HOUSE BILL 47

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO THE PUBLIC REGULATION COMMISSION; PROVIDING FOR CONSTITUTIONALLY MANDATED INCREASED QUALIFICATIONS AND CONTINUING EDUCATION REQUIREMENTS FOR PUBLIC REGULATION COMMISSIONERS; PROVIDING FOR THE WITHHOLDING OF COMPENSATION.

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

     SECTION 1. A new section of the Public Regulation Commission Act is enacted to read:

     "[NEW MATERIAL] QUALIFICATIONS OF COMMISSIONERS.--

          A. In addition to other requirements imposed by law, in order to qualify to hold office, a candidate for election or a prospective appointee to a commissioner position shall:

                (1) be a commissioner on or after January 1, 2011;

                (2) have a baccalaureate or more advanced degree from an institution of higher education that has been accredited by a regional or national accrediting body and at which the candidate or prospective appointee majored in or pursued a primary course of study in accounting, business administration, earth sciences, economics, energy, engineering, environmental sciences, finance, law, mathematics, public or government administration, statistics, utility regulation or water science and management; or

                (3) have seven or more years of professional experience in one or more of the following fields: accounting, advocating for consumer or environmental issues before energy or utility regulatory bodies, earth sciences, economics, energy, engineering, finance, law, public or government administration, telecommunications, utility regulation or the regulation or management of water or wastewater. As used in this paragraph, "professional experience" means employment in which the candidate or prospective appointee for commissioner regularly made decisions requiring discretion and independent judgment and:

                     (a) analyzed or interpreted numerical or statistical data;

                     (b) engaged in policy analysis, research or implementation;

                     (c) advocated before a regulatory agency; or

                     (d) managed a business, organization, agency, division or department that had more than ten employees during the time it was managed by the candidate or prospective appointee.

          B. In addition to filing a declaration of candidacy and nominating petition as required by Chapter 1, Article 8 NMSA 1978, a candidate or, in the case of a vacancy on the commission, a prospective appointee shall file with the secretary of state, in a manner determined by the secretary, documentation demonstrating that the candidate or prospective appointee satisfies the qualifications requirement of Subsection A of this section. The documentation shall consist of:

                (1) a certified transcript issued by an educational institution that includes the degree earned and the date it was awarded; or

                (2) a sworn affidavit from a person other than the candidate or prospective appointee attesting to the candidate's or prospective appointee's professional experience. The affidavit shall state the length of the candidate's or prospective appointee's employment and describe specifically how the position or positions held by the candidate or prospective appointee satisfy the requirement of professional experience.

          C. In the case of a candidate:

                (1) the qualifications documentation shall be filed with the secretary of state no later than 5:00 p.m. on the filing date for the candidate's declaration of candidacy and nominating petition; and

                (2) upon receipt of the qualifications documentation, and no later than 5:00 p.m. on the fifteenth day following the filing date, the secretary of state shall determine whether the documentation satisfies the requirements of Subsection A of this section. The secretary of state shall notify the candidate in writing whether the candidate is qualified or not qualified to hold the office of commissioner. If the secretary of state determines that the candidate is qualified, within forty-two days following the filing date, the secretary of state shall certify the name of the candidate for commissioner.

          D. In the case of a prospective appointee:

                (1) the qualifications documentation shall be filed with the secretary of state prior to an appointment announcement by the governor; and

                (2) upon receipt of the qualifications documentation and no later than 5:00 p.m. on the fifteenth day following the receipt of the documentation, the secretary of state shall determine whether the documentation satisfies the requirements of Subsection A of this section. The secretary of state shall notify the governor and the prospective appointee in writing whether the prospective appointee is qualified or not qualified to hold the office of commissioner. If the secretary of state determines that the prospective appointee is qualified, the secretary of state shall notify the governor and the prospective appointee in writing that the prospective appointee is qualified to hold the office of commissioner.

          E. If the secretary of state determines that a candidate or prospective appointee is not qualified, the candidate or, in the case of a prospective appointee, the governor may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered."

     SECTION 2. A new section of the Public Regulation Commission Act is enacted to read:

     "[NEW MATERIAL] CONTINUING EDUCATION REQUIREMENTS FOR COMMISSIONERS.--

          A. Beginning July 1, 2013, a commissioner shall complete at least eighty hours of education in the first twelve-month period after taking office and forty hours of education in each subsequent twelve-month period that the commissioner serves in office. Continuing education courses shall be endorsed by the national association of regulatory utility commissioners or by the relevant licensing or professional association for a qualifying area of study for degree holders pursuant to this section. A commissioner shall be responsible for having the endorsing organization submit certification of completion of the required hours of education to the commission's chief of staff.

          B. As an exception to Section 8-1-1 NMSA 1978, if a commissioner fails to comply with the education requirements in Subsection A of this section by the last day of a twelve-month period, the commissioner's compensation for performing the duties of the office shall be withheld by the commission until the requirements for the preceding twelve-month period or periods have been met."

     SECTION 3. APPLICABILITY.--The provisions of Section 1 of this act apply to:

          A. persons appointed to fill a public regulation commissioner vacancy after July 1, 2013; and

          B. public regulation commissioners elected at the general election in 2014 and subsequent elections.

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