SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 8

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

AN ACT

RELATING TO THE PUBLIC REGULATION COMMISSION; PROVIDING FOR QUALIFICATIONS FOR OFFICE OF COMMISSIONER; PROVIDING FOR CONTINUING EDUCATION.

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

     SECTION 1. Section 8-8-3 NMSA 1978 (being Laws 1998, Chapter 108, Section 3) is amended to read:

     "8-8-3. PUBLIC REGULATION COMMISSION.--

          A. The "public regulation commission", created in Article 11, Section 1 of the constitution of New Mexico, is composed of five commissioners elected from districts as provided in that article and the Public Regulation Commission Apportionment Act.

          B. To be elected or appointed as a commissioner, a person must be qualified for office by:

                (1) having at least three years' experience as head, deputy head or division director of a state or local government department responsible for utilities, transportation or construction;

                (2) having at least five years' experience as a senior manager of a private-sector engineering business or a company regulated by the commission or an advocacy group whose primary interest as specified in its bylaws involves advocacy before the commission or similar regulatory entity; or

                (3) being licensed in New Mexico as a professional engineer, certified public accountant or attorney.

          C. A candidate shall certify by notarized affidavit that the candidate meets the requirements of Subsection B of this section to be filed with the declaration of candidacy. A person nominated by the governor to fill a vacancy in the office of commissioner shall be confirmed by the senate.

          D. A voter may challenge the candidacy of any person seeking nomination for the reason that the person seeking nomination does not meet the requirements of Subsection B of this section by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy or a statement of candidacy for convention designation. 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 New Mexico supreme court within five days after the decision is rendered. The New Mexico supreme court shall hear and render a decision on the appeal forthwith.

          E. Every commissioner shall complete an initial ethics certificate course provided in person or online by a New Mexico public post-secondary educational institution and shall complete at least one two-hour ethics course annually.

          [B.] F. The commission shall annually elect one of its members [chairman] chair, who shall preside at hearings. In the absence of the [chairman] chair, the commission may appoint any other member to preside."

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