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F I S C A L I M P A C T R E P O R T
SPONSOR Ingle
ORIGINAL DATE
LAST UPDATED
2/22/07
HB
SHORT TITLE Legislative Review of Executive Rules
SB SJR 14
ANALYST Fernandez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
Minimal
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to HB 729 and HB685
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Education Department (PED)
New Mexico Environment Department (NMED)
Office of State Engineer (OSE)
Energy, Minerals and Natural Resources Department (EMNRD)
SUMMARY
Synopsis of Bill
Senate Joint Resolution 14 proposes to amend the constitution to allow the Legislature to enact
laws that prohibit regulatory rules of the executive branch from taking effect until reviewed and
approved by the appropriate interim or standing committees of the Legislature.
FISCAL IMPLICATIONS
Secretary of State may incur additional expenses to place this proposal on the ballot at the next
general election. The exact costs are unknown but should be minimal.
Both EMNRD and NMED indicate there may be fiscal implications to the agencies resulting
from a delay in the implementation of rules and regulations while awaiting legislative review and
approval. “Many rules adopted by EMNRD are required by federal law, and compliance with
federal requirements, including funding requirements, may be impacted by delays."
pg_0002
Senate Joint Resolution 14 – Page
2
SIGNIFICANT ISSUES
All agencies responding to SJR14 note the potential conflict of this proposal with Article III,
Section 1 of the New Mexico Constitution relating to the separation of powers between the
executive, judicial and legislative branches of government.
PED also indicates a conflict with the Executive Reorganization Act, which authorizes cabinet
secretaries to “…make and adopt such reasonable and procedural rules and regulations as may be
necessary to carry out the duties of the department and its divisions."
NMED indicates a conflict with existing statutes that give certain boards and commissions the
authority to approve regulations which allow them to carry out statutory mandates. For example,
74-1-5 NMSA 1978 allows the Environment Improvement Board to “promulgate all regulations
applying to persons and entities outside of the department."
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
According to PED, SJR 14 relates to HB 729 which would enact the “Administrative Negotiated
Rulemaking Act" and HB 685 which would enact the “Administrative Accountability Act."
CTF/nt