SENATE BILL 109
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Mark Boitano
AN ACT
RELATING TO RULES; AMENDING THE SMALL BUSINESS REGULATORY REVIEW ACT TO ENSURE AGENCY COOPERATION WITH THE SMALL BUSINESS REGULATORY ADVISORY COMMISSION; REPEALING A SECTION OF LAW DEALING WITH THE PERIODIC REVIEW OF RULES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 14-4A-4 NMSA 1978 (being Laws 2005, Chapter 244, Section 4) is amended to read:
"14-4A-4. RULES AND AGENCY FORMS AFFECTING SMALL BUSINESS.--
A. Prior to the adoption of a proposed rule that may [have an adverse effect on] affect small business or a change to a new form or a modification of a form that an agency requires a small business to use in reporting to the agency, including the conversion of a form from paper to electronic format, an agency shall provide a copy of the proposed rule or form to the commission for review at the same time as persons who have requested advance notice of rulemaking.
[B. Prior to the adoption of a proposed rule that the agency deems to have an adverse effect on small business, the agency shall consider regulatory methods that accomplish the objectives of the applicable law while minimizing the adverse effects on small business.]
B. The commission shall have thirty days from receipt of the proposed rule or form to respond with a notice of intent to review the rule or form. The commission's response does not require a meeting or a quorum but may be accomplished by any three members communicating with the chair that they wish to review the rule or form.
C. If the commission does not respond within thirty days from receipt of the proposed rule or form, or if the commission responds that it has no objections to the proposed rule or form, the rulemaking or form revision or development process may proceed without further response from the commission.
D. If the commission responds that it wishes to review the rule or form, the commission shall meet within forty-five days from the commission's response to the agency and make recommendations concerning the proposed rule or form. The cabinet secretary of the agency or an authorized representative shall attend the meeting. If the commission fails to hold the meeting within forty-five days from the commission's response to the agency, the rulemaking or form revision or development process may proceed.
E. The agency need not comply with the commission's recommendations but shall report its decision to the commission.
F. If the commission responds pursuant to Subsection B of this section, and the commission schedules and holds a meeting pursuant to Subsection D of this section, the proposed rule or form shall not take effect until after that meeting."
SECTION 2. Section 14-4A-5 NMSA 1978 (being Laws 2005, Chapter 244, Section 5) is amended to read:
"14-4A-5. SMALL BUSINESS REGULATORY ADVISORY COMMISSION CREATED--MEMBERSHIP--POWERS AND DUTIES.--
A. The "small business regulatory advisory commission" is created. The commission shall consist of nine members who are current or former small business owners, five appointed by the governor and two each appointed by the speaker of the house of representatives and the president pro tempore of the senate. Each member shall be from a different geographic region of the state. Members shall serve two-year terms. A member shall not serve more than three consecutive terms. Members shall name the [chairperson] chair of the commission. The commission shall meet at the call of the [chairperson] chair. A majority of the members constitutes a quorum for the conduct of business. Members are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
B. The commission is administratively attached to the economic development department, and staff for the commission shall be provided by the department.
C. The commission [may] shall:
(1) provide state agencies with input regarding proposed rules or forms that may [adversely] affect small business;
(2) consider requests from small business owners to review rules or forms adopted by an agency; and
[(3) review rules promulgated by an agency to determine whether a rule places an unnecessary burden on small business and make recommendations to the agency to mitigate the adverse effects; and
(4)] (3) provide an annual evaluation report to the governor and the legislature, including recommendations and evaluations of agencies regarding regulatory fairness for small businesses.
D. The commission may:
(1) review existing agency rules and forms to determine whether a rule or form places an unnecessary burden on small business and make recommendations to the agency to mitigate the adverse effects. If the commission makes a recommendation regarding a rule or form, the agency shall review the rule or form and respond pursuant to Subsection E of Section 14-4A-4 NMSA 1978 within sixty days from the date the commission made the recommendation or the rule or form shall be nullified and cease to be in effect or in use one hundred eighty days from the date of notice by the commission to the agency. The nullification shall not affect any pending administrative actions by the agency that were in process at the time of the review; and
(2) adopt a schedule of proposed reviews of rules and forms. Agencies whose rules and forms are to be reviewed under this schedule are required to participate in the review by having the agency head or authorized representative attend meetings of the commission.
[D.] E. The commission does not have authority to:
(1) interfere with, modify, prevent or delay an agency or administrative enforcement action;
(2) intervene in legal actions; or
(3) subpoena witnesses to testify or to produce documents, but it may request witnesses to voluntarily testify or produce documents."
SECTION 3. REPEAL.--Section 14-4A-6 NMSA 1978 (being Laws
2005, Chapter 244, Section 6) is repealed.
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