44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO STATE GOVERNMENT; ENACTING THE SUNSET ACT; TERMINATING ALL AGENCIES OF STATE GOVERNMENT; CREATING THE SUNSET COMMISSION TO REVIEW AGENCIES AND RULES AND MAKE RECOMMENDATIONS; REPEALING CERTAIN SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Sunset Act."

Section 2. FINDINGS OF FACT.--The legislature finds that state government actions have produced a substantial increase in numbers of programs and a proliferation of state agencies, advisory committees, boards and commissions and their rules and regulations and that the whole process has developed in a haphazard, piecemeal fashion resulting in overlapping and duplication without regulatory accountability or a system of checks and balances. The legislature further finds that by establishing a system for periodic review of agencies, it will be in a better position to evaluate the need for the continued existence of the regulatory agencies covered by the Sunset Act.

Section 3. TERMINATION OF AGENCIES ON JULY 1, 2001.--Notwithstanding any other provision of law, the following agencies are terminated on July 1, 2001:

A. the New Mexico compilation commission;

B. the judicial standards commission;

C. the supreme court building commission;

D. the educational retirement board;

E. the state commission of public records;

F. the personnel board;

G. the public employee labor relations board;

H. the board of examiners for architects;

I. the twenty-seven boards and commissions under the administration of the regulation and licensing department;

J. the New Mexico board of medical examiners;

K. the board of nursing;

L. the state fair commission;

M. the state board of registration for professional engineers and surveyors;

N. the state racing commission;

O. the New Mexico apple commission;

P. the board of veterinary medicine;

Q. the bicycle racing commission;

R. the New Mexico livestock board;

S. the organic commodity commission;

T. the commission on the status of women;

U. the commission for deaf and hard-of-hearing persons;

V. the Martin Luther King, Jr. commission;

W. the commission for the blind;

X. the New Mexico health policy commission;

Y. the New Mexico veterans' service commission;

Z. the crime stoppers commission;

AA. the parole board;

BB. the juvenile parole board;

CC. the crime victims reparation commission;

DD. the commission on higher education; and

EE. all other boards, commissions, task forces, joint powers agreement agencies and advisory committees created by executive order or action, state agency action or state law.

Section 4. TERMINATION OF AGENCIES ON JULY 1, 2002.--Notwithstanding any other provision of law, the following agencies are terminated on July 1, 2002:

A. the legislative finance committee;

B. the legislative education study committee;

C. the administrative office of the courts;

D. the administrative office of the district attorneys;

E. the taxation and revenue department;

F. the state investment council;

G. the department of finance and administration;

H. the public school insurance authority;

I. the retiree health care authority;

J. the general services department;

K. the criminal and juvenile justice coordinating council;

L. the public defender department;

M. the office on information and communication management;

N. the public employees retirement association;

O. the border authority;

P. the tourism department;

Q. the economic development department;

R. the regulation and licensing department;

S. the office of cultural affairs;

T. the department of game and fish;

U. the energy, minerals and natural resources department;

V. the state engineer;

W. the New Mexico office of Indian affairs;

X. the state agency on aging;

Y. the human services department;

Z. the labor department;

AA. the workers' compensation administration;

BB. the governor's committee on concerns of the handicapped;

CC. the developmental disabilities planning council;

DD. the department of health;

EE. the department of environment;

FF. the office of natural resources trustee;

GG. the children, youth and families department;

HH. the department of military affairs;

II. the corrections department;

JJ. the department of public safety;

KK. the state highway and transportation department;

LL. the legislative council service;

MM. the state department of public education; and

NN. all other state agencies created by state law, executive order or action, except the sunset commission.

Section 5. WIND-UP PERIOD.--If no action is taken by the legislature to extend the life of an agency by the date of termination, the agency shall continue until the date of the termination for the purpose of winding up its affairs. During the wind-up period, the termination shall not reduce or otherwise limit the powers or authority of the agency.

Section 6. CONTINUATION.--The life of any agency scheduled for termination under the Sunset Act may be continued by the legislature, or the executive for agencies created by executive action, for periods set by the legislature or executive in such manner that the termination occurs on July 1 of an odd-numbered year, and the delayed repeal of the statutes creating the agency and related statutes becomes effective on July 1 of the next following even-numbered year.

Section 7. SUNSET COMMISSION CREATED.--

A. There is created the "sunset commission" consisting of one member appointed by the speaker of the house of representatives, one member appointed by the minority leader of the house of representatives, one member appointed by the president pro tempore of the senate, one member appointed by the minority leader of the senate, four members appointed by the governor, one member appointed by the secretary of finance and administration, who shall serve ex officio as the executive director of the commission, and the lieutenant governor, who shall serve as chair of the commission and who shall have full authority to vote on all matters before the commission.

B. The commission is administratively attached to the department of finance and administration.

C. Public members and members appointed by legislators shall receive per diem and mileage in accordance with the Per Diem and Mileage Act and shall receive no other compensation or salary.

D. Appointed members shall serve only one term consisting of two consecutive years. If a legislative member ceases to be a member of the house from which he was appointed, the member vacates his membership on the commission. In the event of a vacancy, the appropriate appointing authority shall appoint a qualified person to serve for the remainder of the unexpired term.

E. A majority of members present at each meeting constitutes a quorum.

F. The sunset commission is terminated on July 1, 2004.

Section 8. SUNSET COMMISSION--DUTIES.--

A. The sunset commission shall review all state agencies, boards, commissions, advisory committees, task forces and joint powers agreement agencies and make recommendations to the legislature at the legislative session prior to the scheduled termination of that agency as set forth in the Sunset Act regarding whether those agencies should continue in existence and if so, for how long. The commission shall also recommend changes to existing state law that would make the agency more effective and may recommend whether agencies should be combined.

B. In making its recommendation to the legislature, the commission shall take into consideration all or applicable parts of the following:

(1) the extent to which the agency has permitted qualified applicants to serve the public;

(2) the extent to which the agency has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures and practices and by budgetary, resource and personnel matters;

(3) the extent to which the agency has recommended statutory changes to the legislature that would benefit the public as opposed to the persons it regulates;

(4) the extent to which persons regulated by the agency have exercised control over the policies and actions of the agency and the extent to which the agency requires the persons it regulates to report to it concerning the impact of rules and decisions of the agency regarding improved service, economy of service and availability of service;

(5) the extent to which persons regulated by the agency have been required to assess problems in their industry that affect the public;

(6) the extent to which the agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates;

(7) the efficiency with which formal public complaints filed with the agency concerning persons subject to regulation have been processed to completion by the agency; and

(8) the extent to which changes are necessary in the enabling laws of the agency to adequately comply with the above factors.

Section 9. EXISTING CLAIMS AND RIGHTS.--The Sunset Act shall not cause the dismissal of any claim or right of a citizen against any agency specified therein or any claim or right of such an agency terminated pursuant to that act that is subject to litigation. The claims and rights of such an agency shall be assumed by an agency designated by the governor. Nothing in the Sunset Act shall interfere with the legislature otherwise considering legislation on any agency mentioned therein.

Section 10. INSPECTION FUNCTIONS--ASSIGNMENTS.--The governor may by executive order assign any safety or health inspection function repealed pursuant to the terms of the Sunset Act to any other appropriate state department or agency within the executive department of state government.

Section 11. RULE REVIEW.--Each agency subject to the provisions of the Sunset Act shall review its rules within six months of the effective date of that act and, as a result of that review, update its rules at least once every year. Each agency subject to the provisions of the Sunset Act shall submit to the sunset commission each year a copy of its rules and a status report on actions the agency took on its rules during the last fiscal year. The sunset commission shall review those rules and all laws relating to those agencies before July 1, 2004.

Section 12. REPEAL.--Sections 12-9-11, 12-9-12, 12-9-17 through 12-9-22, 28-1-15, 31-22-24, 50-1-9, 60-1-26, 60-2A-30, 60-13-58, 60-14-16, 61-2-18, 61-3-31, 61-4-17, 61-5A-30, 61-6-35, 61-7A-15, 61-8-17, 61-9-19, 61-9A-30, 61-10-22, 61-11-29, 61-12A-24, 61-12B-16, 61-12C-28, 61-12D-17, 61-13-17, 61-14-20, 61-14A-22, 61-14B-25, 61-14D-19, 61-15-13, 61-17A-25, 61-23-32, 61-24B-17, 61-24C-17, 61-28A-28, 61-29-19, 61-31-25, 61-32-31, 69-25A-36, 74-6-17 and 77-2-28 NMSA 1978 (being Laws 1981, Chapter 241, Sections 1 and 2 and 7 through 11, Laws 1989, Chapter 288, Section 1, Laws 1987, Chapter 333, Section 1, Laws 1993, Chapter 207, Section 10, Laws 1987, Chapter 333, Sections 2 and 3, Laws 1980, Chapter 90, Section 30, Laws 1978, Chapter 194, Section 1, Laws 1983, Chapter 295, Section 21, Laws 1979, Chapter 12, Section 3, Laws 1979, Chapter 379, Section 11, Laws 1979, Chapter 77, Section 2, Laws 1994, Chapter 55, Section 42, Laws 1979, Chapter 40, Section 2, Laws 1989, Chapter 387, Section 15, Laws 1979, Chapter 385, Section 2, Laws 1978, Chapter 188, Section 2, Laws 1993, Chapter 49, Section 30, Laws 1979, Chapter 36, Section 2, Laws 1979, Chapter 266, Section 2, Laws 1996, Chapter 55, Section 24, Laws 1984, Chapter 103, Section 17, Laws 1993, Chapter 173, Section 21, Laws 1997, Chapter 89, Section 17, Laws 1978, Chapter 206, Section 1, Laws 1979, Chapter 76, Section 2, Laws 1993, Chapter 158, Section 30, Laws 1996, Chapter 57, Section 25, Laws 1993, Chapter 325, Section 19, Laws 1979, Chapter 362, Section 10, Laws 1993, Chapter 171, Section 27, Laws 1987, Chapter 336, Section 32, Laws 1985, Chapter 151, Section 18, Laws 1993, Chapter 83, Sections 5 and 6, Laws 1978, Chapter 203, Section 2, Laws 1989, Chapter 51, Section 27, Laws 1993, Chapter 204, Section 31, Laws 1987, Chapter 333, Sections 14 and 15 and Laws 1981, Chapter 5, Section 1, as amended) are repealed.