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

SPONSOR Ryan

ORIGINAL DATE

LAST UPDATED

2/17/07

HB

SHORT TITLE Refund of Certain Public Regulation Fees

SB 868

ANALYST Earnest

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Attorney General (AOG)

SUMMARY

Synopsis of Bill

Senate Bill 868 enacts a new section of the Public Utility Act to allow the Public Regulation

Commission (PRC) to refund the $25.00 fee for filing a complaint if the PRC dismisses a

complaint for lack of probable cause and if PRC determines that the dismissed complaint was

filed in good faith.

The bill also would repeal Section 70-3-19B of the Pipeline Safety Act, which requires the

Attorney General to represent the PRC and the state in any action to enforce the provisions of the

Pipeline Safety Act or any regulation of the PRC.

FISCAL IMPLICATIONS

None identified.

SIGNIFICANT ISSUES

The bill presumably refers to fees paid to file complaints with the Public Regulation Commission

Senate Bill 868 – Page

2

by municipalities, or by other affected persons, alleging that any rate, service regulation,

classification, practice or service in effect or proposed to be made effective is in any respect

unfair, unreasonable, unjust or inadequate, as authorized by NMSA Section 62-10-1. Fees are

established in NMSA Section 62-13-2.

PRC has the authority to hire personnel it deems necessary to carry out the provisions of the

Pipeline Safety Act and to retain attorneys to handle the legal matters of the commission, give

advice and counsel, and represent the commission in any legal proceeding. By repealing NMSA

70-13-19B, this bill will eliminate conflicting provisions regarding representation of the PRC.

ADMINISTRATIVE IMPLICATIONS

According to OAG, if this bill is enacted, the Attorney General will no longer by responsible by

statute for representing the Public Regulation Commission in matters brought pursuant to the

Pipeline Safety Act. However, eliminating the requirement that the Attorney General represent

“the state" in such matters will not affect the ability of that office to do so pursuant to NMSA

Section 8-5-2.

ALTERNATIVES

AOG offers the following alternative:

Rather than refunding a fee for the filing of a complaint that was dismissed, might it not be more

appropriate to refund the fee for the filing of a complaint that is granted.

BE/nt