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Bill Summary · HJR 19

Summary — HJR 19: Administrative Rule Oversight Committee (constitutional amendment)

Status: Action postponed indefinitely
Introduced: August 18, 2025
Type: House Joint Resolution — constitutional amendment (would go to voters)

Purpose / Intent

HJR 19 proposes amending Article IV of the New Mexico Constitution to create a permanent, interim Legislative Administrative Rule Oversight Committee. The stated goal is to establish a formal legislative-review mechanism for executive-branch administrative rules to ensure rules conform with legislative intent and authorizing statutes.

Key provisions

  • Creates a 12-member interim Administrative Rule Oversight Committee composed of:
    • 3 majority-floor Representatives
    • 3 minority-floor Representatives
    • 3 majority-floor Senators
    • 3 minority-floor Senators
  • Chair rotates annually between House and Senate and between the two largest political parties.
  • Members serve two-year terms; the committee must meet at least once per month during the legislative interim (but is prohibited from meeting during the legislative session).
  • Requires the committee to review:
    • Proposed rules from executive agencies,
    • Committee staff rule analyses, and
    • Legislative Finance Committee (LFC) fiscal impact reports — at least two weeks before an agency’s public rule hearing, except when the Legislature is in session.
  • Authorizes the committee to make recommendations on rules and to recommend statutory changes to clarify legislative intent.
  • If the committee finds a rule exceeds statutory authority, it may recommend that the Legislature overturn the rule during a legislative session.
  • The amendment would be submitted to voters at the next general election (November 2026) or a special election; it would take effect only if approved by voters.

Fiscal impact

  • Secretary of State printing and publication requirements for constitutional amendments would cost an estimated $35,000–$50,000 (nonrecurring) to place this amendment on the ballot (bilingual sample ballots and newspaper publication).
  • Recurring operational costs for the committee are not estimated in this fiscal note; if approved, a committee budget would need legislative appropriation (anticipated for FY28).

Who would be affected

  • Executive agencies subject to rulemaking (state agencies, boards, commissions) — increased oversight and additional procedural steps.
  • Legislature — gains a formal instrument to review and recommend actions on rules.
  • Regulated entities and the public — potential delays or changes to the timing and substance of administrative rules.
  • Courts — current judicial review remains available; this creates a parallel legislative review mechanism.

Significant issues / concerns

  • Overlap with existing law: the State Rules Act already provides for legislative noticing of proposed rules and the Small Business Regulatory Relief Act provides small-business review; HJR 19 adds an explicit interim committee power.
  • Separation-of-powers concerns: agencies and some analysts warn the amendment may intrude on executive rulemaking authority and could conflict with Article III, Section 1 of the New Mexico Constitution.
  • Timing and practicality: requiring reviews at least two weeks before hearings and limiting committee meetings to the interim may delay rulemakings, including time-sensitive or emergency rules.
  • Ambiguity: “executive agency” is not defined in the resolution, leaving uncertainty about the committee’s scope.

Procedural / next steps

  • To become effective the amendment must be approved by voters (scheduled for Nov 2026 or a special election).
  • If voters approve, the Legislature would need to appropriate a budget to operationalize the committee (expected in FY28).
  • Current status in the legislative process: action postponed indefinitely.

Compiled from official sources — confirm details with the bill’s official record.

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