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SENATE BILL 57

TH LEGISLATURE

- STATE OF NEW MEXICO -

SECOND SESSION

, 2008

INTRODUCED BY

Bernadette M. Sanchez and Richard J. Berry

FOR THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE

AN ACT

RELATING TO REGULATION; CREATING A REGULATORY PROCESS TASK

FORCE; PROVIDING DUTIES; MAKING AN APPROPRIATION.

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

Section 1. REGULATORY PROCESS TASK FORCE CREATED--

MEMBERSHIP--DUTIES.--

A. The "regulatory process task force" is created.

The task force shall function from July 1, 2008 to December 15,

2011.

B. The task force shall consist of twenty-one

members as follows:

(1) three members of the senate, with at least

one from the minority party, and three members of the house of

representatives, with at least one from the minority party,

appointed by the New Mexico legislative council;

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(2) four members representing the interests of

state agencies, appointed by the governor, at least two being

lawyers;

(3) the attorney general or the attorney

general's designee;

(4) one member of the public regulation

commission appointed by the chair of the public regulation

commission;

(5) one member representing the interests of

industry appointed by the governor;

(6) one member representing the interests of

industry appointed by the president pro tempore of the senate;

(7) one member representing the interests of

industry appointed by the speaker of the house;

(8) one member from the association of

commerce and industry of New Mexico;

(9) one member representing the interests of

the judicial branch, appointed by the chief justice of the New

Mexico supreme court;

(10) an administrative law judge appointed by

the governor; and

(11) three members of public interest advocacy

groups, including one representative from a consumer advocacy

group and one representative from an environmental advocacy

group, appointed by the governor.

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C. The task force shall be co-chaired by a member

of the house of representatives and a member of the senate, as

appointed by the New Mexico legislative council. The task

force shall meet at the call of the co-chairs at least four

times per calendar year.

D. Vacancies on the task force shall be filled by

appointment by the original appointing authority.

E. Members of the task force are entitled to per

diem and mileage as provided in the Per Diem and Mileage Act

and shall receive no other compensation, perquisite or

allowance.

F. Staff for the task force shall be provided by

the legislative council service and the state records

administrator or the administrator's designee.

G. The task force shall:

(1) identify the challenges that New Mexicans

face navigating regulatory intra- and interagency processes;

(2) identify the goals of a regulatory

framework;

(3) identify processes necessary to carry out

specific state agencies' purposes;

(4) determine whether areas could be improved

to enhance consistency, predictability and other identified

goals;

(5) review the 2008 model Administrative

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Procedures Act to be released by the national conference of

commissioners on uniform state laws;

(6) review rulemaking and adjudicatory and

accountability systems in other states;

(7) consider whether the proposed model act

should apply to most, if not all, state agencies;

(8) consider whether broad-based reform will

enhance consistency and predictability and meet the goals

necessary to serve the citizens and businesses of New Mexico

more effectively;

(9) identify strategies for improving the

essential rulemaking and adjudicatory functions of state

agencies in order to carry out legislative mandates

effectively; and

(10) determine any necessary legislative

action to improve regulatory processes and develop a strategy

and time line for implementation of any recommended changes.

H. The task force shall report its findings and

make recommendations to the governor and the legislature before

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

Section 2. APPROPRIATION.--One hundred fifty thousand

dollars ($150,000) is appropriated from the general fund to the

legislative council service for expenditure in fiscal years

2008 through 2011 to pay costs associated with the regulatory

process task force. Any unexpended or unencumbered balance

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remaining at the end of fiscal year 2011 shall revert to the

general fund.

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