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

SPONSOR Foley

ORIGINAL DATE

LAST UPDATED

2/9/08

HM 65

SHORT TITLE

Create Interim Process & Law Committee

SB

ANALYST Shaya

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

Indeterminate

Unknown

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

House Memorial 65 requests the creation of an interim regulatory process and administrative law

committee to be created to study the concerns about the regulatory process, review the proposed

model administrative procedures act, identify specific areas of reform, make findings and

endorse any necessary legislation to improve administrative procedure on rulemaking and

adjudication and ensure that agencies carry out the mandates of the legislature, the lawmaking

branch of government.

The interim regulatory process and administrative law committee would consist of at least ten

voting members appointed by the New Mexico legislative council. Five members are from the

House of Representatives, with at least two from the minority party, and five members are from

the senate, with at least two from the minority party.

The co-chairs of the interim regulatory process and administrative law committee would be

designated by the New Mexico legislative council and be one member of the house of

representatives and one member of the senate from the membership as appointed by the New

Mexico legislative council.

The interim regulatory process and administrative law committee be staffed by the legislative

council service and the director of the administrative law division of the New Mexico

commission of public records;

FISCAL IMPLICATIONS

House Memorial 65 – Page

2

Indeterminate

SIGNIFICANT ISSUES

House Memorial 65 states the following reasons for the creation of the interim regulatory process

and administrative law committee;

•

In the last three years, the interim committees of the New Mexico legislature have

received presentations by constituents on challenges in navigating regulatory procedures

and inconsistencies in rulemaking and adjudicatory processes across and between various

New Mexico agencies; and

•

In 1969, New Mexico adopted the Administrative Procedures Act, which provides

comprehensive uniform administrative procedures based on the 1961 model state act

adopted by the national conference of commissioners on uniform state laws; and

•

The legislature exempted most administrative actions from coverage under the

Administrative Procedures Act; and

•

The scope and complexity of administrative responsibility has substantially increased

since 1969; and

•

The national conference of commissioners on uniform state laws expects to release a new

model administrative procedures act in 2008; and

•

The legislature needs to consider the proposed model act and whether the act should

apply to most, if not all, New Mexico agencies; and

•

The legislature needs to consider whether broad-based reform will enhance consistency

and predictability with respect to rulemaking and adjudicatory procedures; and

•

The legislature needs to examine the challenges New Mexicans face when navigating

administrative processes and identify legislative strategies for improving the essential

rulemaking and adjudicatory functions of agencies in order to effectively carry out

legislative mandates;

RS/mt