0001| HOUSE BILL 74 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| GARY K. KING | 0005| | 0006| | 0007| | 0008| FOR THE REGULATION COMMISSION REORGANIZATION COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO THE MERGER OF THE STATE CORPORATION COMMISSION AND | 0012| THE NEW MEXICO PUBLIC UTILITY COMMISSION; PROVIDING THE | 0013| STATUTORY FRAMEWORK TO CARRY OUT THE PROVISIONS OF ARTICLE 11, | 0014| SECTIONS 1 AND 2 OF THE CONSTITUTION OF NEW MEXICO THAT | 0015| CREATED THE PUBLIC REGULATION COMMISSION; HARMONIZING CERTAIN | 0016| STATUTORY PROVISIONS RELATING TO REGULATION BY THE COMMISSION; | 0017| ABOLISHING THE NEW MEXICO PUBLIC UTILITY COMMISSION; MOVING | 0018| THE STATE FIRE MARSHAL AND THE FIREFIGHTER'S TRAINING ACADEMY | 0019| TO THE DEPARTMENT OF PUBLIC SAFETY; ABOLISHING THE INSURANCE | 0020| BOARD AND THE FIRE BOARD; TRANSFERRING PERSONNEL, PROPERTY, | 0021| CONTRACTUAL AGREEMENTS, RULES AND STATUTORY REFERENCES. | 0022| | 0023| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0024| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0025| through 20 of this act may be cited as the "Public Regulation | - 1 - 0001| Commission Act". | 0002| Section 2. [NEW MATERIAL] DEFINITIONS.--As used in | 0003| the Public Regulation Commission Act: | 0004| A. "commission" means the public regulation | 0005| commission; | 0006| B. "commissioner" means a person elected or | 0007| appointed to the public regulation commission; and | 0008| C. "person" means an individual, corporation, | 0009| firm, partnership, association, joint venture or similar legal | 0010| entity. | 0011| Section 3. [NEW MATERIAL] PUBLIC REGULATION | 0012| COMMISSION.-- | 0013| A. The "public regulation commission", created in | 0014| Article 11, Section 1 of the constitution of New Mexico, is | 0015| composed of five commissioners elected from districts as | 0016| provided in that article and the Public Regulation Commission | 0017| Apportionment Act. | 0018| B. The commission shall annually elect one of its | 0019| members chairman, who shall preside at hearings. In the | 0020| absence of the chairman, the commission may appoint any other | 0021| member to preside. | 0022| Section 4. [NEW MATERIAL] COMMISSION--GENERAL POWERS | 0023| AND DUTIES.-- | 0024| A. The commission shall administer and enforce the | 0025| laws with which it is charged and has every power conferred by | - 2 - 0001| law. | 0002| B. The commission may: | 0003| (1) subject to legislative appropriation, | 0004| appoint and employ such professional, technical and clerical | 0005| assistance as it deems necessary to assist it in performing | 0006| its powers and duties; | 0007| (2) delegate authority to subordinates as it | 0008| deems necessary and appropriate, clearly delineating such | 0009| delegated authority and any limitations; | 0010| (3) retain competent attorneys to handle the | 0011| legal matters of the commission and give advice and counsel in | 0012| regard to any matter connected with the duties of the | 0013| commission and, in the discretion of the commission, to | 0014| represent the commission in any legal proceeding; | 0015| (4) organize into organizational units as | 0016| necessary to enable it to function most efficiently, subject | 0017| to provisions of law requiring or establishing specific | 0018| organizational units; | 0019| (5) take administrative action by issuing | 0020| orders not inconsistent with law to assure implementation of | 0021| and compliance with the provisions of law for which the | 0022| commission is responsible and to enforce those orders by | 0023| appropriate administrative action and court proceedings; | 0024| (6) conduct research and studies to improve | 0025| the commission's operations or the provision of services to | - 3 - 0001| the citizens of New Mexico; | 0002| (7) conduct investigations as necessary to | 0003| carry out the commission's responsibilities; | 0004| (8) apply for and accept grants and donations | 0005| in the name of the state to carry out its powers and duties; | 0006| (9) enter into contracts to carry out its | 0007| powers and duties; | 0008| (10) adopt such reasonable administrative, | 0009| regulatory and procedural rules as may be necessary or | 0010| appropriate to carry out its powers and duties; | 0011| (11) cooperate with tribal and pueblo | 0012| governments on topics over which the commission and the other | 0013| governments have jurisdiction and conduct joint | 0014| investigations, hold joint hearings and issue joint or | 0015| concurrent orders as appropriate; and | 0016| (12) apply to the district court for | 0017| injunctions to prevent violations of any laws that it | 0018| administers or rules or orders adopted pursuant to those laws. | 0019| C. The commission shall: | 0020| (1) prepare an annual budget for submission | 0021| to the legislature; | 0022| (2) provide for surety bond coverage for all | 0023| employees of the commission as provided in the Surety Bond Act | 0024| and pay the costs of such bonds; | 0025| (3) adopt rules to streamline the resolution | - 4 - 0001| of cases before it when appropriate by: | 0002| (a) the use of hearing examiners; | 0003| (b) the taking of evidence with the | 0004| least delay practicable; | 0005| (c) limiting repetitious testimony; and | 0006| (d) adopting procedures for resolving | 0007| cases in ways other than by trial-type hearings when | 0008| appropriate, including consent calendars, conferences, | 0009| settlements, mediation, arbitration and other alternative | 0010| dispute resolution methods and the use of staff decisions; and | 0011| (4) provide a toll-free telephone number and | 0012| publish it and the commission's general telephone number in | 0013| local telephone directories. | 0014| D. A majority of the commission constitutes a | 0015| quorum for the transaction of business; provided, however, | 0016| that a majority vote of the commission is needed for a final | 0017| decision of the commission. | 0018| Section 5. [NEW MATERIAL] CHIEF OF STAFF--DIVISION | 0019| DIRECTORS--OTHER STAFF.-- | 0020| A. The commission shall appoint a "chief of staff" | 0021| who is responsible for the day-to-day operations of the | 0022| commission staff under the general direction of the | 0023| commission. The chief of staff shall serve at the pleasure of | 0024| the commission. | 0025| B. With the consent of the commission, the chief | - 5 - 0001| of staff shall appoint division directors. Appointments shall | 0002| be made without reference to party affiliation and solely on | 0003| the ground of fitness to perform the duties of their offices. | 0004| C. Each director, with the consent of the chief of | 0005| staff, shall employ such professional, technical and support | 0006| staff as necessary to carry out the duties of his division. | 0007| Employees shall be hired solely on the ground of their fitness | 0008| to perform the job for which they are hired. Division staff | 0009| are subject to the provisions of the Personnel Act. | 0010| Section 6. [NEW MATERIAL] COMMISSION--DIVISIONS.--The | 0011| commission shall include the following organizational units: | 0012| A. the administrative services division; | 0013| B. the consumer relations division; | 0014| C. the insurance division; | 0015| D. the legal division; | 0016| E. the transportation division; and | 0017| F. the utility division. | 0018| Section 7. [NEW MATERIAL] ADMINISTRATIVE SERVICES | 0019| DIVISION--CHIEF CLERK.-- | 0020| A. The chief of staff shall appoint a "chief | 0021| clerk" who shall record the judgments, rules, orders and other | 0022| proceedings of the commission and make a complete index to the | 0023| judgments, rules, orders and other proceedings; issue and | 0024| attest all processes issuing from the commission and affix the | 0025| seal of the commission to them; and preserve the seal and | - 6 - 0001| other property belonging to the commission. | 0002| B. The chief clerk shall direct the administrative | 0003| services division, including the "corporations bureau" and the | 0004| following functions: | 0005| (1) case docketing; | 0006| (2) budget and accounting; | 0007| (3) personnel services; | 0008| (4) procurement; and | 0009| (5) information systems services. | 0010| C. The corporations bureau shall perform the | 0011| functions of the corporations department of the former state | 0012| corporation commission. | 0013| Section 8. [NEW MATERIAL] CONSUMER RELATIONS | 0014| DIVISION.-- | 0015| A. The consumer relations division shall: | 0016| (1) receive and investigate nondocketed | 0017| consumer complaints and assist consumers in resolving, in a | 0018| fair and timely manner, complaints against a person under the | 0019| authority of the commission, including mediation and other | 0020| methods of alternative dispute resolution; provided, however, | 0021| that assistance pursuant to this paragraph does not include | 0022| legal representation of a private complainant in an | 0023| adjudicatory proceeding; | 0024| (2) work with the consumer protection | 0025| division of the attorney general's office, the governor's | - 7 - 0001| constituent services office and other state agencies as needed | 0002| to ensure fair and timely resolution of complaints; | 0003| (3) advise the commission on how to maximize | 0004| public input into commission proceedings, including ways to | 0005| eliminate language, disability and other barriers; | 0006| (4) identify, research and advise the | 0007| commission on consumer issues; | 0008| (5) assist the commission in the development | 0009| and implementation of consumer policies and programs; and | 0010| (6) perform such other duties as prescribed | 0011| by the commission. | 0012| B. All complaints received by the division with | 0013| regard to quality or quantity of service provided by a | 0014| regulated entity or its competitors shall be recorded by the | 0015| division for the purpose of determining general concerns of | 0016| consumers. A report of consumer complaints and their status | 0017| shall be included in the commission's annual report. | 0018| Section 9. [NEW MATERIAL] INSURANCE DIVISION.-- | 0019| A. The director of the insurance division is the | 0020| "superintendent of insurance" and shall have all the powers | 0021| and duties prescribed to him in the New Mexico Insurance Code. | 0022| B. The insurance division shall consist of such | 0023| bureaus as the superintendent of insurance determines for the | 0024| orderly conduct of business. | 0025| Section 10. [NEW MATERIAL] LEGAL DIVISION.-- | - 8 - 0001| | 0002| A. The commission shall set minimum requirements | 0003| for the director of the legal division, including membership | 0004| in the New Mexico bar and administrative and supervisory | 0005| experience. | 0006| B. The legal division shall: | 0007| (1) provide legal counsel for the commission | 0008| in matters not involving advice on contested proceedings | 0009| before the commission; and | 0010| (2) provide legal counsel to all divisions, | 0011| including the legal component of the staff that represents the | 0012| public interest in matters before the commission. | 0013| Section 11. [NEW MATERIAL] TRANSPORTATION DIVISION.-- | 0014| The transportation division shall serve as staff to the | 0015| commission for the following functions, as provided by law: | 0016| A. motor carrier regulation and enforcement; | 0017| B. railroad safety enforcement; | 0018| C. pipeline safety; and | 0019| D. ambulance standards. | 0020| Section 12. [NEW MATERIAL] UTILITY DIVISION.-- | 0021| A. The utility division shall serve as staff to | 0022| the commission in the regulation of electric, natural gas, | 0023| telecommunications and water and wastewater systems as | 0024| provided by law. | 0025| B. The commission shall set minimum educational | - 9 - 0001| and experience requirements for the director of the utility | 0002| division. | 0003| C. The utility division shall represent the public | 0004| interest in utility matters before the commission and may | 0005| present testimony and cross-examine witnesses. | 0006| D. The utility division shall perform the | 0007| functions of the telecommunications department of the former | 0008| state corporation commission and staff functions, not | 0009| including advisory functions, of the former New Mexico public | 0010| utility commission. | 0011| E. Utility division staff shall not have ex parte | 0012| communications with commissioners or a hearing examiner | 0013| assigned to a utility case. | 0014| Section 13. [NEW MATERIAL] ADVISORY STAFF.-- | 0015| A. The chief of staff may hire, with the consent | 0016| of the commission, advisory staff with expertise in regulatory | 0017| law, engineering, economics and other professional or | 0018| technical disciplines to advise the commission on any matter | 0019| before the commission. The chief of staff may hire on a | 0020| temporary, term or contract basis such other experts or staff | 0021| as the commission requires for a particular case. | 0022| B. Advisory staff shall: | 0023| (1) analyze case records; | 0024| (2) analyze recommended decisions; | 0025| (3) advise the commission on policy issues; | - 10 - 0001| (4) assist the commission in the development | 0002| of rules; | 0003| (5) assist the commission in writing final | 0004| orders; and | 0005| (6) perform such other duties as required by | 0006| the chief of staff. | 0007| Section 14. [NEW MATERIAL] HEARING EXAMINERS.-- | 0008| A. The commission may appoint a commissioner or a | 0009| hearing examiner to preside over any matter before the | 0010| commission, including rulemakings, adjudicatory hearings and | 0011| administrative matters. | 0012| B. Except as provided in the New Mexico Insurance | 0013| Code, a hearing examiner shall provide the commission with a | 0014| recommended decision on the matter assigned to him, including | 0015| findings of fact and conclusions of law. The recommended | 0016| decision shall be provided to the parties, and they may file | 0017| exceptions to the decision prior to the final decision of the | 0018| commission. | 0019| Section 15. [NEW MATERIAL] COMMISSION RULES-- | 0020| PROCEDURES FOR ADOPTION.-- | 0021| A. Unless otherwise provided by law, no rule | 0022| affecting a person outside the commission shall be adopted, | 0023| amended or repealed except after public notice and public | 0024| hearing before the commission or a hearing examiner designated | 0025| by the commission. | - 11 - 0001| B. Notice of the subject matter of the rule, the | 0002| action proposed to be taken, the manner in which interested | 0003| persons may present their views and the method by which copies | 0004| of the proposed rule, amendment or repealing provisions may be | 0005| obtained shall be published at least once at least thirty days | 0006| prior to the hearing date in a newspaper of general | 0007| circulation and mailed at least thirty days prior to the | 0008| hearing date to all persons who have made a written request | 0009| for advance notice. Additional notice may be made by posting | 0010| on the internet or by using other alternative methods of | 0011| informing interested persons. | 0012| C. If the commission finds that immediate | 0013| adoption, amendment or suspension of a rule is necessary for | 0014| the preservation of the public peace, health, safety or | 0015| general welfare, the commission may dispense with notice and | 0016| public hearing and adopt, amend or suspend the rule as an | 0017| emergency. The commission's finding of why an emergency | 0018| exists shall be incorporated in the emergency rule, amendment | 0019| or suspension filed with the state records center. Upon | 0020| adoption of an emergency rule that is intended to remain in | 0021| effect for longer than sixty days, notice shall be given | 0022| within seven days of filing the rule as required in this | 0023| section for proposed rules. | 0024| D. The commission shall issue a rule within | 0025| eighteen months following the publication of that proposed | - 12 - 0001| rule or it shall be deemed to be withdrawn. The commission | 0002| may propose the same or revised rule in a subsequent | 0003| rulemaking. | 0004| E. All rules shall be filed in accordance with the | 0005| State Rules Act and shall be effective fifteen days after | 0006| filing unless a longer time is provided by the rule. | 0007| Section 16. [NEW MATERIAL] RECORD OF PROCEEDINGS.-- | 0008| Unless otherwise provided by law, the commission may by rule | 0009| provide that oral proceedings before the commission may be | 0010| taken by any means that provides a full and complete record, | 0011| including tape recording or stenography. The commission by | 0012| rule shall determine when tape recordings are transcribed. A | 0013| party to the proceeding may request a copy of a tape recording | 0014| or a written transcript if one is provided. The commission | 0015| may charge a reasonable fee for a copy of a proceeding. Copy | 0016| costs shall be determined by the commission by rule and money | 0017| collected shall be deposited in the general fund. | 0018| Section 17. [NEW MATERIAL] EX PARTE COMMUNICATIONS.-- | 0019| A. A commissioner shall not initiate, permit or | 0020| consider a communication directly or indirectly with a party | 0021| or his representative outside the presence of the other | 0022| parties concerning a pending rulemaking after the record has | 0023| been closed or a pending adjudication. | 0024| B. A hearing examiner shall not initiate, permit | 0025| or consider a communication directly or indirectly with a | - 13 - 0001| party or his representative outside the presence of the other | 0002| parties concerning a pending rulemaking or adjudication. | 0003| C. Notwithstanding the provisions of Subsections A | 0004| and B of this section, the following ex parte communications | 0005| are permitted: | 0006| (1) where circumstances require, ex parte | 0007| communications for procedural or administrative purposes or | 0008| emergencies that do not deal with substantive matters or | 0009| issues on the merits are allowed if the commissioner or | 0010| hearing examiner reasonably believes that no party will gain | 0011| an advantage as a result of the ex parte communication and the | 0012| commissioner or hearing examiner makes provision to promptly | 0013| notify all other parties of the substance of the ex parte | 0014| communication; | 0015| (2) a commissioner may consult with another | 0016| commissioner or with advisory staff whose function is to | 0017| advise the commission in carrying out the commissioner's | 0018| rulemaking or adjudicative responsibilities; | 0019| (3) a hearing examiner may consult with the | 0020| commission's advisory staff; and | 0021| (4) a commissioner or hearing examiner may | 0022| obtain the advice of a nonparty expert on an issue raised in | 0023| the rulemaking or adjudication if the commissioner or hearing | 0024| examiner gives notice to the parties of the person consulted | 0025| and the substance of the advice and affords the parties | - 14 - 0001| reasonable opportunity to respond. | 0002| D. A commissioner or hearing examiner who receives | 0003| or who makes or knowingly causes to be made a communication | 0004| prohibited by this section shall disclose it to all parties | 0005| and give other parties an opportunity to respond. | 0006| E. Upon receipt of a communication knowingly made | 0007| or caused to be made by a party to a commissioner or hearing | 0008| examiner in violation of this section, the commissioner or | 0009| hearing examiner may, to the extent consistent with the | 0010| interests of justice and the policy of the underlying | 0011| statutes, require the party to show cause why his claim or | 0012| interest in the proceeding should not be dismissed, denied, | 0013| disregarded or otherwise adversely affected on account of the | 0014| violation of this section. | 0015| Section 18. [NEW MATERIAL] RECUSAL OF COMMISSIONER OR | 0016| HEARING EXAMINER.-- | 0017| A. A commissioner or hearing examiner shall recuse | 0018| himself in any adjudicatory proceeding in which he is unable | 0019| to make a fair and impartial decision or in which there is | 0020| doubt about whether he can make a fair and impartial decision, | 0021| including: | 0022| (1) when he has a personal bias or prejudice | 0023| concerning a party or its representative or has prejudged a | 0024| disputed evidentiary fact involved in a proceeding prior to | 0025| hearing. For the purposes of this paragraph, "personal bias | - 15 - 0001| or prejudice" means a predisposition toward a person based on | 0002| a previous or ongoing relationship, including a professional, | 0003| personal, familial or other intimate relationship, that sways | 0004| judgment and renders the commissioner or hearing examiner | 0005| unable to exercise his functions impartially; | 0006| (2) when he has a pecuniary interest in the | 0007| outcome of the proceeding other than as a customer of a party; | 0008| (3) when in previous employment he served as | 0009| an attorney, adviser, consultant or witness in the matter in | 0010| controversy; or | 0011| (4) when, as a candidate for office, he | 0012| announced how he would rule on the adjudicatory proceeding or | 0013| a factual issue in the adjudicatory proceeding. | 0014| B. If a commissioner or hearing examiner fails to | 0015| recuse himself when it appears that grounds exist, a party | 0016| shall promptly notify the commissioner or hearing examiner of | 0017| the apparent grounds for recusal. If the commissioner or | 0018| hearing examiner declines to recuse himself upon request of a | 0019| party, he shall provide full disclosure on the record of all | 0020| facts in support of his refusal to recuse himself. | 0021| Section 19. [NEW MATERIAL] PROHIBITED ACTS-- | 0022| CANDIDATES--COMMISSIONERS AND EMPLOYEES.-- | 0023| A. As used in this section, in addition to the | 0024| definitions provided in Section 2 of the Public Regulation | 0025| Commission Act: | - 16 - 0001| (1) "affiliated interest" means a person who | 0002| directly controls or is controlled by or is under common | 0003| control with a regulated entity, including an agent, | 0004| representative, attorney, employee, officer, owner, director | 0005| or partner of an affiliated interest. For the purposes of | 0006| this definition, "control" includes the possession of the | 0007| power to direct or cause the direction of the management and | 0008| policies of a person, whether directly or indirectly, through | 0009| the ownership, control or holding with the power to vote of | 0010| ten percent or more of the person's voting securities; | 0011| (2) "intervenor" means a person who is | 0012| intervening as a party in an adjudicatory matter or commenting | 0013| in a rulemaking pending before the commission or has | 0014| intervened in an adjudicatory or rulemaking matter before the | 0015| commission within the preceding twenty-four months, including | 0016| an agent, representative, attorney, employee, officer, owner, | 0017| director, partner or member of an intervenor; | 0018| (3) "pecuniary interest" includes owning or | 0019| controlling securities; serving as an officer, director, | 0020| partner, owner, employee, attorney or consultant; or otherwise | 0021| benefiting from a business relationship, but does not include | 0022| an investment in a mutual fund or similar third-party- | 0023| controlled investment or pension or disability benefits; and | 0024| (4) "regulated entity" means a person whose | 0025| charges for services to the public are regulated by the | - 17 - 0001| commission and includes any direct or emerging competitors of | 0002| a regulated entity and includes an agent, representative, | 0003| attorney, employee, officer, owner, director or partner of the | 0004| regulated entity. | 0005| B. In addition to the requirements of the | 0006| Financial Disclosure Act and the Governmental Conduct Act, | 0007| candidates for the commission, commissioners and employees of | 0008| the commission shall comply with the requirements of this | 0009| section and Sections 17 and 18 of the Public Regulation | 0010| Commission Act, as applicable. | 0011| C. A candidate for election to the public | 0012| regulation commission shall not solicit or accept anything of | 0013| value, either directly or indirectly, from a person whose | 0014| charges for services to the public are regulated by the | 0015| commission. For the purposes of this paragraph, "anything of | 0016| value" includes money, in-kind contributions and volunteer | 0017| services to the candidate or his campaign organization, but | 0018| does not include pension or disability benefits. | 0019| D. A commissioner or employee of the commission | 0020| shall not: | 0021| (1) accept anything of value from a regulated | 0022| entity, affiliated interest or intervenor. For the purposes | 0023| of this paragraph, a commissioner may accept allowable | 0024| campaign contributions when campaigning for reelection. For | 0025| the purposes of this paragraph, "anything of value" does not | - 18 - 0001| include: | 0002| (a) the cost of refreshments totaling | 0003| no more than five dollars ($5.00) a day or refreshments at a | 0004| public reception or other public social function that are | 0005| available to all guests equally; | 0006| (b) inexpensive promotional items that | 0007| are available to all customers of the regulated entity, | 0008| affiliated interest or intervenor; or | 0009| (c) pension or disability benefits | 0010| received from a regulated entity, affiliated interest or | 0011| intervenor; | 0012| (2) have a pecuniary interest in a regulated | 0013| entity, affiliated interest or intervenor; or | 0014| (3) solicit any regulated entity, affiliated | 0015| interest or intervenor to appoint a person to a position or | 0016| employment in any capacity. | 0017| E. After leaving the commission: | 0018| (1) a former commissioner shall not be | 0019| employed or retained by a regulated entity, affiliated | 0020| interest or intervenor within two years of his separation from | 0021| the commission; | 0022| (2) a former employee shall not appear before | 0023| the commission representing a party to an adjudication or a | 0024| participant in a rulemaking within one year of ceasing to be | 0025| an employee; and | - 19 - 0001| (3) a former commissioner or employee shall | 0002| not represent a party before the commission or a court in a | 0003| matter that was pending before the commission while the | 0004| commissioner or employee was associated with the commission | 0005| and in which he was personally and substantially involved in | 0006| the matter. | 0007| F. The attorney general or a district attorney may | 0008| institute a civil action in the district court for Santa Fe | 0009| county or, in his discretion, the district court for the | 0010| county in which a defendant resides if a violation of this | 0011| section has occurred or to prevent a violation of this | 0012| section. A civil penalty may be assessed in the amount of two | 0013| hundred fifty dollars ($250) for each violation, not to exceed | 0014| five thousand dollars ($5,000). | 0015| Section 20. [NEW MATERIAL] COMMISSION REPORTS.--By | 0016| December 1 of each year, the commission shall report to the | 0017| legislature and the governor regarding its activities for the | 0018| previous year in sufficient detail to disclose the workings of | 0019| the commission and the impact of regulation on the industries | 0020| regulated by the commission. The report may include | 0021| suggestions and recommended changes in law, as the commission | 0022| deems appropriate, that would be in the public interest. | 0023| Section 21. Section 8-1-1 NMSA 1978 (being Laws 1971, | 0024| Chapter 260, Section 1, as amended) is amended to read: | 0025| "8-1-1. COMPENSATION OF ELECTIVE STATE OFFICERS.-- | - 20 - 0001| A. Annual compensation of elective state officers | 0002| shall be paid as follows: | 0003| governor. . . . . . . . . . . . . . . . . . . . $90,000 | 0004| secretary of state. . . . . . . . . . . . . . . 65,000 | 0005| state auditor . . . . . . . . . . . . . . . . . 65,000 | 0006| state treasurer . . . . . . . . . . . . . . . . 65,000 | 0007| attorney general. . . . . . . . . . . . . . . . 72,500 | 0008| commissioner of public lands. . . . . . . . . . 72,500 | 0009| ~~[state corporation]~~ public regulation | 0010| commissioner. . . . . . . . . . . . . . ~~[65,000]~~ | 0011| 72,500. | 0012| B. Any person succeeding to the office of governor | 0013| as provided in Article 5, Section 7 of the constitution of New | 0014| Mexico shall receive the salary of the office. Every person | 0015| serving as acting governor during the incapacity or absence of | 0016| the governor from the state, other than the secretary of | 0017| state, shall receive one hundred fifty dollars ($150) as | 0018| compensation for each day's service as acting governor. | 0019| C. All compensation under this section shall be | 0020| paid from the general fund, except that the amount paid to the | 0021| commissioner of public lands shall be paid from the state | 0022| ~~[land office]~~ lands maintenance fund." | 0023| Section 22. A new section of Chapter 8, Article 5 NMSA | 0024| 1978 is enacted to read: | 0025| "[NEW MATERIAL] ATTORNEY GENERAL--CONSUMER | - 21 - 0001| REPRESENTATION BEFORE COMMISSION.-- | 0002| A. The attorney general shall represent | 0003| residential and small business consumers in matters before the | 0004| public regulation commission as the attorney general deems | 0005| appropriate. | 0006| B. The attorney general: | 0007| (1) shall research, study and analyze | 0008| residential and small business consumer interests; | 0009| (2) shall prepare and present briefs, | 0010| arguments, proposed rates or orders and intervene or appear on | 0011| behalf of residential and small business consumers before the | 0012| public regulation commission as a party in interest; | 0013| (3) may accept grants and donations in the | 0014| name of the state to carry out the provisions of this section; | 0015| (4) may cooperate with tribal and pueblo | 0016| governments in New Mexico to ensure that the interests of | 0017| Indian residential and small business consumers are being | 0018| represented appropriately before the public regulation | 0019| commission; and | 0020| (5) shall report by December 1 of each year | 0021| to the legislature and the governor on the activities of his | 0022| office on behalf of residential and small business | 0023| consumers." | 0024| Section 23. Section 9-19-4 NMSA 1978 (being Laws 1987, | 0025| Chapter 254, Section 4, as amended) is amended to read: | - 22 - 0001| "9-19-4. DEPARTMENT ESTABLISHED.--There is created in | 0002| the executive branch the "department of public safety". The | 0003| department shall be a cabinet department and shall ~~[consist~~ | 0004| ~~of, but not be limited to, four program divisions and one~~ | 0005| ~~administrative division, as follows]~~ include the following | 0006| divisions: | 0007| A. the New Mexico state police division; | 0008| B. the special investigations division; | 0009| C. the training and recruiting division; | 0010| D. the technical and emergency support division; | 0011| ~~[and]~~ | 0012| E. the administrative services division; and | 0013| F. the state fire marshal division, including the | 0014| firefighters training academy, which shall be a bureau of the | 0015| state fire marshal division." | 0016| Section 24. Section 53-5-1 NMSA 1978 (being Laws 1959, | 0017| Chapter 181, Section 1) is amended to read: | 0018| "53-5-1. SHORT TITLE.--~~[This act]~~ Chapter 53, Article | 0019| 5 NMSA 1978 may be cited as the "Corporate Reports Act"." | 0020| Section 25. Section 53-7-18 NMSA 1978 (being Laws 1983, | 0021| Chapter 312, Section 1) is amended to read: | 0022| "53-7-18. SHORT TITLE.--~~[This act]~~ Sections 53-7-18 | 0023| through 53-7-46 NMSA 1978 may be cited as the "Business | 0024| Development Corporation Act"." | 0025| Section 26. Section 53-8-1 NMSA 1978 (being Laws 1975, | - 23 - 0001| Chapter 217, Section 1, as amended) is amended to read: | 0002| "53-8-1. SHORT TITLE.--~~[Article 14 of Chapter 51, NMSA~~ | 0003| ~~1953]~~ Chapter 53, Article 8 NMSA 1978 may be cited as the | 0004| "Nonprofit Corporation Act"." | 0005| Section 27. Section 53-8-2 NMSA 1978 (being Laws 1975, | 0006| Chapter 217, Section 2, as amended) is amended to read: | 0007| "53-8-2. DEFINITIONS.--As used in the Nonprofit | 0008| Corporation Act, unless the context otherwise requires ~~[the~~ | 0009| ~~term]~~: | 0010| A. "corporation" or "domestic corporation" means a | 0011| nonprofit corporation subject to the provisions of the | 0012| Nonprofit Corporation Act, except a foreign corporation; | 0013| B. "foreign corporation" means a nonprofit | 0014| corporation organized under laws other than the laws of New | 0015| Mexico for a purpose ~~[or purposes]~~ for which a corporation | 0016| may be organized under the Nonprofit Corporation Act; | 0017| C. "nonprofit corporation" means a corporation no | 0018| part of the income or profit of which is distributable to its | 0019| members, directors or officers; | 0020| D. "articles of incorporation" means the original | 0021| or restated articles of incorporation or articles of | 0022| consolidation and all amendments thereto, including articles | 0023| of merger; | 0024| E. "bylaws" means the code ~~[or codes]~~ of rules | 0025| adopted for the regulation or management of the affairs of the | - 24 - 0001| corporation, irrespective of the name ~~[or names]~~ by which | 0002| such rules are designated; | 0003| F. "member" means one having membership rights in | 0004| a corporation in accordance with the provisions of its | 0005| articles of incorporation or bylaws; | 0006| G. "board of directors" means the group of persons | 0007| vested with the management of the affairs of the corporation, | 0008| irrespective of the name by which such group is designated; | 0009| H. "insolvent" means inability of a corporation to | 0010| pay its debts as they become due in the usual course of its | 0011| affairs; | 0012| I. "commission" or "corporation commission" means | 0013| the ~~[state corporation]~~ public regulation commission or | 0014| its delegate; | 0015| J. "address" means: | 0016| (1) the mailing address and the street | 0017| address, if within a municipality; or | 0018| (2) the mailing address and a rural route | 0019| number and box number, if any, or the geographical location, | 0020| using well-known landmarks, if outside a municipality; | 0021| K. "duplicate original" means a document ~~[which]~~ | 0022| that is signed or executed in duplicate; | 0023| L. "delivery" means: | 0024| (1) if personally served, the date | 0025| documentation is received by the ~~[commission's corporation~~ | - 25 - 0001| ~~department]~~ corporations bureau of the commission; and | 0002| (2) if mailed to the commission, the date of | 0003| the postmark plus three days, upon proof thereof by the party | 0004| delivering the documentation; and | 0005| M. "person" includes individuals, partnerships, | 0006| corporations and other associations." | 0007| Section 28. Section 53-11-1 NMSA 1978 (being Laws 1967, | 0008| Chapter 81, Section 1, as amended) is amended to read: | 0009| "53-11-1. SHORT TITLE.--Sections ~~[51-24-1 through~~ | 0010| ~~51-31-11 NMSA 1953]~~ 53-11-1 through 53-18-12 NMSA 1978 is | 0011| the general corporation law of New Mexico and may be cited as | 0012| the "Business Corporation Act"." | 0013| Section 29. Section 53-11-2 NMSA 1978 (being Laws 1967, | 0014| Chapter 81, Section 2, as amended) is amended to read: | 0015| "53-11-2. DEFINITIONS.--As used in the Business | 0016| Corporation Act, unless the text otherwise requires: | 0017| A. "corporation" or "domestic corporation" means a | 0018| corporation for profit subject to the provisions of the | 0019| Business Corporation Act, except a foreign corporation; | 0020| B. "foreign corporation" means a corporation for | 0021| profit organized under laws other than the laws of this state | 0022| for a purpose ~~[or purposes]~~ for which a corporation may be | 0023| organized under the Business Corporation Act; | 0024| C. "articles of incorporation" means the original | 0025| or restated articles of incorporation or articles of | - 26 - 0001| consolidation and all amendments thereto, including articles | 0002| of merger; | 0003| D. "shares" means the units into which the | 0004| proprietary interests in a corporation are divided; | 0005| E. "subscriber" means one who subscribes for | 0006| shares in a corporation, whether before or after | 0007| incorporation; | 0008| F. "shareholder" means one who is a holder of | 0009| record of shares in a corporation; | 0010| G. "authorized shares" means the shares of all | 0011| classes which the corporation is authorized to issue; | 0012| H. "annual report" means the corporate report | 0013| required by the Corporate Reports Act; | 0014| I. "distribution" means a direct or indirect | 0015| transfer of money or other property (except its own shares) or | 0016| incurrence of indebtedness, by a corporation to or for the | 0017| benefit of any of its shareholders in respect of any of its | 0018| shares, whether by dividend or by purchase redemption or other | 0019| acquisition of its shares, or otherwise; | 0020| J. "franchise tax" means the franchise tax imposed | 0021| by the Corporate Income and Franchise Tax Act; | 0022| K. "fees" means the fees imposed by Section 53-2-1 | 0023| NMSA 1978; | 0024| L. "commission" means the ~~[state corporation]~~ | 0025| public regulation commission or its delegate; | - 27 - 0001| M. "address" means: | 0002| (1) the mailing address and the street | 0003| address, if within a municipality; or | 0004| (2) the mailing address and a rural route | 0005| number and box number, if any, or the geographical location, | 0006| using well-known landmarks, if outside a municipality; | 0007| N. "duplicate original" means a document ~~[which]~~ | 0008| that is signed or executed in duplicate; | 0009| O. "delivery" means: | 0010| (1) if personally served, the date on which | 0011| the documentation is received by the ~~[commission's~~ | 0012| ~~corporation department]~~ corporations bureau of the | 0013| commission; and | 0014| (2) if mailed, the date of the postmark plus | 0015| three days, upon proof thereof by the party delivering the | 0016| documentation; and | 0017| P. "person" includes individuals, partnerships, | 0018| corporations and other associations." | 0019| Section 30. Section 53-19-1 NMSA 1978 (being Laws 1993, | 0020| Chapter 280, Section 1) is amended to read: | 0021| "53-19-1. SHORT TITLE.--~~[Sections 1 through 74 of this~~ | 0022| ~~act]~~ Chapter 53, Article 19 NMSA 1978 may be cited as the | 0023| "Limited Liability Company Act"." | 0024| Section 31. Section 53-19-2 NMSA 1978 (being Laws 1993, | 0025| Chapter 280, Section 2) is amended to read: | - 28 - 0001| "53-19-2. DEFINITIONS.--As used in the Limited Liability | 0002| Company Act: | 0003| A. "articles of organization" means the original | 0004| or restated articles filed pursuant to the Limited Liability | 0005| Company Act and any amendments to those articles, including | 0006| articles of merger or consolidation; | 0007| B. "corporation" means an organization | 0008| incorporated under the laws of New Mexico or a foreign | 0009| corporation; | 0010| C. "commission" means the ~~[state corporation]~~ | 0011| public regulation commission or its designee; | 0012| D. "court" means a court having jurisdiction in | 0013| the case; | 0014| E. "event of dissociation" means an event that | 0015| causes a person to cease to be a member of a limited liability | 0016| company; | 0017| F. "foreign corporation" means a corporation that | 0018| is organized under the laws of another state or a foreign | 0019| country; | 0020| G. "foreign limited liability company" means ~~[an~~ | 0021| ~~entity]~~ a person that is: | 0022| (1) an unincorporated association; | 0023| (2) organized under the laws of another state | 0024| or foreign country; | 0025| (3) organized under a statute pursuant to | - 29 - 0001| which an association may be formed that affords to each of its | 0002| members limited liability with respect to the liabilities of | 0003| the ~~[entity]~~ person; and | 0004| (4) is not required to be registered or | 0005| organized under the laws of New Mexico other than the Limited | 0006| Liability Company Act; | 0007| H. "foreign limited partnership" means a limited | 0008| partnership formed under the laws of another state or a | 0009| foreign country; | 0010| I. "limited liability company" or "domestic | 0011| limited liability company" means an organization formed | 0012| pursuant to the provisions of the Limited Liability Company | 0013| Act; | 0014| J. "limited liability company interest" means a | 0015| member's or assignee's right to receive distributions and a | 0016| return of capital from the limited liability company. A | 0017| member's or assignee's limited liability company interest does | 0018| not include rights the member or assignee has on account of | 0019| other matters, such as a right to receive accrued salary for | 0020| services the member or assignee rendered to, repayment of a | 0021| loan the member or assignee made to or indemnification by the | 0022| limited liability company; | 0023| K. "limited partnership" means a limited | 0024| partnership under the laws of New Mexico or a foreign limited | 0025| partnership; | - 30 - 0001| L. "manager" means, with respect to a limited | 0002| liability company that has included a statement in its | 0003| articles of organization that it is to be managed by a manager | 0004| ~~[or managers]~~, the person ~~[or persons]~~ designated as | 0005| ~~[managers]~~ manager in accordance with the articles of | 0006| organization or an operating agreement; | 0007| M. "member" means a person who has been admitted | 0008| to membership in a limited liability company and who has not | 0009| dissociated from that company; | 0010| N. "membership interest" or "interest" means a | 0011| member's limited liability company interest and his rights to | 0012| participate in management and control of the limited liability | 0013| company; | 0014| O. "operating agreement" means a written agreement | 0015| providing for the conduct of the business and affairs of a | 0016| limited liability company and that agreement as amended in | 0017| writing; | 0018| P. "person" means an individual, a general | 0019| partnership, a limited partnership, a domestic or foreign | 0020| limited liability company, a trust, an estate, an association, | 0021| a corporation or any other legal entity; and | 0022| Q. "state" means a state, territory or possession | 0023| of the United States, the District of Columbia or the | 0024| commonwealth of Puerto Rico." | 0025| Section 32. Section 59A-1-4 NMSA 1978 (being Laws 1984, | - 31 - 0001| Chapter 127, Section 4) is amended to read: | 0002| "59A-1-4. ~~[CORPORATION]~~ COMMISSION.--"Corporation | 0003| commission" or "commission" means the ~~[state corporation]~~ | 0004| public regulation commission ~~[of New Mexico]~~." | 0005| Section 33. Section 59A-1-7 NMSA 1978 (being Laws 1984, | 0006| Chapter 127, Section 7) is amended to read: | 0007| "59A-1-7. INSURANCE DEPARTMENT.--"Insurance department", | 0008| "insurance division" or "division" means the ~~[department~~ | 0009| ~~of]~~ insurance division of the ~~[corporation]~~ commission." | 0010| Section 34. Section 59A-1-12 NMSA 1978 (being Laws 1984, | 0011| Chapter 127, Section 12) is amended to read: | 0012| "59A-1-12. SUPERINTENDENT.--"Superintendent" means the | 0013| superintendent of ~~[the]~~ insurance ~~[department, as~~ | 0014| ~~designated as such by the corporation commission]~~ or the | 0015| superintendent's duly authorized representative acting in | 0016| official capacity." | 0017| Section 35. Section 59A-2-1 NMSA 1978 (being Laws 1984, | 0018| Chapter 127, Section 19) is amended to read: | 0019| "59A-2-1. INSURANCE ~~[DEPARTMENT CONTINUED--DIVISION OF~~ | 0020| ~~POWERS]~~ DIVISION CREATED.-- | 0021| A. The ~~[department of]~~ insurance ~~[is~~ | 0022| ~~continued]~~ division is created within the ~~[corporation]~~ | 0023| commission. | 0024| B. All powers relating to state supervision of | 0025| insurance, insurance rates and rate practices, together with | - 32 - 0001| collection of insurance licenses, taxes or fees, and all | 0002| records pertaining to such supervision ~~[shall continue to be~~ | 0003| ~~and remain]~~ are under control of the ~~[corporation]~~ | 0004| commission through ~~[its insurance department; except that all~~ | 0005| ~~powers relating to state control and supervision of insurance~~ | 0006| ~~rates and rate practices, as provided for in Article 17 of the~~ | 0007| ~~Insurance Code and all records pertaining thereto shall~~ | 0008| ~~continue to be and remain under exclusive control of the state~~ | 0009| ~~insurance board]~~ the division." | 0010| Section 36. Section 59A-2-2 NMSA 1978 (being Laws 1984, | 0011| Chapter 127, Section 20) is amended to read: | 0012| "59A-2-2. SUPERINTENDENT ~~[DEPARTMENT CHIEF]~~-- | 0013| APPOINTMENT--REMOVAL.--The superintendent of insurance shall | 0014| be chief officer of the insurance ~~[department]~~ division. | 0015| The superintendent shall be appointed and may be removed for | 0016| cause at any time by the ~~[corporation]~~ commission." | 0017| Section 37. Section 59A-2-4 NMSA 1978 (being Laws 1984, | 0018| Chapter 127, Section 22, as amended) is amended to read: | 0019| "59A-2-4. STAFF.--~~[A.]~~ With the ~~[corporation~~ | 0020| ~~commission's]~~ chief of staff's approval, the superintendent | 0021| may designate an employee of the insurance ~~[department]~~ | 0022| division as chief deputy superintendent who shall be acting | 0023| superintendent when the office of superintendent is vacant or | 0024| the superintendent is unable to perform the duties of that | 0025| office because of mental or physical disability. | - 33 - 0001| ~~[B. With the corporation commission's approval,~~ | 0002| ~~the superintendent may employ such other administrative and~~ | 0003| ~~clerical assistants and such examiners and other personnel as~~ | 0004| ~~may be required for insurance department operations.~~ | 0005| ~~C. Subject to applicable state personnel laws, the~~ | 0006| ~~corporation commission may, with or without the~~ | 0007| ~~superintendent's recommendation, remove any deputy, assistant~~ | 0008| ~~or other insurance department personnel.~~ | 0009| ~~D. With the corporation commission's approval and~~ | 0010| ~~subject to applicable state personnel laws, the superintendent~~ | 0011| ~~may make reasonable rules and regulations regarding staff~~ | 0012| ~~development through job-related college courses, professional~~ | 0013| ~~programs or other training programs that are commensurate with~~ | 0014| ~~the duties and responsibilities of all professional and other~~ | 0015| ~~personnel whose positions require specialized knowledge of~~ | 0016| ~~insurance.]~~" | 0017| Section 38. Section 59A-4-1 NMSA 1978 (being Laws 1984, | 0018| Chapter 127, Section 45) is amended to read: | 0019| "59A-4-1. SCOPE OF ARTICLE.--Except as otherwise | 0020| expressly provided as to particular matters in the Insurance | 0021| Code, the provisions of ~~[this article]~~ Chapter 59A, Article | 0022| 4 NMSA 1978 as to investigations and hearings by the | 0023| superintendent shall apply as to all persons and operations | 0024| subject to licensing or supervision under the Insurance Code. | 0025| ~~[When the matter concerned in this article is within the~~ | - 34 - 0001| ~~jurisdiction of the insurance department, the superintendent~~ | 0002| ~~is acting as superintendent of that department; when the~~ | 0003| ~~matter concerned is within the jurisdiction of the insurance~~ | 0004| ~~board, the superintendent is acting in the capacity of~~ | 0005| ~~secretary of that board.]~~" | 0006| Section 39. Section 59A-4-20 NMSA 1978 (being Laws 1984, | 0007| Chapter 127, Section 67, as amended) is amended to read: | 0008| "59A-4-20. APPEAL TO COMMISSION--APPEAL TO COURT.-- | 0009| A. A party may appeal from a final order of the | 0010| superintendent ~~[made after an informal hearing or an~~ | 0011| ~~administrative hearing, and the court shall try the matter de~~ | 0012| ~~novo; provided that if an administrative hearing was held, the~~ | 0013| ~~court may, in its discretion, limit its review to that~~ | 0014| ~~provided in Section 12-8-22 NMSA 1978, in which case Sections~~ | 0015| ~~12-8-17 through 12-8-22 NMSA 1978 shall apply.~~ | 0016| ~~B. The appeal shall be taken within sixty days~~ | 0017| ~~after receipt, by the party appealing, of a copy of the~~ | 0018| ~~decision from the review of the superintendent's order by the~~ | 0019| ~~corporation commission or insurance board, if such review is~~ | 0020| ~~sought. If no such review is sought, the appeal shall be~~ | 0021| ~~taken within sixty days after receipt of a copy of the~~ | 0022| ~~superintendent's order by the party appealing.~~ | 0023| ~~C. The appeal shall be taken to the district court~~ | 0024| ~~for Santa Fe county in the same manner and under the same~~ | 0025| ~~rules of pleading, practice and procedure in civil actions as~~ | - 35 - 0001| ~~apply to appeals to court from actions of state administrative~~ | 0002| ~~officers or agencies in general.~~ | 0003| ~~D. Filing of an appeal pursuant to this section~~ | 0004| ~~shall not stay the effectiveness of the order on hearing~~ | 0005| ~~appealed from unless, after notice and opportunity given the~~ | 0006| ~~parties to be heard and for good cause shown, the court~~ | 0007| ~~determines that a stay should be granted and would not be~~ | 0008| ~~detrimental to the interests of any other party or to~~ | 0009| ~~policyholders, stockholders, creditors or to the public.~~ | 0010| ~~E. The district court may affirm, reinstate,~~ | 0011| ~~modify or vacate the order appealed from or remand for~~ | 0012| ~~rehearing by the superintendent as to designated matters~~ | 0013| ~~involved in the hearing. The judgment of the district court~~ | 0014| ~~may be appealed to the court of appeals or to the supreme~~ | 0015| ~~court of New Mexico.~~ | 0016| ~~F. This section shall not apply as to matters~~ | 0017| ~~arising under Chapter 59A, Article 17 NMSA 1978]~~ to the | 0018| commission. | 0019| B. A party in interest being aggrieved by a final | 0020| order or determination of the commission pursuant to the | 0021| provisions of the Insurance Code may appeal to the supreme | 0022| court. | 0023| C. The appeal shall be on the record of the | 0024| hearing before the commission and shall be governed by the | 0025| appellate rules applicable to administrative appeals. The | - 36 - 0001| supreme court shall affirm the commission's order unless it | 0002| is: | 0003| (1) arbitrary, capricious or an abuse of | 0004| discretion; | 0005| (2) not supported by substantial evidence in | 0006| the record; or | 0007| (3) otherwise not in accordance with law." | 0008| Section 40. Section 59A-29-6 NMSA 1978 (being Laws 1985, | 0009| Chapter 61, Section 6, as amended) is amended to read: | 0010| "59A-29-6. APPEALS--JUDICIAL REVIEW ~~[DE NOVO]~~.--Any | 0011| person aggrieved by any action or decision of the | 0012| administrators of the FAIR plan or the underwriting | 0013| association or of any insurer as a result of its participation | 0014| therein may appeal to the superintendent ~~[of insurance]~~ | 0015| within thirty days from the date of the action or the deci- | 0016| | 0017| sion. The superintendent ~~[of insurance]~~ shall, after | 0018| hearing held upon thirty days' written notice, issue an order | 0019| approving the action or decision or disapproving the action or | 0020| decision with respect to the matter ~~[which]~~ that is the | 0021| subject of appeal. All final orders and decisions of the | 0022| superintendent ~~[of insurance]~~ shall be ~~[subject to judicial~~ | 0023| ~~review de novo]~~ appealed as provided in Section 59A-4-20 | 0024| NMSA 1978." | 0025| Section 41. Section 59A-52-1 NMSA 1978 (being Laws 1984, | - 37 - 0001| Chapter 127, Section 947) is amended to read: | 0002| "59A-52-1. ~~[STATE FIRE BOARD AND POSITION OF]~~ STATE | 0003| FIRE MARSHAL ~~[CONTINUED]~~ CREATED.--~~[For purposes of fire~~ | 0004| ~~prevention and investigation, and reduction of fire insurance~~ | 0005| ~~premium rates, the state "fire board" is hereby continued.~~ | 0006| ~~The membership thereof shall be the members of the state~~ | 0007| ~~insurance board, but they shall receive no extra or additional~~ | 0008| ~~compensation for acting in that capacity.]~~ The position of | 0009| "state fire marshal" is ~~[hereby continued. The state fire~~ | 0010| ~~board shall appoint, fix the compensation of, and have power~~ | 0011| ~~to remove, the state fire marshal. The marshal shall serve as~~ | 0012| ~~the executive secretary for the board]~~ created in the | 0013| department of public safety." | 0014| Section 42. Section 59A-52-2 NMSA 1978 (being Laws 1984, | 0015| Chapter 127, Section 948) is amended to read: | 0016| "59A-52-2. STATE FIRE MARSHAL TO ADMINISTER ARTICLE.-- | 0017| The state fire marshal shall administer the provisions of | 0018| ~~[this article under the supervision of the state fire board]~~ | 0019| Chapter 59A, Article 52 NMSA 1978." | 0020| Section 43. Section 59A-52-3 NMSA 1978 (being Laws 1984, | 0021| Chapter 127, Section 949) is amended to read: | 0022| "59A-52-3. DEPUTY STATE FIRE MARSHAL AND OTHER | 0023| EMPLOYEES--QUALIFICATIONS OF DEPUTY.--The state fire marshal | 0024| ~~[shall have the power to]~~ may, with the approval of the | 0025| secretary of public safety, appoint or remove a deputy state | - 38 - 0001| fire marshal and other employees to assist in the execution of | 0002| the marshal's duties ~~[and to set their compensation, subject~~ | 0003| ~~to state laws and regulations concerning classification and~~ | 0004| ~~compensation of state employees]~~; provided, however, that the | 0005| state fire marshal and any deputy state fire marshal appointed | 0006| by the state fire marshal ~~[as herein provided]~~ shall be | 0007| ~~[persons]~~ experienced in fire prevention and fire fighting | 0008| and ~~[who]~~ have completed a course of training by actual | 0009| attendance at a fire-training school." | 0010| Section 44. Section 59A-52-21 NMSA 1978 (being Laws | 0011| 1984, Chapter 127, Section 967) is amended to read: | 0012| "59A-52-21. ADMINISTRATIVE APPEAL OF ORDERS AND | 0013| MODIFICATIONS.--Any person aggrieved by any order of the state | 0014| fire marshal, his deputy or authorized officer or his | 0015| designated agent may appeal to the ~~[state fire board]~~ | 0016| secretary of public safety within ten ~~[(10)]~~ days from the | 0017| date of the service of such order. The ~~[state fire board]~~ | 0018| secretary of public safety shall hear such party ~~[or~~ | 0019| ~~parties]~~ within twenty ~~[(20)]~~ days after receipt of an | 0020| appeal request and shall give not less than ten ~~[(10)]~~ days' | 0021| written notice of the hearing. Within fifteen ~~[(15)]~~ days | 0022| after such hearing, the ~~[state fire board]~~ secretary shall | 0023| file ~~[its]~~ his decision ~~[thereon]~~ and, unless by ~~[its]~~ | 0024| his authority the order is revoked or modified, it shall be | 0025| complied with within the time fixed in the decision, with such | - 39 - 0001| time to be not less than thirty ~~[(30)]~~ days." | 0002| Section 45. Section 59A-52-23 NMSA 1978 (being Laws | 0003| 1984, Chapter 127, Section 969) is amended to read: | 0004| "59A-52-23. ENFORCEMENT OF CEASE AND DESIST ORDERS.-- | 0005| After expiration of time for an administrative appeal, and if | 0006| no such appeal has been taken, the state fire marshal may | 0007| commence an action in the district court for Santa Fe county | 0008| to enforce the cease and desist order by injunction or other | 0009| appropriate remedy as the district court may adjudge. The | 0010| ~~[state fire board]~~ secretary of public safety may likewise | 0011| commence an action in the district court for Santa Fe county | 0012| to enforce ~~[its]~~ his decision rendered on appeal from the | 0013| cease and desist order of the state fire marshal." | 0014| Section 46. Section 59A-53-6 NMSA 1978 (being Laws 1984, | 0015| Chapter 127, Section 977, as amended) is amended to read: | 0016| "59A-53-6. APPEAL AND REVIEW OF DETERMINATION.--The | 0017| marshal shall promptly notify each incorporated city, town, | 0018| village and county fire district affected of his determination | 0019| of needs, and ~~[any]~~ an incorporated city, town, village or | 0020| county fire district may appeal from the determination of the | 0021| marshal to the ~~[state fire board]~~ secretary of public | 0022| safety, within ten days after the determination of needs. | 0023| The ~~[state insurance board]~~ secretary shall review the | 0024| determination of the marshal in such informal and summary | 0025| proceedings as ~~[it may deem]~~ he deems proper and shall | - 40 - 0001| certify to the state treasurer annually, on or before the last | 0002| day of June, the results of all appeals from the | 0003| determinations of the marshal. The certification by the | 0004| ~~[state fire board]~~ secretary, or by the marshal if no | 0005| appeal is taken, shall be final and binding on all concerned | 0006| and not subject to any further review." | 0007| Section 47. Section 59A-53-7 NMSA 1978 (being Laws 1984, | 0008| Chapter 127, Section 978, as amended) is amended to read: | 0009| "59A-53-7. DISTRIBUTION OF FIRE PROTECTION FUND.-- | 0010| A. Annually on or before the last day of July, the | 0011| state treasurer shall distribute from the money in the fire | 0012| protection fund, to each incorporated municipality and to each | 0013| county fire district, the amount ~~[as]~~ the marshal or the | 0014| ~~[state fire board]~~ secretary of public safety, as the case | 0015| may be, ~~[shall have]~~ has certified to him. Payment shall | 0016| be made to the treasurer of any incorporated municipality and | 0017| to the county treasurer of the county in which any county fire | 0018| district is located for credit to the county fire district. | 0019| B. The state treasurer is authorized to redirect a | 0020| distribution to the New Mexico finance authority in the amount | 0021| ~~[as]~~ the marshal or the ~~[state fire board]~~ secretary, | 0022| as the case may be, ~~[shall have]~~ has certified to him | 0023| pursuant to an ordinance or a resolution passed by the | 0024| municipality or county and a written agreement of the | 0025| municipality or county in which any county fire district is | - 41 - 0001| located and the New Mexico finance authority." | 0002| Section 48. Section 62-3-3 NMSA 1978 (being Laws 1967, | 0003| Chapter 96, Section 3, as amended) is amended to read: | 0004| "62-3-3. DEFINITIONS ~~[WORDS AND PHRASES]~~.--Unless | 0005| otherwise specified, when used in the Public Utility Act: | 0006| A. "affiliated interest" means a person who | 0007| directly or indirectly, through one or more intermediaries, | 0008| controls or is controlled by or is under common control with a | 0009| public utility. Control includes instances where a person is | 0010| an officer, director, partner, trustee or person of similar | 0011| status or function or ~~[who]~~ owns directly or indirectly or | 0012| has a beneficial interest in ten percent or more of any class | 0013| of securities of a person; | 0014| B. "commission" means the ~~[New Mexico public~~ | 0015| ~~utility]~~ public regulation commission; | 0016| C. "~~[commissioners]~~ commissioner" means | 0017| ~~[any]~~ a member of the commission; | 0018| D. "municipality" means ~~[any]~~ a municipal | 0019| corporation organized under the laws of the state, and H-class | 0020| counties; | 0021| E. "person" means ~~[individuals, firms,~~ | 0022| ~~partnerships, companies]~~ an individual, firm, partnership, | 0023| company, rural electric ~~[cooperatives]~~ cooperative | 0024| organized under Laws 1937, Chapter 100 or the Rural Electric | 0025| Cooperative Act ~~[as amended, corporations and lessees,~~ | - 42 - 0001| ~~trustees or receivers]~~, corporation or lessee, trustee or | 0002| receiver appointed by any court. ~~[It shall]~~ "Person" | 0003| does not mean ~~[any]~~ a class A county as described ~~[by]~~ | 0004| in Section 4-36-10 NMSA 1978 or ~~[any]~~ a class B county | 0005| as described ~~[by]~~ in Section 4-36-8 NMSA 1978. ~~[It~~ | 0006| ~~shall]~~ "Person" does not mean ~~[any]~~ a municipality as | 0007| defined in this section unless the municipality has elected to | 0008| come within the terms of the Public Utility Act as provided in | 0009| Section 62-6-5 NMSA 1978. In the absence of ~~[such]~~ | 0010| voluntary election by ~~[any]~~ a municipality to come within | 0011| the provisions of the Public Utility Act, the municipality | 0012| shall be expressly excluded from the operation of that act and | 0013| from the operation of all ~~[of]~~ its provisions, and no such | 0014| municipality shall for any purpose be considered a public | 0015| utility; | 0016| F. "securities" means stock, stock certificates, | 0017| bonds, notes, debentures, mortgages or deeds of trust or other | 0018| evidences of indebtedness issued, executed or assumed by | 0019| ~~[any]~~ a utility; | 0020| G. "public utility" or "utility" means every | 0021| person not engaged solely in interstate business and, except | 0022| as stated in Sections 62-3-4 and 62-3-4.1 NMSA 1978, that | 0023| ~~[now does or hereafter]~~ may own, operate, lease or control: | 0024| (1) any plant, property or facility for the | 0025| generation, transmission or distribution, sale or furnishing | - 43 - 0001| to or for the public of electricity for light, heat or power | 0002| or other uses; | 0003| (2) any plant, property or facility for the | 0004| manufacture, storage, distribution, sale or furnishing to or | 0005| for the public of natural or manufactured gas or mixed or | 0006| liquefied petroleum gas for light, heat or power or ~~[for]~~ | 0007| other uses; but the term "public utility" or "utility" shall | 0008| not include any plant, property or facility used for or in | 0009| connection with the business of the manufacture, storage, | 0010| distribution, sale or furnishing of liquefied petroleum gas in | 0011| enclosed containers or tank truck for use by others than | 0012| consumers who receive their supply through any pipeline system | 0013| operating under municipal authority or franchise and | 0014| distributing to the public; | 0015| (3) any plant, property or facility for the | 0016| supplying, storage, distribution or furnishing to or for the | 0017| public of water for manufacturing, municipal, domestic or | 0018| other uses; provided, however, nothing contained in this | 0019| paragraph shall be construed to apply to irrigation systems, | 0020| the chief or principal business of which is to supply water | 0021| for the purpose of irrigation; | 0022| (4) any plant, property or facility for the | 0023| production, transmission, conveyance, delivery or furnishing | 0024| to or for the public of steam for heat or power or other uses; | 0025| or | - 44 - 0001| (5) any plant, property or facility for the | 0002| supplying and furnishing to or for the public of sanitary | 0003| sewers for transmission and disposal of sewage produced by | 0004| manufacturing, municipal, domestic or other uses; provided | 0005| that the terms "public utility" or "utility" as used in the | 0006| Public Utility Act do not include any utility owned or | 0007| operated by ~~[any]~~ a class A county as described in Section | 0008| 4-36-10 NMSA 1978 either directly or through a corporation | 0009| owned by or under contract with such a county; | 0010| H. "rate" means every rate, tariff, charge or | 0011| other compensation for utility service rendered or to be | 0012| rendered by ~~[any]~~ a utility and every rule, regulation, | 0013| practice, act, requirement or privilege in any way relating to | 0014| such rate, tariff, charge or other compensation and any | 0015| schedule or tariff or part of a schedule or tariff thereof; | 0016| I. "service" or "service regulation" means every | 0017| rule, regulation, practice, act or requirement ~~[in any way]~~ | 0018| relating to the service or facility of a utility; | 0019| J. "Class I transaction" means the sale, lease or | 0020| provision of real property, water rights or other goods or | 0021| services by an affiliated interest to ~~[any]~~ a public | 0022| utility with which it is affiliated or by a public utility to | 0023| its affiliated interest; | 0024| K. "Class II transaction" means: | 0025| (1) the formation after May 19, 1982 of a | - 45 - 0001| corporate subsidiary by a public utility or a public utility | 0002| holding company by a public utility or its affiliated | 0003| interest; | 0004| (2) the direct acquisition of the voting | 0005| securities or other direct ownership interests of a person by | 0006| a public utility if such acquisition would make the | 0007| utility the owner of ten percent or more of the voting | 0008| securities or other direct ownership interests of that person; | 0009| (3) the agreement by a public utility to | 0010| purchase securities or other ownership interest of a person | 0011| other than a nonprofit corporation, contribute additional | 0012| equity to, acquire additional equity interest in or pay or | 0013| guarantee any bonds, notes, debentures, deeds of trust or | 0014| other evidence of indebtedness of any such person; provided, | 0015| however, that a public utility may honor all agreements | 0016| entered into by such utility prior to May 19, 1982; or | 0017| (4) the divestiture by a public utility of | 0018| any affiliated interest that is a corporate subsidiary of the | 0019| public utility; | 0020| L. "corporate subsidiary" means any person ten | 0021| percent or more of whose voting securities or other ownership | 0022| interests are directly owned by a public utility; and | 0023| M. "public utility holding company" means an | 0024| affiliated interest that controls a public utility through the | 0025| direct or indirect ownership of voting securities of ~~[such]~~ | - 46 - 0001| that public utility." | 0002| Section 49. Section 62-3-4 NMSA 1978 (being Laws 1967, | 0003| Chapter 96, Section 4, as amended) is amended to read: | 0004| "62-3-4. LIMITATIONS AND EXCEPTIONS.-- | 0005| A. The term "public utility" or "utility", when | 0006| used in the Public Utility Act, ~~[as amended]~~ shall not | 0007| include: | 0008| ~~[A.]~~ (1) any person not otherwise a | 0009| public utility who furnishes the service or commodity only to | 0010| himself, his employees or tenants, when such service or | 0011| commodity is not resold to or used by others, or who engages | 0012| in the retail distribution of natural gas for vehicular fuel; | 0013| or | 0014| ~~[B.]~~ (2) a corporation engaged in the | 0015| business of operating a railroad and that does not primarily | 0016| engage in the business of selling the service or commodity but | 0017| that only incidentally to its railroad business or | 0018| occasionally furnishes the service or commodity to another | 0019| under a separate limited or revocable agreement or sells to a | 0020| utility or municipality for resale, or that sells the service | 0021| or commodity to another railroad, the state or federal | 0022| government or a governmental agency, or that sells or gives | 0023| for a consideration under revocable agreements or permits | 0024| quantities of water out of any surplus of water supply | 0025| acquired and held by it primarily for railroad purposes; and | - 47 - 0001| such railroad corporation shall not be subject to any of the | 0002| provisions of the Public Utility Act. | 0003| B. The business of any public utility other than | 0004| of the character defined in Subsection G of Section 62-3-3 | 0005| NMSA 1978 is not subject to provisions of the Public Utility | 0006| Act ~~[as amended. Nothing contained in that act shall be~~ | 0007| ~~construed as giving to the commission any powers or~~ | 0008| ~~jurisdiction over public utilities covered by Section 7 of~~ | 0009| ~~Article 11 of the constitution of New Mexico]~~." | 0010| Section 50. Section 62-4-1 NMSA 1978 (being Laws 1977, | 0011| Chapter 191, Section 1, as amended) is amended to read: | 0012| "62-4-1. JOINT HEARINGS AND ORDERS.--The ~~[public~~ | 0013| ~~utility]~~ commission, in the discharge of its duties under the | 0014| Public Utility Act, ~~[is authorized to]~~ may make joint | 0015| investigations, hold joint hearings within or without the | 0016| state and issue joint or concurrent orders in conjunction or | 0017| concurrence with any official or agency of any state, ~~[or~~ | 0018| ~~of]~~ the United States ~~[whether]~~ or any New Mexico Indian | 0019| nation, tribe or pueblo. In the holding of such | 0020| investigations or hearings or in the making of such order, the | 0021| commission may function under agreements or compacts between | 0022| states to regulate interstate commerce. The commission, in | 0023| the discharge of its duties under the Public Utility Act, ~~[is~~ | 0024| ~~further authorized to]~~ may also negotiate and enter into | 0025| agreements or compacts with agencies of other states, pursuant | - 48 - 0001| to any consent of congress, for cooperative efforts in | 0002| certificating the construction, operation and maintenance of | 0003| major utility facilities in accord with the purposes of the | 0004| Public Utility Act and for the enforcement of the respective | 0005| state laws regarding same." | 0006| Section 51. Section 62-8-7 NMSA 1978 (being Laws 1991, | 0007| Chapter 251, Section 1) is amended to read: | 0008| "62-8-7. CHANGE IN RATES.-- | 0009| A. At any hearing ~~[as provided in this section]~~ | 0010| involving an increase in rates or charges sought by a public | 0011| utility, the burden of proof to show that the increased rate | 0012| or charge is just and reasonable shall be upon the utility. | 0013| B. Unless the commission otherwise orders, no | 0014| public utility shall make any change in any rate ~~[which]~~ | 0015| that has been duly established except after thirty days' | 0016| notice to the commission, which notice shall plainly state the | 0017| changes proposed to be made in the rates then in force and the | 0018| time when the changed rates will go into effect and other | 0019| information as the commission by rule requires. The utility | 0020| shall also give notice of the proposed changes to other | 0021| interested persons as the commission may direct. All proposed | 0022| changes shall be shown by filing new schedules that shall be | 0023| kept open to public inspection. The commission for good cause | 0024| shown may allow changes in rates without requiring the thirty | 0025| days' notice, under conditions that it may prescribe. | - 49 - 0001| C. Whenever there is filed with the commission by | 0002| any public utility ~~[any schedule]~~ a complete application as | 0003| prescribed by commission rule proposing new rates, the | 0004| commission may, upon complaint or upon its own initiative, | 0005| except as otherwise provided by law, upon reasonable notice, | 0006| enter upon a hearing concerning the reasonableness of the | 0007| proposed rates. ~~[Pending a hearing decision]~~ If the | 0008| commission determines a hearing is necessary, it shall | 0009| suspend the operation of the proposed rates before they become | 0010| effective but not for a longer initial period than nine months | 0011| beyond the time when the rates would otherwise go into effect, | 0012| unless the commission finds that a longer time will be | 0013| required, in which case the commission may extend the period | 0014| for an additional three months ~~[provided and notwithstanding~~ | 0015| ~~any such order of suspension, the public utility may put the~~ | 0016| ~~suspended rates into effect at the expiration of the initial~~ | 0017| ~~suspension period by filing with the commission its~~ | 0018| ~~undertaking, secured by its bond, to refund to entitled~~ | 0019| ~~persons the amount, if any, finally determined to be~~ | 0020| ~~excessive. The bond, in terms, amount and sureties, shall be~~ | 0021| ~~subject to the commission's approval. There may be~~ | 0022| ~~substituted for the bond other arrangements satisfactory to~~ | 0023| ~~the commission for the protection of the parties interested;~~ | 0024| ~~provided, further, that in any case involving a proposed~~ | 0025| ~~change in rates, the commission may permit the utility to make~~ | - 50 - 0001| ~~effective without suspension any portion of the change which~~ | 0002| ~~the commission may determine to be proper under the~~ | 0003| ~~circumstances. If the public utility fails to make refund~~ | 0004| ~~within thirty days after the final determination or within an~~ | 0005| ~~additional period of time as may be allowed by the commission~~ | 0006| ~~for good cause shown, any person entitled to the refund may~~ | 0007| ~~sue therefor in any court of this state of competent~~ | 0008| ~~jurisdiction and be entitled to recover, in addition to the~~ | 0009| ~~amount of the refund due, all court costs, but no suit may be~~ | 0010| ~~maintained for that purpose unless instituted within one year~~ | 0011| ~~after the final determination. Any number of persons entitled~~ | 0012| ~~to the refund may join as plaintiffs and recover their several~~ | 0013| ~~claims in a single action, in which action the court shall~~ | 0014| ~~render a judgment severally for each plaintiff as his interest~~ | 0015| ~~may appear. During a period of suspension, the commission~~ | 0016| ~~may, in its discretion, require that the public utility~~ | 0017| ~~involved furnish to its patrons a certificate or other~~ | 0018| ~~evidence of payments made by them under the rates that the~~ | 0019| ~~public utility has put into operation in excess of the rates~~ | 0020| ~~in effect immediately prior thereto]~~. The commission shall | 0021| hear and decide cases with reasonable promptness. The | 0022| commission shall adopt rules identifying criteria for various | 0023| rate and tariff filings to be eligible for suspension periods | 0024| shorter than what is allowed by this subsection and to be | 0025| eligible for summary approval without hearing. | - 51 - 0001| D. If after a hearing the commission finds the | 0002| proposed rates to be unjust, unreasonable or in any way in | 0003| violation of law, the commission shall determine the just and | 0004| reasonable rates to be charged or applied by the utility for | 0005| the service in question and shall fix the rates by order to be | 0006| served upon the utility; or the commission by its order shall | 0007| direct the utility to file new rates respecting such service | 0008| that are designed to produce annual revenues no greater than | 0009| those determined by the commission in its order to be just and | 0010| reasonable. Those rates shall thereafter be observed until | 0011| changed, as provided by the Public Utility Act. | 0012| E. Except as otherwise provided by law, any | 0013| increase in rates or charges for the utility commodity based | 0014| upon cost factors other than taxes or cost of fuel, gas or | 0015| purchased power, filed for after ~~[the effective date of this~~ | 0016| ~~section]~~ April 4, 1991 shall be permitted only after notice | 0017| and hearing as provided by this section. The commission shall | 0018| enact rules ~~[and regulations]~~ governing the use of tax, | 0019| fuel, gas or purchased power adjustment clauses by utilities | 0020| that enable the commission to consider periodically at least | 0021| the following: | 0022| (1) whether the existence of a particular | 0023| adjustment clause is consistent with the purposes of the | 0024| Public Utility Act, including serving the goal of providing | 0025| reasonable and proper service at fair, just and reasonable | - 52 - 0001| rates to all customer classes; | 0002| (2) the specific adjustment mechanism to | 0003| recover tax, gas, fuel or purchased power costs; | 0004| (3) which costs should be included in an | 0005| adjustment clause, procedures to avoid the inclusion of costs | 0006| in an adjustment clause that should not be included and | 0007| methods by which the propriety of costs that are included may | 0008| be determined by the commission in a timely manner, including | 0009| what informational filings are required to enable the | 0010| commission to make such a determination; and | 0011| (4) the proper adjustment period to be | 0012| employed. | 0013| F. The commission may eliminate or condition a | 0014| particular adjustment clause if it finds such elimination or | 0015| condition is consistent with the purposes of the Public | 0016| Utility Act, including serving the goal of providing | 0017| reasonable and proper service at fair, just and reasonable | 0018| rates to all customer classes; provided, however, that no such | 0019| elimination or condition shall be ordered unless such | 0020| elimination or condition will not place the affected utility | 0021| at a competitive disadvantage. The commission rules ~~[and~~ | 0022| ~~regulations]~~ shall also provide for variances and may provide | 0023| for separate examination of a utility's adjustment clause | 0024| based upon that utility's particular operating | 0025| characteristics. | - 53 - 0001| ~~[F.]~~ G. Whenever there is filed with the | 0002| commission ~~[any]~~ a schedule proposing ~~[any]~~ new rates by | 0003| ~~[any]~~ a rural electric cooperative organized under the | 0004| Rural Electric Cooperative Act ~~[as amended]~~, the rates shall | 0005| become effective as proposed by the rural electric cooperative | 0006| without a hearing. However, the cooperative shall give | 0007| written notice of the proposed rates to its affected patrons | 0008| at least thirty days prior to the filing with the commission, | 0009| and the commission shall suspend the rates and conduct a | 0010| hearing concerning the reasonableness of any proposed rates | 0011| filed by a rural electric cooperative pursuant to Subsections | 0012| C and D of this section upon the filing with the commission of | 0013| a protest setting forth grounds for review of the proposed | 0014| rates signed by one or more members of the rural electric | 0015| cooperative and if the commission determines there is just | 0016| cause for reviewing the proposed rates on one or more of the | 0017| grounds of the protest. The protest ~~[must]~~ shall be filed | 0018| no later than twenty days after the filing with the commission | 0019| of the schedule proposing the new rates. The hearing and | 0020| review shall be limited to the issues set forth in the protest | 0021| and for which the commission may find just cause for the | 0022| review, which issues shall be contained in the notice of | 0023| hearing. The provisions of this subsection shall not be | 0024| construed to affect commission authority or procedure to | 0025| regulate the sale, furnishing or delivery by wholesale | - 54 - 0001| suppliers of electricity to rural electric cooperatives | 0002| ~~[under]~~ pursuant to Section 62-6-4 NMSA 1978. In addition | 0003| to the adjustments permitted by ~~[Subsection]~~ Subsections E | 0004| and F of this section, the commission may authorize rate | 0005| schedules of rural electric cooperatives to recover, without | 0006| notice and hearing, changes in the cost of debt capital | 0007| incurred pursuant to securities the issuance of which are | 0008| approved by the commission. For the purposes of this | 0009| subsection, a member of a rural electric cooperative is a | 0010| member as defined by the Rural Electric Cooperative Act ~~[as~~ | 0011| ~~amended]~~." | 0012| Section 52. Section 62-15-1 NMSA 1978 (being Laws 1939, | 0013| Chapter 47, Section 1) is amended to read: | 0014| "62-15-1. SHORT TITLE.--~~[This Act]~~ Chapter 62, | 0015| Article 15 NMSA 1978 may be cited as the "Rural Electric | 0016| Cooperative Act"." | 0017| Section 53. Section 63-7-1 NMSA 1978 (being Laws 1912, | 0018| Chapter 78, Section 1, as amended) is amended to read: | 0019| "63-7-1. PUBLIC REGULATION COMMISSION--TERMS DEFINED-- | 0020| OFFICE--ORGANIZATION.--~~[SEC. 59.]~~ The terms "commission" | 0021| and "clerk" or "chief clerk" where used in this article | 0022| shall mean, respectively, the ~~[state corporation]~~ public | 0023| regulation commission and the chief clerk ~~[thereof]~~ of | 0024| the commission. The office of the commission shall be | 0025| located in the city of Santa Fe, New Mexico. ~~[The commission~~ | - 55 - 0001| ~~shall annually elect one of its members chairman, who shall~~ | 0002| ~~preside at hearings. In the absence of the chairman, it may~~ | 0003| ~~appoint any other member to preside.]~~" | 0004| Section 54. Section 63-7-23 NMSA 1978 (being Laws 1995, | 0005| Chapter 175, Section 1) is amended to read: | 0006| "63-7-23. TELECOMMUNICATIONS--ADMINISTRATIVE FINES.-- | 0007| A. For purposes of this section: | 0008| (1) "commission" means the ~~[state~~ | 0009| ~~corporation]~~ public regulation commission; and | 0010| (2) "telecommunications provider" means any | 0011| telegraph company, telephone company, transmission company, | 0012| telecommunications common carrier, telecommunications company, | 0013| cellular service company or pay telephone provider regulated | 0014| in whole or in part by the commission under law, including | 0015| ~~[but not limited to Article 11 of the constitution of New~~ | 0016| ~~Mexico]~~ the Telephone and Telegraph Company Certification | 0017| Act, the New Mexico Telecommunications Act, the Cellular | 0018| Telephone Services Act and Sections 63-9E-1 and 63-9E-3 NMSA | 0019| 1978. | 0020| B. The commission may impose an administrative | 0021| fine on a telecommunications provider for any act or omission | 0022| that the provider knew or should have known was a violation | 0023| of any applicable law or rule or order of the commission. | 0024| C. An administrative fine of not more than one | 0025| thousand dollars ($1,000) may be imposed for each violation or | - 56 - 0001| each of multiple violations arising out of the same facts, up | 0002| to a maximum of twenty-five thousand dollars ($25,000) or an | 0003| administrative fine of not more than one thousand dollars | 0004| ($1,000) may be imposed for each day of a continuing violation | 0005| ~~[or violations]~~ arising out of the same facts, up to a | 0006| maximum of twenty-five thousand dollars ($25,000). | 0007| Notwithstanding any other provision of this subsection, the | 0008| commission may impose an administrative fine not to exceed | 0009| twenty-five thousand dollars ($25,000) for a single violation: | 0010| (1) that results in substantial harm to the | 0011| customers of the telecommunications provider or substantial | 0012| harm to the public interest; or | 0013| (2) for failure to obtain a certificate of | 0014| public convenience and necessity required by law or for | 0015| operation outside the scope of ~~[any such]~~ that | 0016| certificate. | 0017| D. The commission shall initiate a proceeding to | 0018| impose an administrative fine by giving written notice to the | 0019| provider that the commission has facts as set forth in the | 0020| notice that, if not rebutted, may lead to the imposition of an | 0021| administrative fine under this section and that the | 0022| telecommunications provider has an opportunity for a hearing. | 0023| The commission may only impose an administrative fine by | 0024| written order that, in the case of contested proceedings, | 0025| shall be supported by a preponderance of the evidence. | - 57 - 0001| E. The commission may initiate a proceeding to | 0002| impose an administrative fine within two years from the date | 0003| of the commission's discovery of the violation, but in no | 0004| event shall a proceeding be initiated more than five years | 0005| after the date of the violation. This limitation shall not | 0006| run against any act or omission constituting a violation under | 0007| this section for any period during which the telecommunications | 0008| provider has fraudulently concealed the violation. | 0009| F. The commission shall consider mitigating and | 0010| aggravating circumstances in determining the amount of | 0011| administrative fine imposed. | 0012| G. For purposes of establishing a violation, the | 0013| act or omission of any officer, agent or employee of a | 0014| telecommunications provider, within the scope of such person's | 0015| authority, duties or employment, shall be deemed the act or | 0016| omission of the telecommunications provider. | 0017| H. Any telecommunications provider or other person | 0018| aggrieved by an order assessing an administrative fine may | 0019| ~~[remove]~~ appeal the order to the supreme court of New | 0020| Mexico ~~[as authorized by the provisions of Article 11,~~ | 0021| ~~Section 7 of the constitution of New Mexico. Any~~ | 0022| ~~telecommunications provider or other person aggrieved by an~~ | 0023| ~~order assessing an administrative fine that is not removable~~ | 0024| ~~to the supreme court of New Mexico under the provisions of~~ | 0025| ~~Article 11, Section 7 of the constitution of New Mexico may~~ | - 58 - 0001| ~~file a notice of appeal in the supreme court of New Mexico~~ | 0002| ~~asking for a review of the commission's order therein]~~. A | 0003| notice of appeal shall be filed within thirty days after the | 0004| entry of the commission's order. Notice of appeal shall name | 0005| the commission as appellee and shall identify the order from | 0006| which the appeal is taken. | 0007| I. The commission shall promulgate procedural | 0008| rules ~~[and regulations]~~ for the implementation of this | 0009| section." | 0010| Section 55. A new section of Chapter 63, Article 7 NMSA | 0011| 1978 is enacted to read: | 0012| "[NEW MATERIAL] COMMISSION POWERS AND DUTIES-- | 0013| TRANSPORTATION AND TRANSMISSION COMPANIES AND COMMON | 0014| CARRIERS--TELEPHONE AND TELEGRAPH COMPANIES.-- | 0015| A. With respect to transportation and transmission | 0016| companies and common carriers, the commission shall: | 0017| (1) fix, determine, supervise, regulate and | 0018| control all charges and rates of railway, express, telegraph, | 0019| telephone, sleeping car and other transportation and | 0020| transmission companies and common carriers within the state; | 0021| (2) determine any matters of public | 0022| convenience and necessity with respect to matters subject to | 0023| its regulatory authority as provided by law; | 0024| (3) require railway companies and other | 0025| common carriers to provide and maintain adequate equipment, | - 59 - 0001| depots, stockpens, station buildings, agents and facilities | 0002| for the accommodation of shippers and passengers and for | 0003| receiving and delivering freight and express and to provide | 0004| and maintain necessary crossings, culverts, sidings and other | 0005| facilities for convenience and safety whenever in the | 0006| commission's judgment the public interest demands; | 0007| (4) require railway companies, transportation | 0008| companies and common carriers to provide such reasonable | 0009| safety appliances and use such reasonable safety practices as | 0010| may be necessary and proper for the safety of employees and | 0011| the public as required by federal or state laws and rules; | 0012| (5) change, amend and rescind rates; | 0013| (6) enforce its rules through administrative | 0014| sanctions and in the courts; and | 0015| (7) carry out all other duties and have all | 0016| other powers provided by law. | 0017| B. In fixing rates of telephone and telegraph | 0018| companies, due consideration shall be given to the earnings, | 0019| investments and expenditures as a whole within the state. The | 0020| commission shall include in that consideration the earnings, | 0021| investments and expenditures derived from or related to the | 0022| sale of directory advertising and other directory listing | 0023| services. | 0024| C. The commission may subpoena witnesses and | 0025| documents, enforce its subpoenas through any court and, | - 60 - 0001| through the court, punish for contempt. | 0002| D. The commission has the power, after notice and | 0003| hearing of record, to determine and decide any question and to | 0004| issue orders relating to its powers and duties. | 0005| E. An interested party may appeal from a final | 0006| order of the commission by filing a notice of appeal with the | 0007| supreme court asking for review of the order within thirty | 0008| days of the final order. The appellant shall pay to the | 0009| commission any costs of preparing and transmitting the record | 0010| to the court. | 0011| F. The pendency of an appeal shall not | 0012| automatically stay the order appealed from. The appellant may | 0013| seek to obtain a stay from the commission or the supreme | 0014| court. | 0015| G. The appeal shall be on the record of the | 0016| hearing before the commission and shall be governed by the | 0017| appellate rules applicable to administrative appeals. The | 0018| supreme court shall affirm the commission's order unless it | 0019| is: | 0020| (1) arbitrary, capricious or an abuse of | 0021| discretion; | 0022| (2) not supported by substantial evidence in | 0023| the record; or | 0024| (3) otherwise not in accordance with law. | 0025| H. In the case of a failure or refusal of any | - 61 - 0001| person to comply with an order of the commission within the | 0002| time prescribed in the order or within thirty days after the | 0003| order is entered, whichever is later, unless a stay has been | 0004| granted, the commission shall seek enforcement of the order in | 0005| the district court. The enforcement hearing shall be held on | 0006| an expedited basis. At the hearing, the sole question shall | 0007| be whether the person has failed to comply with or violated | 0008| the order." | 0009| Section 56. Section 63-9-1 NMSA 1978 (being Laws 1965, | 0010| Chapter 292, Section 1) is amended to read: | 0011| "63-9-1. SHORT TITLE.--~~[This act]~~ Chapter 63, Article | 0012| 9 NMSA 1978 may be cited as the "Telephone and Telegraph | 0013| Company Certification Act"." | 0014| Section 57. Section 63-9-2 NMSA 1978 (being Laws 1965, | 0015| Chapter 292, Section 2, as amended) is amended to read: | 0016| "63-9-2. DEFINITIONS.--As used in the Telephone and | 0017| Telegraph Company Certification Act: | 0018| A. "commission" means the ~~[state corporation]~~ | 0019| public regulation commission; | 0020| B. "telephone company" means a company, | 0021| corporation, partnership, individual or others, not engaged | 0022| solely in interstate business, furnishing mobile telephone | 0023| service or radio paging; | 0024| C. "public utility telephone service" means making | 0025| and offering mobile telephone or radio paging service to or | - 62 - 0001| for the public generally and being ready, willing and able to | 0002| furnish such service with adequate equipment; and | 0003| D. "certificated area" means the geographical area | 0004| ~~[which]~~ that a telephone company is authorized to serve by | 0005| a certificate of public convenience and necessity and | 0006| ~~[which]~~ that is defined on the map as part of the | 0007| certificate." | 0008| Section 58. Section 63-9-4 NMSA 1978 (being Laws 1965, | 0009| Chapter 292, Section 4) is amended to read: | 0010| "63-9-4. CERTIFICATE FOR ~~[PRIOR]~~ OPERATIONS.--~~[Within~~ | 0011| ~~six months after the effective date of this act any]~~ A | 0012| telephone company furnishing public telephone or telegraph | 0013| service ~~[contemplated by Article XI, Section 7 of the~~ | 0014| ~~constitution of the state of New Mexico]~~, including any | 0015| telephone cooperative operating in the state ~~[of New~~ | 0016| ~~Mexico]~~, shall file with the commission an application for a | 0017| certificate of public convenience and necessity. The | 0018| commission shall ~~[thereupon]~~ grant a certificate only to the | 0019| extent of territory served ~~[on the effective date of this~~ | 0020| ~~act]~~ and shall define such area on a map. ~~[Henceforth such~~ | 0021| ~~territory shall be deemed certificated area.]~~ Operations | 0022| ~~[after six months from the effective date of this act]~~ for | 0023| which no application has been made ~~[shall be]~~ are | 0024| unlawful." | 0025| Section 59. Section 63-9-9 NMSA 1978 (being Laws 1965, | - 63 - 0001| Chapter 292, Section 9) is amended to read: | 0002| "63-9-9. NONDUPLICATION IN CERTIFICATED AREAS.-- | 0003| A. It ~~[shall hereafter be]~~ is unlawful to | 0004| construct, own, operate, manage, lease or control any plant or | 0005| equipment for the furnishing of telephone or telegraph service | 0006| ~~[contemplated by Article XI, Section 7 of the constitution of~~ | 0007| ~~New Mexico and this act]~~ in any certificated area granted to | 0008| another telephone company unless public convenience and | 0009| necessity ~~[shall require such]~~ require the second plant or | 0010| equipment. | 0011| B. Any person, corporation, municipal corporation, | 0012| partnership or association proposing to construct or operate | 0013| ~~[such]~~ the second plant or equipment shall first file an | 0014| application with the commission, to which application the | 0015| authority proposing to authorize the construction of ~~[such]~~ | 0016| the second plant or equipment and the owner, manager or | 0017| operator of the plant or equipment then in operation shall be | 0018| made parties. The applications shall set up the reasons why | 0019| public convenience and necessity require ~~[such]~~ the second | 0020| plant or equipment. In determining whether the public | 0021| convenience and necessity require ~~[such]~~ the second plant | 0022| or equipment, the commission shall consider and determine upon | 0023| substantial evidence whether the following conditions existed | 0024| at the time of the filing of ~~[said]~~ the application: | 0025| (1) the existing telephone or telegraph | - 64 - 0001| service is inadequate to meet the reasonable needs and | 0002| convenience of the public; | 0003| (2) the proposed second plant or equipment | 0004| would eliminate such inadequacy; | 0005| (3) it is economically feasible to operate | 0006| the proposed second plant or equipment successfully and | 0007| continuously for the furnishing of telephone or telegraph | 0008| service; | 0009| (4) the applicant for ~~[said]~~ the second | 0010| plant or equipment has sufficient financial resources to | 0011| provide the proposed telephone or telegraph service properly | 0012| and continuously; | 0013| (5) the applicant for ~~[said]~~ the second | 0014| plant or equipment has competent and experienced management | 0015| and personnel to provide the proposed telephone or telegraph | 0016| service; | 0017| (6) the applicant for ~~[said]~~ the second | 0018| plant or equipment is willing and able to conform to the | 0019| constitution and law of ~~[the state of]~~ New Mexico and the | 0020| rules ~~[and regulations]~~ of the commission; and | 0021| (7) the applicant for ~~[said]~~ the second | 0022| plant or equipment is in every respect willing and able to | 0023| provide the proposed telephone or telegraph service properly. | 0024| C. If the commission ~~[shall find]~~ finds upon | 0025| substantial evidence that each of the ~~[foregoing]~~ conditions | - 65 - 0001| enumerated in Subsection B of this section existed at the | 0002| time of filing ~~[said]~~ the application and after | 0003| determining that the public convenience and necessity require | 0004| that an additional plant or equipment is necessary, the | 0005| commission shall issue an order in the alternative directing | 0006| the owner, manager or operator of the plant or equipment then | 0007| in operation to make such changes and additions in plant as | 0008| may be reasonably necessary to meet the public convenience and | 0009| necessity within not less than ninety days or such other | 0010| additional time as the commission finds from the testimony | 0011| would be reasonably required to expeditiously make the changes | 0012| and additions specified and required by the commission. | 0013| ~~[Such]~~ The order shall specifically direct what changes or | 0014| additions in plant shall be made or what services shall be | 0015| provided. If such changes or additions are not made within | 0016| the time ordered by the commission or such additional time as | 0017| may be ordered, then a certificate of public convenience and | 0018| necessity for ~~[such]~~ the second plant or equipment may | 0019| issue." | 0020| Section 60. Section 63-9-16 NMSA 1978 (being Laws 1965, | 0021| Chapter 292, Section 16) is repealed and a new Section 63-9-16 | 0022| NMSA 1978 is enacted to read: | 0023| "63-9-16. [NEW MATERIAL] APPEAL TO SUPREME COURT.-- | 0024| A. A telephone company or other party in interest | 0025| being aggrieved by a final order or determination of the | - 66 - 0001| commission pursuant to Sections 63-9-1 through 63-9-19 NMSA | 0002| 1978 may appeal to the supreme court within thirty days. | 0003| B. The appeal shall be on the record of the | 0004| hearing before the commission and shall be governed by the | 0005| appellate rules applicable to administrative appeals. The | 0006| supreme court shall affirm the commission's order unless it | 0007| is: | 0008| (1) arbitrary, capricious or an abuse of | 0009| discretion; | 0010| (2) not supported by substantial evidence in | 0011| the record; or | 0012| (3) otherwise not in accordance with law." | 0013| Section 61. Section 63-9-19 NMSA 1978 (being Laws 1965, | 0014| Chapter 292, Section 19) is amended to read: | 0015| "63-9-19. INJUNCTIONS--CONTEMPT.--~~[In any matter not~~ | 0016| ~~removable to the supreme court of New Mexico under the~~ | 0017| ~~provisions of Article XI, Section 7 of the constitution of New~~ | 0018| ~~Mexico]~~ The commission may apply to ~~[courts having~~ | 0019| ~~jurisdiction]~~ the district court for injunctions to prevent | 0020| violations of any provision of ~~[this]~~ the Telephone and | 0021| Telegraph Company Certification Act or of any rule or order | 0022| of the commission in connection with the issuance or | 0023| nonissuance of certificates of public ~~[necessity and]~~ | 0024| convenience and necessity pursuant to ~~[this]~~ that act, | 0025| and ~~[such courts shall have]~~ the court has the power to | - 67 - 0001| grant ~~[such]~~ injunctions and to enforce ~~[such]~~ injunctions | 0002| by contempt procedure." | 0003| Section 62. Section 63-9A-1 NMSA 1978 (being Laws 1985, | 0004| Chapter 242, Section 1) is amended to read: | 0005| "63-9A-1. SHORT TITLE.--~~[Sections 1 through 21 of this~~ | 0006| ~~act]~~ Chapter 63, Article 9A NMSA 1978 may be cited as the | 0007| "New Mexico Telecommunications Act"." | 0008| Section 63. Section 63-9A-3 NMSA 1978 (being Laws 1985, | 0009| Chapter 242, Section 3, as amended) is amended to read: | 0010| "63-9A-3. DEFINITIONS.--As used in the New Mexico | 0011| Telecommunications Act: | 0012| A. "affordable rates" means local exchange service | 0013| rates that promote universal service within a local exchange | 0014| service area, giving consideration to the economic conditions | 0015| and costs to provide service in such area; | 0016| B. "cable television service" means the one-way | 0017| transmission to subscribers of video programming or other | 0018| programming service and subscriber interaction, if any, | 0019| ~~[which]~~ that is required for the selection of such video | 0020| programming or other programming service; | 0021| C. "commission" means the ~~[state corporation]~~ | 0022| public regulation commission; | 0023| D. "competitive telecommunications service" means | 0024| a service ~~[which]~~ that has been determined to be subject | 0025| to effective competition pursuant to Section 63-9A-8 NMSA | - 68 - 0001| 1978; | 0002| E. "effective competition" means that the | 0003| customers of the service have reasonably available and | 0004| comparable alternatives to the service; | 0005| F. "fund" means the New Mexico universal service | 0006| fund; | 0007| G. "local exchange area" means a geographic area | 0008| encompassing one or more local communities, as described in | 0009| maps, tariffs or rate schedules filed with the commission, | 0010| where local exchange rates apply; | 0011| H. "local exchange service" means the transmission | 0012| of two-way interactive switched voice communications furnished | 0013| by a telecommunications company within a local exchange area; | 0014| I. "message telecommunications service" means | 0015| telecommunications service between local exchange areas within | 0016| the state for which charges are made on a per-unit basis, not | 0017| including wide-area telecommunications service, or its | 0018| equivalent, or individually negotiated contracts for | 0019| telecommunications services; | 0020| J. "noncompetitive telecommunications service" | 0021| means a service ~~[which]~~ that has not been determined to be | 0022| subject to effective competition pursuant to Section 63-9A-8 | 0023| NMSA 1978; | 0024| K. "private telecommunications service" means a | 0025| system, including the construction, maintenance or operation | - 69 - 0001| thereof, for the provision of telecommunications service, or | 0002| any portion of ~~[such]~~ that service, by a person ~~[or~~ | 0003| ~~entity]~~ for the sole and exclusive use of that person ~~[or~~ | 0004| ~~entity]~~ and not for resale, directly or indirectly. For | 0005| purposes of this definition, the person ~~[or entity which]~~ | 0006| that may use such service includes any affiliates of the | 0007| person ~~[or entity, provided that]~~ if at least eighty | 0008| percent of the assets or voting stock of the affiliates is | 0009| owned by the person ~~[or entity]~~. If any other person ~~[or~~ | 0010| ~~entity]~~ uses the telecommunications service, whether for hire | 0011| or not, the private telecommunications service is a public | 0012| telecommunications service; | 0013| L. "public telecommunications service" means the | 0014| transmission of signs, signals, writings, images, sounds, | 0015| messages, data or other information of any nature by wire, | 0016| radio, lightwaves or other electromagnetic means originating | 0017| and terminating in this state regardless of actual call | 0018| routing. "Public telecommunications service" does not include | 0019| the provision of terminal equipment used to originate or | 0020| terminate such service; private telecommunications service; | 0021| broadcast transmissions by radio, television and satellite | 0022| broadcast stations regulated by the federal communications | 0023| commission; radio common carrier services, including ~~[but not~~ | 0024| ~~limited to]~~ mobile telephone service and radio paging; or | 0025| one-way cable television service; and | - 70 - 0001| M. "telecommunications company" means ~~[an~~ | 0002| ~~individual, corporation, partnership, joint venture, company,~~ | 0003| ~~firm, association, proprietorship or other entity which]~~ a | 0004| person that provides public telecommunications service." | 0005| Section 64. A new section of the New Mexico | 0006| Telecommunications Act is enacted to read: | 0007| "[NEW MATERIAL] CHANGE IN RATES.-- | 0008| A. At a hearing involving an increase in rates or | 0009| charges sought by a telecommunications company, the burden of | 0010| proof to show that the increased rate or charge is just and | 0011| reasonable shall be upon the company. | 0012| B. Unless the commission otherwise orders, no | 0013| telecommunications company shall make a change in an | 0014| established rate except after thirty days' notice to the | 0015| commission, which notice shall plainly state the changes | 0016| proposed to be made in the rates then in force, the time when | 0017| the changed rates will go into effect and other information as | 0018| the commission by rule requires. The telecommunications | 0019| company shall also give notice of the proposed changes to | 0020| other interested persons as the commission may direct. All | 0021| proposed changes shall be shown by filing new schedules that | 0022| shall be kept open to public inspection. The commission for | 0023| good cause shown may allow changes in rates without requiring | 0024| the thirty days' notice, under conditions that it may | 0025| prescribe. | - 71 - 0001| C. Whenever a telecommunications company files a | 0002| complete application proposing new rates, the commission may, | 0003| upon complaint or upon its own initiative, except as otherwise | 0004| provided by law, upon reasonable notice, enter upon a hearing | 0005| concerning the reasonableness of the proposed rates. If the | 0006| commission determines a hearing is necessary, it shall suspend | 0007| the operation of the proposed rates before they become | 0008| effective but not for a longer initial period than nine months | 0009| beyond the time when the rates would otherwise go into effect, | 0010| unless the commission finds that a longer time will be | 0011| required, in which case the commission may extend the period | 0012| for an additional three months. The commission shall hear and | 0013| decide cases with reasonable promptness. The commission shall | 0014| adopt rules identifying criteria for various rate and tariff | 0015| filings to be eligible for suspension periods shorter than | 0016| what is allowed by this subsection and to be eligible for | 0017| summary approval without hearing. | 0018| D. If after a hearing the commission finds the | 0019| proposed rates to be unjust, unreasonable or in any way in | 0020| violation of law, the commission shall determine the just and | 0021| reasonable rates to be charged or applied by the | 0022| telecommunications company for the service in question and | 0023| shall fix the rates by order to be served upon the | 0024| telecommunications company; or the commission by its order | 0025| shall direct the telecommunications company to file new rates | - 72 - 0001| respecting such service that are just and reasonable. Those | 0002| rates shall thereafter be observed until changed as provided | 0003| by the New Mexico Telecommunications Act." | 0004| Section 65. Section 63-9A-14 NMSA 1978 (being Laws 1985, | 0005| Chapter 242, Section 14) is amended to read: | 0006| "63-9A-14. ~~[ACTION TO SET ASIDE NONREMOVABLE]~~ APPEAL | 0007| OF ORDERS OF THE COMMISSION.--Any provider of | 0008| telecommunications services and any other person in interest | 0009| being aggrieved by ~~[an]~~ a final order or determination of | 0010| the commission under the New Mexico Telecommunications Act | 0011| ~~[not removable to the supreme court of New Mexico under the~~ | 0012| ~~provisions of Article 11, Section 7 of the constitution of New~~ | 0013| ~~Mexico]~~ may file a notice of appeal in the supreme court | 0014| asking for a review of the commission's final orders | 0015| ~~[therein]~~. A notice of appeal ~~[must]~~ shall be filed | 0016| within thirty days after the entry of the commission's final | 0017| order. Every notice of appeal shall name the ~~[state~~ | 0018| ~~corporation]~~ commission as appellee and shall identify the | 0019| order from which the appeal is taken. Any person whose rights | 0020| may be directly affected by the appeal may appear and become a | 0021| party, or the supreme court may upon proper notice order any | 0022| person to be joined as a party." | 0023| Section 66. Section 63-9A-16 NMSA 1978 (being Laws 1985, | 0024| Chapter 242, Section 16) is amended to read: | 0025| "63-9A-16. APPEAL ON THE RECORD.-- | - 73 - 0001| A. The appeal shall be ~~[heard]~~ on the record | 0002| made before the commission ~~[and the supreme court shall not~~ | 0003| ~~permit the introduction of new evidence addressed to any of~~ | 0004| ~~the issues presented at the hearing before the commission]~~ | 0005| and shall be governed by the appellate rules applicable to | 0006| administrative appeals. | 0007| B. The supreme court shall affirm the commission's | 0008| order unless it is: | 0009| (1) arbitrary, capricious or an abuse of | 0010| discretion; | 0011| (2) not supported by substantial evidence in | 0012| the record; or | 0013| (3) otherwise not in accordance with law." | 0014| Section 67. Section 63-9A-20 NMSA 1978 (being Laws 1985, | 0015| Chapter 242, Section 20) is amended to read: | 0016| "63-9A-20. INJUNCTIONS--CONTEMPT.--~~[In any matter not~~ | 0017| ~~removable to the supreme court of New Mexico under the~~ | 0018| ~~provisions of Article 11, Section 7 of the constitution of New~~ | 0019| ~~Mexico]~~ The commission may apply to ~~[courts having~~ | 0020| ~~jurisdiction]~~ the district court for injunctions to prevent | 0021| violations of any provision of the New Mexico | 0022| Telecommunications Act or of any rule or order of the | 0023| commission issued pursuant to that act, and ~~[such courts~~ | 0024| ~~shall have]~~ the court has the power to grant such | 0025| injunctions and to enforce such injunctions by contempt | - 74 - 0001| procedure." | 0002| Section 68. Section 63-9B-1 NMSA 1978 (being Laws 1987, | 0003| Chapter 296, Section 1) is amended to read: | 0004| "63-9B-1. SHORT TITLE.--~~[This act]~~ Chapter 63, | 0005| Article 9B NMSA 1978 may be cited as the "Cellular Telephone | 0006| Services Act"." | 0007| Section 69. Section 63-9B-3 NMSA 1978 (being Laws 1987, | 0008| Chapter 296, Section 3) is amended to read: | 0009| "63-9B-3. DEFINITIONS.--As used in the Cellular | 0010| Telephone Services Act: | 0011| A. "commission" means the ~~[state corporation]~~ | 0012| public regulation commission; | 0013| B. "cellular service company" means a cellular | 0014| telephone company that uses cellular telephone equipment and | 0015| is a radio common carrier or telephone or telecommunications | 0016| company licensed by the federal communications commission | 0017| ~~[and operates within the 800 megahertz band of frequency]~~. | 0018| A cellular service company operates a cellular system | 0019| ~~[which]~~ that is a high capacity land mobile system in | 0020| which assigned spectrum is divided into discrete channels | 0021| ~~[which]~~ that are assigned in groups to geographic cells | 0022| covering a cellular geographic area, as defined by the federal | 0023| communications commission. "Cellular service company" does | 0024| not include noncellular radio common carrier service, | 0025| including ~~[but not limited to]~~ noncellular mobile telephone | - 75 - 0001| service, radio-paging service or one-way cable television | 0002| service; and | 0003| C. "certificated area" means the geographical area | 0004| ~~[which]~~ that a cellular service company is authorized to | 0005| serve by a certificate of public convenience and necessity and | 0006| ~~[which]~~ that is defined on the map as part of the | 0007| certificate issued under such law authorizing the issuance of | 0008| a certificate of public convenience and necessity for such | 0009| purpose." | 0010| Section 70. Section 63-9B-8 NMSA 1978 (being Laws 1987, | 0011| Chapter 296, Section 8) is amended to read: | 0012| "63-9B-8. ~~[ACTION TO SET ASIDE NONREMOVABLE]~~ APPEAL | 0013| OF ORDERS OF THE COMMISSION.--~~[Any]~~ A cellular service | 0014| company ~~[and any]~~ or other person in interest being | 0015| aggrieved by an order or determination of the commission under | 0016| the Cellular Telephone Services Act ~~[not removable to the~~ | 0017| ~~supreme court of New Mexico under the provisions of Article~~ | 0018| ~~11, Section 7 of the constitution of New Mexico]~~ may file a | 0019| notice of appeal in the supreme court asking for a review of | 0020| the commission's final orders. A notice of appeal shall be | 0021| filed within thirty days after the entry of the commission's | 0022| final order. Every notice of appeal shall name the commission | 0023| as appellee and shall identify the order from which the appeal | 0024| is taken. Any person whose rights may be directly affected by | 0025| the appeal may appear and become a party, or the supreme court | - 76 - 0001| may upon proper notice order any person to be joined as a | 0002| party." | 0003| Section 71. Section 63-9B-10 NMSA 1978 (being Laws 1987, | 0004| Chapter 296, Section 10) is amended to read: | 0005| "63-9B-10. APPEAL ON THE RECORD.-- | 0006| A. The appeal shall be ~~[heard]~~ on the record made | 0007| before the commission ~~[and the supreme court shall not permit~~ | 0008| ~~the introduction of new evidence addressed to any of the~~ | 0009| ~~issues presented at the hearing before the commission]~~ and | 0010| shall be governed by the appellate rules applicable to | 0011| administrative appeals. | 0012| B. The supreme court shall affirm the commission's | 0013| order unless it is: | 0014| (1) arbitrary, capricious or an abuse of | 0015| discretion; | 0016| (2) not supported by substantial evidence in | 0017| the record; or | 0018| (3) otherwise not in accordance with law." | 0019| Section 72. Section 63-9B-14 NMSA 1978 (being Laws 1987, | 0020| Chapter 296, Section 14) is amended to read: | 0021| "63-9B-14. INJUNCTIONS--CONTEMPT.--~~[In any matter~~ | 0022| ~~not removable to the supreme court of New Mexico under the~~ | 0023| ~~provisions of Article 11, Section 7 of the constitution of New~~ | 0024| ~~Mexico]~~ The commission may apply to ~~[courts having~~ | 0025| ~~jurisdiction]~~ the district court for injunctions to prevent | - 77 - 0001| violations of any provision of the Cellular Telephone Services | 0002| Act or of any rule or order of the commission issued pursuant | 0003| to that act, and ~~[the courts shall have]~~ the court has the | 0004| power to grant injunctions and to enforce injunctions by | 0005| contempt procedure." | 0006| Section 73. Section 63-9C-1 NMSA 1978 (being Laws 1987, | 0007| Chapter 197, Section 1) is amended to read: | 0008| "63-9C-1. SHORT TITLE.--~~[This act]~~ Chapter 63, | 0009| Article 9C NMSA 1978 may be cited as the "Low Income | 0010| Telephone Service Assistance Act"." | 0011| Section 74. Section 63-9C-3 NMSA 1978 (being Laws 1987, | 0012| Chapter 197, Section 3) is amended to read: | 0013| "63-9C-3. DEFINITIONS.--As used in the Low Income | 0014| Telephone Service Assistance Act: | 0015| A. "commission" means the ~~[state corporation]~~ | 0016| public regulation commission; | 0017| B. "department" means the human services department; | 0018| and | 0019| C. "local exchange company" means a person | 0020| ~~[company, corporation, partnership, cooperative, joint~~ | 0021| ~~venture or other business organization or association]~~ not | 0022| engaged solely in interstate business ~~[which]~~ that | 0023| provides services or facilities for the transmission of two- | 0024| way interactive switched voice communications over a telephone | 0025| line within a local exchange area for single-line customers." | - 78 - 0001| Section 75. Section 63-9D-1 NMSA 1978 (being Laws 1989, | 0002| Chapter 25, Section 1, as amended) is amended to read: | 0003| "63-9D-1. SHORT TITLE.--~~[Chapter 63, Article 9D]~~ | 0004| Sections 63-9D-1 through 63-9D-11.1 NMSA 1978 may be cited | 0005| as the "Enhanced 911 Act"." | 0006| Section 76. Section 63-9D-3 NMSA 1978 (being Laws 1989, | 0007| Chapter 25, Section 3, as amended) is amended to read: | 0008| "63-9D-3. DEFINITIONS.--As used in the Enhanced 911 Act: | 0009| A. "911 emergency surcharge" means the monthly | 0010| uniform charge assessed on each local exchange service | 0011| customer in the state for each local exchange access line to | 0012| pay for the purchase, lease, installation and maintenance of | 0013| equipment necessary for the establishment of a 911 system, | 0014| including the repayment of bonds issued pursuant to the | 0015| Enhanced 911 Bond Act; | 0016| B. "911 service area" means the area within a local | 0017| governing body's jurisdiction that has been designated by the | 0018| local governing body or the division to receive enhanced 911 | 0019| service; | 0020| C. "911 system" means the basic 911 system or the | 0021| enhanced 911 system; | 0022| D. "basic 911 system" means a telephone service that | 0023| automatically connects a person dialing the single three-digit | 0024| number 911 to an established public safety answering point | 0025| through normal telephone service facilities; | - 79 - 0001| E. "commission" means the ~~[state corporation]~~ | 0002| public regulation commission; | 0003| F. "department" means the taxation and revenue | 0004| department; | 0005| G. "division" means the local government division of | 0006| the department of finance and administration; | 0007| H. "enhanced 911 system" means a telephone system | 0008| consisting of network, database and on-premises equipment that | 0009| ~~[utilizes]~~ uses the single three-digit number 911 for | 0010| reporting police, fire, medical or other emergency situations, | 0011| thereby enabling the users of a public telephone system to | 0012| reach a public safety answering point to report emergencies by | 0013| dialing 911, and includes the capability to: | 0014| (1) selectively route incoming 911 calls to the | 0015| appropriate public safety answering point operating in a 911 | 0016| service area; and | 0017| (2) automatically display the name, address and | 0018| telephone number of an incoming 911 call on a video monitor at | 0019| the appropriate public safety answering point; | 0020| I. "enhanced 911 equipment" means the customer | 0021| premises equipment directly related to the operation of an | 0022| enhanced 911 system, including ~~[but not limited to]~~ | 0023| automatic number identification or automatic location | 0024| identification controllers and display units, printers, | 0025| cathode ray tubes and software associated with call detail | - 80 - 0001| recording; | 0002| J. "equipment supplier" means ~~[any]~~ a person | 0003| ~~[or entity]~~ who provides or offers to provide | 0004| telecommunications equipment necessary for the establishment | 0005| of enhanced 911 services; | 0006| K. "local 911 surcharge" means the additional charge | 0007| imposed by a local governing body of a community served by a | 0008| local exchange telephone company that has not otherwise | 0009| provided for enhanced 911 capability in its network in order | 0010| to provide funding for the local governing body to pay for | 0011| development of the network and database; | 0012| L. "local exchange access line" means ~~[any]~~ a | 0013| telephone line that connects a local exchange service customer | 0014| to the local switching office and has the capability of | 0015| reaching local public safety service agencies, but does not | 0016| include any line used by a carrier for the provision of | 0017| interexchange services; | 0018| M. "local exchange area" means a geographic area | 0019| encompassing one or more local communities, as described in | 0020| maps, tariffs or rate schedules filed with the commission, | 0021| where local exchange rates apply; | 0022| N. "local exchange service" means the transmission | 0023| of two-way interactive switched voice communications furnished | 0024| by a local exchange telephone company within a local exchange | 0025| area, including access to enhanced 911 systems; | - 81 - 0001| O. "local exchange telephone company" means a | 0002| telecommunications company, as defined by Subsection M of | 0003| Section 63-9A-3 NMSA 1978, certified to provide local exchange | 0004| service; | 0005| P. "local governing body" means the board of county | 0006| commissioners of a county or the governing body of a | 0007| municipality as defined in the Municipal Code; | 0008| Q. "network" means ~~[any]~~ a system designed to | 0009| provide one or more access paths for communications between | 0010| users at different geographic locations; provided that a | 0011| system may be designed for voice, data or both and may feature | 0012| limited or open access and may employ appropriate analog, | 0013| digital switching or transmission technologies; | 0014| R. "network and database surcharge" means the | 0015| monthly uniform charge assessed on each local exchange service | 0016| customer in the state for each local exchange access line to | 0017| pay for the costs of developing and maintaining a network and | 0018| database for a 911 emergency system; and | 0019| S. "public safety answering point" means a twenty- | 0020| four-hour local jurisdiction communications facility that | 0021| receives 911 service calls and directly dispatches emergency | 0022| response services or that relays calls to the appropriate | 0023| public or private safety agency." | 0024| Section 77. Section 65-2-82 NMSA 1978 (being Laws 1981, | 0025| Chapter 358, Section 3, as amended by Laws 1989, Chapter 250, | - 82 - 0001| Section 1 and also by Laws 1989, Chapter 375, Section 1) is | 0002| amended to read: | 0003| "65-2-82. DEFINITIONS.--As used in the Motor Carrier | 0004| Act: | 0005| A. "antitrust laws" means the laws of this state | 0006| relating to combinations in restraint of trade; | 0007| B. "broker" means ~~[any]~~ a person not included in | 0008| the term "motor carrier" and not a bona fide employee or agent | 0009| of any motor carrier who, as principal or agent, sells or | 0010| offers for sale any transportation subject to the Motor | 0011| Carrier Act or negotiates for or holds himself ~~[or itself]~~ | 0012| out by solicitation, advertisement or otherwise as one who | 0013| sells, provides, furnishes, contracts or arranges for ~~[such]~~ | 0014| that transportation; | 0015| C. "certificate" means a certificate of public | 0016| convenience and necessity issued under authority of the laws | 0017| of the state to common motor carriers; | 0018| D. "clerk" or "chief clerk" means the chief clerk | 0019| of the ~~[state corporation]~~ public regulation commission; | 0020| E. "commission" means the ~~[state corporation]~~ | 0021| public regulation commission; | 0022| F. "common motor carrier" means ~~[any]~~ a person | 0023| who undertakes, whether directly or indirectly or by lease of | 0024| equipment or operating rights or any other arrangement, to | 0025| transport persons or property or any class of property for the | - 83 - 0001| general public by motor vehicle for compensation, whether over | 0002| regular or irregular routes and under scheduled or | 0003| nonscheduled service, but does not include farm carriers; | 0004| G. "contract motor carrier" means ~~[any]~~ a person | 0005| not a common motor carrier who, under individual contracts or | 0006| agreements and whether directly or indirectly or by lease of | 0007| equipment or operating rights or any other arrangements, | 0008| transports persons or property by motor vehicle for | 0009| compensation, but does not include farm carriers; | 0010| H. "farm carrier" means ~~[any]~~ a motor vehicle | 0011| registered in this state being used in the transportation for | 0012| hire of a cargo consisting of ~~[only]~~ one or several of the | 0013| following: farm produce, including ~~[but not limited to]~~ | 0014| grains, cotton, cottonseed, vegetables, hay and other farm | 0015| products; livestock feed; livestock; stock salt; manure; wire; | 0016| posts; dairy products; and farm or ranch machinery except | 0017| tractors weighing more than forty-five thousand pounds; | 0018| I. "highway" means the public roads, highways, | 0019| streets and ways in this state; | 0020| J. "household goods" means: | 0021| (1) personal effects and property used or to be | 0022| used in a dwelling when a part of the equipment or supply of | 0023| the dwelling and other similar property as the commission may | 0024| provide by ~~[regulation]~~ rule; except that this paragraph | 0025| shall not be construed to include property moving from a | - 84 - 0001| factory or store, except property as the householder has | 0002| purchased with intent to use in his dwelling and ~~[which]~~ | 0003| that is transported at the request of, and the | 0004| transportation charges paid to the carrier by, the | 0005| householder; | 0006| (2) furniture, fixtures, equipment and the | 0007| property of stores, offices, museums, institutions, hospitals | 0008| or other establishments when a part of the stock, equipment or | 0009| supply of stores, offices, museums, institutions, hospitals or | 0010| other establishments and other similar property as the | 0011| commission may provide by ~~[regulation]~~ rule; except that | 0012| this paragraph shall not be construed to include the stock-in- | 0013| trade of any establishment, whether consignor or consignee, | 0014| other than used furniture and used fixtures, except when | 0015| transported as incidental to the moving of the establishment, | 0016| or a portion ~~[thereof]~~ of it, from one location to | 0017| another; and | 0018| (3) articles, including objects of art, | 0019| displays and exhibits, ~~[which]~~ that, because of their | 0020| unusual nature or value require the specialized handling and | 0021| equipment usually employed in moving household goods and other | 0022| similar articles as the commission may provide by | 0023| ~~[regulation]~~ rule; except that this paragraph shall not be | 0024| construed to include any article, whether crated or uncrated, | 0025| ~~[which]~~ that does not, because of its unusual nature or | - 85 - 0001| value, require the specialized handling and equipment usually | 0002| employed in moving household goods; | 0003| K. "interested parties" shall in all cases include | 0004| all carriers operating over the routes or any part thereof or | 0005| in the territory involved in ~~[any]~~ an application for a | 0006| certificate or permit or ~~[any]~~ an application to file or | 0007| change ~~[any]~~ a schedule of rates, charges or fares or | 0008| ~~[any]~~ a rule ~~[regulation]~~ or practice, and other parties | 0009| as the commission may deem interested in the particular | 0010| matter; | 0011| L. "irregular route" means that the route to be used | 0012| by a motor carrier is not restricted to any specific highway | 0013| within the area the motor carrier is authorized to serve; | 0014| M. "lease" means ~~[any]~~ an arrangement whereby a | 0015| motor carrier augments his equipment by use of equipment owned | 0016| by others; | 0017| N. "license" means a license issued ~~[under]~~ | 0018| pursuant to the Motor Carrier Act to a broker; | 0019| O. "motor carrier" includes common motor carriers, | 0020| contract motor carriers and any person performing for-hire | 0021| transportation service without authority from the commission | 0022| and farm carriers; | 0023| P. "motor vehicle" means ~~[any]~~ a vehicle, | 0024| machine, tractor, trailer or semi-trailer propelled or drawn | 0025| by mechanical power and used upon the highways in the | - 86 - 0001| transportation of property or persons, but does not include | 0002| any vehicle, locomotive or car operated exclusively on rail or | 0003| rails; | 0004| Q. "permit" means a permit issued under authority of | 0005| the laws of this state to contract motor carriers; | 0006| R. "person" means ~~[any]~~ an individual, firm, | 0007| partnership, corporation, company, association or organization | 0008| and includes any trustee, receiver, assignee or personal | 0009| representative thereof; | 0010| S. "regular route" means a fixed, specific and | 0011| determined course to be traveled by a motor carrier's vehicles | 0012| rendering service to, from or between various points, | 0013| localities or municipalities in this state; | 0014| T. the "services" and "transportation" to which the | 0015| Motor Carrier Act applies include all vehicles operated by, | 0016| for or in the interest of any motor carrier irrespective of | 0017| ownership or of contract, express or implied, together with | 0018| all facilities and property controlled by any motor carrier | 0019| and used in the transportation of persons or property or in | 0020| the performance of any service in connection therewith; | 0021| U. "shipper" means a person who consigns or receives | 0022| goods for transportation; | 0023| V. "single-line rate" means a rate, charge or | 0024| allowance proposed by a single common motor carrier of | 0025| property that is applicable only over its line and for which | - 87 - 0001| the transportation can be provided by that common motor | 0002| carrier; | 0003| W. "state" means ~~[the state of]~~ New Mexico; | 0004| X. "towing company" means ~~[any]~~ a common motor | 0005| carrier engaged in transporting for hire disabled or abandoned | 0006| motor vehicles by means of a tow truck or flatbed vehicle | 0007| carrier; and | 0008| Y. "weight-bumping" means the knowing and willful | 0009| making or securing of a fraudulent weight on a shipment of | 0010| household goods ~~[which]~~ that is subject to the | 0011| jurisdiction of the commission under the Motor Carrier Act." | 0012| Section 78. Section 65-2-120 NMSA 1978 (being Laws 1981, | 0013| Chapter 358, Section 41, as amended) is repealed and a new | 0014| Section 65-2-120 NMSA 1978 is enacted to read: | 0015| "65-2-120. [NEW MATERIAL] APPEAL TO SUPREME COURT.-- | 0016| A. A motor carrier or other party in interest being | 0017| aggrieved by a final order or determination of the commission | 0018| pursuant to Chapter 65, Article 2 NMSA 1978 may appeal to the | 0019| supreme court within thirty days. | 0020| B. The appeal shall be on the record of the hearing | 0021| before the commission and shall be governed by the appellate | 0022| rules applicable to administrative appeals. The supreme court | 0023| shall affirm the commission's order unless it is: | 0024| (1) arbitrary, capricious or an abuse of | 0025| discretion; | - 88 - 0001| (2) not supported by substantial evidence in | 0002| the record; or | 0003| (3) otherwise not in accordance with law." | 0004| Section 79. Section 65-4-4 NMSA 1978 (being Laws 1933, | 0005| Chapter 120, Section 4) is amended to read: | 0006| "65-4-4. ADMINISTRATION OF ACT.--The ~~[State~~ | 0007| ~~Corporation]~~ commission ~~[of the State of New Mexico is~~ | 0008| ~~hereby vested with authority to]~~ shall administer ~~[this~~ | 0009| ~~act]~~ Sections 65-4-1 through 65-4-18 NMSA 1978 with full | 0010| power to regulate and control the issuance and revocation of | 0011| licenses to be issued under the provisions of ~~[this act]~~ | 0012| those sections and to perform all other acts and duties | 0013| provided in ~~[this act and]~~ those sections necessary for | 0014| ~~[its]~~ their enforcement." | 0015| Section 80. Section 65-4-18 NMSA 1978 (being Laws 1933, | 0016| Chapter 120, Section 19) is amended to read: | 0017| "65-4-18. COMMISSION DEFINED.--The term "commission", | 0018| when used in ~~[this act]~~ Sections 65-4-1 through 65-4-18 | 0019| NMSA 1978, means the ~~[state corporation]~~ public | 0020| regulation commission ~~[of the State of New Mexico]~~." | 0021| Section 81. Section 65-6-2 NMSA 1978 (being Laws 1974, | 0022| Chapter 82, Section 2, as amended) is amended to read: | 0023| "65-6-2. DEFINITIONS.--As used in the Ambulance | 0024| Standards Act: | 0025| A. "ambulance" means ~~[any]~~ a vehicle, including | - 89 - 0001| motor vehicles or watercraft, designed and used or intended to | 0002| be used for the transportation of sick or injured persons; | 0003| B. "driver" means a person who, on a regular or | 0004| irregular basis, either paid or voluntary, serves as the | 0005| operator of an ambulance; | 0006| C. "attendant" means a person who, on a regular or | 0007| irregular basis, either paid or voluntary, serves as an | 0008| assistant to the ~~[ambulance]~~ driver in the operation of the | 0009| ambulance; and | 0010| D. "commission" means the ~~[state corporation]~~ | 0011| public regulation commission." | 0012| Section 82. Section 70-3-12 NMSA 1978 (being Laws 1969, | 0013| Chapter 71, Section 2, as amended) is amended to read: | 0014| "70-3-12. DEFINITIONS.--As used in the Pipeline Safety | 0015| Act: | 0016| A. "person" means ~~[any]~~ an individual, firm, | 0017| joint venture, partnership, corporation, association, state, | 0018| municipality, political subdivision, cooperative association, | 0019| joint stock association or any combination thereof and | 0020| includes any receiver, trustee, assignee or personal | 0021| representative thereof; | 0022| B. "commission" means the ~~[state corporation]~~ | 0023| public regulation commission; | 0024| C. "gas" means natural gas, flammable gas or gas | 0025| that is toxic or corrosive; | - 90 - 0001| D. "oil" means crude oil and liquid hydrocarbons and | 0002| manufactured products derived from either; | 0003| E. "transportation of gas" means the gathering, | 0004| transmission or distribution of gas by pipeline or its | 0005| storage, except that it shall not include the gathering of gas | 0006| in those rural locations ~~[which]~~ that lie outside the | 0007| limits of any municipality or unincorporated city, town or | 0008| village or any residential or commercial area such as a | 0009| subdivision, a business or shopping center, a community | 0010| development or any similar populated area ~~[which]~~ that the | 0011| commission may define by order as a nonrural area; | 0012| F. "transportation of oil" means the transmission of | 0013| oil by pipeline, except pipelines operated exclusively for the | 0014| gathering of oil in any field or area or pipelines | 0015| constituting a part of any tank farm, plant facilities of any | 0016| processing plant, gasoline plant, refinery, carbon-black | 0017| plant, recycling system or similar operations; | 0018| G. "gas pipeline facilities" means new and existing | 0019| pipeline rights of way and any equipment, facility or | 0020| structure used in the transportation of gas or the treatment | 0021| of gas during the course of transportation; | 0022| H. "oil pipeline facilities" means new and existing | 0023| pipeline rights of way and any equipment, facility or | 0024| structure used in the transportation of oil; and | 0025| I. "intrastate pipeline facilities" means oil | - 91 - 0001| pipeline facilities or gas pipeline facilities within the | 0002| state that are not gas pipeline facilities subject to the | 0003| jurisdiction of the federal energy regulatory commission | 0004| pursuant to the federal Natural Gas Act or oil pipeline | 0005| facilities used in the transportation of oil in interstate or | 0006| foreign commerce, except that it shall include pipeline | 0007| facilities within the state that transport gas from an | 0008| interstate gas pipeline to a direct sales customer within the | 0009| state purchasing gas for its own consumption." | 0010| Section 83. TEMPORARY PROVISION--TRANSFERS.-- | 0011| A. Except as otherwise provided in this section, on | 0012| January 1, 1999, all personnel and all money, appropriations, | 0013| records, furniture, equipment, supplies and other property | 0014| belonging to the state corporation commission, the insurance | 0015| board and the New Mexico public utility commission are | 0016| transferred to the public regulation commission. On January | 0017| 1, 1999, all personnel and all money, appropriations, records, | 0018| furniture, equipment, supplies and other property belonging to | 0019| the attorney general for the provision of legal services to | 0020| the state corporation commission are transferred to the public | 0021| regulation commission. | 0022| B. Except as otherwise provided in this section, on | 0023| January 1, 1999, all existing contracts, agreements and other | 0024| obligations in effect for the state corporation commission, | 0025| the insurance board or the New Mexico public utility | - 92 - 0001| commission shall be binding on the public regulation | 0002| commission. | 0003| C. Except as otherwise provided in this section, on | 0004| January 1, 1999, all pending cases, legal actions, appeals and | 0005| other legal proceedings of every description and all pending | 0006| administrative proceedings that involve the state corporation | 0007| commission, the insurance board or the New Mexico public | 0008| utility commission shall be unaffected and shall continue in | 0009| the name of the public regulation commission. | 0010| D. All rules, tariffs, orders and other official | 0011| acts of the state corporation commission, the insurance board | 0012| or the New Mexico public utility commission shall continue in | 0013| effect until amended, replaced or repealed by the public | 0014| regulation commission; provided, however, that the public | 0015| regulation commission shall review all rules, tariffs and | 0016| other official acts of the state corporation commission and | 0017| the New Mexico public utility commission by July 1, 2003 and | 0018| readopt, amend, replace or repeal them. | 0019| E. All references in law, rules, tariffs, orders and | 0020| other official acts to the state corporation commission, the | 0021| insurance board or the New Mexico public utility commission | 0022| shall be construed to be references to the public regulation | 0023| commission. | 0024| F. On January 1, 1999, all personnel and all money, | 0025| appropriations, records, furniture, equipment, supplies and | - 93 - 0001| other property belonging to the state fire marshal's office, | 0002| the fire board or the firefighter's training academy of the | 0003| state corporation commission are transferred to the department | 0004| of public safety. All existing contracts, agreements and | 0005| other obligations; all appeals and other proceedings; all | 0006| rules and orders; and all references in law to the state fire | 0007| marshal's office, the fire board or the firefighter's training | 0008| academy shall be deemed to be obligations of or references to | 0009| the department of public safety. | 0010| Section 84. REPEAL.--Sections 53-1-2 through 53-1-6, | 0011| 53-3-34, 59A-1-6, 59A-2-5 and 59A-2-6, 59A-3-1 through | 0012| 59A-3-9, 62-5-1 through 62-5-11, 62-6-1 through 62-6-3, | 0013| 62-10-7, 62-10-15, 62-15-29, 63-2-11, 63-2-17, 63-3-3 through | 0014| 63-3-5, 63-3-9 through 63-3-22, 63-3-24, 63-3-29 through | 0015| 63-3-32, 63-4-1 through 63-4-8, 63-6-1 through 63-6-7, 63-7-2 | 0016| through 63-7-9, 63-7-11 through 63-7-19, 63-8-1 through | 0017| 63-8-7, 63-9-12 through 63-9-14, 63-9-17, 63-9A-13, 63-9A-15, | 0018| 63-9A-17 and 63-9A-18, 63-9B-7, 63-9B-11, 63-9B-12, 65-2-118 | 0019| and 65-2-119 NMSA 1978 (being Laws 1913, Chapter 68, Sections | 0020| 2 and 3, Laws 1912, Chapter 83, Section 18, Laws 1913, Chapter | 0021| 83, Section 11, Laws 1951, Chapter 93, Section 1, Laws 1979, | 0022| Chapter 390, Section 11, Laws 1984, Chapter 127, Sections 6, | 0023| 23, 24, 35, 36 and 38 through 44, Laws 1941, Chapter 84, | 0024| Section 3, Laws 1977, Chapter 255, Section 121, Laws 1941, | 0025| Chapter 84, Sections 4 through 8, 10 through 16, 56 and 64, | - 94 - 0001| Laws 1939, Chapter 47, Section 29, Laws 1878, Chapter 1, | 0002| Section 8-23, Laws 1882, Chapter 59, Section 1, Laws 1947, | 0003| Chapter 49, Sections 1 and 2, Laws 1878, Chapter 1, Section | 0004| 8-14, Laws 1882, Chapter 60, Sections 1 and 2, Laws 1878, | 0005| Chapter 1, Sections 9-3 and 8-18, Laws 1882, Chapter 59, | 0006| Sections 2 through 7 and 9, Laws 1878, Chapter 1, Section | 0007| 8-12, Laws 1912, Chapter 62, Sections 1 and 2, Laws 1878, | 0008| Chapter 1, Section 8-13, Laws 1915, Chapter 37, Sections 1 | 0009| through 4, Laws 1921, Chapter 200, Sections 1 through 8, Laws | 0010| 1878, Chapter 1, Sections 9-4 through 9-10, Laws 1912, Chapter | 0011| 78, Sections 2 through 5, Laws 1925, Chapter 19, Section 1, | 0012| Laws 1912, Chapter 78, Sections 6 through 8 and 10 through 18, | 0013| Laws 1955, Chapter 43, Sections 1 through 7, Laws 1965, | 0014| Chapter 292, Sections 12 through 14 and 17, Laws 1985, Chapter | 0015| 242, Sections 13, 15, 17 and 18, Laws 1987, Chapter 296, | 0016| Sections 7, 11 and 12 and Laws 1981, Chapter 358, Sections 39 | 0017| and 40, as amended) are repealed. | 0018| Section 85. DELAYED REPEAL.--The following are repealed | 0019| effective July 1, 2001: | 0020| A. the Public Utility Act; | 0021| B. Chapter 63, Article 7 NMSA 1978; | 0022| C. the Telephone and Telegraph Company Certification | 0023| Act; | 0024| D. the New Mexico Telecommunications Act; and | 0025| E. the Cellular Telephone Services Act. | - 95 - 0001| Section 86. EFFECTIVE DATE.--The effective date of the | 0002| provisions of this act is January 1, 1999. |