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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;

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NOW, THEREFORE, BE IT RESOLVED BY THE SENATE 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 twenty-two 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. two members, appointed by the governor,

representing the environmental justice community;

F. the state engineer or a designee of the state

engineer;

G. the secretary of environment or a designee of

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the secretary of environment;

H. the secretary of energy, minerals and natural

resources or a designee of the secretary of energy, minerals

and natural resources;

I. the secretary of health or a designee of the

secretary of health;

J. the secretary of human services or a designee

of the secretary of human services;

K. the attorney general or a designee of the

attorney general;

L. three senators, appointed by the president pro

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

coming from the minority party;

M. one person, appointed by the president pro

tempore of the senate, who is not a legislator;

N. three representatives, appointed by the speaker

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

representatives coming from the minority party; and

O. 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

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transmitted to the co-chairs of the New Mexico legislative

council, the governor and the attorney general.