HOUSE BILL 614
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Daniel R. Foley
AN ACT
RELATING TO STATE RULES; REQUIRING AN ECONOMIC IMPACT STUDY BEFORE A RULE IS ADOPTED; REQUIRING LEGISLATIVE REVIEW OF CERTAIN PROPOSED RULES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. RULEMAKING PREREQUISITES--ECONOMIC IMPACT STUDY--LEGISLATIVE REVIEW.--
A. Prior to the adoption or amendment of any rule, and in addition to any other rulemaking requirements imposed by law, an agency shall conduct and review an economic impact study of costs, benefits and impacts of the proposed rule. The study shall include the following factors:
(1) the need for the proposed rule;
(2) the number and identity of municipalities, counties or other entities that will be impacted by the proposed rule;
(3) the cost of compliance with the proposed rule;
(4) the anticipated benefit derived from compliance with the proposed rule;
(5) the nature of complaints or comments received from the public concerning the proposed rule;
(6) the complexity of the proposed rule; and
(7) the extent to which the proposed rule overlaps, duplicates or conflicts with other federal, state and local government rules.
B. A proposed rule that has an annual negative fiscal impact of twenty million dollars ($20,000,000) or more, either in revenue to the general fund or in expenditures from the general fund, shall not be adopted unless it is first reviewed by the legislative finance committee, and then by the legislature pursuant to Subsection C of this section.
C. Each house of the legislature by rule shall establish a process under which the presiding officer of each house refers proposed agency rules that have an annual negative fiscal impact of twenty million dollars ($20,000,000) or more, either in revenue to the general fund or expenditures from the general fund, to the appropriate standing committee for review before the rule is adopted. An agency shall deliver to the president pro tempore of the senate and the speaker of the house of representatives a copy of the proposed rule no later than ninety days prior to filing of the rule pursuant to the State Rules Act. On the vote of a majority of its members, a standing committee may send to a state agency a statement supporting or opposing adoption of a proposed rule.
D. For the purposes of this section:
(1) "agency" means every department, agency, board, commission, committee or institution of the executive branch of state government; and
(2) "rule" means any rule, regulation, order, standard or statement of policy issued or promulgated by an agency and purporting to affect one or more agencies besides the agency issuing the rule or to affect persons not members or employees of the issuing agency. An order or decision or other document issued or promulgated in connection with the disposition of any case or agency decision upon a particular matter as applied to a specific set of facts shall not be deemed a rule nor shall it constitute specific adoption of a rule by the agency. "Rule" does not include rules relating to the management, confinement, discipline or release of inmates of any penal or charitable institution, the New Mexico boys' school, the girls' welfare home or a public hospital; or rules made relating to the management of any particular educational institution, whether elementary or otherwise; or rules made relating to admissions, discipline, supervision, expulsion or graduation of students from an educational institution.
Section 2. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the board of regents of the university of New Mexico for expenditure in fiscal year 2009 for the bureau of business and economic research at the university of New Mexico to conduct economic impact studies of proposed agency rules. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
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