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F I S C A L I M P A C T R E P O R T
SPONSOR Wallace
DATE TYPED 03/09/05 HB 306/aHGUAC
SHORT TITLE Board and Commission Sunset Date Changes
SB
ANALYST McSherry
REVENUE
Estimated Revenue
Subsequent
Years Impact
Recurring
or Non-Rec
Fund
Affected
FY05
FY06
NFI Indeterminate
Indeterminate Recurring Board and Commis-
sion funds/other
state funds
NFI Indeterminate
Indeterminate Recurring General Fund
(Parenthesis ( ) Indicate Revenue Decreases)
HB 306 is related to the following bills as they amend the statutes that are proposed to be contin-
ued in HB 306: HB 307, Military Planning Base Commission Members, HB 308 Speech Lan-
guage Pathology Scope of Practice, HB 309 Athletic Trainer Licensing and Requirements, HB
311 Surface Mining Act Appeal Provisions, HB 312 Real Estate Broker Licensing Requirements,
HB 313 Interior Design Licenses and Board Members, HB 314 Counseling Therapy Licenses
and Practice, HB 315 Social Workers Licenses and Requirements, and HB 310 Legislative Ap-
propriation of Certain Funds which specifies that funds are appropriated by the legislature for
each of the boards and commissions.
SOURCES OF INFORMATION
LFC Files
Regulations and Licensing
New Mexico Environment Department
Energy Minerals and Natural Resources Department
Department of Labor
NM Racing Commission
SUMMARY
Synopsis of House Government and Urban Affairs Committee Amendment
The House Government and Urban Affairs Committee amendment would provide that only the
Coal Surface Mining Commission, rather than the Coal Surface Mining Act, would be consid-
ered under Sunset provisions.
pg_0002
House Bill 306/aHGUAC -- Page 2
Synopsis of Original Bill
House Bill 306 proposes to extend the life of nineteen specific boards and seven commissions.
The twenty-six (26) boards and commissions would be extended pursuant to the provisions of the
Sunset Act with periods of extension range from four to eleven years. This bill also removes
three commissions, one committee and one board from the provisions of the Sunset Act: the
Human Rights Commission, Crime Victims Reparation Commission, Construction Industries
Commission, Manufactured Housing Committee, and New Mexico Livestock Board.
The following boards and commissions would be extended should HB 306 be enacted: Military
Base Planning Commission, Labor and Industrial Commission, State Racing Commission, New
Mexico Athletic Commission, Nutrition and Dietetics Practice Board, Counseling and Therapy
Practice Board, Board of Examiners for Occupational Therapy, Massage Therapy Board, Board
of Nursing Home Administrators, Board of Veterinary Medicine, Board of Acupuncture and Ori-
ental Medicine, Speech Language Pathology, Audiology and Hearing Aid Dispensing Practices
Board, Athletic Trainer Practice Board, Board of Examiners for Architects, Board of Barbers and
Cosmetologists, State Board of Licensure for Professional Engineers and Surveyors, Board of
Landscape Architects, Interior Design Board, Private Investigators and Polygraphers Advisory
Board, New Mexico Public Accountancy Board, New Mexico Real Estate Commission, Real
Estate Appraisers Board; Board of Social Work Examiners, Board of Thanatopractice, Coal Sur-
face Mining Commission, and Water Quality Control Commission.
Attachment 1 demonstrates the proposed breakdown of future sunset dates for boards and com-
missions.
Significant Issues
The Energy Minerals and Natural Resources Department requested the amendment which was
adopted by the Government and Urban Affairs Committee because portions of the Coal Surface
Mining Act would still be carried out by the department should the commission sunset.
FISCAL IMPLICATIONS
Most of the Boards and Commissions are funded through revenues generated through license
fees and other professional revenues. Some of the boards receive federal funds for specific pro-
jects as is described above by the Energy Minerals and Natural Resources Department. EMNRD
cites that these particular grants total approximately $2.5 million a year.
ADMINISTRATIVE IMPLICATIONS
Should any of the boards or commission not be continued, administrative duties for the mainte-
nance of the board would cease. Some of the boards are independent and have their own staff,
while others function under the administrative attachment to a department such as Regulations
and Licensing or New Mexico Environment Department.
pg_0003
House Bill 306/aHGUAC -- Page 3
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
HB 306 is related to the following bills as they amend the statutes that are proposed to be contin-
ued in HB 306: HB 307, Military Planning Base Commission Members, HB 308 Speech Lan-
guage Pathology Scope of Practice, HB 309 Athletic Trainer Licensing and Requirements, HB
311 Surface Mining Act Appeal Provisions, HB 312 Real Estate Broker Licensing Requirements,
HB 313 Interior Design Licenses and Board Members, HB 314 Counseling Therapy Licenses
and Practice, HB 315 Social Workers Licenses and Requirements, and HB 310 Legislative Ap-
propriation of Certain Funds which specifies that funds are appropriated by the legislature for
each of the boards and commissions.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
The Boards and Commissions listed would sunset July 1, 2005 and terminate June 30, 2006.
The oversight of specific areas of responsibility with which the boards and commissions are
tasked with would either cease, or would need to be reassigned elsewhere.
The Gaming Control Board asserts that failing to have any oversight in the specific areas over
which the boards and commissions serve could adversely affect the public health and general
welfare of the citizens of New Mexico as well as have an adverse affect on revenues generated
for the state.
EM/lg:njw
Attachment
pg_0004
House Bill 306/aHGUAC -- Page 4
Agency
Code
Name
Current
Statutory
end date
RLD "Team" or other
Grouping
Proposing
Date
Changes in
2004.
Next
Sunset
Date(s)
Max.
number
of years
lapsed
420 Real Estate Apprais ers Board
2006
servic e
yes 2012 6
420 Interior Design Board
2006
servic e
yes 2012 6
420 Thanatopractice Board
2006
servic e
yes 2012 6
420 Private Investigators and Polygraph Board
2006
servic e
yes 2012 6
404 Board of Examiners for Architects
2006 independent
yes 2012 6
464 State Board of Professional Engineers and Land Surveyors 2006 independent
yes 2012 6
469 State Racing Commission
2006 independent
yes 2012 6
479 Board of Veterinary Medicine
2006 independent
yes 2012 6
420 Athletic Commission
2006 albuquerque
yes 2012 6
420 Ac countancy Board
2006 albuquerque
yes 2012 6
420 Real Estate Commission
2006 albuquerque
yes 2012 6
357 Office of Information and Communication Management
2010
z
no 2010/2014 4
420 NM Board of Barbers and Cosmetologists
2006
support
yes 2014 8
420 Nursing Home Administrators Board
2006
support
yes 2014 8
420 Landscape Architects Board
2006
support
yes 2014 8
667 Water Quality Control Commission
2006
NMED
yes 2014 8
631 Labor and Industrial Commission
2006
Labor
yes 2014 8
419 Military Base Planning Commission
2006 Economic Dev. yes 2010/2014 4
521 Coal Surface Mining Commission/ACT
2006
EMNRD
yes 2014 8
420 Athletic Trainers Board
2006 therapy and wellness yes 2016 10
420 Massage Therapy Board
2006 therapy and wellness yes 2016 10
420 Counseling and Therapy Practice Board
2006 therapy and wellness yes 2016 10
420 NM Board of Social Work Ex aminers
2006 therapy and wellness yes 2016 10
420 Nutrition and Diatetics Board
2006 therapy and wellness yes 2016 10
420 Board of Psychologist Examiners
2010 therapy and wellness no 2010/2016 6
420 Board of Optometry
2010 therapy and wellness no 2010/2016 6
420 Board Respiratory Care Practitioners
2010 therapy and wellness no 2010/2016 6
420
Speech Language Pathology, Audiology and Hearing Aid
Dispensers Board
2006 therapy and wellness yes 2016 10
420 Occupational Therapy Board
2006 therapy and wellness yes 2016 10
420 Ac upuncture and Oriental Medicine Board
2006
medical
yes 2018 12
420 Napropathy Board
2012
medical
no 2012/2018 6
420 Board of Dental Health Care
2010
medical
no 2010/2018 8
420 Osteopathic Board
2010
medical
no 2010/2018 8
420 Board of Podiatry
2010
medical
no 2010/2018 8
420 Chiropractic Board
2010
medical
no 2010/2018 8
420 Physical Theraphy Board
2010
medical
no 2010/2018 8
446 Board of Medical Examiners
2010 independent
no 2010/2018 8
449 Board of Nursing
2010 independent
no 2010/2018 8
420 Board of Pharmacy
2010 albuquerque
no 2010/2018 8
508 New Mexico Livestock Board
2006
NMDA
yes no sunset n/a
780 Crime Victims Reparation Commission
2006 independent
yes no sunset n/a
631 Human Rights Commission
2006 Human Rights Division yes no sunset n/a
420 Manufactured Housing Division
2006 RLD Division
yes no sunset n/a
420
Construction Industries Division/Liquified&Compressed Gases
Ac t
2006 RLD division
yes no sunset n/a
Attachment 1