HB 287

                                1  HOUSE BILL 287
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Elizabeth "Liz" Thomson and Javier Martínez
                                5  and Joanne J. Ferrary and Reena Szczepanski
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO THE LEGISLATURE; INCREASING THE NUMBER OF MEMBERS
                                12   THAT COMPRISE THE LEGISLATIVE HEALTH AND HUMAN SERVICES
                                13   COMMITTEE; ASSIGNING DUTIES; PROVIDING FOR YEAR-ROUND STAFF;
                                14   REQUIRING PERSONS WHO RECEIVE STATE FUNDING TO COMPLY WITH
                                15   LEGISLATIVE REQUESTS FOR INFORMATION; ESTABLISHING THE
                                16   COMMITTEE'S POWER TO ADMINISTER OATHS AND ISSUE SUBPOENAS;
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                                17   MAKING AN APPROPRIATION.
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                                19   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                20        SECTION 1.     Section 2-3-14.1 NMSA 1978 (being Laws 1985,
                                21   Chapter 19, Section 1) is amended to read:
                                22        "2-3-14.1.     STATE AGENCIES--REPORTS.--
                                23  A.   No state agency shall submit or send to the
                                24   members of the legislature any material, other than proposed
                                25   legislation, in excess of five pages.
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                                1  B.   Nothing in this section shall limit the response
                                2    of any agency to a direct request of a legislator or group of
                                3    legislators [nor] or the submission of the executive budget.
                                4  C.   All reports to the legislature by a state agency
                                5    shall be filed in duplicate with the legislative council
                                6    service, and such reports shall not be subject to the page
                                7    limitations of this section.    The legislative council service
                                8    shall compile a list of the reports submitted prior to each
                                9    regular legislative session since the beginning of the previous
                                10   regular session, listing the title and agency [and].    The
                                11   legislative council service shall distribute the list [among
                                12   the] to legislators during the first week of the session.
                                13  D.   Any legislator may request any report from any
                                14   person who receives money from the state, including those
                                15   listed pursuant to Subsection C of this section.    Upon such a
                                16   request, the state agency shall furnish the report to the
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                                17   legislator.
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                                18  E.   Compliance by a state agency with Subsection C
                                19   of this section shall fulfill any requirement of a state agency
                                20   to report to the legislature, unless the requirement is
                                21   specifically exempted from the requirements of this section.
                                22  F.   No state agency shall submit material bound
                                23   other than by staples unless the bulk or other qualities of the
                                24   material require other bindings; provided that, in all cases,
                                25   the most economical method of binding and packaging shall be
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                                1    used.
                                2  G.    For the purposes of this section, "state agency"
                                3    means any agency, division or instrumentality of the state, but
                                4    does not include political subdivisions and educational
                                5    institutions or any of the legislature's [divsions] divisions,
                                6    instrumentalities or committees."
                                7  SECTION 2.     Section 2-13-1 NMSA 1978 (being Laws 1989,
                                8    Chapter 349, Section 1) is amended to read:
                                9  "2-13-1.     CREATION OF COMMITTEE--MEMBERS--APPOINTMENT--
                                10   TERMS.--
                                11  A.    There is created a permanent joint [interim]
                                12   committee of the legislature to be called the "legislative
                                13   health and human services committee".       The committee shall be
                                14   composed of [eight] twelve members.       [The legislative council
                                15   shall appoint four] Six members from the house of
                                16   representatives [and four] shall be appointed by the speaker of
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                                17   the house of representatives.       Six members from the senate [At
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                                18   the time of making the appointment, the legislative council
                                19   shall designate the chairman and vice chairman of the
                                20   committee] shall be appointed by the committees' committee of
                                21   the senate or, if the senate appointments are made in the
                                22   interim, by the president pro tempore of the senate after
                                23   consultation with and agreement of a majority of the members of
                                24   the committees' committee.       Members shall be appointed so as to
                                25   give the two major political parties in each house the same
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                                1    proportionate representation on the committee as prevails in
                                2    each house; provided that in no event shall either of such
                                3    parties have less than one member from each house on the
                                4    committee.    [Members may be removed from the committee by the
                                5    legislative council, at the request of the committee chairman,
                                6    for nonattendance according to council policy.] Vacancies on
                                7    the committee, however caused, may be filled [by the
                                8    legislative council, or the council may reduce the size of the
                                9    committee by not making replacement appointments and in such
                                10   case need not readjust party representation] for the unexpired
                                11   term by appointment from the house of representatives or senate
                                12   by the respective appointing authority that makes the original
                                13   appointments and subject to the same recommendations; provided
                                14   that the new members shall be from the same house of the
                                15   legislature and the same party from which their predecessors
                                16   were appointed.     No action shall be taken by the committee if a
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                                17   majority of the total membership from either house on the
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                                18   committee rejects such action.
                                19  B.   The chair and vice chair shall be appointed for
                                20   terms coterminous with their membership on the committee.     The
                                21   chair and vice chair shall alternate between the respective
                                22   houses every two years.     For the terms beginning in 2026, the
                                23   chair shall be a house member, and the vice chair shall be a
                                24   senate member.     The appointing authority of each house shall
                                25   exercise its appointing authority by naming the chair and vice
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                                1    chair, respectively, on this alternating basis."
                                2  SECTION 3.     Section 2-13-2 NMSA 1978 (being Laws 1989,
                                3    Chapter 349, Section 2) is amended to read:
                                4  "2-13-2.     DUTIES OF THE COMMITTEE.--The legislative health
                                5    and human services committee shall [conduct a continuing study
                                6    of] monitor and oversee the programs, agencies, policies,
                                7    issues and needs relating to health and human services,
                                8    including [review and study] monitoring and oversight of the
                                9    statutes, constitutional provisions, regulations and court
                                10   decisions governing such programs, agencies, policies and
                                11   issues.   The committee shall also [study] monitor and oversee
                                12   the full continuum of programs and services available and
                                13   needed for [children families and the aging population] New
                                14   Mexico residents.    The committee shall make an annual report of
                                15   its findings and recommendations and recommend any necessary
                                16   legislation to each session of the legislature."
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                                17        SECTION 4.     Section 2-13-5 NMSA 1978 (being Laws 1989,
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                                18   Chapter 349, Section 5) is amended to read:
                                19        "2-13-5.     STAFF.--
                                20  A.   The position of "director of the legislative
                                21   health and human services committee" is created.    The director
                                22   shall be hired by the legislative health and human services
                                23   committee and shall serve at the pleasure of the committee.
                                24   The director shall be provided with the necessary office space,
                                25   supplies, equipment and assistance by the legislative council
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                                1    service.    The director's salary shall be set by the committee.
                                2  B.    The [staff for the] legislative health and human
                                3    services committee shall [be provided by the legislative
                                4    council service] have a year-round staff assigned exclusively
                                5    to carrying out the duties of the committee.       The director
                                6    shall hire the staff for the legislative health and human
                                7    services committee, which shall include individuals with
                                8    expertise in behavioral health, health equity, social justice,
                                9    law, policy or finance related to health care, including
                                10   behavioral health care, or human services."
                                11  SECTION 5.    A new Section 2-13-7 NMSA 1978 is enacted to
                                12   read:
                                13  "2-13-7.     [NEW MATERIAL] SUBPOENA POWER.--The legislative
                                14   health and human services committee may conduct hearings and
                                15   administer oaths.       The legislative health and human services
                                16   committee may issue a subpoena to any agency or institution of
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                                17   the state and its political subdivisions, any contractor
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                                18   working on behalf of the state or its political subdivisions
                                19   and any entity that receives state funding upon a vote of a
                                20   majority of the members of the committee.       The subpoena may be
                                21   enforced through any district court of the state.       Process of
                                22   the committee shall be served by any sheriff or any member of
                                23   the New Mexico state police and shall be served without cost to
                                24   the committee or its subcommittees."
                                25  SECTION 6.    APPROPRIATION.--Five hundred thousand dollars
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                                1    ($500,000) is appropriated from the general fund to the
                                2    legislative council service for expenditure in fiscal years
                                3    2026 and 2027 to fund staffing for and the activities of the
                                4    legislative health and human services committee pursuant to
                                5    this act.   Any unexpended balance remaining at the end of
                                6    fiscal year 2027 shall revert to the general fund.
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