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F I S C A L I M P A C T R E P O R T

SPONSOR Sanchez, B

ORIGINAL DATE

LAST UPDATED

1/17/08

HB

SHORT TITLE

Regulatory Process Task Force

SB 57

ANALYST Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$150

Recurring

(Through FY11)

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General (AGO)

Economic Development (EDD)

SUMMARY

Synopsis of Bill

SB 57 appropriates $150 thousand from the general fund to legislative council services for the

purpose of creating the “Regulatory Process Task Force" functioning from July 1, 2008 to

December 15, 2011 and consisting of 21 members, including one member representing the

interests of the judicial branch, appointed by the chief justice of the New Mexico Supreme Court.

The bill requires the task force to take specific action, including reviewing the 2008 model

Administrative Procedures Act to be released by the National Conference of Commissioners on

Uniform State Laws, reviewing rulemaking and adjudicatory and accountability systems in other

states, and determining any necessary legislative action to improve regulatory processes and

developing a strategy and time line for implementation of any recommended changes.

The Legislative Council Service and the State Records Administrator would provide staff for the

task force.

The task force would be required to report its findings and make recommendations regarding

reform, strategies, and possible legislation to the Governor and to the State Legislature prior to

the beginning of the 2009, 2010, and 2011 legislative sessions.

Senate Bill 57 – Page

2

FISCAL IMPLICATIONS

There would be a minimal fiscal impact upon state agencies relating to staff review of task force

recommendations or staff response to task force inquiries.

The appropriation of $150 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY09 shall revert to the

general fund.

SIGNIFICANT ISSUES

The bill appropriates funds to the Legislative Council Service “to pay costs associated with the

regulatory process task force." Presumably those costs will include per diem and mileage

expenses incurred by state officials serving on the task force. However, the bill is not clear, and it

is possible that the agencies represented on the task force would be required to pay those costs

from their operating budgets.

PERFORMANCE IMPLICATIONS

No performance implications in the short term. Long-term, there could be significant

performance implications if rulemaking and adjudicatory procedural changes were made based

upon Task Force findings. Such changes could entail extensive rulemaking changes, public

education and statutory changes.

TECHNICAL ISSUES

The bill states that the appropriation available for expenditure in fiscal years 2008-2011, but

there is no emergency clause allowing for a fiscal year 2008 start date. In addition, section A of

the bill states that the task force shall function from July 1, 2008 to December 15, 2011. A July

1, 2008 start date is the beginning of fiscal year 2009.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The Regulatory Process Task Force will not be created.

CS/mt