44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE SUPERINTENDENT OF REGULATION AND LICENSING TO APPOINT A BOARD TO REVIEW ACTIONS OF THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT AND THE ATTORNEY GENERAL TO INVESTIGATE ADMINISTRATION OF SECTION 60-13-41 NMSA 1978.

WHEREAS, the construction industries division of the regulation and licensing department has the responsibility for enforcing the building code in the state of New Mexico, ensuring dwellings and businesses are safe, and the intent of this authority is to protect the citizens of New Mexico; and

WHEREAS, the construction industries division has been given the authority as a trust to protect New Mexico's citizens by stopping any construction project at any point in the project and to shut off utilities at that time or any time after the project has been completed; and

WHEREAS, the construction industries division has been accused of exceeding its authority by issuing citations arbitrarily and shutting down construction, causing great economic hardship and harm to New Mexico residents and businesses; and

WHEREAS, gas and electrical cutoffs without warning have made residents' homes unbearable and dangerous in winter and cause dehydration and heat strokes in summer; and

WHEREAS, without warning, people have had their water shut off, causing health problems; and

WHEREAS, the elderly and poor who are adversely affected by the construction industries division's policies have no practical access to the court system; and

WHEREAS, the construction industries division has not been responsive to hardship and consequential damage caused by their action to New Mexico citizens;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the regulation and licensing department, in cooperation with county commissions, be requested to establish a citizens review board to review policies and conduct of the construction industries division of the regulation and licensing department in order to protect the rights and welfare of the citizens of New Mexico from inappropriate exercise of its authority; and

BE IT FURTHER RESOLVED that the review board be given the authority to review all enforcement actions by the construction industries division before action can be taken to shut off power or water in homes or businesses or stop construction; and

BE IT FURTHER RESOLVED that the attorney general be requested to investigate promotion practices of the construction division industries pursuant to Section 60-13-41 NMSA 1978 that states "the commission shall also promulgate rules and regulations establishing a re-certification incentive plan which provides for salary increases for state inspectors based on education and training and additional qualification"; and

BE IT FURTHER RESOLVED that the regulation and licensing department and the attorney general be requested to report their findings, actions and recommendations to the legislature by January 2001; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the superintendent of regulation and licensing and the attorney general.