0001| | 0002| | 0003| HOUSE BILL 934 | 0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0005| INTRODUCED BY | 0006| GARY K. KING | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO PUBLIC REGULATION; ENACTING THE PUBLIC REGULATION | 0014| COMMISSION ACT; PROVIDING FOR POWERS AND DUTIES; TRANSFERRING | 0015| BUDGETS, FUNDS, PERSONNEL, PROPERTY, CONTRACTS, OTHER | 0016| OBLIGATIONS; IMPOSING PENALTIES; AMENDING, REPEALING AND | 0017| ENACTING SECTIONS OF THE NMSA 1978. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0021| through 13 of this act may be cited as the "Public Regulation | 0022| Commission Act". | 0023| Section 2. [NEW MATERIAL] PURPOSE OF ACT.--The purpose | 0024| of the Public Regulation Commission Act is to provide for the | 0025| manner in which the commission shall carry out its | 0001| responsibilities under Article 11 of the constitution of New | 0002| Mexico. The Public Regulation Commission Act is also designed | 0003| to ensure that all laws previously applicable to the agencies | 0004| that preceded the commission remain in full force and effect, | 0005| unless and until further amended by law. This includes | 0006| enacting into statute provisions previously included in the | 0007| constitution of New Mexico and thereby preserving case law | 0008| interpretations of those provisions. | 0009| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0010| Public Regulation Commission Act: | 0011| A. "commission" means the public regulation | 0012| commission; | 0013| B. "commissioner" means a member of the commission; | 0014| and | 0015| C. "person" means a natural person or other entity | 0016| recognized by law. | 0017| Section 4. [NEW MATERIAL] PUBLIC REGULATION | 0018| COMMISSION--CREATION.--The "public regulation commission", | 0019| consisting of five commissioners, is created as provided in | 0020| Article 11, Section 1 of the constitution of New Mexico. The | 0021| commissioners shall be elected from districts as provided in | 0022| the Public Regulation Commission Act. | 0023| Section 5. [NEW MATERIAL] COMMISSIONERS--ELECTION-- | 0024| TERMS.-- | 0025| A. Commissioners shall be elected at the general | 0001| election for staggered four-year terms, beginning on January 1 | 0002| next following their election; provided that the first election | 0003| of commissioners and the initial terms of those commissioners | 0004| shall be as provided in Subsection B of this section. | 0005| B. Five commissioners shall be elected at the first | 0006| election of commissioners in 1998. The commissioners elected | 0007| at the first election shall immediately classify themselves by | 0008| lot, so that two of the five elected shall hold office for an | 0009| initial two-year term and three for an initial four-year term. | 0010| Thereafter, all terms shall be for four years; provided that if | 0011| a vacancy occurs prior to completion of a term, the vacancy | 0012| shall be filled for the unexpired term only. | 0013| C. After serving two consecutive terms, including | 0014| the initial two-year terms of the two commissioners chosen by | 0015| lot after the first election, a commissioner is ineligible to | 0016| hold office as a commissioner until one full four-year term has | 0017| intervened. | 0018| Section 6. COMMISSIONER DISTRICTS.--One commissioner | 0019| shall be elected from each of the following districts: | 0020| A. commissioner district one shall consist of the | 0021| first and fourth state board of education districts; | 0022| B. commissioner district two shall consist of the | 0023| second and third state board of education districts; | 0024| C. commissioner district three shall consist of the | 0025| fifth and tenth state board of education districts; | 0001| D. commissioner district four shall consist of the | 0002| eighth and ninth state board of education districts; and | 0003| E. commissioner district five shall consist of the | 0004| sixth and seventh state board of education districts. | 0005| Section 7. [NEW MATERIAL] COMMISSION ORGANIZATIONAL | 0006| UNITS.--The commission's administrative structure shall consist | 0007| of the following divisions and any other organizational units | 0008| created by law or commission order, including: | 0009| A. the administrative services division; | 0010| B. the corporation department; | 0011| C. the insurance department; | 0012| D. the motor carrier division; | 0013| E. the pipeline division; | 0014| F. the office of the state fire marshal; | 0015| G. the public utility division; and | 0016| H. the telecommunications division. | 0017| Section 8. [NEW MATERIAL] COMMISSION GENERAL POWERS | 0018| AND DUTIES.-- | 0019| A. The commission shall administer and enforce the | 0020| laws with which it is charged. | 0021| B. To perform its duties, the commission has every | 0022| power expressly conferred by law. In order to effectuate its | 0023| powers and carry out its duties, the commission: | 0024| (1) may, except as otherwise provided by law, | 0025| exercise general supervisory and appointing authority over | 0001| commission employees, subject to the Personnel Act; | 0002| (2) may, delegate authority to subordinates as | 0003| the commission deems necessary and appropriate, clearly | 0004| delineating such delegated authority and its limitations; | 0005| (3) may organize the commission staff into | 0006| those organizational units that the commission deems will | 0007| enable it to function most efficiently, subject to any | 0008| provisions of law recognizing or establishing specific | 0009| organizational units; | 0010| (4) may, within the limitations of available | 0011| appropriations and except as provided otherwise by law, employ | 0012| and fix the compensation of those persons necessary to | 0013| discharge the commission's duties; | 0014| (5) may take administrative action by issuing | 0015| orders and instructions, not inconsistent with the law, to | 0016| assure implementation of and compliance with the provisions of | 0017| law for which the commission is responsible and to enforce | 0018| those orders and instructions by appropriate administrative | 0019| action and court proceedings; | 0020| (6) may conduct research and studies to | 0021| improve the commission's operations or to improve the provision | 0022| of services to the citizens of the state; | 0023| (7) may investigate any person, as necessary, | 0024| to carry out the commission's responsibilities; | 0025| (8) may provide courses of instruction and | 0001| practical training for commission employees and other persons | 0002| with the objective of improving operations and efficiency; | 0003| (9) shall prepare the commission's annual | 0004| budget; | 0005| (10) shall elect annually by majority vote a | 0006| chairperson, who shall have general administrative | 0007| responsibility for commission operations; | 0008| (11) shall give bond as provided in the Surety | 0009| Bond Act. The commission shall pay the cost of the bond; | 0010| (12) shall require faithful performance or | 0011| other fidelity bonds of such commission employees and officers | 0012| as the commission deems necessary, as provided in the Surety | 0013| Bond Act. The commission shall pay the costs of any such | 0014| bonds; | 0015| (13) may apply for and receive in the name of | 0016| the commission or the state any public or private funds, | 0017| including United States government funds, available to carry | 0018| out the commission's responsibilities, powers and duties; and | 0019| (14) may adopt such reasonable administrative, | 0020| regulatory and procedural rules and regulations as may be | 0021| necessary or appropriate to carry out its responsibilities, | 0022| powers and duties; provided that this provision does not modify | 0023| or supersede statutory authority to adopt rules and regulations | 0024| with regard to specific areas of regulation. Unless otherwise | 0025| provided by statute, no regulation affecting a person other | 0001| than the commission and its employees shall be adopted, amended | 0002| or repealed except after a public hearing before the commission | 0003| or its designated hearing officer. Notice of the subject | 0004| matter of the regulation, the action proposed to be taken, the | 0005| time and place of the hearing, the manner in which interested | 0006| persons may present their views and the method by which copies | 0007| of the proposed regulation, amendment or repealing provisions | 0008| may be obtained shall be published at least once not less than | 0009| thirty days prior to the hearing date in a newspaper of general | 0010| circulation and mailed not less than thirty days prior to the | 0011| hearing date to all persons who have made a written request for | 0012| advance notice of hearings. All rules and regulations shall be | 0013| filed in accordance with the State Rules Act. | 0014| C. A majority of the commissioners constitutes a | 0015| quorum for the transaction of any business, for the performance | 0016| of any duty or for the exercise of any power of the commission. | 0017| The act of a majority of the commissioners shall be the act of | 0018| the commission. | 0019| D. The attorney general shall advise, represent and | 0020| appear for the commission in all court proceedings. In | 0021| addition, subject to the attorney general's consent and | 0022| approval, the commission may employ or contract with competent | 0023| attorneys to advise the commission and handle in-house legal | 0024| matters and administrative proceedings. If commissioned by the | 0025| attorney general, commission attorneys may represent the | 0001| commission in court proceedings as well. | 0002| Section 9. [NEW MATERIAL] COMMISSION POWERS AND | 0003| DUTIES--CORPORATIONS AND OTHER BUSINESS ENTITIES.--With respect | 0004| to corporations and other business entities placed under the | 0005| commission's regulatory authority by law, the commission shall: | 0006| A. accept, review, approve or disapprove and | 0007| preserve all filings of documents, including articles of | 0008| incorporation, articles of organization, articles of | 0009| dissolution, amendments, annual reports and other corporate and | 0010| business entity documents as provided by law; | 0011| B. issue certificates of incorporation, corporate | 0012| charters, certificates of good standing and other certificates | 0013| and documents as the commission deems appropriate; | 0014| C. collect and deposit all fees with the state | 0015| treasurer; and | 0016| D. carry out all duties and exercise all powers | 0017| provided by law. | 0018| Section 10. [NEW MATERIAL] COMMISSION POWERS AND | 0019| DUTIES--PUBLIC UTILITIES.--With respect to public utilities, | 0020| including utilities supplying natural gas, electricity, water, | 0021| and sewer services, the commission shall carry out its duties | 0022| and exercise its powers as provided by law. | 0023| Section 11. [NEW MATERIAL] COMMISSION POWERS AND | 0024| DUTIES--TRANSPORTATION AND TRANSMISSION COMPANIES AND COMMON | 0025| CARRIERS--APPEALS.-- | 0001| A. With respect to transportation and transmission | 0002| companies and common carriers, the commission shall: | 0003| (1) fix, determine, supervise, regulate and | 0004| control all charges and rates of railway, express, telegraph, | 0005| telephone, sleeping car and other transportation and | 0006| transmission companies and common carriers within the state; | 0007| (2) determine any matters of public | 0008| convenience and necessity with respect to matters subject to | 0009| its regulatory authority as provided by law; | 0010| (3) require railway companies and other common | 0011| carriers to provide and maintain adequate equipment, depots, | 0012| stockpens, station buildings, agents and facilities for the | 0013| accommodation of shippers and passengers and for receiving and | 0014| delivering freight and express and to provide and maintain | 0015| necessary crossings, culverts, sidings and other facilities for | 0016| convenience and safety whenever in the commission's judgment | 0017| the public interest demands; | 0018| (4) require intrastate railways, | 0019| transportation companies and common carriers to provide such | 0020| reasonable safety appliances and use such reasonable safety | 0021| practices as may be necessary and proper for the safety of | 0022| employees and the public; | 0023| (5) change, amend and rescind rates; | 0024| (6) adopt, amend and rescind rules and | 0025| regulations; | 0001| (7) enforce its rules and regulations through | 0002| administrative sanctions and in the courts; and | 0003| (8) carry out all other duties and have all | 0004| other powers provided by law. | 0005| B. In fixing rates of telephone and telegraph | 0006| companies, due consideration shall be given to the earnings, | 0007| investment and expenditure as a whole within the state. The | 0008| commission shall include in that consideration the earnings, | 0009| investment and expenditures derived from or related to the sale | 0010| of directory advertising and other directory listing services. | 0011| C. No change in a rate, fare or charge shall be | 0012| collected by any telephone or telegraph company or common | 0013| carrier until the proposed change is approved by the commission | 0014| or, if subject to appeal under this section, until approved by | 0015| the supreme court except as provided otherwise in this section. | 0016| D. The commission may subpoena witnesses and | 0017| documents, enforce its subpoenas through any court and, through | 0018| the court, punish for contempt. | 0019| E. The commission has the power, after notice and | 0020| hearing of record, to determine and decide any question and to | 0021| issue orders relating to its powers and duties under this | 0022| section and Article 11, Section 2 of the constitution of New | 0023| Mexico. | 0024| F. Any interested party may appeal from an order of | 0025| the commission made pursuant to its powers and duties under | 0001| this section and Article 11, Section 2 of the constitution of | 0002| New Mexico by filing a notice of appeal with the commission not | 0003| more than thirty days after the date the order is entered. The | 0004| commission shall transfer and certify the complete record to | 0005| the supreme court, including the docket file, docketing sheet, | 0006| transcripts or tapes and exhibits, not more than thirty days | 0007| after the date the order is entered. The appellant shall pay | 0008| the costs of preparing and transmitting the record to the | 0009| commission. | 0010| G. The pendency of an appeal shall not | 0011| automatically stay the order appealed from. The appellant | 0012| shall seek to obtain a stay from the commission or the supreme | 0013| court. | 0014| H. The appeal shall be on the record of the hearing | 0015| before the commission and shall be governed by the appellate | 0016| rules applicable to administrative appeals. The supreme court | 0017| shall affirm the commission's order unless it is: | 0018| (1) arbitrary, capricious or an abuse of | 0019| discretion; | 0020| (2) not supported by substantial evidence in | 0021| the record; or | 0022| (3) otherwise not in accordance with law. | 0023| I. In the case of a failure or refusal of any | 0024| person to comply with an order of the commission within the | 0025| time prescribed in the order or within thirty days after the | 0001| order is entered, whichever is later, unless a stay has been | 0002| granted, the commission shall seek enforcement of the order in | 0003| the supreme court. The enforcement hearing shall be held on an | 0004| expedited basis. At the hearing, the sole question shall be | 0005| whether the person has failed to comply with or violated the | 0006| order. | 0007| Section 12. [NEW MATERIAL] COMMISSION POWERS AND | 0008| DUTIES--INSURANCE DIVISION AND STATE FIRE MARSHAL.--With | 0009| respect to the insurance division and the office of the state | 0010| fire marshal [division], the commission shall carry out its | 0011| duties and exercise its powers through those agencies as | 0012| provided by law. | 0013| Section 13. PUBLIC REGULATION COMMISSION--ACCEPTING OR | 0014| OFFERING ANYTHING OF VALUE--CONFLICTS OF INTEREST--PENALTY.-- | 0015| A. No commissioner, candidate for that office or | 0016| person acting on behalf of either a commissioner or candidate | 0017| shall accept anything of value from a person whose charges for | 0018| services to the public are regulated by the commission. | 0019| B. No person whose charges for services to the | 0020| public are regulated by the commission shall offer, pledge, | 0021| donate, pay, give or grant anything of value, directly or | 0022| indirectly, to a commissioner or candidate for that office or | 0023| to a person acting on behalf of a commissioner or candidate in | 0024| any capacity. The prohibition of this subsection extends to | 0025| the regulated person's officers, employees, servants and | 0001| agents. | 0002| C. No commissioner who is financially interested in | 0003| a matter pending before the commission shall act on the matter. | 0004| D. The attorney general or a district attorney may | 0005| institute a civil action in district court for enforcement of | 0006| this section. An action for relief may include a permanent or | 0007| preliminary injunction, a restraining order or any other | 0008| appropriate order, including a civil penalty of not more than | 0009| five thousand dollars ($5,000) for each violation, and | 0010| forfeiture to the state of anything of value received in | 0011| violation of the provisions of this section. Each unlawful | 0012| offer, pledge, donation, payment, gift or grant, and each | 0013| receipt of any these, shall constitute a separate violation. | 0014| E. A person who knowingly and willfully violates a | 0015| provision of this section is guilty of the following classes of | 0016| crimes, subject to the penalties provided in the Criminal | 0017| Sentencing Act for felonies and in Section 31-19-1 NMSA 1978 | 0018| for misdemeanors: | 0019| (1) where the amount is one hundred dollars | 0020| ($100) or less, a petty misdemeanor; | 0021| (2) where the amount is over one hundred | 0022| dollars ($100) but not more than two hundred fifty dollars | 0023| ($250), a misdemeanor; | 0024| (3) where the amount is over two hundred fifty | 0025| dollars ($250) but not more than two thousand five hundred | 0001| dollars ($2,500), a fourth degree felony; | 0002| (4) where the amount is over two thousand five | 0003| hundred dollars but not more than twenty thousand dollars | 0004| ($20,000), a third degree felony; and | 0005| (5) where the amount is over twenty thousand | 0006| dollars ($20,000), a second degree felony. | 0007| F. As used in this section, "anything of value" | 0008| means an aggregate value in any calendar year of more than | 0009| twenty-five dollars ($25.00). | 0010| Section 14. Section 8-1-1 NMSA 1978 (being Laws 1971, | 0011| Chapter 260, Section 1, as amended) is amended to read: | 0012| "8-1-1. COMPENSATION OF ELECTIVE STATE OFFICERS.-- | 0013| A. Annual compensation of elective state officers | 0014| shall be paid as follows: | 0015| governor. . . . . . . . . . . . . . . . . . $90,000 | 0016| secretary of state. . . . . . . . . . . . . 65,000 | 0017| state auditor . . . . . . . . . . . . . . . 65,000 | 0018| state treasurer . . . . . . . . . . . . . . 65,000 | 0019| attorney general. . . . . . . . . . . . . . 72,500 | 0020| commissioner of public lands. . . . . . . . 72,500 | 0021| [state corporation] public regulation | 0022| commissioner . . . . . . . . . . . . . . . [65,000] | 0023| 72,500. | 0024| B. Any person succeeding to the office of governor | 0025| as provided in Article 5, Section 7 of the constitution of New | 0001| Mexico shall receive the salary of the office. Every person | 0002| serving as acting governor during the incapacity or absence of | 0003| the governor from the state, other than the secretary of state, | 0004| shall receive one hundred fifty dollars ($150) as compensation | 0005| for each day's service as acting governor. | 0006| C. All compensation under this section shall be | 0007| paid from the general fund, except that the amount paid to the | 0008| commissioner of public lands shall be paid from the state | 0009| [land office] lands maintenance fund." | 0010| Section 15. Section 53-8-2 NMSA 1978 (being Laws 1975, | 0011| Chapter 217, Section 2, as amended) is amended to read: | 0012| "53-8-2. DEFINITIONS.--As used in the Nonprofit | 0013| Corporation Act, unless the context otherwise requires, the | 0014| term: | 0015| A. "corporation" or "domestic corporation" means a | 0016| nonprofit corporation subject to the provisions of the | 0017| Nonprofit Corporation Act, except a foreign corporation; | 0018| B. "foreign corporation" means a nonprofit | 0019| corporation organized under laws other than the laws of New | 0020| Mexico for a purpose [or purposes] for which a corporation | 0021| may be organized under the Nonprofit Corporation Act; | 0022| C. "nonprofit corporation" means a corporation, no | 0023| part of the income or profit of which is distributable to its | 0024| members, directors or officers; | 0025| D. "articles of incorporation" means the original | 0001| or restated articles of incorporation or articles of | 0002| consolidation and all amendments thereto, including articles of | 0003| merger; | 0004| E. "bylaws" means the code [or codes] of rules | 0005| adopted for the regulation or management of the affairs of the | 0006| corporation, irrespective of the name [or names] by which | 0007| such rules are designated; | 0008| F. "member" means one having membership rights in a | 0009| corporation in accordance with the provisions of its articles | 0010| of incorporation or bylaws; | 0011| G. "board of directors" means the group of persons | 0012| vested with the management of the affairs of the corporation, | 0013| irrespective of the name by which such group is designated; | 0014| H. "insolvent" means inability of a corporation to | 0015| pay its debts as they become due in the usual course of its | 0016| affairs; | 0017| I. "commission" or "corporation commission" means | 0018| the [state corporation] public regulation commission or its | 0019| delegate; | 0020| J. "address" means: | 0021| (1) the mailing address and the street | 0022| address, if within a municipality; or | 0023| (2) the mailing address and a rural route | 0024| number and box number, if any, or the geographical location, | 0025| using well-known landmarks, if outside a municipality; | 0001| K. "duplicate original" means a document [which] | 0002| that is signed or executed in duplicate; | 0003| L. "delivery" means: | 0004| (1) if personally served, the date | 0005| documentation is received by the commission's corporation | 0006| department; and | 0007| (2) if mailed to the commission, the date of | 0008| the postmark plus three days, upon proof thereof by the party | 0009| delivering the documentation; and | 0010| M. "person" includes individuals, partnerships, | 0011| corporations and other associations." | 0012| Section 16. Section 53-11-2 NMSA 1978 (being Laws 1967, | 0013| Chapter 81, Section 2, as amended) is amended to read: | 0014| "53-11-2. DEFINITIONS.--As used in the Business | 0015| Corporation Act, unless the text otherwise requires: | 0016| A. "corporation" or "domestic corporation" means a | 0017| corporation for profit subject to the provisions of the | 0018| Business Corporation Act, except a foreign corporation; | 0019| B. "foreign corporation" means a corporation for | 0020| profit organized under laws other than the laws of this state | 0021| for a purpose [or purposes] for which a corporation may be | 0022| organized under the Business Corporation Act; | 0023| C. "articles of incorporation" means the original | 0024| or restated articles of incorporation or articles of | 0025| consolidation and all amendments thereto, including articles of | 0001| merger; | 0002| D. "shares" means the units into which the | 0003| proprietary interests in a corporation are divided; | 0004| E. "subscriber" means one who subscribes for shares | 0005| in a corporation, whether before or after incorporation; | 0006| F. "shareholder" means one who is a holder of | 0007| record of shares in a corporation; | 0008| G. "authorized shares" means the shares of all | 0009| classes [which] that the corporation is authorized to | 0010| issue; | 0011| H. "annual report" means the corporate report | 0012| required by the Corporate Reports Act; | 0013| I. "distribution" means a direct or indirect | 0014| transfer of money or other property (except its own shares) or | 0015| incurrence of indebtedness, by a corporation to or for the | 0016| benefit of any of its shareholders in respect of any of its | 0017| shares, whether by dividend or by purchase redemption or other | 0018| acquisition of its shares, or otherwise; | 0019| J. "franchise tax" means the franchise tax imposed | 0020| by the Corporate Income and Franchise Tax Act; | 0021| K. "fees" means the fees imposed by Section 53-2-1 | 0022| NMSA 1978; | 0023| L. "commission" means the [state corporation] | 0024| public regulation commission or its delegate; | 0025| M. "address" means: | 0001| (1) the mailing address and the street | 0002| address, if within a municipality; or | 0003| (2) the mailing address and a rural route | 0004| number and box number, if any, or the geographical location, | 0005| using well-known landmarks, if outside a municipality; | 0006| N. "duplicate original" means a document [which] | 0007| that is signed or executed in duplicate; | 0008| O. "delivery" means: | 0009| (1) if personally served, the date on which | 0010| the documentation is received by the commission's corporation | 0011| department; and | 0012| (2) if mailed, the date of the postmark plus | 0013| three days, upon proof thereof by the party delivering the | 0014| documentation; and | 0015| P. "person" includes individuals, partnerships, | 0016| corporations and other associations." | 0017| Section 17. Section 53-19-2 NMSA 1978 (being Laws 1993, | 0018| Chapter 280, Section 2) is amended to read: | 0019| "53-19-2. DEFINITIONS.--As used in the Limited Liability | 0020| Company Act: | 0021| A. "articles of organization" means the original or | 0022| restated articles filed pursuant to the Limited Liability | 0023| Company Act and any amendments to those articles, including | 0024| articles of merger or consolidation; | 0025| B. "corporation" means an organization incorporated | 0001| under the laws of New Mexico or a foreign corporation; | 0002| C. "commission" means the [state corporation] | 0003| public regulation commission or its designee; | 0004| D. "court" means a court having jurisdiction in the | 0005| case; | 0006| E. "event of dissociation" means an event that | 0007| causes a person to cease to be a member of a limited liability | 0008| company; | 0009| F. "foreign corporation" means a corporation that | 0010| is organized under the laws of another state or a foreign | 0011| country; | 0012| G. "foreign limited liability company" means an | 0013| entity that is: | 0014| (1) an unincorporated association; | 0015| (2) organized under the laws of another state | 0016| or foreign country; | 0017| (3) organized under a statute pursuant to | 0018| which an association may be formed that affords to each of its | 0019| members limited liability with respect to the liabilities of | 0020| the entity; and | 0021| (4) is not required to be registered or | 0022| organized under the laws of New Mexico other than the Limited | 0023| Liability Company Act; | 0024| H. "foreign limited partnership" means a limited | 0025| partnership formed under the laws of another state or a foreign | 0001| country; | 0002| I. "limited liability company" or "domestic limited | 0003| liability company" means an organization formed pursuant to the | 0004| provisions of the Limited Liability Company Act; | 0005| J. "limited liability company interest" means a | 0006| member's or assignee's right to receive distributions and a | 0007| return of capital from the limited liability company. A | 0008| member's or assignee's limited liability company interest does | 0009| not include rights the member or assignee has on account of | 0010| other matters, such as a right to receive accrued salary for | 0011| services the member or assignee rendered to, repayment of a | 0012| loan the member or assignee made to or indemnification by the | 0013| limited liability company; | 0014| K. "limited partnership" means a limited | 0015| partnership under the laws of New Mexico or a foreign limited | 0016| partnership; | 0017| L. "manager" means, with respect to a limited | 0018| liability company that has included a statement in its articles | 0019| of organization that it is to be managed by a manager [or | 0020| managers], the person [or persons] designated as | 0021| [managers] manager in accordance with the articles of | 0022| organization or an operating agreement; | 0023| M. "member" means a person who has been admitted to | 0024| membership in a limited liability company and who has not | 0025| dissociated from that company; | 0001| N. "membership interest" or "interest" means a | 0002| member's limited liability company interest and his rights to | 0003| participate in management and control of the limited liability | 0004| company; | 0005| O. "operating agreement" means a written agreement | 0006| providing for the conduct of the business and affairs of a | 0007| limited liability company and that agreement as amended in | 0008| writing; | 0009| P. "person" means an individual, a general | 0010| partnership, a limited partnership, a domestic or foreign | 0011| limited liability company, a trust, an estate, an association, | 0012| a corporation or any other legal entity; and | 0013| Q. "state" means a state, territory or possession | 0014| of the United States, the District of Columbia or the | 0015| commonwealth of Puerto Rico." | 0016| Section 18. Section 59A-1-4 NMSA 1978 (being Laws 1984, | 0017| Chapter 127, Section 4) is amended to read: | 0018| "59A-1-4. "CORPORATION COMMISSION" OR "PUBLIC REGULATION | 0019| COMMISSION".--"Corporation commission" or "public regulation | 0020| commission" means the [state corporation] public | 0021| regulation commission [of New Mexico]." | 0022| Section 19. Section 62-3-3 NMSA 1978 (being Laws 1967, | 0023| Chapter 96, Section 3, as amended) is amended to read: | 0024| "62-3-3. DEFINITIONS, WORDS AND PHRASES.--Unless | 0025| otherwise specified, when used in the Public Utility Act: | 0001| A. "affiliated interest" means a person who | 0002| directly or indirectly, through one or more intermediaries, | 0003| controls or is controlled by or is under common control with a | 0004| public utility. Control includes instances where a person is | 0005| an officer, director, partner, trustee or person of similar | 0006| status or function or who owns directly or indirectly or has a | 0007| beneficial interest in ten percent or more of any class of | 0008| securities of a person; | 0009| B. "commission" means the [New Mexico public | 0010| utility] public regulation commission; | 0011| C. "commissioners" means any member of the | 0012| commission; | 0013| D. "municipality" means any municipal corporation | 0014| organized under the laws of the state and H class counties; | 0015| E. "person" means individuals, firms, partnerships, | 0016| companies, rural electric cooperatives organized under Laws | 0017| 1937, Chapter 100 or the Rural Electric Cooperative Act, as | 0018| amended, corporations and lessees, trustees or receivers | 0019| appointed by any court. It shall not mean any class A county | 0020| as described by Section 4-36-10 NMSA 1978 or any class B county | 0021| as described by Section 4-36-8 NMSA 1978. It shall not mean | 0022| any municipality as defined in this section unless the | 0023| municipality has elected to come within the terms of the Public | 0024| Utility Act as provided in Section 62-6-5 NMSA 1978. In the | 0025| absence of [such] voluntary election by [any] a | 0001| municipality to come within the provisions of the Public | 0002| Utility Act, the municipality shall be expressly excluded from | 0003| the operation of that act and from the operation of all of its | 0004| provisions, and no such municipality shall for any purpose be | 0005| considered a public utility; | 0006| F. "securities" means stock, stock certificates, | 0007| bonds, notes, debentures, mortgages or deeds of trust or other | 0008| evidences of indebtedness issued, executed or assumed by any | 0009| utility; | 0010| G. "public utility" or "utility" means every person | 0011| not engaged solely in interstate business and, except as stated | 0012| in Sections 62-3-4 and 62-3-4.1 NMSA 1978, that [now does or | 0013| hereafter] may own, operate, lease or control: | 0014| (1) any plant, property or facility for the | 0015| generation, transmission or distribution, sale or furnishing to | 0016| or for the public of electricity for light, heat or power or | 0017| other uses; | 0018| (2) any plant, property or facility for the | 0019| manufacture, storage, distribution, sale or furnishing to or | 0020| for the public of natural or manufactured gas or mixed or | 0021| liquefied petroleum gas, for light, heat or power or for other | 0022| uses; but the term "public utility" or "utility" shall not | 0023| include any plant, property or facility used for or in | 0024| connection with the business of the manufacture, storage, | 0025| distribution, sale or furnishing of liquefied petroleum gas in | 0001| enclosed containers or tank truck for use by others than | 0002| consumers who receive their supply through any pipeline system | 0003| operating under municipal authority or franchise and | 0004| distributing to the public; | 0005| (3) any plant, property or facility for the | 0006| supplying, storage, distribution or furnishing to or for the | 0007| public of water for manufacturing, municipal, domestic or other | 0008| uses; provided, however, nothing contained in this paragraph | 0009| shall be construed to apply to irrigation systems, the chief or | 0010| principal business of which is to supply water for the purpose | 0011| of irrigation; | 0012| (4) any plant, property or facility for the | 0013| production, transmission, conveyance, delivery or furnishing to | 0014| or for the public of steam for heat or power or other uses; or | 0015| (5) any plant, property or facility for the | 0016| supplying and furnishing to or for the public of sanitary | 0017| sewers for transmission and disposal of sewage produced by | 0018| manufacturing, municipal, domestic or other uses; provided that | 0019| the terms "public utility" or "utility" as used in the Public | 0020| Utility Act do not include any utility owned or operated by any | 0021| class A county as described in Section 4-36-10 NMSA 1978 either | 0022| directly or through a corporation owned by or under contract | 0023| with such a county; | 0024| H. "rate" means every rate, tariff, charge or other | 0025| compensation for utility service rendered or to be rendered by | 0001| any utility and every rule, regulation, practice, act, | 0002| requirement or privilege in any way relating to such rate, | 0003| tariff, charge or other compensation and any schedule or tariff | 0004| or part of a schedule or tariff thereof; | 0005| I. "service" or "service regulation" means every | 0006| rule, regulation, practice, act or requirement in any way | 0007| relating to the service or facility of a utility; | 0008| J. "Class I transaction" means the sale, lease or | 0009| provision of real property, water rights or other goods or | 0010| services by an affiliated interest to any public utility with | 0011| which it is affiliated or by a public utility to its affiliated | 0012| interest; | 0013| K. "Class II transaction" means: | 0014| (1) the formation after May 19, 1982 of a | 0015| corporate subsidiary by a public utility or a public utility | 0016| holding company by a public utility or its affiliated interest; | 0017| (2) the direct acquisition of the voting | 0018| securities or other direct ownership interests of a person by a | 0019| public utility if such acquisition would make the | 0020| utility the owner of ten percent or more of the voting | 0021| securities or other direct ownership interests of that person; | 0022| (3) the agreement by a public utility to | 0023| purchase securities or other ownership interest of a person | 0024| other than a nonprofit corporation, contribute additional | 0025| equity to, acquire additional equity interest in or pay or | 0001| guarantee any bonds, notes, debentures, deeds of trust or other | 0002| evidence of indebtedness of any such person; provided, however, | 0003| that a public utility may honor all agreements entered into by | 0004| such utility prior to May 19, 1982; or | 0005| (4) the divestiture by a public utility of any | 0006| affiliated interest that is a corporate subsidiary of the | 0007| public utility; | 0008| L. "corporate subsidiary" means any person ten | 0009| percent or more of whose voting securities or other ownership | 0010| interests are directly owned by a public utility; and | 0011| M. "public utility holding company" means an | 0012| affiliated interest that controls a public utility through the | 0013| direct or indirect ownership of voting securities of such | 0014| public utility." | 0015| Section 20. Section 59A-13-2 NMSA 1978 (being Laws 1984, | 0016| Chapter 127, Section 230, as amended) is amended to read: | 0017| "59A-13-2. DEFINITIONS.-- | 0018| A. For the purposes of the Insurance Code: | 0019| (1) "adjuster" is any person: | 0020| (a) who or which investigates, | 0021| negotiates, settles or adjusts losses or claims arising under | 0022| insurance contracts on behalf of an insurer, insured or self- | 0023| insurer, for fee, commission or other compensation; however, an | 0024| adjuster acting on behalf of an insured shall not investigate, | 0025| negotiate, settle or adjust any claims involving personal | 0001| injury to the insured; and | 0002| (b) who [shall advise] advises the | 0003| insured of his rights to settlement and his rights to settle, | 0004| arbitrate and litigate the dispute; | 0005| (2) "staff adjuster" is an adjuster individual | 0006| who is a salaried employee of an insurer, representing and | 0007| adjusting claims solely under policies of the employer insurer; | 0008| and | 0009| (3) "independent adjuster" is every adjuster | 0010| not a staff adjuster and includes representatives and employees | 0011| of such an independent adjuster. | 0012| B. Except as provided hereafter, "adjuster" does | 0013| not include: | 0014| (1) an attorney-at-law who adjusts insurance | 0015| losses or claims from time to time incidental to practice of | 0016| law and who does not advertise or represent himself to be an | 0017| adjuster; | 0018| (2) a licensed agent or general agent of an | 0019| authorized insurer, or an employee of such an agent or general | 0020| agent, who adjusts claims or losses under specific authority | 0021| from such insurer and solely under policies issued by such | 0022| insurer; | 0023| (3) an agent or employee of a life or health | 0024| insurer who adjusts claims or losses under such insurer's | 0025| policies; or | 0001| (4) salaried or part-time claims agents or | 0002| investigators employed by self-insured persons subject to | 0003| regulation pursuant to Section [7, Article ll of the | 0004| constitution of New Mexico] 11 of the Public Regulation | 0005| Commission Act." | 0006| Section 21. Section 62-3-4 NMSA 1978 (being Laws 1967, | 0007| Chapter 96, Section 4, as amended) is amended to read: | 0008| "62-3-4. LIMITATIONS AND EXCEPTIONS.--The term "public | 0009| utility" or "utility", when used in the Public Utility Act, as | 0010| amended, shall not include: | 0011| A. any person not otherwise a public utility who | 0012| furnishes the service or commodity only to himself, his | 0013| employees or tenants, when such service or commodity is not | 0014| resold to or used by others, or who engages in the retail | 0015| distribution of natural gas for vehicular fuel; or | 0016| B. a corporation engaged in the business of | 0017| operating a railroad and that does not primarily engage in the | 0018| business of selling the service or commodity but that only | 0019| incidentally to its railroad business or occasionally furnishes | 0020| the service or commodity to another under a separate limited or | 0021| revocable agreement or sells to a utility or municipality for | 0022| resale, or that sells the service or commodity to another | 0023| railroad, the state or federal government or a governmental | 0024| agency, or that sells or gives for a consideration under | 0025| revocable agreements or permits quantities of water out of any | 0001| surplus of water supply acquired and held by it primarily for | 0002| railroad purposes; and such railroad corporation shall not be | 0003| subject to any of the provisions of the Public Utility Act. | 0004| The business of any public utility other than of the | 0005| character defined in Subsection G of Section 62-3-3 NMSA 1978 | 0006| is not subject to provisions of the Public Utility Act, as | 0007| amended. [Nothing contained in that act shall be construed as | 0008| giving to the commission any powers or jurisdiction over public | 0009| utilities covered by Section 7 of Article 11 of the | 0010| constitution of New Mexico.]" | 0011| Section 22. Section 63-7-1 NMSA 1978 (being Laws 1912, | 0012| Chapter 78, Section 1, as amended) is amended to read: | 0013| "63-7-1. PUBLIC REGULATION COMMISSION--TERMS DEFINED-- | 0014| OFFICE--ORGANIZATION.--[SEC. 59.] As used in Chapter 63, | 0015| Article 7 NMSA 1978, the terms "commission" and "clerk" | 0016| [where used in this article shall] mean [respectively, the | 0017| state corporation commission and the clerk thereof. The office | 0018| of the commission shall be located in the city of Santa Fe, New | 0019| Mexico. The commission shall annually elect one of its members | 0020| chairman, who shall preside at hearings, and, in the absence of | 0021| the chairman, it may appoint any other member to preside] the | 0022| public regulation commission." | 0023| Section 23. Section 63-7-20 NMSA 1978 (being Laws 1951, | 0024| Chapter 194, Section 1, as amended) is amended to read: | 0025| "63-7-20. UTILITY AND CARRIER INSPECTION--FEE.--Each | 0001| utility and carrier doing business in this state [which] | 0002| that is subject to the control and jurisdiction of the | 0003| commission by virtue of the provisions of Article 11 of the | 0004| constitution of New Mexico and Section 11 of the Public | 0005| Regulation Commission Act with respect to its rates and | 0006| service shall pay annually to the commission a fee in | 0007| performance of its duties as now provided by law. The fee for | 0008| carriers shall not exceed one-fourth of one percent of its | 0009| gross receipts from business transacted in New Mexico for the | 0010| preceding calendar year. The fee for utilities shall not | 0011| exceed one-half of one percent of its gross receipts from | 0012| business transacted in New Mexico for the preceding calendar | 0013| year. This sum shall be payable annually on or before January | 0014| 20 or in equal quarterly installments on or before January 20, | 0015| April 20, July 20 and October 20 in each year. No similar fee | 0016| shall be imposed upon the utility or carrier. In the case of | 0017| utilities or carriers engaged in interstate business, the fees | 0018| shall be measured by the gross receipts of the utilities or | 0019| carriers from intrastate business only for the preceding | 0020| calendar year and not in any respect upon receipts derived | 0021| wholly or in part from interstate business. As used in this | 0022| section, "utility" includes telephone companies and | 0023| transmission companies." | 0024| Section 24. Section 63-7-23 NMSA 1978 (being Laws 1995, | 0025| Chapter 175, Section 1) is amended to read: | 0001| "63-7-23. TELECOMMUNICATIONS--ADMINISTRATIVE FINES.-- | 0002| A. For purposes of this section: | 0003| (1) "commission" means the [state | 0004| corporation] public regulation commission; and | 0005| (2) "telecommunications provider" means any | 0006| telegraph company, telephone company, transmission company, | 0007| telecommunications common carrier, telecommunications company, | 0008| cellular service company or pay telephone provider regulated in | 0009| whole or in part by the commission under law, including but not | 0010| limited to Article 11 of the constitution of New Mexico, | 0011| Section 11 of the Public Regulation Commission Act, the | 0012| Telephone and Telegraph Company Certification Act, the New | 0013| Mexico Telecommunications Act, the Cellular Telephone Services | 0014| Act and Sections 63-9E-1 and 63-9E-3 NMSA 1978. | 0015| B. The commission may impose an administrative fine | 0016| on a telecommunications provider for any act or omission that | 0017| the provider knew or should have known was a violation | 0018| of any applicable law or rule or order of the commission. | 0019| C. An administrative fine of not more than one | 0020| thousand dollars ($1,000) may be imposed for each violation or | 0021| each of multiple violations arising out of the same facts, up | 0022| to a maximum of twenty-five thousand dollars ($25,000), or an | 0023| administrative fine of not more than one thousand dollars | 0024| ($1,000) may be imposed for each day of a continuing violation | 0025| or violations arising out of the same facts, up to a maximum of | 0001| twenty-five thousand dollars ($25,000). Notwithstanding any | 0002| other provision of this subsection, the commission may impose | 0003| an administrative fine not to exceed twenty-five thousand | 0004| dollars ($25,000) for a single violation: | 0005| (1) that results in substantial harm to the | 0006| customers of the telecommunications provider or substantial | 0007| harm to the public interest; or | 0008| (2) for failure to obtain a certificate of | 0009| public convenience and necessity required by law or for | 0010| operation outside the scope of any such certificate. | 0011| D. The commission shall initiate a proceeding to | 0012| impose an administrative fine by giving written notice to the | 0013| provider that the commission has facts as set forth in the | 0014| notice that, if not rebutted, may lead to the imposition of an | 0015| administrative fine under this section and that the | 0016| telecommunications provider has an opportunity for a hearing. | 0017| The commission may only impose an administrative fine by | 0018| written order that, in the case of contested proceedings, shall | 0019| be supported by a preponderance of the evidence. | 0020| E. The commission may initiate a proceeding to | 0021| impose an administrative fine within two years from the date of | 0022| the commission's discovery of the violation, but in no event | 0023| shall a proceeding be initiated more than five years after the | 0024| date of the violation. This limitation shall not run against | 0025| any act or omission constituting a violation under this section | 0001| for any period during which the telecommunications provider has | 0002| fraudulently concealed the violation. | 0003| F. The commission shall consider mitigating and | 0004| aggravating circumstances in determining the amount of | 0005| administrative fine imposed. | 0006| G. For purposes of establishing a violation, the | 0007| act or omission of any officer, agent or employee of a | 0008| telecommunications provider, within the scope of such person's | 0009| authority, duties or employment, shall be deemed the act or | 0010| omission of the telecommunications provider. | 0011| H. Any telecommunications provider or other person | 0012| aggrieved by an order assessing an administrative fine may | 0013| [remove] appeal the order to the supreme court of New | 0014| Mexico as authorized by the provisions of [Article 11, Section | 0015| 7 of the constitution of New Mexico] Section 11 of the Public | 0016| Regulation Commission Act. [Any telecommunications provider | 0017| or other person aggrieved by an order assessing an | 0018| administrative fine that is not removable to the supreme court | 0019| of New Mexico under the provisions of Article 11, Section 7 of | 0020| the constitution of New Mexico may file a notice of appeal in | 0021| the supreme court of New Mexico asking for a review of the | 0022| commission's order therein.] A notice of appeal shall be | 0023| filed within thirty days after the entry of the commission's | 0024| order. Notice of appeal shall name the commission as appellee | 0025| and shall identify the order from which the appeal is taken. | 0001| I. The commission shall promulgate procedural rules | 0002| and regulations for the implementation of this section." | 0003| Section 25. Section 63-8-1 NMSA 1978 (being Laws 1955, | 0004| Chapter 43, Section 1, as amended) is amended to read: | 0005| "63-8-1. DUTIES OF THE COMMISSION.--For the purpose of | 0006| protecting the health and safety of employees of railroads, the | 0007| [state corporation] public regulation commission, | 0008| hereinafter called the "commission", shall prescribe standards | 0009| of safety and safety devices requiring: | 0010| A. the installation and maintenance by railroads of | 0011| electric marker warning lights or a single electric marker | 0012| warning light on the rear of all trains, with sufficient candle | 0013| power to be visible at a distance of three thousand feet under | 0014| ordinary atmospheric conditions; and | 0015| B. the installation and maintenance by railroads of | 0016| adequate electrical lighting within cabooses for clerical | 0017| work." | 0018| Section 26. Section 63-9-2 NMSA 1978 (being Laws 1965, | 0019| Chapter 292, Section 2, as amended) is amended to read: | 0020| "63-9-2. DEFINITIONS.--As used in the Telephone and | 0021| Telegraph Company Certification Act: | 0022| A. "commission" means the [state corporation] | 0023| public regulation commission; | 0024| B. "telephone company" means a company, | 0025| corporation, partnership, individual or others, not engaged | 0001| solely in interstate business, furnishing mobile telephone | 0002| service or radio paging; | 0003| C. "public utility telephone service" means making | 0004| and offering mobile telephone or radio paging service to or for | 0005| the public generally and being ready, willing and able to | 0006| furnish such service with adequate equipment; and | 0007| D. "certificated area" means the geographical area | 0008| [which] that a telephone company is authorized to serve by | 0009| a certificate of public convenience and necessity and [which] | 0010| that is defined on the map as part of the certificate." | 0011| Section 27. Section 63-9-6 NMSA 1978 (being Laws 1965, | 0012| Chapter 292, Section 6) is amended to read: | 0013| "63-9-6. ISSUANCE OF CERTIFICATE--TERRITORY ON MAP.-- | 0014| A. After conclusion of a hearing on an application | 0015| for a certificate of convenience and necessity, the commission | 0016| shall make and file an order containing its findings of fact | 0017| and decision. The order shall become operative twenty days | 0018| after issuance, except as the commission may otherwise provide. | 0019| B. [The commission shall grant all certificates as | 0020| required by Section 4 of this act. | 0021| C. As to all applications other than those based | 0022| upon Section 4 of this act] The commission has the power, | 0023| after having determined public convenience and necessity, to | 0024| grant a certificate as applied for or to refuse to grant it or | 0025| to grant it for the construction or operation of only a portion | 0001| of the contemplated plant or system or extension [thereof] or | 0002| for the partial exercise only of the rights and privilege | 0003| sought and may attach to the exercise of the rights and | 0004| privilege granted by a certificate such terms and conditions as | 0005| in its judgment the public convenience and necessity may re- | 0006| | 0007| quire. | 0008| [D.] C. The geographical field or area that a | 0009| telephone company is authorized and required to serve by a | 0010| certificate shall be defined on a map which [will] shall be | 0011| part of the certificate. The commission shall prescribe the | 0012| form of the map to be used." | 0013| Section 28. Section 63-9-9 NMSA 1978 (being Laws 1965, | 0014| Chapter 292, Section 9) is amended to read: | 0015| "63-9-9. NONDUPLICATION IN CERTIFICATED AREAS.-- | 0016| A. It shall [hereafter] be unlawful to construct, | 0017| own, operate, manage, lease or control any plant or equipment | 0018| for the furnishing of telephone or telegraph service | 0019| contemplated by Article [XI] 11, Section [7] 2 of the | 0020| constitution of New Mexico, the Public Regulation Commission | 0021| Act and this [act] article, in any certificated area | 0022| granted to another telephone company unless public convenience | 0023| and necessity [shall require such] requires the second | 0024| plant or equipment. | 0025| B. Any person, corporation, municipal corporation, | 0001| partnership or association proposing to construct or operate | 0002| [such] the second plant or equipment shall first file an | 0003| application with the commission, to which application the | 0004| authority proposing to authorize the construction of [such] | 0005| the second plant or equipment and the owner, manager or | 0006| operator of the plant or equipment then in operation shall be | 0007| made parties. The applications shall set up the reasons why | 0008| public convenience and necessity require [such] the second | 0009| plant or equipment. In determining whether the public | 0010| convenience and necessity require [such] the second plant | 0011| or equipment, the commission shall consider and determine upon | 0012| substantial evidence whether the following conditions existed | 0013| at the time of the filing of [said] the application: | 0014| (1) the existing telephone or telegraph | 0015| service is inadequate to meet the reasonable needs and | 0016| convenience of the public; | 0017| (2) the proposed second plant or equipment | 0018| would eliminate such inadequacy; | 0019| (3) it is economically feasible to operate the | 0020| proposed second plant or equipment successfully and | 0021| continuously for the furnishing of telephone or telegraph | 0022| service; | 0023| (4) the applicant for [said] the second | 0024| plant or equipment has sufficient financial resources to | 0025| provide the proposed telephone or telegraph service properly | 0001| and continuously; | 0002| (5) the applicant for [said] the second | 0003| plant or equipment has competent and experienced management and | 0004| personnel to provide the proposed telephone or telegraph | 0005| service; | 0006| (6) the applicant for [said] the second | 0007| plant or equipment is willing and able to conform to the | 0008| constitution and law of [the state of] New Mexico and the | 0009| rules and regulations of the commission; and | 0010| (7) the applicant for [said] the second | 0011| plant or equipment is in every respect willing and able to | 0012| provide the proposed telephone or telegraph service properly. | 0013| C. If the commission [shall find] finds upon | 0014| substantial evidence that each of the [foregoing] conditions | 0015| enumerated in Paragraphs (1) through (7) of Subsection B of | 0016| this section existed at the time of filing [said] the ap- | 0017| | 0018| plication and after determining that the public convenience and | 0019| necessity require that additional plant or equipment is | 0020| necessary, the commission shall issue an order in the | 0021| alternative directing the owner, manager or operator of the | 0022| plant or equipment then in operation to make such changes and | 0023| additions in plant as may be reasonably necessary to meet the | 0024| public convenience and necessity within not less than ninety | 0025| days or such other additional time as the commission finds from | 0001| the testimony would be reasonably required to expeditiously | 0002| make the changes and additions specified and required by the | 0003| commission. [Such] The order shall specifically direct | 0004| what changes or additions in plant shall be made or what | 0005| services shall be provided. If such changes or additions are | 0006| not made within the time ordered by the commission or such | 0007| additional time as may be ordered, then a certificate of public | 0008| convenience and necessity for such second plant or equipment | 0009| may issue." | 0010| Section 29. Section 63-9-13 NMSA 1978 (being Laws 1965, | 0011| Chapter 292, Section 13) is amended to read: | 0012| "63-9-13. ACTION TO SET ASIDE [NONREMOVABLE] CERTAIN | 0013| ORDERS OF THE COMMISSION.-- | 0014| A. Any telephone company and any other person in | 0015| interest being aggrieved by an order or determination of the | 0016| commission in connection with the issuance or nonissuance of a | 0017| certificate of public convenience and necessity not | 0018| [removable] appealable to the supreme court of New Mexico | 0019| under the provisions of [Article XI, Section 7 of the | 0020| constitution of New Mexico] Section 11 of the Public | 0021| Regulation Commission Act may commence an action in the | 0022| district court for Santa Fe county against the commission as | 0023| defendant to set aside the order or determination. | 0024| B. If after review of the record made before the | 0025| commission the district court finds an order or determination | 0001| arbitrary, capricious, unsupported by substantial evidence or | 0002| unlawful, it can set [it] the order or determination aside | 0003| and may grant relief by injunction, mandamus or other extra- | 0004| | 0005| ordinary remedy. | 0006| C. In any action [hereunder] pursuant to this | 0007| section, the complaint shall be served with the summons. The | 0008| answer of the commission to the complaint shall be served and | 0009| filed within [twenty] thirty days after service of the | 0010| complaint, whereupon [said] the action shall be at issue | 0011| without further pleading and stand ready for trial upon ten | 0012| days' notice. | 0013| D. Any person not a party to the action but having | 0014| an interest in the subject [thereof] may be made a party upon | 0015| order of the court. | 0016| E. All such actions shall have precedence over any | 0017| civil cause of a different nature, and the district court shall | 0018| always be deemed open for the trial [thereof] of such | 0019| actions." | 0020| Section 30. Section 63-9-14 NMSA 1978 (being Laws 1965, | 0021| Chapter 292, Section 14) is amended to read: | 0022| "63-9-14. TIME LIMIT FOR SEEKING RECOURSE IN THE COURTS.- | 0023| -Every action to vacate or set aside any determination or order | 0024| of the commission or to enjoin the enforcement [thereof] or | 0025| to prevent [such] the order or determination from becoming | 0001| effective shall be commenced and every appeal [removal] or | 0002| right of recourse to the courts shall be taken or exercised | 0003| within [ninety] thirty days after the entry or rendition of | 0004| the order or determination. The right to commence any such | 0005| action or to take or exercise any appeal or right of recourse | 0006| to the courts shall terminate absolutely at the end of the | 0007| [ninety] thirty days." | 0008| Section 31. Section 63-9-16 NMSA 1978 (being Laws 1965, | 0009| Chapter 292, Section 16) is amended to read: | 0010| "63-9-16. APPEAL TO SUPREME COURT.--Any party to an | 0011| action to set aside a [nonremovable] commission order or | 0012| determination not subject to appeal under the provisions of | 0013| Section 11 of the Public Regulation Commission Act may appeal | 0014| within [sixty days after service of a copy] thirty days | 0015| after entry of the order or judgment of the district court | 0016| [may appeal] to the supreme court and the cause shall be | 0017| placed on the calendar of the then pending term and shall be | 0018| assigned and brought to a hearing in the same manner as other | 0019| causes on the calendar." | 0020| Section 32. Section 63-9-19 NMSA 1978 (being Laws 1965, | 0021| Chapter 292, Section 19) is amended to read: | 0022| "63-9-19. INJUNCTIONS--CONTEMPT.--In any matter not | 0023| [removable] appealable to the supreme court of New Mexico | 0024| under the provisions of [Article XI, Section 7 of the | 0025| constitution of New Mexico] Section 11 of the Public | 0001| Regulation Commission Act, the commission may apply to courts | 0002| having jurisdiction for injunctions to prevent violations of | 0003| any provision of [this] the Telephone and Telegraph Company | 0004| Certification Act or of any rule or order of the commission in | 0005| connection with the issuance or nonissuance of certificates of | 0006| public [necessity and] convenience and necessity pursuant | 0007| to [this] that act. [and] Such courts shall have power | 0008| to grant such injunctions and to enforce [such injunctions] | 0009| them by contempt procedure." | 0010| Section 33. Section 63-9A-3 NMSA 1978 (being Laws 1985, | 0011| Chapter 242, Section 3, as amended) is amended to read: | 0012| "63-9A-3. DEFINITIONS.--As used in the New Mexico | 0013| Telecommunications Act: | 0014| A. "affordable rates" means local exchange service | 0015| rates that promote universal service within a local exchange | 0016| service area, giving consideration to the economic conditions | 0017| and costs to provide service in such area; | 0018| B. "cable television service" means the one-way | 0019| transmission to subscribers of video programming or other | 0020| programming service and subscriber interaction, if any, | 0021| [which] that is required for the selection of such video | 0022| programming or other programming service; | 0023| C. "commission" means the [state corporation] | 0024| public regulation commission; | 0025| D. "competitive telecommunications service" means a | 0001| service [which] that has been determined to be subject to | 0002| effective competition pursuant to Section 63-9A-8 NMSA 1978; | 0003| E. "effective competition" means that the customers | 0004| of the service have reasonably available and comparable | 0005| alternatives to the service; | 0006| F. "fund" means the New Mexico universal service | 0007| fund; | 0008| G. "local exchange area" means a geographic area | 0009| encompassing one or more local communities, as described in | 0010| maps, tariffs or rate schedules filed with the commission, | 0011| where local exchange rates apply; | 0012| H. "local exchange service" means the transmission | 0013| of two-way interactive switched voice communications furnished | 0014| by a telecommunications company within a local exchange area; | 0015| I. "message telecommunications service" means | 0016| telecommunications service between local exchange areas within | 0017| the state for which charges are made on a per-unit basis, not | 0018| including wide area telecommunications service, or its | 0019| equivalent, or individually negotiated contracts for | 0020| telecommunications services; | 0021| J. "noncompetitive telecommunications service" | 0022| means a service [which] that has not been determined to be | 0023| subject to effective competition pursuant to Section 63-9A-8 | 0024| NMSA 1978; | 0025| K. "private telecommunications service" means a | 0001| system, including the construction, maintenance or operation | 0002| thereof, for the provision of telecommunications service, or | 0003| any portion of such service, by a person or entity for the sole | 0004| and exclusive use of that person or entity and not for resale, | 0005| directly or indirectly. For purposes of this definition, the | 0006| person or entity [which] that may use such service includes | 0007| any affiliates of the person or entity, provided that at least | 0008| eighty percent of the assets or voting stock of the affiliates | 0009| is owned by the person or entity. If any other person or | 0010| entity uses the telecommunications service, whether for hire or | 0011| 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 one- | 0025| way cable television service; and | 0001| M. "telecommunications company" means an | 0002| individual, corporation, partnership, joint venture, company, | 0003| firm, association, proprietorship or other entity [which] | 0004| that provides public telecommunications service." | 0005| Section 34. Section 63-9A-14 NMSA 1978 (being Laws 1985, | 0006| Chapter 242, Section 14) is amended to read: | 0007| "63-9A-14. ACTION TO SET ASIDE [NONREMOVABLE] ORDERS OF | 0008| THE COMMISSION.--Any provider of telecommunications services | 0009| and any other person in interest being aggrieved by an order or | 0010| determination of the commission under the New Mexico | 0011| Telecommunications Act [not removable to the supreme court of | 0012| New Mexico under the provisions of Article 11, Section 7 of the | 0013| constitution of New Mexico] may file a notice of appeal in | 0014| the supreme court asking for a review of the commission's final | 0015| orders. [therein. A] The notice of appeal [must] | 0016| shall be filed within thirty days after the entry of the | 0017| commission's final order. Every notice of appeal shall name | 0018| the [state corporation] public regulation commission as | 0019| appellee and shall identify the order from which the appeal is | 0020| taken. Any person whose rights may be directly affected by the | 0021| appeal may appear and become a party, or the supreme court may | 0022| upon proper notice order any person to be joined as a party." | 0023| Section 35. Section 63-9A-20 NMSA 1978 (being Laws 1985, | 0024| Chapter 242, Section 20) is amended to read: | 0025| "63-9A-20. INJUNCTIONS--CONTEMPT.--In any matter not | 0001| [removable] appealable to the supreme court of New Mexico | 0002| under the provisions of [Article 11, Section 7 of the | 0003| constitution of New Mexico] Section 11 of the Public | 0004| Regulation Commission Act, the commission may apply to courts | 0005| having jurisdiction for injunctions to prevent violations of | 0006| any provision of the New Mexico Telecommunications Act or of | 0007| any rule or order of the commission issued pursuant to that | 0008| act. [and] Such courts shall have power to grant such | 0009| injunctions and to enforce [such injunctions] them by | 0010| contempt procedure." | 0011| Section 36. Section 63-9B-3 NMSA 1978 (being Laws 1987, | 0012| Chapter 296, Section 3) is amended to read: | 0013| "63-9B-3. DEFINITIONS.--As used in the Cellular Telephone | 0014| Services Act: | 0015| A. "commission" means the [state corporation] | 0016| public regulation commission; | 0017| B. "cellular service company" means a cellular | 0018| telephone company that uses cellular telephone equipment and is | 0019| a radio common carrier or telephone or telecommunications | 0020| company licensed by the federal communications commission and | 0021| operates within the [800] eight hundred megahertz band of | 0022| frequency. A cellular service company operates a cellular | 0023| system [which] that is a high capacity land mobile system | 0024| in which assigned spectrum is divided into discrete channels | 0025| [which] that are assigned in groups to geographic cells | 0001| covering a cellular geographic area, as defined by the federal | 0002| communications commission. "Cellular service company" does not | 0003| include noncellular radio common carrier service, including but | 0004| not limited to noncellular mobile telephone service, radio- | 0005| paging service or one-way cable television service; and | 0006| C. "certificated area" means the geographical area | 0007| [which] that a cellular service company is authorized to | 0008| serve by a certificate of public convenience and necessity and | 0009| [which] that is defined on the map as part of the | 0010| certificate issued under such law authorizing the issuance of a | 0011| certificate of public convenience and necessity for such | 0012| purpose." | 0013| Section 37. Section 63-9B-8 NMSA 1978 (being Laws 1987, | 0014| Chapter 296, Section 8) is amended to read: | 0015| "63-9B-8. ACTION TO SET ASIDE [NONREMOVABLE] CERTAIN | 0016| ORDERS OF THE COMMISSION.--Any cellular service company and any | 0017| other person in interest being aggrieved by an order or | 0018| determination of the commission under the Cellular Telephone | 0019| Services Act [not removable to the supreme court of New | 0020| Mexico under the provisions of Article 11, Section 7 of the | 0021| constitution of New Mexico] may file a notice of appeal in | 0022| the supreme court asking for a review of the commission's final | 0023| orders. [A] The notice of appeal shall be filed within | 0024| thirty days after the entry of the commission's final order. | 0025| Every notice of appeal shall name the commission as appellee | 0001| and shall identify the order from which the appeal is taken. | 0002| Any person whose rights may be directly affected by the appeal | 0003| may appear and become a party, or the supreme court may upon | 0004| proper notice order any person to be joined as a party." | 0005| Section 38. Section 63-9B-14 NMSA 1978 (being Laws 1987, | 0006| Chapter 296, Section 14) is amended to read: | 0007| "63-9B-14. INJUNCTIONS--CONTEMPT.--In any matter not | 0008| [removable] appealable to the supreme court of New Mexico | 0009| under the provisions of [Article 11, Section 7 of the | 0010| constitution of New Mexico] Section 11 of the Public | 0011| Regulation Commission Act, the commission may apply to courts | 0012| having jurisdiction for injunctions to prevent violations of | 0013| any provision of the Cellular Telephone Services Act or of any | 0014| rule or order of the commission issued pursuant to that act. | 0015| [and] The courts shall have power to grant such injunctions | 0016| and to enforce [injunctions] them by contempt procedure." | 0017| Section 39. Section 63-9C-3 NMSA 1978 (being Laws 1987, | 0018| Chapter 197, Section 3) is amended to read: | 0019| "63-9C-3. DEFINITIONS.--As used in the Low-Income | 0020| Telephone Service Assistance Act: | 0021| A. "commission" means the [state corporation] | 0022| public regulation commission; | 0023| B. "department" means the human services | 0024| department; and | 0025| C. "local exchange company" means a person, | 0001| company, corporation, partnership, cooperative, joint venture | 0002| or other business organization or association not engaged | 0003| solely in interstate business [which] that provides | 0004| services or facilities for the transmission of two-way | 0005| interactive switched voice communications over a telephone line | 0006| within a local exchange area for single-line customers." | 0007| Section 40. Section 63-9D-3 NMSA 1978 (being Laws 1989, | 0008| Chapter 25, Section 3, as amended) is amended to read: | 0009| "63-9D-3. DEFINITIONS.--As used in the Enhanced 911 Act: | 0010| A. "911 emergency surcharge" means the monthly | 0011| uniform charge assessed on each local exchange service customer | 0012| in the state for each local exchange access line to pay for the | 0013| purchase, lease, installation and maintenance of equipment | 0014| necessary for the establishment of a 911 system, including the | 0015| repayment of bonds issued pursuant to the Enhanced 911 Bond | 0016| Act; | 0017| B. "911 service area" means the area within a local | 0018| governing body's jurisdiction that has been designated by the | 0019| local governing body or the division to receive enhanced 911 | 0020| service; | 0021| C. "911 system" means the basic 911 system or the | 0022| enhanced 911 system; | 0023| D. "basic 911 system" means a telephone service | 0024| that automatically connects a person dialing the single three- | 0025| digit number 911 to an established public safety answering | 0001| point through normal telephone service facilities; | 0002| E. "commission" means the [state corporation] | 0003| public regulation commission; | 0004| F. "department" means the taxation and revenue | 0005| department; | 0006| G. "division" means the local government division | 0007| of the department of finance and administration; | 0008| H. "enhanced 911 system" means a telephone system | 0009| consisting of network, database and on-premises equipment that | 0010| utilizes the single three-digit number 911 for reporting | 0011| police, fire, medical or other emergency situations, thereby | 0012| enabling the users of a public telephone system to reach a | 0013| public safety answering point to report emergencies by dialing | 0014| 911, and includes the capability to: | 0015| (1) selectively route incoming 911 calls to | 0016| the appropriate public safety answering point operating in a | 0017| 911 service area; and | 0018| (2) automatically display the name, address | 0019| and telephone number of an incoming 911 call on a video monitor | 0020| at the appropriate public safety answering point; | 0021| I. "enhanced 911 equipment" means the customer | 0022| premises equipment directly related to the operation of an | 0023| enhanced 911 system, including, but not limited to, automatic | 0024| number identification or automatic location identification | 0025| controllers and display units, printers, cathode ray tubes and | 0001| software associated with call detail recording; | 0002| J. "equipment supplier" means any person or entity | 0003| who provides or offers to provide telecommunications equipment | 0004| necessary for the establishment of enhanced 911 services; | 0005| K. "local 911 surcharge" means the additional | 0006| charge imposed by a local governing body of a community served | 0007| by a local exchange telephone company that has not otherwise | 0008| provided for enhanced 911 capability in its network in order to | 0009| provide funding for the local governing body to pay for | 0010| development of the network and database; | 0011| L. "local exchange access line" means any telephone | 0012| line that connects a local exchange service customer to the | 0013| local switching office and has the capability of reaching local | 0014| public safety service agencies, but does not include any line | 0015| used by a carrier for the provision of interexchange services; | 0016| M. "local exchange area" means a geographic area | 0017| encompassing one or more local communities, as described in | 0018| maps, tariffs or rate schedules filed with the commission, | 0019| where local exchange rates apply; | 0020| N. "local exchange service" means the transmission | 0021| of two-way interactive switched voice communications furnished | 0022| by a local exchange telephone company within a local exchange | 0023| area, including access to enhanced 911 systems; | 0024| O. "local exchange telephone company" means a | 0025| telecommunications company, as defined by Subsection M of | 0001| Section 63-9A-3 NMSA 1978, certified to provide local exchange | 0002| service; | 0003| P. "local governing body" means the board of county | 0004| commissioners of a county or the governing body of a | 0005| municipality as defined in the Municipal Code; | 0006| Q. "network" means any system designed to provide | 0007| one or more access paths for communications between users at | 0008| different geographic locations; provided that a system may be | 0009| designed for voice, data or both and may feature limited or | 0010| open access and may employ appropriate analog, digital | 0011| switching or transmission technologies; | 0012| R. "network and database surcharge" means the | 0013| monthly uniform charge assessed on each local exchange service | 0014| customer in the state for each local exchange access line to | 0015| pay for the costs of developing and maintaining a network and | 0016| database for a 911 emergency system; and | 0017| S. "public safety answering point" means a twenty- | 0018| four-hour local jurisdiction communications facility that | 0019| receives 911 service calls and directly dispatches emergency | 0020| response services or that relays calls to the appropriate | 0021| public or private safety agency." | 0022| Section 41. Section 64-1-6 NMSA 1978 (being Laws 1929, | 0023| Chapter 71, Section 6) is amended to read: | 0024| "64-1-6. COMMON CARRIERS.--[That] Every person, firm, | 0025| corporation, association or company at any time engaged, either | 0001| regularly or for the time being only, in the transportation of | 0002| persons or property for hire between points within this state | 0003| or from a point within this state and return thereto is hereby | 0004| declared to be a common carrier within the meaning and purview | 0005| of [Section 7 of] Article 11, Section 2 of the constitution | 0006| of [the State of] New Mexico." | 0007| Section 42. Section 65-2-82 NMSA 1978 (being Laws 1981, | 0008| Chapter 358, Section 3, as amended by Laws 1989, Chapter 250, | 0009| Section 1 and also by Laws 1989, Chapter 375, Section 1) is | 0010| amended to read: | 0011| "65-2-82. DEFINITIONS.--As used in the Motor Carrier Act: | 0012| A. "antitrust laws" means the laws of this state | 0013| relating to combinations in restraint of trade; | 0014| B. "broker" means any person not included in the | 0015| term "motor carrier" and not a bona fide employee or agent of | 0016| any motor carrier who, as principal or agent, sells or offers | 0017| for sale any transportation subject to the Motor Carrier Act or | 0018| negotiates for or holds himself [or itself] out by | 0019| solicitation, advertisement or otherwise as one who sells, | 0020| provides, furnishes, contracts or arranges for such transporta- | 0021| | 0022| tion; | 0023| C. "certificate" means a certificate of public | 0024| convenience and necessity issued under authority of the laws of | 0025| the state to common motor carriers; | 0001| D. "clerk" means the chief clerk of the [state | 0002| corporation] public regulation commission; | 0003| E. "commission" means the [state corporation] | 0004| public regulation commission; | 0005| F. "common motor carrier" means any person who | 0006| undertakes, whether directly or indirectly or by lease of | 0007| equipment or operating rights or any other arrangement, to | 0008| transport persons or property or any class of property for the | 0009| general public by motor vehicle for compensation, whether over | 0010| regular or irregular routes and under scheduled or nonscheduled | 0011| service, but does not include farm carriers; | 0012| G. "contract motor carrier" means any person not a | 0013| common motor carrier who, under individual contracts or | 0014| agreements and whether directly or indirectly or by lease of | 0015| equipment or operating rights or any other arrangements, | 0016| transports persons or property by motor vehicle for | 0017| compensation, but does not include farm carriers; | 0018| H. "farm carrier" means any motor vehicle | 0019| registered in this state being used in the transportation for | 0020| hire of a cargo consisting of only one or several of the | 0021| following: farm produce, including but not limited to grains, | 0022| cotton, cottonseed, vegetables, hay and other farm products, | 0023| livestock feed, livestock, stock salt, manure, wire, posts, | 0024| dairy products and farm or ranch machinery except tractors | 0025| weighing more than forty-five thousand pounds; | 0001| I. "highway" means the public roads, highways, | 0002| streets and ways in this state; | 0003| J. "household goods" means: | 0004| (1) personal effects and property used or to | 0005| be used in a dwelling when a part of the equipment or supply of | 0006| the dwelling and other similar property as the commission may | 0007| provide by regulation; except that this paragraph shall not be | 0008| construed to include property moving from a factory or store, | 0009| except property as the householder has purchased with intent to | 0010| use in his dwelling and [which] that is transported at the | 0011| request of, and the transportation charges paid to the carrier | 0012| by, the householder; | 0013| (2) furniture, fixtures, equipment and the | 0014| property of stores, offices, museums, institutions, hospitals | 0015| or other establishments when a part of the stock, equipment or | 0016| supply of stores, offices, museums, institutions, hospitals or | 0017| other establishments and other similar property as the | 0018| commission may provide by regulation; except that this | 0019| paragraph shall not be construed to include the stock-in-trade | 0020| of any establishment, whether consignor or consignee, other | 0021| than used furniture and used fixtures, except when transported | 0022| as incidental to the moving of the establishment, or a portion | 0023| thereof, from one location to another; and | 0024| (3) articles, including objects of art, | 0025| displays and exhibits, [which] that, because of their | 0001| unusual nature or value, require the specialized handling and | 0002| equipment usually employed in moving household goods and other | 0003| similar articles as the commission may provide by regulation; | 0004| except that this paragraph shall not be construed to include | 0005| any article, whether crated or uncrated, [which] that does | 0006| not, because of its unusual nature or value, require the | 0007| specialized handling and equipment usually employed in moving | 0008| household goods; | 0009| K. "interested parties" shall in all cases include | 0010| all carriers operating over the routes or any part thereof or | 0011| in the territory involved in any application for a certificate | 0012| or permit or any application to file or change any schedule of | 0013| rates, charges, fares or any rule, regulation or practice, and | 0014| other parties as the commission may deem interested in the | 0015| particular matter; | 0016| L. "irregular route" means that the route to be | 0017| used by a motor carrier is not restricted to any specific | 0018| highway within the area the motor carrier is authorized to | 0019| serve; | 0020| M. "lease" means any arrangement whereby a motor | 0021| carrier augments his equipment by use of equipment owned by | 0022| others; | 0023| N. "license" means a license issued under the Motor | 0024| Carrier Act to a broker; | 0025| O. "motor carrier" includes common motor carriers, | 0001| contract motor carriers, any person performing for-hire | 0002| transportation service without authority from the commission | 0003| and farm carriers; | 0004| P. "motor vehicle" means any vehicle, machine, | 0005| tractor, trailer or semi-trailer propelled or drawn by | 0006| mechanical power and used upon the highways in the | 0007| transportation of property or persons, but does not include any | 0008| vehicle, locomotive or car operated exclusively on rail or | 0009| rails; | 0010| Q. "permit" means a permit issued under authority | 0011| of the laws of this state to contract motor carriers; | 0012| R. "person" means any individual, firm, | 0013| partnership, corporation, company, association or organization | 0014| and includes any trustee, receiver, assignee or personal | 0015| representative thereof; | 0016| S. "regular route" means a fixed, specific and | 0017| determined course to be traveled by a motor carrier's vehicles | 0018| rendering service to, from or between various points, | 0019| localities or municipalities in this state; | 0020| T. the "services" and "transportation" to which the | 0021| Motor Carrier Act applies include all vehicles operated by, for | 0022| or in the interest of any motor carrier irrespective of | 0023| ownership or of contract, express or implied, together with all | 0024| facilities and property controlled by any motor carrier and | 0025| used in the transportation of persons or property or in the | 0001| performance of any service in connection therewith; | 0002| U. "shipper" means a person who consigns or | 0003| receives goods for transportation; | 0004| V. "single-line rate" means a rate, charge or | 0005| allowance proposed by a single common motor carrier of property | 0006| that is applicable only over its line and for which the | 0007| transportation can be provided by that common motor carrier; | 0008| W. "state" means the state of New Mexico; | 0009| X. "towing company" means any common motor carrier | 0010| engaged in transporting for hire disabled or abandoned motor | 0011| vehicles by means of a tow truck or flatbed vehicle carrier; | 0012| and | 0013| Y. "weight-bumping" means the knowing and willful | 0014| making or securing of a fraudulent weight on a shipment of | 0015| household goods which is subject to the jurisdiction of the | 0016| commission under the Motor Carrier Act." | 0017| Section 43. Section 65-2-120 NMSA 1978 (being Laws 1981, | 0018| Chapter 358, Section 41, as amended) is amended to read: | 0019| "65-2-120. ACTION TO VACATE COMMISSION ORDERS--TIME | 0020| LIMITS--VALIDITY OF ORDERS--APPEAL TO SUPREME COURT--COURT | 0021| PROCEDURE.-- | 0022| A. Any motor carrier and any other person in | 0023| interest being dissatisfied with any order or determination of | 0024| the commission not [removable] appealable to the supreme | 0025| court of this state under the provisions of [Article 11, | 0001| Section 7 of the constitution of New Mexico] Section 11 of | 0002| the Public Regulation Commission Act, may commence an action | 0003| in the district court for Santa Fe county against the commis- | 0004| | 0005| sion as defendant to vacate and set aside the order or | 0006| determination on the ground that it is unlawful or | 0007| unreasonable. In any such proceeding, the court may grant | 0008| relief by injunction, mandamus or other extraordinary remedy. | 0009| In any action, the complaint shall be served with the summons. | 0010| The person who files the complaint shall, by certified mail, | 0011| send a copy of the complaint to all persons who participated as | 0012| parties in the action before the commission. | 0013| B. The answer of the commission to the complaint | 0014| shall be served and filed within thirty days after service of | 0015| the complaint, whereupon the action shall be at issue without | 0016| further pleading and stand ready for trial upon ten days' | 0017| notice. | 0018| C. Any person not a party to the action but having | 0019| an interest in the subject may be made a party. | 0020| D. All such actions shall have precedence over any | 0021| civil cause of a different nature, and the district court shall | 0022| always be deemed open for the trial of the action and the | 0023| action shall be tried and determined as other civil actions | 0024| without a jury. | 0025| E. Every action to vacate or amend any | 0001| determination or order of the commission or to enjoin the | 0002| enforcement of the determination or order or to prevent the | 0003| order or determination from becoming effective shall be | 0004| commenced and every appeal to the courts or right of recourse | 0005| to the courts shall be taken or exercised within [ninety] | 0006| thirty days after the entry or rendition of the order or | 0007| determination. The right to commence any action or to take or | 0008| exercise any appeal or right of recourse to the courts shall | 0009| terminate absolutely at the end of [ninety] thirty days. | 0010| F. A substantial compliance by the commission with | 0011| the requirements of the Motor Carrier Act shall be sufficient | 0012| to give effect to all rules, orders, acts and regulations of | 0013| the commission, and they shall not be declared inoperative, | 0014| illegal or void for any omission of a technical nature in | 0015| respect thereto. | 0016| G. Any party to the action, within [sixty] | 0017| thirty days after service of a copy of the order or judgment | 0018| of the district court, may appeal to the supreme court, and the | 0019| cause shall be placed on the calendar of the then pending term | 0020| and shall be assigned and brought to a hearing in the same | 0021| manner as other causes on the calendar. | 0022| H. In such actions and proceedings in court, all | 0023| processes shall be served and the practice and rules of | 0024| evidence shall be the same as in civil actions, except as | 0025| otherwise provided." | 0001| Section 44. Section 65-4-4 NMSA 1978 (being Laws 1933, | 0002| Chapter 120, Section 4) is amended to read: | 0003| "65-4-4. ADMINISTRATION OF ACT.--The [State | 0004| Corporation] public regulation commission [of the State of | 0005| New Mexico] is [hereby] vested with the authority to | 0006| administer [this act with] Sections 65-4-1 through 65-4-18 | 0007| NMSA 1978. The commission shall have full power to regulate | 0008| and control the issuance and revocation of licenses to be | 0009| issued under the provisions of [this act] those sections | 0010| and to perform all other acts [and duties provided in this act | 0011| and] necessary for [its] their enforcement." | 0012| Section 45. Section 65-6-2 NMSA 1978 (being Laws 1974, | 0013| Chapter 82, Section 2, as amended) is amended to read: | 0014| "65-6-2. DEFINITIONS.--As used in the Ambulance Standards | 0015| Act: | 0016| A. "ambulance" means any vehicle, including motor | 0017| vehicles or watercraft, designed and used or intended to be | 0018| used for the transportation of sick or injured persons; | 0019| B. "driver" means a person who, on a regular or | 0020| irregular basis, either paid or voluntary, serves as the | 0021| operator of an ambulance; | 0022| C. "attendant" means a person who, on a regular or | 0023| irregular basis, either paid or voluntary, serves as an | 0024| assistant to the ambulance driver in the operation of the | 0025| ambulance; and | 0001| D. "commission" means the [state corporation] | 0002| public regulation commission." | 0003| Section 46. Section 70-3-12 NMSA 1978 (being Laws 1969, | 0004| Chapter 71, Section 2, as amended) is amended to read: | 0005| "70-3-12. DEFINITIONS.--As used in the Pipeline Safety | 0006| Act: | 0007| A. "person" means any individual, firm, joint | 0008| venture, partnership, corporation, association, state, | 0009| municipality, political subdivision, cooperative association, | 0010| joint stock association or any combination thereof and includes | 0011| any receiver, trustee, assignee or personal representative | 0012| thereof; | 0013| B. "commission" means the [state corporation] | 0014| public regulation commission; | 0015| C. "gas" means natural gas, flammable gas or gas | 0016| that is toxic or corrosive; | 0017| D. "oil" means crude oil and liquid hydrocarbons | 0018| and manufactured products derived from either; | 0019| E. "transportation of gas" means the gathering, | 0020| transmission or distribution of gas by pipeline or its storage, | 0021| except that it shall not include the gathering of gas in those | 0022| rural locations which lie outside the limits of any | 0023| municipality or unincorporated city, town or village or any | 0024| residential or commercial area such as a subdivision, a | 0025| business or shopping center, a community development or any | 0001| similar populated area which the commission may define by order | 0002| as a nonrural area; | 0003| F. "transportation of oil" means the transmission | 0004| of oil by pipeline, except pipelines operated exclusively for | 0005| the gathering of oil in any field or area or pipelines | 0006| constituting a part of any tank farm, plant facilities of any | 0007| processing plant, gasoline plant, refinery, carbon-black plant, | 0008| recycling system or similar operations; | 0009| G. "gas pipeline facilities" means new and existing | 0010| pipeline rights of way and any equipment, facility or structure | 0011| used in the transportation of gas or the treatment of gas | 0012| during the course of transportation; | 0013| H. "oil pipeline facilities" means new and existing | 0014| pipeline rights of way and any equipment facility or structure | 0015| used in the transportation of oil; and | 0016| I. "intrastate pipeline facilities" means oil | 0017| pipeline facilities or gas pipeline facilities within the state | 0018| that are not gas pipeline facilities subject to the | 0019| jurisdiction of the federal energy regulatory commission | 0020| pursuant to the federal Natural Gas Act or oil pipeline | 0021| facilities used in the transportation of oil in interstate or | 0022| foreign commerce, except that it shall include pipeline | 0023| facilities within the state that transport gas from an | 0024| interstate gas pipeline to a direct sales customer within the | 0025| state purchasing gas for its own consumption." | 0001| Section 47. Section 76-13-2 NMSA 1978 (being Laws 1927, | 0002| Chapter 101, Section 2, as amended) is amended to read: | 0003| "76-13-2. REGULATION BY PUBLIC REGULATION COMMISSION.-- | 0004| The [state corporation commission shall have] public | 0005| regulation commission has the power and [be] is charged | 0006| with the duty of fixing, determining, supervising, regulating | 0007| and controlling all considerations, charges or fees of all | 0008| public utilities defined in Section [1, hereof] 76-13-1 NMSA | 0009| 1978 in the same manner and to the same extent that [they | 0010| are] it is authorized to fix, determine, supervise, regulate | 0011| and control charges and rates of transportation and trans- | 0012| | 0013| mission companies and common carriers in Article [XI] 11, | 0014| Section 2 of the constitution of [the State of] New Mexico | 0015| and Section 11 of the Public Regulation Commission Act, | 0016| except that appeals from the action of the commission shall be | 0017| taken to the district court." | 0018| Section 48. TEMPORARY PROVISIONS--TRANSFER OF | 0019| APPROPRIATIONS, FUNDS, PERSONNEL, PROPERTY, CONTRACTS, AND | 0020| OTHER OBLIGATIONS--LEGAL AND ADMINISTRATIVE PROCEEDINGS-- | 0021| CONSTRUCTION OF REFERENCES.-- | 0022| A. All appropriations, money, personnel and | 0023| property of the New Mexico public utility commission or the | 0024| state corporation commission are transferred to the public | 0025| regulation commission. | 0001| B. All rules, regulations, tariffs, orders and | 0002| other official acts of the New Mexico public utility commission | 0003| or the state corporation commission shall continue in effect | 0004| under and be administered and enforced by the public regulation | 0005| commission until repealed, rescinded or otherwise nullified. | 0006| C. All contracts, debts and other obligations of | 0007| the New Mexico public utility commission or the state | 0008| corporation commission shall continue in effect and shall be | 0009| enforceable by and against the public regulation commission. | 0010| D. All pending legal actions, appeals, removals to | 0011| the supreme court and other legal proceedings of every | 0012| description and all pending administrative proceedings that | 0013| involve the New Mexico public utility commission or the state | 0014| corporation commission shall be unaffected, and shall continue | 0015| in the name of the public regulation commission. | 0016| E. All references in law, including statutes, | 0017| rules, regulations, tariffs, orders and other official acts, to | 0018| the New Mexico public utility commission or the state | 0019| corporation commission shall be construed to be and shall mean | 0020| the public regulation commission. | 0021| F. All references in law, including statutes, | 0022| rules, regulations, orders and other official acts, to removal | 0023| of state corporation commission orders or proceedings to the | 0024| supreme court shall be construed to be and shall mean the | 0025| appeal procedure provided in Section 11 of the Public | 0001| Regulation Commission Act. | 0002| Section 49. TEMPORARY PROVISION--RESTRICTION ON | 0003| EXPENDITURES.--The New Mexico public utility commission and the | 0004| state corporation commission are prohibited from expending and | 0005| encumbering more than fifty percent of their respective budgets | 0006| and appropriations for fiscal year 1999. The financial control | 0007| division of the department of finance and administration shall | 0008| administer and enforce this section to assure that its | 0009| restrictions are not violated. | 0010| Section 50. TEMPORARY PROVISION--1998 ELECTION FOR THE | 0011| PUBLIC REGULATION COMMISSION.--The first election for the | 0012| public regulation commission, which shall include all five | 0013| commissioners, shall occur at the primary and general elections | 0014| in 1998. The secretary of state shall designate the five | 0015| positions for which candidacies will be accepted. There shall | 0016| be no election for a state corporation commissioner in 1998. | 0017| Section 51. REPEAL.--Sections 53-1-2 through 53-1-6, | 0018| 62-5-1 through 62-5-11, 63-7-14, 63-8-6 and 63-9-4 NMSA 1978 | 0019| (being Laws 1913, Chapter 68, Sections 2 and 3, Laws 1912, | 0020| Chapter 83, Section 18, Laws 1913, Chapter 83, Section 11, Laws | 0021| 1951, Chapter 93, Section 1, Laws 1941, Chapter 84, Section 3, | 0022| Laws 1977, Chapter 255, Section 121, Laws 1941, Chapter 84, | 0023| Sections 4 through 8 and 10 through 13, Laws 1912, Chapter 78, | 0024| Section 13, Laws 1955, Chapter 43, Section 6 and Laws 1965, | 0025| Chapter 292, Section 4, as amended) are repealed. | 0001| Section 52. EFFECTIVE DATES.-- | 0002| A. The effective date of the provisions of Sections | 0003| 1 through 48 and 51 of this act is January 1, 1999. | 0004| B. The effective date of the provisions of Section | 0005| 49 of this act is July 1, 1998. | 0006| C. The effective date of the provisions of Section | 0007| 50 of this act is July 1, 1997. | 0008|  | 0009| | 0010| State of New Mexico | 0011| House of Representatives | 0012| | 0013| FORTY-THIRD LEGISLATURE | 0014| FIRST SESSION, 1997 | 0015| | 0016| | 0017| March 5, 1997 | 0018| | 0019| | 0020| Mr. Speaker: | 0021| | 0022| Your JUDICIARY COMMITTEE, to whom has been referred | 0023| | 0024| HOUSE BILL 934 | 0025| | 0001| has had it under consideration and reports same with | 0002| recommendation that it DO PASS, and thence referred to the | 0003| APPROPRIATIONS AND FINANCE COMMITTEE. | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| Thomas P. Foy, Chairman | 0012| | 0013| | 0014| Adopted Not Adopted | 0015| | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| Date | 0019| | 0020| The roll call vote was 10 For 1 Against | 0021| Yes: 10 | 0022| No: Larranaga | 0023| Excused: Rios, Sanchez | 0024| Absent: None | 0025| | 0001| | 0002| G:\BILLTEXT\BILLW_97\H0934 State of New Mexico | 0003| House of Representatives | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| March 8, 1997 | 0010| | 0011| | 0012| Mr. Speaker: | 0013| | 0014| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0015| whom has been referred | 0016| | 0017| HOUSE BILL 934 | 0018| | 0019| has had it under consideration and reports same with | 0020| recommendation that it DO PASS, amended as follows: | 0021| | 0022| 1. On pages 3 and 4, strike Section 6 in its entirety. | 0023| | 0024| 2. Renumber the succeeding sections accordingly. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| | 0007| Max Coll, Chairman | 0008| | 0009| | 0010| Adopted Not Adopted | 0011| | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| Date | 0015| | 0016| The roll call vote was 12 For 0 Against | 0017| Yes: 12 | 0018| Excused: Buffett, Coll, Marquardt, Pearce, Townsend | 0019| Absent: None | 0020| | 0021| | 0022| | 0023| G:\BILLTEXT\BILLW_97\H0934 FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION | 0025| | 0001| | 0002| March 11, 1997 | 0003| | 0004| | 0005| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 934, as amended | 0006| | 0007| Amendment sponsored by Representative Gary K. King | 0008| | 0009| | 0010| 1. On page 66, line 3, after "Sections" insert "1-19-34.2,". | 0011| | 0012| 2. On page 66, line 5, after "being" insert "Laws 1993, Chapter | 0013| 46, Section 13,". | 0014| | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| ___________________________ | 0021| Gary K. King | 0022| | 0023| | 0024| | 0025| Adopted ___________________ Not Adopted ___________________________ | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| | 0004| Date ________________ | 0005| | 0006| FORTY-THIRD LEGISLATURE HB 934/a | 0007| FIRST SESSION, 1997 | 0008| | 0009| March 18, 1997 | 0010| | 0011| Mr. President: | 0012| | 0013| Your CONSERVATION COMMITTEE, to whom has been referred | 0014| | 0015| HOUSE BILL 934, as amended | 0016| | 0017| has had it under consideration and reports same with recommendation | 0018| that it DO PASS, amended as follows: | 0019| | 0020| 1. On page 12, line 5, after the period insert [NEW MATERIAL]. | 0021| | 0022| 2. On page 14, lines 13 and 14, strike the brackets and line- | 0023| through and strike "72,500". | 0024| | 0025| The roll call vote on Amendment No. 2 was 5 For 1 Against. | 0001| | 0002| Yes: 5 | 0003| No: Sanchez | 0004| Excused: Griego, Kysar, Lyons, Tsosie | 0005| Absent: None | 0006| | 0007| and thence referred to the JUDICIARY COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| __________________________________ | 0013| Michael S. Sanchez, Chairman | 0014| | 0015| | 0016| Adopted_______________________ Not Adopted_______________________ | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date ________________________ | 0020| | 0021| | 0022| The roll call vote was 6 For 0 Against | 0023| Yes: | 0024| No: None | 0025| Excused: Griego, Kysar, Lyons, Tsosie | 0001| Absent: None | 0002| | 0003| H0934C01 |