SENATE JOINT MEMORIAL 7

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Timothy M. Keller and W. Ken Martinez

A JOINT MEMORIAL

ESTABLISHING A TASK FORCE TO REVIEW THE PROPOSED MODEL STATE ADMINISTRATIVE PROCEDURE ACT AND MAKE RECOMMENDATIONS CONCERNING THE ADOPTION OF PART OR ALL OF THAT MODEL ACT.

     WHEREAS, the health and well-being of New Mexico's people and communities depend on the maintenance of a clean and healthy environment as well as a strong business climate that is hospitable to various industries; and

     WHEREAS, New Mexico's ability to maintain a clean and healthy environment and a hospitable business climate depends on the fair and predictable administration and enforcement of various state laws and regulations; and

     WHEREAS, New Mexico statutes and regulations that provide for and govern rulemaking and adjudications of regulatory activities lack uniformity, in part because the Administrative Procedures Act, enacted in 1969, does not apply to most New Mexico state agencies; and

     WHEREAS, the national conference of commissioners on uniform state laws will release the final draft of the Model State Administrative Procedure Act in 2010 replete with options for state-specific adoption; and

     WHEREAS, the people, businesses and communities of New Mexico deserve to have their policymakers and administrators review the Model State Administrative Procedure Act in order to make recommendations concerning the adoption of part or all of that model act;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that an administrative procedures task force be created for 2010; and

     BE IT FURTHER RESOLVED that the task force consist of nineteen members as follows:

          A. one member of the senate from the majority party, one member of the senate from the minority party, one member of the house of representatives from the majority party and one member of the house of representatives from the minority party, appointed by the New Mexico legislative council;

          B. the superintendent of regulation and licensing or the superintendent's designee;

          C. the secretary of taxation and revenue or the secretary's designee;

          D. the secretary of economic development or the secretary's designee;

          E. the secretary of environment or the secretary's designee;

          F. the secretary of energy, minerals and natural resources or the secretary's designee;

          G. two representatives from New Mexico boards or commissions who work on administrative procedures in either a rulemaking or adjudicatory capacity, appointed by the governor;

          H. the attorney general or the attorney general's designee;

          I. one member of the state bar of New Mexico, appointed by the state bar president;

          J. one member from the faculty of the university of New Mexico school of law, appointed by the dean of the school of law;

          K. one member representing the interests of the judicial branch, appointed by the chief justice of the New Mexico supreme court;

          L. two members representing the interests of different industries affected by regulatory proceedings, appointed by the governor; and

          M. two members representing public advocacy groups, appointed by the governor; and

     BE IT FURTHER RESOLVED that vacancies on the task force be filled by appointment of the original appointing authority; and

     BE IT FURTHER RESOLVED that the task force be chaired by the superintendent of regulation and licensing or the superintendent's designee and that the task force meet at the call of the chair but not less than three times throughout the year; and

     BE IT FURTHER RESOLVED that the task force be requested to review the current state of rulemaking and adjudicatory proceedings used by New Mexico agencies; to look at rulemaking and adjudicatory proceedings in other states; to review the Model State Administrative Procedure Act and to consider whether all or part of the proposed act should apply to some or all New Mexico agencies; to consider whether broad-based reform will enhance the consistency and predictability of regulatory processes and meet the goals necessary to serve New Mexico's people, communities, environment and businesses more efficiently and effectively; to identify strategies for improving the essential rulemaking and adjudicatory functions of state agencies in order to carry out legislative mandates effectively and efficiently; and to determine any necessary legislative action to improve administrative procedures and to develop a strategy and time frame for implementation; and

     BE IT FURTHER RESOLVED that the administrative procedures task force be requested to report its findings and recommendations before October 1, 2010 to an appropriate legislative interim committee, the legislative finance committee and the governor; and

     BE IT FURTHER RESOLVED that a written report of the task force's findings be posted for public access on the regulation and licensing department's web site; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico legislative council, the superintendent of regulation and licensing, the secretary of taxation and revenue, the secretary of economic development, the secretary of environment, the secretary of energy, minerals and natural resources, the attorney general, the state bar of New Mexico, the university of New Mexico school of law, the administrative office of the courts and the governor.

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