HOUSE BILL 574

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Mary Helen Garcia

FOR THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE AND THE

RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE

AN ACT

RELATING TO REGULATION; CREATING AN ADMINISTRATIVE PROCEDURES TASK FORCE; PROVIDING DUTIES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. ADMINISTRATIVE PROCEDURES TASK FORCE CREATED--MEMBERSHIP--DUTIES.--

          A. The "administrative procedures task force" is created. The task force shall function from July 1, 2009 to December 15, 2012.

          B. The task force shall consist of seventeen members as follows:

                (1) three members of the senate, with at least one from the minority party, and three members of the house of representatives, with at least one from the minority party, appointed by the New Mexico legislative council;

                (2) three members representing the interests of state agencies, appointed by the governor, at least one being a lawyer;

                (3) the attorney general or the attorney general's designee;

                (4) one member of the state bar of New Mexico, appointed by the state bar president;

                (5) one member representing the interests of industry, appointed by the governor;

                (6) one member representing the interests of industry, appointed by the New Mexico legislative council;

                (7) one member from the university of New Mexico school of law, appointed by the dean of the school of law;

                (8) one member representing the interests of the judicial branch, appointed by the chief justice of the New Mexico supreme court; and

                (9) two members representing public interest advocacy groups, including one representative from a consumer advocacy group and one representative from an environmental advocacy group, appointed by the governor.

          C. The task force shall be co-chaired by a member of the house of representatives and a member of the senate, as appointed by the New Mexico legislative council. The task force shall meet at the call of the co-chairs at least four times per calendar year.

          D. Vacancies on the task force shall be filled by appointment by the original appointing authority.

          E. Members of the task force are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          F. Staff for the task force shall be provided by the legislative council service with expertise provided by the state records administrator or the administrator's designee.

          G. The task force shall:

                (1) review the 2009 model Administrative Procedures Act to be released by the national conference of commissioners on uniform state laws;

                (2) review rulemaking and adjudicatory systems in other states;

                (3) consider whether the proposed model act should apply to most, if not all, state agencies;

                (4) consider whether broad-based reform will enhance consistency and predictability and meet the goals necessary to serve the citizens and businesses of New Mexico more effectively;

                (5) identify strategies for improving the essential rulemaking and adjudicatory functions of state agencies in order to carry out legislative mandates effectively; and

                (6) determine necessary legislative action to improve administrative procedures and develop a strategy and time line for implementation of any recommended changes.

          H. The task force shall report its findings and make recommendations to the governor and the legislature before the beginning of the 2010, 2011 and 2012 legislative sessions.

     Section 2. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2009 through 2012 to pay costs associated with the administrative procedures task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund.

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