HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILLS 47 & 89
51st legislature - STATE OF NEW MEXICO - first session, 2013
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) have a combined total of at least twelve years of professional experience or higher education resulting in a degree or degrees, or both, as follows:
(a) professional experience in a field related to the regulatory authority of the commission, including 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 section, "a year of professional experience" equals two thousand hours of employment or self-employment, and "professional experience" means employment in which the candidate or prospective appointee for commissioner regularly made decisions requiring discretion and independent judgment and: 1) analyzed or interpreted numerical or statistical data; 2) engaged in policy analysis, research or implementation; 3) advocated before a regulatory agency; or 4) 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; or
(b) a degree from an institution of higher education that has been accredited by a regional or national accrediting body in a field related to the regulatory authority of the commission, including 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. As used in this section, the following educational degrees equal the number of years of higher education indicated and, except for an associate's degree, may be combined to determine an aggregate total number of years of higher education: 1) an associate's degree equals two years; 2) a bachelor's degree equals four years; 3) a master's degree equals two years; 4) a juris doctor degree equals three years; 5) a master of law degree equals one year; and 6) a doctor of philosophy or doctoral degree equals four years; or
(2) be a commissioner on or after January 1, 2011.
B. In addition to filing a declaration of candidacy or a declaration of intent 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 Paragraph (1) of Subsection A of this section unless the candidate or prospective appointee meets the requirement of Paragraph (2) of Subsection A of this section. The documentation shall consist of:
(1) 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; or
(2) proof of a degree granted by an institution of higher education that includes the type of degree granted and the field of study for the degree.
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 seventh 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 accept documentation, in a manner determined by the secretary, that demonstrates on its face that it meets the requirements of Subsection A of this section and shall not conduct an investigation into the accuracy or integrity of the documentation provided. The secretary of state shall notify the candidate in writing whether the candidate is qualified or not qualified to hold the office of commissioner in accordance with the requirements of Section 1-8-26 NMSA 1978. A voter may challenge the decision of the secretary of state by filing a petition in the district court within ten days of the decision. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith.
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 accept documentation, in a manner determined by the secretary, that demonstrates on its face that it meets the requirements of Subsection A of this section and shall not conduct an investigation into the accuracy or integrity of the documentation as provided. 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 the prospective appointee 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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