SENATE MEMORIAL 53

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Bernadette M. Sanchez

A MEMORIAL

REQUESTING THE CREATION OF THE INTERIM REGULATORY PROCESS AND ADMINISTRATIVE LAW COMMITTEE.

     WHEREAS, in the last three years, the interim committees of the New Mexico legislature have received presentations by constituents on challenges in navigating regulatory procedures and inconsistencies in rulemaking and adjudicatory processes across and between various New Mexico agencies; and

     WHEREAS, in 1969, New Mexico adopted the Administrative Procedures Act, which provides comprehensive uniform administrative procedures based on the 1961 model state act adopted by the national conference of commissioners on uniform state laws; and

     WHEREAS, the legislature exempted most administrative actions from coverage under the Administrative Procedures Act; and

     WHEREAS, the scope and complexity of administrative responsibility has substantially increased since 1969; and

     WHEREAS, the national conference of commissioners on uniform state laws expects to release a new model administrative procedures act in 2008; and

     WHEREAS, the legislature needs to consider the proposed model act and whether the act should apply to most, if not all, New Mexico agencies; and

     WHEREAS, the legislature needs to consider whether broad-based reform will enhance consistency and predictability with respect to rulemaking and adjudicatory procedures; and

     WHEREAS, the legislature needs to examine the challenges New Mexicans face when navigating administrative processes and identify legislative strategies for improving the essential rulemaking and adjudicatory functions of agencies in order to effectively carry out legislative mandates;

      NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the interim regulatory process and administrative law committee be created to study the concerns about the regulatory process, review the proposed model administrative procedures act, identify specific areas of reform, make findings and endorse any necessary legislation to improve administrative procedure on rulemaking and adjudication and ensure that agencies carry out the mandates of the legislature, the lawmaking branch of government; and

     BE IT FURTHER RESOLVED that the interim regulatory process and administrative law committee consist of at least ten voting members appointed by the New Mexico legislative council; and

     BE IT FURTHER RESOLVED that five members be from the house of representatives, with at least two from the minority party, and five members be from the senate, with at least two from the minority party; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council designate the co-chairs; and

     BE IT FURTHER RESOLVED that the co-chairs of the interim regulatory process and administrative law committee be one member of the house of representatives and one member of the senate from the membership as appointed by the New Mexico legislative council; and

     BE IT FURTHER RESOLVED that the interim regulatory process and administrative law committee be staffed by the legislative council service and the director of the administrative law division of the New Mexico commission of public records; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the attorney general and the director of the administrative law division of the New Mexico commission of public records.

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