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SPONSOR: |
Lujan |
DATE TYPED: |
3/4/03 |
HB |
936 |
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SHORT TITLE: |
PRC Commissioner Participation |
SB |
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ANALYST: |
Wilson |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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Responses
Received From
Public
Regulation Commission (PRC)
SUMMARY
Synopsis
of Bill
House Bill 936
requires PRC commissioners to be present in the offices of the PRC in Santa Fe
no less than four full working days each week to receive the full $90,000
salary unless attending public hearings of the PRC outside the city of Santa
Fe. This bill requires commissioners to
regularly participate in working hearings with appropriate staff to fully
understand the complex issues the commission decides and to participate in all
public hearings in which decisions of the PRC are scheduled.
HB 936 also restricts
public expenditures for PRC offices to Santa Fe and prohibits support for
offices or staff outside Santa Fe.
Significant
Issues
HB 936 requires PRC commissioners to be in Santa
Fe a minimum of four full days each week to receive their full salary. The only exception is when commissioners
attend public hearings of the PRC outside of Santa Fe. The PRC staff notes that in additions to
attending PRC hearings outside of Santa Fe, commissioners also attend training
sessions and courses sponsored by New Mexico State University and other schools
having utility regulation programs in locations such as Las Cruces, Albuquerque
and Michigan. The staff suggests one of
the most important areas commissioners deal with is state/federal relations in
the regulation of electric and other utilities and that PRC commissioners need
to take part in regional and national meetings to keep informed of national
developments and to protect New Mexico’s interests.
The PRC points out House Bill 936 may be
inconsistent with the constitutional requirement that commissioners be elected
from districts, and that commissioners maintain their residence in their
districts.
The PRC staff further notes the New Mexico
Constitution says the compensation of any public officer cannot be diminished
during his term of office, except as otherwise provided in the Constitution,
and, in addition, asks whether HB 936 is a legislative attempt to exercise the
constitutionally-created powers of the PRC in violation of the separation of
powers requirement in the New Mexico Constitution.
ADMINISTRATIVE IMPLICATIONS
There will be some administrative resources
required to administer this bill.
TECHNICAL ISSUES
The requirement that Commissioners be in Santa
Fe for four full working days each week makes no exceptions for sick leave,
annual leave, or other contingencies.
HB 936 does not specify who is responsible for
determining whether a Commissioner has failed to participate in PRC business,
as required by this bill, for the purposes of determining whether there should
be a proportionate reduction of compensation.
The term “working hearings” is not defined in
the HB 936, and the scope of its meaning is not clear from the context of the
bill.