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F I S C A L I M P A C T R E P O R T

SPONSOR Park

ORIGINAL DATE

LAST UPDATED

3/15/2007

HB HM 111

SHORT TITLE Regulatory Reform Task Force

SB

ANALYST Schuss

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total Unknown Unknown

Non-

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SM 62

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

House Memorial 111 requests that the New Mexico Legislative Council convene a task force to

make recommendations on regulatory reform

FISCAL IMPLICATIONS

The creation of a task force will have an unknown fiscal impact to the general fund. This will

depend on how many of the 15 members will be eligible for per diem and mileage expenses.

Recommendations by the task force will also have potential fiscal impacts.

SIGNIFICANT ISSUES

House Memorial 111 states that in 1969, New Mexico adopted the Administrative Procedures

Act, which is comprehensive legislation providing for uniform administrative procedures based

on the 1961 Model State Act adopted by the National Conference of Commissioners on uniform

state laws. The Legislature exempted most administrative actions from coverage under the

Administrative Procedures Act.

HM 111 states that the scope and complexity of administrative responsibility has substantially

increased since 1969 and the Legislature needs to reconsider whether the Administrative

Procedures Act should apply to most, if not all, agencies. The Legislature also needs to consider

whether other broad-based regulatory reform will enhance consistency and predictability with

House Memorial 111 – Page

2

respect to administrative actions.

The House of Representatives of the State of New Mexico requests that the New Mexico

Legislative Council be requested to convene a regulatory task force to make recommendations

on reform of administrative rulemaking, licensing, enforcement and adjudication processes,

including any necessary reforms to administrative procedures as recommended by the National

Conference of Commissioners on uniform state laws and the American Bar Association.

HM 111 request that the regulatory reform task force be limited to fifteen members, including:

•

one member, appointed by the Governor, who represents the public interest;

•

one member, appointed by the Governor, who represents the business community;

•

one member, appointed by the Governor, who is an attorney licensed to practice

law in the State of New Mexico;

•

three members, appointed by the Governor, who represent the interests of the

agencies, boards and commissions;

•

the Attorney General or a designee of the Attorney General;

•

three Senators, appointed by the President Pro Tempore of the Senate, with at

least one of the senators coming from the minority party;

•

one person, appointed by the President Pro Tempore of the Senate who is not a

legislator;

•

three Representatives, appointed by the Speaker of the House of Representatives,

who is not a legislator

The regulatory reform task force is requested to report its findings and conclusions and any

recommended legislation to the appropriate Interim Legislative Committee by October 2007.

BS/nt