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A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO CONVENE A

TASK FORCE TO MAKE RECOMMENDATIONS ON REGULATORY REFORM.

WHEREAS, in 1969, New Mexico adopted the Administrative

Procedures Act, which is comprehensive legislation providing

for 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 legislature needs to reconsider whether the

Administrative Procedures Act should apply to most, if not

all, agencies; and

WHEREAS, the legislature also needs to consider whether

other broad-based regulatory reform will enhance consistency

and predictability with respect to administrative actions; and

WHEREAS, it is imperative that regulated entities and

the public have confidence in New Mexico's administrative

processes and the decisions resulting from those processes,

and regulatory reform efforts would assist in this effort;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

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REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico

legislative council be requested to convene a regulatory

reform task force to make recommendations on reform of

administrative rulemaking, licensing, enforcement and

adjudication processes, including any necessary reforms to

administrative procedures as recommended by the national

conference of commissioners on uniform state laws and the

American bar association; and

BE IT FURTHER RESOLVED that the New Mexico legislative

council be requested to limit the regulatory reform task force

to fifteen members, including:

A. one member, appointed by the governor, who

represents the public interest;

B. one member, appointed by the governor, who

represents the business community;

C. one member, appointed by the governor, who is

an attorney licensed to practice law in the state of New

Mexico;

D. three members, appointed by the governor, who

represent the interests of agencies, boards and commissions;

E. the attorney general or a designee of the

attorney general;

F. three senators, appointed by the president pro

tempore of the senate, with at least one of the senators

coming from the minority party;

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G. one person, appointed by the president pro

tempore of the senate, who is not a legislator;

H. three representatives, appointed by the speaker

of the house of representatives, with at least one of the

representatives coming from the minority party; and

I. one person, appointed by the speaker of the

house of representatives, who is not a legislator; and

BE IT FURTHER RESOLVED that the regulatory reform task

force be requested to report its findings and conclusions and

any recommended legislation to the appropriate interim

legislative committee by October 2007; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the co-chairs of the New Mexico legislative

council, the governor and the attorney general.