSE JOINT RESOLUTION 19
57
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2025
INTRODUCED BY
Randall T. Pettigrew
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 4 OF THE CONSTITUTION OF NEW MEXICO
TO CREATE A PERMANENT INTERIM ADMINISTRATIVE RULE OVERSIGHT
COMMITTEE AND ALLOW THAT COMMITTEE TO RECOMMEND THE OVERTURNING
OF AGENCY RULES TO THE LEGISLATURE; ALLOWING THE LEGISLATURE TO
OVERTURN AGENCY RULES DURING A LEGISLATIVE SESSION.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 4 of the
constitution of New Mexico by adding a new section to read:
"A. The "interim administrative rule oversight
committee" is established and shall consist of twelve members.
Three members each shall be appointed by the majority floor
leader of the house of representatives, the minority floor
leader of the house of representatives, the majority floor
leader of the senate and the minority floor leader of the
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senate.
B. The position of chair shall 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 shall the political parties having the most members in
both houses not be represented as either a chair or a vice
chair.
C. Members shall be appointed for two-year terms
that shall expire on the third Tuesday in January of an
odd-numbered year; provided that the term of a member shall
terminate when the member ceases to be a member of the
legislature, and a member may be removed at any time by the
original appointing authority. A vacancy shall be filled by
appointment for the remainder of the unexpired term by the
original appointing authority.
D. The interim administrative rule oversight
committee shall meet no less than once per month during the
interim between legislative sessions.
E. The interim administrative rule oversight
committee shall:
(1) review rules proposed by an executive
agency, an analysis of the rules conducted by committee staff
and fiscal impact reports conducted by the legislative finance
committee associated with the rules at least two weeks prior to
the public rule hearing for the rules, except when the
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legislature is in session;
(2) make recommendations on the rules to the
proposing executive agency;
(3) recommend changes to the authorizing
statutes of a rule to clarify legislative intent; and
(4) direct the work of committee staff.
F. If the interim administrative rule oversight
committee determines that an agency rule does not comply with
the authorizing law, the committee may make a recommendation to
the legislature to overturn the rule during a legislative
session. Pursuant to this subsection, the legislature may
overturn agency rules."
SECTION 2. The amendment proposed by this resolution
shall be submitted to the people for their approval or
rejection at the next general election or at any special
election prior to that date that may be called for that
purpose.
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