0001|
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0002|
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0003| HOUSE BILL 934
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0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0005| INTRODUCED BY
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0006| GARY K. KING
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| AN ACT
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0013| RELATING TO PUBLIC REGULATION; ENACTING THE PUBLIC REGULATION
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0014| COMMISSION ACT; PROVIDING FOR POWERS AND DUTIES; TRANSFERRING
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0015| BUDGETS, FUNDS, PERSONNEL, PROPERTY, CONTRACTS, OTHER
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0016| OBLIGATIONS; IMPOSING PENALTIES; AMENDING, REPEALING AND
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0017| ENACTING SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0021| through 13 of this act may be cited as the "Public Regulation
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0022| Commission Act".
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0023| Section 2. [NEW MATERIAL] PURPOSE OF ACT.--The purpose
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0024| of the Public Regulation Commission Act is to provide for the
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0025| manner in which the commission shall carry out its
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0001| responsibilities under Article 11 of the constitution of New
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0002| Mexico. The Public Regulation Commission Act is also designed
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0003| to ensure that all laws previously applicable to the agencies
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0004| that preceded the commission remain in full force and effect,
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0005| unless and until further amended by law. This includes
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0006| enacting into statute provisions previously included in the
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0007| constitution of New Mexico and thereby preserving case law
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0008| interpretations of those provisions.
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0009| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0010| Public Regulation Commission Act:
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0011| A. "commission" means the public regulation
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0012| commission;
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0013| B. "commissioner" means a member of the commission;
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0014| and
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0015| C. "person" means a natural person or other entity
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0016| recognized by law.
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0017| Section 4. [NEW MATERIAL] PUBLIC REGULATION
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0018| COMMISSION--CREATION.--The "public regulation commission",
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0019| consisting of five commissioners, is created as provided in
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0020| Article 11, Section 1 of the constitution of New Mexico. The
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0021| commissioners shall be elected from districts as provided in
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0022| the Public Regulation Commission Act.
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0023| Section 5. [NEW MATERIAL] COMMISSIONERS--ELECTION--
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0024| TERMS.--
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0025| A. Commissioners shall be elected at the general
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0001| election for staggered four-year terms, beginning on January 1
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0002| next following their election; provided that the first election
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0003| of commissioners and the initial terms of those commissioners
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0004| shall be as provided in Subsection B of this section.
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0005| B. Five commissioners shall be elected at the first
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0006| election of commissioners in 1998. The commissioners elected
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0007| at the first election shall immediately classify themselves by
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0008| lot, so that two of the five elected shall hold office for an
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0009| initial two-year term and three for an initial four-year term.
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0010| Thereafter, all terms shall be for four years; provided that if
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0011| a vacancy occurs prior to completion of a term, the vacancy
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0012| shall be filled for the unexpired term only.
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0013| C. After serving two consecutive terms, including
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0014| the initial two-year terms of the two commissioners chosen by
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0015| lot after the first election, a commissioner is ineligible to
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0016| hold office as a commissioner until one full four-year term has
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0017| intervened.
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0018| Section 6. COMMISSIONER DISTRICTS.--One commissioner
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0019| shall be elected from each of the following districts:
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0020| A. commissioner district one shall consist of the
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0021| first and fourth state board of education districts;
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0022| B. commissioner district two shall consist of the
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0023| second and third state board of education districts;
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0024| C. commissioner district three shall consist of the
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0025| fifth and tenth state board of education districts;
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0001| D. commissioner district four shall consist of the
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0002| eighth and ninth state board of education districts; and
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0003| E. commissioner district five shall consist of the
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0004| sixth and seventh state board of education districts.
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0005| Section 7. [NEW MATERIAL] COMMISSION ORGANIZATIONAL
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0006| UNITS.--The commission's administrative structure shall consist
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0007| of the following divisions and any other organizational units
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0008| created by law or commission order, including:
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0009| A. the administrative services division;
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0010| B. the corporation department;
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0011| C. the insurance department;
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0012| D. the motor carrier division;
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0013| E. the pipeline division;
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0014| F. the office of the state fire marshal;
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0015| G. the public utility division; and
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0016| H. the telecommunications division.
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0017| Section 8. [NEW MATERIAL] COMMISSION GENERAL POWERS
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0018| AND DUTIES.--
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0019| A. The commission shall administer and enforce the
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0020| laws with which it is charged.
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0021| B. To perform its duties, the commission has every
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0022| power expressly conferred by law. In order to effectuate its
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0023| powers and carry out its duties, the commission:
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0024| (1) may, except as otherwise provided by law,
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0025| exercise general supervisory and appointing authority over
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0001| commission employees, subject to the Personnel Act;
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0002| (2) may, delegate authority to subordinates as
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0003| the commission deems necessary and appropriate, clearly
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0004| delineating such delegated authority and its limitations;
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0005| (3) may organize the commission staff into
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0006| those organizational units that the commission deems will
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0007| enable it to function most efficiently, subject to any
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0008| provisions of law recognizing or establishing specific
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0009| organizational units;
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0010| (4) may, within the limitations of available
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0011| appropriations and except as provided otherwise by law, employ
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0012| and fix the compensation of those persons necessary to
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0013| discharge the commission's duties;
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0014| (5) may take administrative action by issuing
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0015| orders and instructions, not inconsistent with the law, to
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0016| assure implementation of and compliance with the provisions of
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0017| law for which the commission is responsible and to enforce
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0018| those orders and instructions by appropriate administrative
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0019| action and court proceedings;
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0020| (6) may conduct research and studies to
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0021| improve the commission's operations or to improve the provision
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0022| of services to the citizens of the state;
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0023| (7) may investigate any person, as necessary,
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0024| to carry out the commission's responsibilities;
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0025| (8) may provide courses of instruction and
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0001| practical training for commission employees and other persons
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0002| with the objective of improving operations and efficiency;
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0003| (9) shall prepare the commission's annual
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0004| budget;
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0005| (10) shall elect annually by majority vote a
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0006| chairperson, who shall have general administrative
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0007| responsibility for commission operations;
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0008| (11) shall give bond as provided in the Surety
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0009| Bond Act. The commission shall pay the cost of the bond;
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0010| (12) shall require faithful performance or
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0011| other fidelity bonds of such commission employees and officers
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0012| as the commission deems necessary, as provided in the Surety
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0013| Bond Act. The commission shall pay the costs of any such
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0014| bonds;
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0015| (13) may apply for and receive in the name of
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0016| the commission or the state any public or private funds,
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0017| including United States government funds, available to carry
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0018| out the commission's responsibilities, powers and duties; and
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0019| (14) may adopt such reasonable administrative,
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0020| regulatory and procedural rules and regulations as may be
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0021| necessary or appropriate to carry out its responsibilities,
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0022| powers and duties; provided that this provision does not modify
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0023| or supersede statutory authority to adopt rules and regulations
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0024| with regard to specific areas of regulation. Unless otherwise
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0025| provided by statute, no regulation affecting a person other
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0001| than the commission and its employees shall be adopted, amended
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0002| or repealed except after a public hearing before the commission
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0003| or its designated hearing officer. Notice of the subject
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0004| matter of the regulation, the action proposed to be taken, the
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0005| time and place of the hearing, the manner in which interested
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0006| persons may present their views and the method by which copies
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0007| of the proposed regulation, amendment or repealing provisions
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0008| may be obtained shall be published at least once not less than
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0009| thirty days prior to the hearing date in a newspaper of general
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0010| circulation and mailed not less than thirty days prior to the
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0011| hearing date to all persons who have made a written request for
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0012| advance notice of hearings. All rules and regulations shall be
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0013| filed in accordance with the State Rules Act.
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0014| C. A majority of the commissioners constitutes a
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0015| quorum for the transaction of any business, for the performance
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0016| of any duty or for the exercise of any power of the commission.
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0017| The act of a majority of the commissioners shall be the act of
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0018| the commission.
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0019| D. The attorney general shall advise, represent and
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0020| appear for the commission in all court proceedings. In
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0021| addition, subject to the attorney general's consent and
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0022| approval, the commission may employ or contract with competent
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0023| attorneys to advise the commission and handle in-house legal
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0024| matters and administrative proceedings. If commissioned by the
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0025| attorney general, commission attorneys may represent the
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0001| commission in court proceedings as well.
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0002| Section 9. [NEW MATERIAL] COMMISSION POWERS AND
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0003| DUTIES--CORPORATIONS AND OTHER BUSINESS ENTITIES.--With respect
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0004| to corporations and other business entities placed under the
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0005| commission's regulatory authority by law, the commission shall:
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0006| A. accept, review, approve or disapprove and
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0007| preserve all filings of documents, including articles of
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0008| incorporation, articles of organization, articles of
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0009| dissolution, amendments, annual reports and other corporate and
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0010| business entity documents as provided by law;
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0011| B. issue certificates of incorporation, corporate
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0012| charters, certificates of good standing and other certificates
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0013| and documents as the commission deems appropriate;
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0014| C. collect and deposit all fees with the state
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0015| treasurer; and
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0016| D. carry out all duties and exercise all powers
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0017| provided by law.
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0018| Section 10. [NEW MATERIAL] COMMISSION POWERS AND
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0019| DUTIES--PUBLIC UTILITIES.--With respect to public utilities,
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0020| including utilities supplying natural gas, electricity, water,
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0021| and sewer services, the commission shall carry out its duties
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0022| and exercise its powers as provided by law.
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0023| Section 11. [NEW MATERIAL] COMMISSION POWERS AND
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0024| DUTIES--TRANSPORTATION AND TRANSMISSION COMPANIES AND COMMON
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0025| CARRIERS--APPEALS.--
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0001| A. With respect to transportation and transmission
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0002| companies and common carriers, the commission shall:
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0003| (1) fix, determine, supervise, regulate and
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0004| control all charges and rates of railway, express, telegraph,
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0005| telephone, sleeping car and other transportation and
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0006| transmission companies and common carriers within the state;
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0007| (2) determine any matters of public
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0008| convenience and necessity with respect to matters subject to
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0009| its regulatory authority as provided by law;
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0010| (3) require railway companies and other common
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0011| carriers to provide and maintain adequate equipment, depots,
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0012| stockpens, station buildings, agents and facilities for the
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0013| accommodation of shippers and passengers and for receiving and
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0014| delivering freight and express and to provide and maintain
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0015| necessary crossings, culverts, sidings and other facilities for
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0016| convenience and safety whenever in the commission's judgment
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0017| the public interest demands;
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0018| (4) require intrastate railways,
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0019| transportation companies and common carriers to provide such
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0020| reasonable safety appliances and use such reasonable safety
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0021| practices as may be necessary and proper for the safety of
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0022| employees and the public;
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0023| (5) change, amend and rescind rates;
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0024| (6) adopt, amend and rescind rules and
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0025| regulations;
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0001| (7) enforce its rules and regulations through
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0002| administrative sanctions and in the courts; and
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0003| (8) carry out all other duties and have all
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0004| other powers provided by law.
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0005| B. In fixing rates of telephone and telegraph
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0006| companies, due consideration shall be given to the earnings,
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0007| investment and expenditure as a whole within the state. The
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0008| commission shall include in that consideration the earnings,
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0009| investment and expenditures derived from or related to the sale
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0010| of directory advertising and other directory listing services.
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0011| C. No change in a rate, fare or charge shall be
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0012| collected by any telephone or telegraph company or common
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0013| carrier until the proposed change is approved by the commission
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0014| or, if subject to appeal under this section, until approved by
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0015| the supreme court except as provided otherwise in this section.
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0016| D. The commission may subpoena witnesses and
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0017| documents, enforce its subpoenas through any court and, through
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0018| the court, punish for contempt.
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0019| E. The commission has the power, after notice and
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0020| hearing of record, to determine and decide any question and to
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0021| issue orders relating to its powers and duties under this
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0022| section and Article 11, Section 2 of the constitution of New
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0023| Mexico.
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0024| F. Any interested party may appeal from an order of
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0025| the commission made pursuant to its powers and duties under
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0001| this section and Article 11, Section 2 of the constitution of
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0002| New Mexico by filing a notice of appeal with the commission not
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0003| more than thirty days after the date the order is entered. The
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0004| commission shall transfer and certify the complete record to
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0005| the supreme court, including the docket file, docketing sheet,
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0006| transcripts or tapes and exhibits, not more than thirty days
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0007| after the date the order is entered. The appellant shall pay
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0008| the costs of preparing and transmitting the record to the
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0009| commission.
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0010| G. The pendency of an appeal shall not
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0011| automatically stay the order appealed from. The appellant
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0012| shall seek to obtain a stay from the commission or the supreme
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0013| court.
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0014| H. The appeal shall be on the record of the hearing
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0015| before the commission and shall be governed by the appellate
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0016| rules applicable to administrative appeals. The supreme court
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0017| shall affirm the commission's order unless it is:
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0018| (1) arbitrary, capricious or an abuse of
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0019| discretion;
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0020| (2) not supported by substantial evidence in
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0021| the record; or
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0022| (3) otherwise not in accordance with law.
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0023| I. In the case of a failure or refusal of any
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0024| person to comply with an order of the commission within the
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0025| time prescribed in the order or within thirty days after the
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0001| order is entered, whichever is later, unless a stay has been
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0002| granted, the commission shall seek enforcement of the order in
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0003| the supreme court. The enforcement hearing shall be held on an
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0004| expedited basis. At the hearing, the sole question shall be
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0005| whether the person has failed to comply with or violated the
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0006| order.
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0007| Section 12. [NEW MATERIAL] COMMISSION POWERS AND
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0008| DUTIES--INSURANCE DIVISION AND STATE FIRE MARSHAL.--With
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0009| respect to the insurance division and the office of the state
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0010| fire marshal [division], the commission shall carry out its
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0011| duties and exercise its powers through those agencies as
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0012| provided by law.
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0013| Section 13. PUBLIC REGULATION COMMISSION--ACCEPTING OR
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0014| OFFERING ANYTHING OF VALUE--CONFLICTS OF INTEREST--PENALTY.--
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0015| A. No commissioner, candidate for that office or
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0016| person acting on behalf of either a commissioner or candidate
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0017| shall accept anything of value from a person whose charges for
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0018| services to the public are regulated by the commission.
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0019| B. No person whose charges for services to the
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0020| public are regulated by the commission shall offer, pledge,
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0021| donate, pay, give or grant anything of value, directly or
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0022| indirectly, to a commissioner or candidate for that office or
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0023| to a person acting on behalf of a commissioner or candidate in
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0024| any capacity. The prohibition of this subsection extends to
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0025| the regulated person's officers, employees, servants and
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0001| agents.
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0002| C. No commissioner who is financially interested in
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0003| a matter pending before the commission shall act on the matter.
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0004| D. The attorney general or a district attorney may
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0005| institute a civil action in district court for enforcement of
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0006| this section. An action for relief may include a permanent or
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0007| preliminary injunction, a restraining order or any other
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0008| appropriate order, including a civil penalty of not more than
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0009| five thousand dollars ($5,000) for each violation, and
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0010| forfeiture to the state of anything of value received in
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0011| violation of the provisions of this section. Each unlawful
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0012| offer, pledge, donation, payment, gift or grant, and each
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0013| receipt of any these, shall constitute a separate violation.
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0014| E. A person who knowingly and willfully violates a
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0015| provision of this section is guilty of the following classes of
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0016| crimes, subject to the penalties provided in the Criminal
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0017| Sentencing Act for felonies and in Section 31-19-1 NMSA 1978
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0018| for misdemeanors:
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0019| (1) where the amount is one hundred dollars
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0020| ($100) or less, a petty misdemeanor;
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0021| (2) where the amount is over one hundred
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0022| dollars ($100) but not more than two hundred fifty dollars
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0023| ($250), a misdemeanor;
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0024| (3) where the amount is over two hundred fifty
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0025| dollars ($250) but not more than two thousand five hundred
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0001| dollars ($2,500), a fourth degree felony;
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0002| (4) where the amount is over two thousand five
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0003| hundred dollars but not more than twenty thousand dollars
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0004| ($20,000), a third degree felony; and
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0005| (5) where the amount is over twenty thousand
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0006| dollars ($20,000), a second degree felony.
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0007| F. As used in this section, "anything of value"
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0008| means an aggregate value in any calendar year of more than
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0009| twenty-five dollars ($25.00).
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0010| Section 14. Section 8-1-1 NMSA 1978 (being Laws 1971,
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0011| Chapter 260, Section 1, as amended) is amended to read:
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0012| "8-1-1. COMPENSATION OF ELECTIVE STATE OFFICERS.--
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0013| A. Annual compensation of elective state officers
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0014| shall be paid as follows:
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0015| governor. . . . . . . . . . . . . . . . . . $90,000
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0016| secretary of state. . . . . . . . . . . . . 65,000
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0017| state auditor . . . . . . . . . . . . . . . 65,000
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0018| state treasurer . . . . . . . . . . . . . . 65,000
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0019| attorney general. . . . . . . . . . . . . . 72,500
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0020| commissioner of public lands. . . . . . . . 72,500
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0021| [state corporation] public regulation
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0022| commissioner . . . . . . . . . . . . . . . [65,000]
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0023| 72,500.
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0024| B. Any person succeeding to the office of governor
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0025| as provided in Article 5, Section 7 of the constitution of New
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0001| Mexico shall receive the salary of the office. Every person
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0002| serving as acting governor during the incapacity or absence of
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0003| the governor from the state, other than the secretary of state,
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0004| shall receive one hundred fifty dollars ($150) as compensation
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0005| for each day's service as acting governor.
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0006| C. All compensation under this section shall be
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0007| paid from the general fund, except that the amount paid to the
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0008| commissioner of public lands shall be paid from the state
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0009| [land office] lands maintenance fund."
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0010| Section 15. Section 53-8-2 NMSA 1978 (being Laws 1975,
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0011| Chapter 217, Section 2, as amended) is amended to read:
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0012| "53-8-2. DEFINITIONS.--As used in the Nonprofit
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0013| Corporation Act, unless the context otherwise requires, the
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0014| term:
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0015| A. "corporation" or "domestic corporation" means a
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0016| nonprofit corporation subject to the provisions of the
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0017| Nonprofit Corporation Act, except a foreign corporation;
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0018| B. "foreign corporation" means a nonprofit
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0019| corporation organized under laws other than the laws of New
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0020| Mexico for a purpose [or purposes] for which a corporation
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0021| may be organized under the Nonprofit Corporation Act;
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0022| C. "nonprofit corporation" means a corporation, no
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0023| part of the income or profit of which is distributable to its
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0024| members, directors or officers;
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0025| D. "articles of incorporation" means the original
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0001| or restated articles of incorporation or articles of
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0002| consolidation and all amendments thereto, including articles of
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0003| merger;
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0004| E. "bylaws" means the code [or codes] of rules
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0005| adopted for the regulation or management of the affairs of the
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0006| corporation, irrespective of the name [or names] by which
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0007| such rules are designated;
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0008| F. "member" means one having membership rights in a
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0009| corporation in accordance with the provisions of its articles
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0010| of incorporation or bylaws;
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0011| G. "board of directors" means the group of persons
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0012| vested with the management of the affairs of the corporation,
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0013| irrespective of the name by which such group is designated;
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0014| H. "insolvent" means inability of a corporation to
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0015| pay its debts as they become due in the usual course of its
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0016| affairs;
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0017| I. "commission" or "corporation commission" means
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0018| the [state corporation] public regulation commission or its
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0019| delegate;
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0020| J. "address" means:
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0021| (1) the mailing address and the street
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0022| address, if within a municipality; or
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0023| (2) the mailing address and a rural route
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0024| number and box number, if any, or the geographical location,
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0025| using well-known landmarks, if outside a municipality;
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0001| K. "duplicate original" means a document [which]
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0002| that is signed or executed in duplicate;
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0003| L. "delivery" means:
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0004| (1) if personally served, the date
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0005| documentation is received by the commission's corporation
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0006| department; and
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0007| (2) if mailed to the commission, the date of
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0008| the postmark plus three days, upon proof thereof by the party
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0009| delivering the documentation; and
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0010| M. "person" includes individuals, partnerships,
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0011| corporations and other associations."
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0012| Section 16. Section 53-11-2 NMSA 1978 (being Laws 1967,
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0013| Chapter 81, Section 2, as amended) is amended to read:
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0014| "53-11-2. DEFINITIONS.--As used in the Business
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0015| Corporation Act, unless the text otherwise requires:
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0016| A. "corporation" or "domestic corporation" means a
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0017| corporation for profit subject to the provisions of the
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0018| Business Corporation Act, except a foreign corporation;
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0019| B. "foreign corporation" means a corporation for
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0020| profit organized under laws other than the laws of this state
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0021| for a purpose [or purposes] for which a corporation may be
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0022| organized under the Business Corporation Act;
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0023| C. "articles of incorporation" means the original
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0024| or restated articles of incorporation or articles of
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0025| consolidation and all amendments thereto, including articles of
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0001| merger;
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0002| D. "shares" means the units into which the
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0003| proprietary interests in a corporation are divided;
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0004| E. "subscriber" means one who subscribes for shares
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0005| in a corporation, whether before or after incorporation;
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0006| F. "shareholder" means one who is a holder of
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0007| record of shares in a corporation;
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0008| G. "authorized shares" means the shares of all
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0009| classes [which] that the corporation is authorized to
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0010| issue;
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0011| H. "annual report" means the corporate report
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0012| required by the Corporate Reports Act;
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0013| I. "distribution" means a direct or indirect
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0014| transfer of money or other property (except its own shares) or
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0015| incurrence of indebtedness, by a corporation to or for the
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0016| benefit of any of its shareholders in respect of any of its
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0017| shares, whether by dividend or by purchase redemption or other
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0018| acquisition of its shares, or otherwise;
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0019| J. "franchise tax" means the franchise tax imposed
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0020| by the Corporate Income and Franchise Tax Act;
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0021| K. "fees" means the fees imposed by Section 53-2-1
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0022| NMSA 1978;
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0023| L. "commission" means the [state corporation]
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0024| public regulation commission or its delegate;
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0025| M. "address" means:
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0001| (1) the mailing address and the street
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0002| address, if within a municipality; or
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0003| (2) the mailing address and a rural route
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0004| number and box number, if any, or the geographical location,
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0005| using well-known landmarks, if outside a municipality;
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0006| N. "duplicate original" means a document [which]
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0007| that is signed or executed in duplicate;
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0008| O. "delivery" means:
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0009| (1) if personally served, the date on which
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0010| the documentation is received by the commission's corporation
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0011| department; and
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0012| (2) if mailed, the date of the postmark plus
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0013| three days, upon proof thereof by the party delivering the
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0014| documentation; and
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0015| P. "person" includes individuals, partnerships,
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0016| corporations and other associations."
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0017| Section 17. Section 53-19-2 NMSA 1978 (being Laws 1993,
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0018| Chapter 280, Section 2) is amended to read:
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0019| "53-19-2. DEFINITIONS.--As used in the Limited Liability
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0020| Company Act:
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0021| A. "articles of organization" means the original or
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0022| restated articles filed pursuant to the Limited Liability
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0023| Company Act and any amendments to those articles, including
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0024| articles of merger or consolidation;
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0025| B. "corporation" means an organization incorporated
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0001| under the laws of New Mexico or a foreign corporation;
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0002| C. "commission" means the [state corporation]
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0003| public regulation commission or its designee;
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0004| D. "court" means a court having jurisdiction in the
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0005| case;
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0006| E. "event of dissociation" means an event that
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0007| causes a person to cease to be a member of a limited liability
|
0008| company;
|
0009| F. "foreign corporation" means a corporation that
|
0010| is organized under the laws of another state or a foreign
|
0011| country;
|
0012| G. "foreign limited liability company" means an
|
0013| entity that is:
|
0014| (1) an unincorporated association;
|
0015| (2) organized under the laws of another state
|
0016| or foreign country;
|
0017| (3) organized under a statute pursuant to
|
0018| which an association may be formed that affords to each of its
|
0019| members limited liability with respect to the liabilities of
|
0020| the entity; and
|
0021| (4) is not required to be registered or
|
0022| organized under the laws of New Mexico other than the Limited
|
0023| Liability Company Act;
|
0024| H. "foreign limited partnership" means a limited
|
0025| partnership formed under the laws of another state or a foreign
|
0001| country;
|
0002| I. "limited liability company" or "domestic limited
|
0003| liability company" means an organization formed pursuant to the
|
0004| provisions of the Limited Liability Company Act;
|
0005| J. "limited liability company interest" means a
|
0006| member's or assignee's right to receive distributions and a
|
0007| return of capital from the limited liability company. A
|
0008| member's or assignee's limited liability company interest does
|
0009| not include rights the member or assignee has on account of
|
0010| other matters, such as a right to receive accrued salary for
|
0011| services the member or assignee rendered to, repayment of a
|
0012| loan the member or assignee made to or indemnification by the
|
0013| limited liability company;
|
0014| K. "limited partnership" means a limited
|
0015| partnership under the laws of New Mexico or a foreign limited
|
0016| partnership;
|
0017| L. "manager" means, with respect to a limited
|
0018| liability company that has included a statement in its articles
|
0019| of organization that it is to be managed by a manager [or
|
0020| managers], the person [or persons] designated as
|
0021| [managers] manager in accordance with the articles of
|
0022| organization or an operating agreement;
|
0023| M. "member" means a person who has been admitted to
|
0024| membership in a limited liability company and who has not
|
0025| dissociated from that company;
|
0001| N. "membership interest" or "interest" means a
|
0002| member's limited liability company interest and his rights to
|
0003| participate in management and control of the limited liability
|
0004| company;
|
0005| O. "operating agreement" means a written agreement
|
0006| providing for the conduct of the business and affairs of a
|
0007| limited liability company and that agreement as amended in
|
0008| writing;
|
0009| P. "person" means an individual, a general
|
0010| partnership, a limited partnership, a domestic or foreign
|
0011| limited liability company, a trust, an estate, an association,
|
0012| a corporation or any other legal entity; and
|
0013| Q. "state" means a state, territory or possession
|
0014| of the United States, the District of Columbia or the
|
0015| commonwealth of Puerto Rico."
|
0016| Section 18. Section 59A-1-4 NMSA 1978 (being Laws 1984,
|
0017| Chapter 127, Section 4) is amended to read:
|
0018| "59A-1-4. "CORPORATION COMMISSION" OR "PUBLIC REGULATION
|
0019| COMMISSION".--"Corporation commission" or "public regulation
|
0020| commission" means the [state corporation] public
|
0021| regulation commission [of New Mexico]."
|
0022| Section 19. Section 62-3-3 NMSA 1978 (being Laws 1967,
|
0023| Chapter 96, Section 3, as amended) is amended to read:
|
0024| "62-3-3. DEFINITIONS, WORDS AND PHRASES.--Unless
|
0025| otherwise specified, when used in the Public Utility Act:
|
0001| A. "affiliated interest" means a person who
|
0002| directly or indirectly, through one or more intermediaries,
|
0003| controls or is controlled by or is under common control with a
|
0004| public utility. Control includes instances where a person is
|
0005| an officer, director, partner, trustee or person of similar
|
0006| status or function or who owns directly or indirectly or has a
|
0007| beneficial interest in ten percent or more of any class of
|
0008| securities of a person;
|
0009| B. "commission" means the [New Mexico public
|
0010| utility] public regulation commission;
|
0011| C. "commissioners" means any member of the
|
0012| commission;
|
0013| D. "municipality" means any municipal corporation
|
0014| organized under the laws of the state and H class counties;
|
0015| E. "person" means individuals, firms, partnerships,
|
0016| companies, rural electric cooperatives organized under Laws
|
0017| 1937, Chapter 100 or the Rural Electric Cooperative Act, as
|
0018| amended, corporations and lessees, trustees or receivers
|
0019| appointed by any court. It shall not mean any class A county
|
0020| as described by Section 4-36-10 NMSA 1978 or any class B county
|
0021| as described by Section 4-36-8 NMSA 1978. It shall not mean
|
0022| any municipality as defined in this section unless the
|
0023| municipality has elected to come within the terms of the Public
|
0024| Utility Act as provided in Section 62-6-5 NMSA 1978. In the
|
0025| absence of [such] voluntary election by [any] a
|
0001| municipality to come within the provisions of the Public
|
0002| Utility Act, the municipality shall be expressly excluded from
|
0003| the operation of that act and from the operation of all of its
|
0004| provisions, and no such municipality shall for any purpose be
|
0005| considered a public utility;
|
0006| F. "securities" means stock, stock certificates,
|
0007| bonds, notes, debentures, mortgages or deeds of trust or other
|
0008| evidences of indebtedness issued, executed or assumed by any
|
0009| utility;
|
0010| G. "public utility" or "utility" means every person
|
0011| not engaged solely in interstate business and, except as stated
|
0012| in Sections 62-3-4 and 62-3-4.1 NMSA 1978, that [now does or
|
0013| hereafter] may own, operate, lease or control:
|
0014| (1) any plant, property or facility for the
|
0015| generation, transmission or distribution, sale or furnishing to
|
0016| or for the public of electricity for light, heat or power or
|
0017| other uses;
|
0018| (2) any plant, property or facility for the
|
0019| manufacture, storage, distribution, sale or furnishing to or
|
0020| for the public of natural or manufactured gas or mixed or
|
0021| liquefied petroleum gas, for light, heat or power or for other
|
0022| uses; but the term "public utility" or "utility" shall not
|
0023| include any plant, property or facility used for or in
|
0024| connection with the business of the manufacture, storage,
|
0025| distribution, sale or furnishing of liquefied petroleum gas in
|
0001| enclosed containers or tank truck for use by others than
|
0002| consumers who receive their supply through any pipeline system
|
0003| operating under municipal authority or franchise and
|
0004| distributing to the public;
|
0005| (3) any plant, property or facility for the
|
0006| supplying, storage, distribution or furnishing to or for the
|
0007| public of water for manufacturing, municipal, domestic or other
|
0008| uses; provided, however, nothing contained in this paragraph
|
0009| shall be construed to apply to irrigation systems, the chief or
|
0010| principal business of which is to supply water for the purpose
|
0011| of irrigation;
|
0012| (4) any plant, property or facility for the
|
0013| production, transmission, conveyance, delivery or furnishing to
|
0014| or for the public of steam for heat or power or other uses; or
|
0015| (5) any plant, property or facility for the
|
0016| supplying and furnishing to or for the public of sanitary
|
0017| sewers for transmission and disposal of sewage produced by
|
0018| manufacturing, municipal, domestic or other uses; provided that
|
0019| the terms "public utility" or "utility" as used in the Public
|
0020| Utility Act do not include any utility owned or operated by any
|
0021| class A county as described in Section 4-36-10 NMSA 1978 either
|
0022| directly or through a corporation owned by or under contract
|
0023| with such a county;
|
0024| H. "rate" means every rate, tariff, charge or other
|
0025| compensation for utility service rendered or to be rendered by
|
0001| any utility and every rule, regulation, practice, act,
|
0002| requirement or privilege in any way relating to such rate,
|
0003| tariff, charge or other compensation and any schedule or tariff
|
0004| or part of a schedule or tariff thereof;
|
0005| I. "service" or "service regulation" means every
|
0006| rule, regulation, practice, act or requirement in any way
|
0007| relating to the service or facility of a utility;
|
0008| J. "Class I transaction" means the sale, lease or
|
0009| provision of real property, water rights or other goods or
|
0010| services by an affiliated interest to any public utility with
|
0011| which it is affiliated or by a public utility to its affiliated
|
0012| interest;
|
0013| K. "Class II transaction" means:
|
0014| (1) the formation after May 19, 1982 of a
|
0015| corporate subsidiary by a public utility or a public utility
|
0016| holding company by a public utility or its affiliated interest;
|
0017| (2) the direct acquisition of the voting
|
0018| securities or other direct ownership interests of a person by a
|
0019| public utility if such acquisition would make the
|
0020| utility the owner of ten percent or more of the voting
|
0021| securities or other direct ownership interests of that person;
|
0022| (3) the agreement by a public utility to
|
0023| purchase securities or other ownership interest of a person
|
0024| other than a nonprofit corporation, contribute additional
|
0025| equity to, acquire additional equity interest in or pay or
|
0001| guarantee any bonds, notes, debentures, deeds of trust or other
|
0002| evidence of indebtedness of any such person; provided, however,
|
0003| that a public utility may honor all agreements entered into by
|
0004| such utility prior to May 19, 1982; or
|
0005| (4) the divestiture by a public utility of any
|
0006| affiliated interest that is a corporate subsidiary of the
|
0007| public utility;
|
0008| L. "corporate subsidiary" means any person ten
|
0009| percent or more of whose voting securities or other ownership
|
0010| interests are directly owned by a public utility; and
|
0011| M. "public utility holding company" means an
|
0012| affiliated interest that controls a public utility through the
|
0013| direct or indirect ownership of voting securities of such
|
0014| public utility."
|
0015| Section 20. Section 59A-13-2 NMSA 1978 (being Laws 1984,
|
0016| Chapter 127, Section 230, as amended) is amended to read:
|
0017| "59A-13-2. DEFINITIONS.--
|
0018| A. For the purposes of the Insurance Code:
|
0019| (1) "adjuster" is any person:
|
0020| (a) who or which investigates,
|
0021| negotiates, settles or adjusts losses or claims arising under
|
0022| insurance contracts on behalf of an insurer, insured or self-
|
0023| insurer, for fee, commission or other compensation; however, an
|
0024| adjuster acting on behalf of an insured shall not investigate,
|
0025| negotiate, settle or adjust any claims involving personal
|
0001| injury to the insured; and
|
0002| (b) who [shall advise] advises the
|
0003| insured of his rights to settlement and his rights to settle,
|
0004| arbitrate and litigate the dispute;
|
0005| (2) "staff adjuster" is an adjuster individual
|
0006| who is a salaried employee of an insurer, representing and
|
0007| adjusting claims solely under policies of the employer insurer;
|
0008| and
|
0009| (3) "independent adjuster" is every adjuster
|
0010| not a staff adjuster and includes representatives and employees
|
0011| of such an independent adjuster.
|
0012| B. Except as provided hereafter, "adjuster" does
|
0013| not include:
|
0014| (1) an attorney-at-law who adjusts insurance
|
0015| losses or claims from time to time incidental to practice of
|
0016| law and who does not advertise or represent himself to be an
|
0017| adjuster;
|
0018| (2) a licensed agent or general agent of an
|
0019| authorized insurer, or an employee of such an agent or general
|
0020| agent, who adjusts claims or losses under specific authority
|
0021| from such insurer and solely under policies issued by such
|
0022| insurer;
|
0023| (3) an agent or employee of a life or health
|
0024| insurer who adjusts claims or losses under such insurer's
|
0025| policies; or
|
0001| (4) salaried or part-time claims agents or
|
0002| investigators employed by self-insured persons subject to
|
0003| regulation pursuant to Section [7, Article ll of the
|
0004| constitution of New Mexico] 11 of the Public Regulation
|
0005| Commission Act."
|
0006| Section 21. Section 62-3-4 NMSA 1978 (being Laws 1967,
|
0007| Chapter 96, Section 4, as amended) is amended to read:
|
0008| "62-3-4. LIMITATIONS AND EXCEPTIONS.--The term "public
|
0009| utility" or "utility", when used in the Public Utility Act, as
|
0010| amended, shall not include:
|
0011| A. any person not otherwise a public utility who
|
0012| furnishes the service or commodity only to himself, his
|
0013| employees or tenants, when such service or commodity is not
|
0014| resold to or used by others, or who engages in the retail
|
0015| distribution of natural gas for vehicular fuel; or
|
0016| B. a corporation engaged in the business of
|
0017| operating a railroad and that does not primarily engage in the
|
0018| business of selling the service or commodity but that only
|
0019| incidentally to its railroad business or occasionally furnishes
|
0020| the service or commodity to another under a separate limited or
|
0021| revocable agreement or sells to a utility or municipality for
|
0022| resale, or that sells the service or commodity to another
|
0023| railroad, the state or federal government or a governmental
|
0024| agency, or that sells or gives for a consideration under
|
0025| revocable agreements or permits quantities of water out of any
|
0001| surplus of water supply acquired and held by it primarily for
|
0002| railroad purposes; and such railroad corporation shall not be
|
0003| subject to any of the provisions of the Public Utility Act.
|
0004| The business of any public utility other than of the
|
0005| character defined in Subsection G of Section 62-3-3 NMSA 1978
|
0006| is not subject to provisions of the Public Utility Act, as
|
0007| amended. [Nothing contained in that act shall be construed as
|
0008| giving to the commission any powers or jurisdiction over public
|
0009| utilities covered by Section 7 of Article 11 of the
|
0010| constitution of New Mexico.]"
|
0011| Section 22. Section 63-7-1 NMSA 1978 (being Laws 1912,
|
0012| Chapter 78, Section 1, as amended) is amended to read:
|
0013| "63-7-1. PUBLIC REGULATION COMMISSION--TERMS DEFINED--
|
0014| OFFICE--ORGANIZATION.--[SEC. 59.] As used in Chapter 63,
|
0015| Article 7 NMSA 1978, the terms "commission" and "clerk"
|
0016| [where used in this article shall] mean [respectively, the
|
0017| state corporation commission and the clerk thereof. The office
|
0018| of the commission shall be located in the city of Santa Fe, New
|
0019| Mexico. The commission shall annually elect one of its members
|
0020| chairman, who shall preside at hearings, and, in the absence of
|
0021| the chairman, it may appoint any other member to preside] the
|
0022| public regulation commission."
|
0023| Section 23. Section 63-7-20 NMSA 1978 (being Laws 1951,
|
0024| Chapter 194, Section 1, as amended) is amended to read:
|
0025| "63-7-20. UTILITY AND CARRIER INSPECTION--FEE.--Each
|
0001| utility and carrier doing business in this state [which]
|
0002| that is subject to the control and jurisdiction of the
|
0003| commission by virtue of the provisions of Article 11 of the
|
0004| constitution of New Mexico and Section 11 of the Public
|
0005| Regulation Commission Act with respect to its rates and
|
0006| service shall pay annually to the commission a fee in
|
0007| performance of its duties as now provided by law. The fee for
|
0008| carriers shall not exceed one-fourth of one percent of its
|
0009| gross receipts from business transacted in New Mexico for the
|
0010| preceding calendar year. The fee for utilities shall not
|
0011| exceed one-half of one percent of its gross receipts from
|
0012| business transacted in New Mexico for the preceding calendar
|
0013| year. This sum shall be payable annually on or before January
|
0014| 20 or in equal quarterly installments on or before January 20,
|
0015| April 20, July 20 and October 20 in each year. No similar fee
|
0016| shall be imposed upon the utility or carrier. In the case of
|
0017| utilities or carriers engaged in interstate business, the fees
|
0018| shall be measured by the gross receipts of the utilities or
|
0019| carriers from intrastate business only for the preceding
|
0020| calendar year and not in any respect upon receipts derived
|
0021| wholly or in part from interstate business. As used in this
|
0022| section, "utility" includes telephone companies and
|
0023| transmission companies."
|
0024| Section 24. Section 63-7-23 NMSA 1978 (being Laws 1995,
|
0025| Chapter 175, Section 1) is amended to read:
|
0001| "63-7-23. TELECOMMUNICATIONS--ADMINISTRATIVE FINES.--
|
0002| A. For purposes of this section:
|
0003| (1) "commission" means the [state
|
0004| corporation] public regulation commission; and
|
0005| (2) "telecommunications provider" means any
|
0006| telegraph company, telephone company, transmission company,
|
0007| telecommunications common carrier, telecommunications company,
|
0008| cellular service company or pay telephone provider regulated in
|
0009| whole or in part by the commission under law, including but not
|
0010| limited to Article 11 of the constitution of New Mexico,
|
0011| Section 11 of the Public Regulation Commission Act, the
|
0012| Telephone and Telegraph Company Certification Act, the New
|
0013| Mexico Telecommunications Act, the Cellular Telephone Services
|
0014| Act and Sections 63-9E-1 and 63-9E-3 NMSA 1978.
|
0015| B. The commission may impose an administrative fine
|
0016| on a telecommunications provider for any act or omission that
|
0017| the provider knew or should have known was a violation
|
0018| of any applicable law or rule or order of the commission.
|
0019| C. An administrative fine of not more than one
|
0020| thousand dollars ($1,000) may be imposed for each violation or
|
0021| each of multiple violations arising out of the same facts, up
|
0022| to a maximum of twenty-five thousand dollars ($25,000), or an
|
0023| administrative fine of not more than one thousand dollars
|
0024| ($1,000) may be imposed for each day of a continuing violation
|
0025| or violations arising out of the same facts, up to a maximum of
|
0001| twenty-five thousand dollars ($25,000). Notwithstanding any
|
0002| other provision of this subsection, the commission may impose
|
0003| an administrative fine not to exceed twenty-five thousand
|
0004| dollars ($25,000) for a single violation:
|
0005| (1) that results in substantial harm to the
|
0006| customers of the telecommunications provider or substantial
|
0007| harm to the public interest; or
|
0008| (2) for failure to obtain a certificate of
|
0009| public convenience and necessity required by law or for
|
0010| operation outside the scope of any such certificate.
|
0011| D. The commission shall initiate a proceeding to
|
0012| impose an administrative fine by giving written notice to the
|
0013| provider that the commission has facts as set forth in the
|
0014| notice that, if not rebutted, may lead to the imposition of an
|
0015| administrative fine under this section and that the
|
0016| telecommunications provider has an opportunity for a hearing.
|
0017| The commission may only impose an administrative fine by
|
0018| written order that, in the case of contested proceedings, shall
|
0019| be supported by a preponderance of the evidence.
|
0020| E. The commission may initiate a proceeding to
|
0021| impose an administrative fine within two years from the date of
|
0022| the commission's discovery of the violation, but in no event
|
0023| shall a proceeding be initiated more than five years after the
|
0024| date of the violation. This limitation shall not run against
|
0025| any act or omission constituting a violation under this section
|
0001| for any period during which the telecommunications provider has
|
0002| fraudulently concealed the violation.
|
0003| F. The commission shall consider mitigating and
|
0004| aggravating circumstances in determining the amount of
|
0005| administrative fine imposed.
|
0006| G. For purposes of establishing a violation, the
|
0007| act or omission of any officer, agent or employee of a
|
0008| telecommunications provider, within the scope of such person's
|
0009| authority, duties or employment, shall be deemed the act or
|
0010| omission of the telecommunications provider.
|
0011| H. Any telecommunications provider or other person
|
0012| aggrieved by an order assessing an administrative fine may
|
0013| [remove] appeal the order to the supreme court of New
|
0014| Mexico as authorized by the provisions of [Article 11, Section
|
0015| 7 of the constitution of New Mexico] Section 11 of the Public
|
0016| Regulation Commission Act. [Any telecommunications provider
|
0017| or other person aggrieved by an order assessing an
|
0018| administrative fine that is not removable to the supreme court
|
0019| of New Mexico under the provisions of Article 11, Section 7 of
|
0020| the constitution of New Mexico may file a notice of appeal in
|
0021| the supreme court of New Mexico asking for a review of the
|
0022| commission's order therein.] A notice of appeal shall be
|
0023| filed within thirty days after the entry of the commission's
|
0024| order. Notice of appeal shall name the commission as appellee
|
0025| and shall identify the order from which the appeal is taken.
|
0001| I. The commission shall promulgate procedural rules
|
0002| and regulations for the implementation of this section."
|
0003| Section 25. Section 63-8-1 NMSA 1978 (being Laws 1955,
|
0004| Chapter 43, Section 1, as amended) is amended to read:
|
0005| "63-8-1. DUTIES OF THE COMMISSION.--For the purpose of
|
0006| protecting the health and safety of employees of railroads, the
|
0007| [state corporation] public regulation commission,
|
0008| hereinafter called the "commission", shall prescribe standards
|
0009| of safety and safety devices requiring:
|
0010| A. the installation and maintenance by railroads of
|
0011| electric marker warning lights or a single electric marker
|
0012| warning light on the rear of all trains, with sufficient candle
|
0013| power to be visible at a distance of three thousand feet under
|
0014| ordinary atmospheric conditions; and
|
0015| B. the installation and maintenance by railroads of
|
0016| adequate electrical lighting within cabooses for clerical
|
0017| work."
|
0018| Section 26. Section 63-9-2 NMSA 1978 (being Laws 1965,
|
0019| Chapter 292, Section 2, as amended) is amended to read:
|
0020| "63-9-2. DEFINITIONS.--As used in the Telephone and
|
0021| Telegraph Company Certification Act:
|
0022| A. "commission" means the [state corporation]
|
0023| public regulation commission;
|
0024| B. "telephone company" means a company,
|
0025| corporation, partnership, individual or others, not engaged
|
0001| solely in interstate business, furnishing mobile telephone
|
0002| service or radio paging;
|
0003| C. "public utility telephone service" means making
|
0004| and offering mobile telephone or radio paging service to or for
|
0005| the public generally and being ready, willing and able to
|
0006| furnish such service with adequate equipment; and
|
0007| D. "certificated area" means the geographical area
|
0008| [which] that a telephone company is authorized to serve by
|
0009| a certificate of public convenience and necessity and [which]
|
0010| that is defined on the map as part of the certificate."
|
0011| Section 27. Section 63-9-6 NMSA 1978 (being Laws 1965,
|
0012| Chapter 292, Section 6) is amended to read:
|
0013| "63-9-6. ISSUANCE OF CERTIFICATE--TERRITORY ON MAP.--
|
0014| A. After conclusion of a hearing on an application
|
0015| for a certificate of convenience and necessity, the commission
|
0016| shall make and file an order containing its findings of fact
|
0017| and decision. The order shall become operative twenty days
|
0018| after issuance, except as the commission may otherwise provide.
|
0019| B. [The commission shall grant all certificates as
|
0020| required by Section 4 of this act.
|
0021| C. As to all applications other than those based
|
0022| upon Section 4 of this act] The commission has the power,
|
0023| after having determined public convenience and necessity, to
|
0024| grant a certificate as applied for or to refuse to grant it or
|
0025| to grant it for the construction or operation of only a portion
|
0001| of the contemplated plant or system or extension [thereof] or
|
0002| for the partial exercise only of the rights and privilege
|
0003| sought and may attach to the exercise of the rights and
|
0004| privilege granted by a certificate such terms and conditions as
|
0005| in its judgment the public convenience and necessity may re-
|
0006|
|
0007| quire.
|
0008| [D.] C. The geographical field or area that a
|
0009| telephone company is authorized and required to serve by a
|
0010| certificate shall be defined on a map which [will] shall be
|
0011| part of the certificate. The commission shall prescribe the
|
0012| form of the map to be used."
|
0013| Section 28. Section 63-9-9 NMSA 1978 (being Laws 1965,
|
0014| Chapter 292, Section 9) is amended to read:
|
0015| "63-9-9. NONDUPLICATION IN CERTIFICATED AREAS.--
|
0016| A. It shall [hereafter] be unlawful to construct,
|
0017| own, operate, manage, lease or control any plant or equipment
|
0018| for the furnishing of telephone or telegraph service
|
0019| contemplated by Article [XI] 11, Section [7] 2 of the
|
0020| constitution of New Mexico, the Public Regulation Commission
|
0021| Act and this [act] article, in any certificated area
|
0022| granted to another telephone company unless public convenience
|
0023| and necessity [shall require such] requires the second
|
0024| plant or equipment.
|
0025| B. Any person, corporation, municipal corporation,
|
0001| partnership or association proposing to construct or operate
|
0002| [such] the second plant or equipment shall first file an
|
0003| application with the commission, to which application the
|
0004| authority proposing to authorize the construction of [such]
|
0005| the second plant or equipment and the owner, manager or
|
0006| operator of the plant or equipment then in operation shall be
|
0007| made parties. The applications shall set up the reasons why
|
0008| public convenience and necessity require [such] the second
|
0009| plant or equipment. In determining whether the public
|
0010| convenience and necessity require [such] the second plant
|
0011| or equipment, the commission shall consider and determine upon
|
0012| substantial evidence whether the following conditions existed
|
0013| at the time of the filing of [said] the application:
|
0014| (1) the existing telephone or telegraph
|
0015| service is inadequate to meet the reasonable needs and
|
0016| convenience of the public;
|
0017| (2) the proposed second plant or equipment
|
0018| would eliminate such inadequacy;
|
0019| (3) it is economically feasible to operate the
|
0020| proposed second plant or equipment successfully and
|
0021| continuously for the furnishing of telephone or telegraph
|
0022| service;
|
0023| (4) the applicant for [said] the second
|
0024| plant or equipment has sufficient financial resources to
|
0025| provide the proposed telephone or telegraph service properly
|
0001| and continuously;
|
0002| (5) the applicant for [said] the second
|
0003| plant or equipment has competent and experienced management and
|
0004| personnel to provide the proposed telephone or telegraph
|
0005| service;
|
0006| (6) the applicant for [said] the second
|
0007| plant or equipment is willing and able to conform to the
|
0008| constitution and law of [the state of] New Mexico and the
|
0009| rules and regulations of the commission; and
|
0010| (7) the applicant for [said] the second
|
0011| plant or equipment is in every respect willing and able to
|
0012| provide the proposed telephone or telegraph service properly.
|
0013| C. If the commission [shall find] finds upon
|
0014| substantial evidence that each of the [foregoing] conditions
|
0015| enumerated in Paragraphs (1) through (7) of Subsection B of
|
0016| this section existed at the time of filing [said] the ap-
|
0017|
|
0018| plication and after determining that the public convenience and
|
0019| necessity require that additional plant or equipment is
|
0020| necessary, the commission shall issue an order in the
|
0021| alternative directing the owner, manager or operator of the
|
0022| plant or equipment then in operation to make such changes and
|
0023| additions in plant as may be reasonably necessary to meet the
|
0024| public convenience and necessity within not less than ninety
|
0025| days or such other additional time as the commission finds from
|
0001| the testimony would be reasonably required to expeditiously
|
0002| make the changes and additions specified and required by the
|
0003| commission. [Such] The order shall specifically direct
|
0004| what changes or additions in plant shall be made or what
|
0005| services shall be provided. If such changes or additions are
|
0006| not made within the time ordered by the commission or such
|
0007| additional time as may be ordered, then a certificate of public
|
0008| convenience and necessity for such second plant or equipment
|
0009| may issue."
|
0010| Section 29. Section 63-9-13 NMSA 1978 (being Laws 1965,
|
0011| Chapter 292, Section 13) is amended to read:
|
0012| "63-9-13. ACTION TO SET ASIDE [NONREMOVABLE] CERTAIN
|
0013| ORDERS OF THE COMMISSION.--
|
0014| A. Any telephone company and any other person in
|
0015| interest being aggrieved by an order or determination of the
|
0016| commission in connection with the issuance or nonissuance of a
|
0017| certificate of public convenience and necessity not
|
0018| [removable] appealable to the supreme court of New Mexico
|
0019| under the provisions of [Article XI, Section 7 of the
|
0020| constitution of New Mexico] Section 11 of the Public
|
0021| Regulation Commission Act may commence an action in the
|
0022| district court for Santa Fe county against the commission as
|
0023| defendant to set aside the order or determination.
|
0024| B. If after review of the record made before the
|
0025| commission the district court finds an order or determination
|
0001| arbitrary, capricious, unsupported by substantial evidence or
|
0002| unlawful, it can set [it] the order or determination aside
|
0003| and may grant relief by injunction, mandamus or other extra-
|
0004|
|
0005| ordinary remedy.
|
0006| C. In any action [hereunder] pursuant to this
|
0007| section, the complaint shall be served with the summons. The
|
0008| answer of the commission to the complaint shall be served and
|
0009| filed within [twenty] thirty days after service of the
|
0010| complaint, whereupon [said] the action shall be at issue
|
0011| without further pleading and stand ready for trial upon ten
|
0012| days' notice.
|
0013| D. Any person not a party to the action but having
|
0014| an interest in the subject [thereof] may be made a party upon
|
0015| order of the court.
|
0016| E. All such actions shall have precedence over any
|
0017| civil cause of a different nature, and the district court shall
|
0018| always be deemed open for the trial [thereof] of such
|
0019| actions."
|
0020| Section 30. Section 63-9-14 NMSA 1978 (being Laws 1965,
|
0021| Chapter 292, Section 14) is amended to read:
|
0022| "63-9-14. TIME LIMIT FOR SEEKING RECOURSE IN THE COURTS.-
|
0023| -Every action to vacate or set aside any determination or order
|
0024| of the commission or to enjoin the enforcement [thereof] or
|
0025| to prevent [such] the order or determination from becoming
|
0001| effective shall be commenced and every appeal [removal] or
|
0002| right of recourse to the courts shall be taken or exercised
|
0003| within [ninety] thirty days after the entry or rendition of
|
0004| the order or determination. The right to commence any such
|
0005| action or to take or exercise any appeal or right of recourse
|
0006| to the courts shall terminate absolutely at the end of the
|
0007| [ninety] thirty days."
|
0008| Section 31. Section 63-9-16 NMSA 1978 (being Laws 1965,
|
0009| Chapter 292, Section 16) is amended to read:
|
0010| "63-9-16. APPEAL TO SUPREME COURT.--Any party to an
|
0011| action to set aside a [nonremovable] commission order or
|
0012| determination not subject to appeal under the provisions of
|
0013| Section 11 of the Public Regulation Commission Act may appeal
|
0014| within [sixty days after service of a copy] thirty days
|
0015| after entry of the order or judgment of the district court
|
0016| [may appeal] to the supreme court and the cause shall be
|
0017| placed on the calendar of the then pending term and shall be
|
0018| assigned and brought to a hearing in the same manner as other
|
0019| causes on the calendar."
|
0020| Section 32. Section 63-9-19 NMSA 1978 (being Laws 1965,
|
0021| Chapter 292, Section 19) is amended to read:
|
0022| "63-9-19. INJUNCTIONS--CONTEMPT.--In any matter not
|
0023| [removable] appealable to the supreme court of New Mexico
|
0024| under the provisions of [Article XI, Section 7 of the
|
0025| constitution of New Mexico] Section 11 of the Public
|
0001| Regulation Commission Act, the commission may apply to courts
|
0002| having jurisdiction for injunctions to prevent violations of
|
0003| any provision of [this] the Telephone and Telegraph Company
|
0004| Certification Act or of any rule or order of the commission in
|
0005| connection with the issuance or nonissuance of certificates of
|
0006| public [necessity and] convenience and necessity pursuant
|
0007| to [this] that act. [and] Such courts shall have power
|
0008| to grant such injunctions and to enforce [such injunctions]
|
0009| them by contempt procedure."
|
0010| Section 33. Section 63-9A-3 NMSA 1978 (being Laws 1985,
|
0011| Chapter 242, Section 3, as amended) is amended to read:
|
0012| "63-9A-3. DEFINITIONS.--As used in the New Mexico
|
0013| Telecommunications Act:
|
0014| A. "affordable rates" means local exchange service
|
0015| rates that promote universal service within a local exchange
|
0016| service area, giving consideration to the economic conditions
|
0017| and costs to provide service in such area;
|
0018| B. "cable television service" means the one-way
|
0019| transmission to subscribers of video programming or other
|
0020| programming service and subscriber interaction, if any,
|
0021| [which] that is required for the selection of such video
|
0022| programming or other programming service;
|
0023| C. "commission" means the [state corporation]
|
0024| public regulation commission;
|
0025| D. "competitive telecommunications service" means a
|
0001| service [which] that has been determined to be subject to
|
0002| effective competition pursuant to Section 63-9A-8 NMSA 1978;
|
0003| E. "effective competition" means that the customers
|
0004| of the service have reasonably available and comparable
|
0005| alternatives to the service;
|
0006| F. "fund" means the New Mexico universal service
|
0007| fund;
|
0008| G. "local exchange area" means a geographic area
|
0009| encompassing one or more local communities, as described in
|
0010| maps, tariffs or rate schedules filed with the commission,
|
0011| where local exchange rates apply;
|
0012| H. "local exchange service" means the transmission
|
0013| of two-way interactive switched voice communications furnished
|
0014| by a telecommunications company within a local exchange area;
|
0015| I. "message telecommunications service" means
|
0016| telecommunications service between local exchange areas within
|
0017| the state for which charges are made on a per-unit basis, not
|
0018| including wide area telecommunications service, or its
|
0019| equivalent, or individually negotiated contracts for
|
0020| telecommunications services;
|
0021| J. "noncompetitive telecommunications service"
|
0022| means a service [which] that has not been determined to be
|
0023| subject to effective competition pursuant to Section 63-9A-8
|
0024| NMSA 1978;
|
0025| K. "private telecommunications service" means a
|
0001| system, including the construction, maintenance or operation
|
0002| thereof, for the provision of telecommunications service, or
|
0003| any portion of such service, by a person or entity for the sole
|
0004| and exclusive use of that person or entity and not for resale,
|
0005| directly or indirectly. For purposes of this definition, the
|
0006| person or entity [which] that may use such service includes
|
0007| any affiliates of the person or entity, provided that at least
|
0008| eighty percent of the assets or voting stock of the affiliates
|
0009| is owned by the person or entity. If any other person or
|
0010| entity uses the telecommunications service, whether for hire or
|
0011| not, the private telecommunications service is a public
|
0012| telecommunications service;
|
0013| L. "public telecommunications service" means the
|
0014| transmission of signs, signals, writings, images, sounds,
|
0015| messages, data or other information of any nature by wire,
|
0016| radio, lightwaves or other electromagnetic means originating
|
0017| and terminating in this state regardless of actual call
|
0018| routing. "Public telecommunications service" does not include
|
0019| the provision of terminal equipment used to originate or
|
0020| terminate such service; private telecommunications service;
|
0021| broadcast transmissions by radio, television and satellite
|
0022| broadcast stations regulated by the federal communications
|
0023| commission; radio common carrier services, including but not
|
0024| limited to mobile telephone service and radio paging; or one-
|
0025| way cable television service; and
|
0001| M. "telecommunications company" means an
|
0002| individual, corporation, partnership, joint venture, company,
|
0003| firm, association, proprietorship or other entity [which]
|
0004| that provides public telecommunications service."
|
0005| Section 34. Section 63-9A-14 NMSA 1978 (being Laws 1985,
|
0006| Chapter 242, Section 14) is amended to read:
|
0007| "63-9A-14. ACTION TO SET ASIDE [NONREMOVABLE] ORDERS OF
|
0008| THE COMMISSION.--Any provider of telecommunications services
|
0009| and any other person in interest being aggrieved by an order or
|
0010| determination of the commission under the New Mexico
|
0011| Telecommunications Act [not removable to the supreme court of
|
0012| New Mexico under the provisions of Article 11, Section 7 of the
|
0013| constitution of New Mexico] may file a notice of appeal in
|
0014| the supreme court asking for a review of the commission's final
|
0015| orders. [therein. A] The notice of appeal [must]
|
0016| shall be filed within thirty days after the entry of the
|
0017| commission's final order. Every notice of appeal shall name
|
0018| the [state corporation] public regulation commission as
|
0019| appellee and shall identify the order from which the appeal is
|
0020| taken. Any person whose rights may be directly affected by the
|
0021| appeal may appear and become a party, or the supreme court may
|
0022| upon proper notice order any person to be joined as a party."
|
0023| Section 35. Section 63-9A-20 NMSA 1978 (being Laws 1985,
|
0024| Chapter 242, Section 20) is amended to read:
|
0025| "63-9A-20. INJUNCTIONS--CONTEMPT.--In any matter not
|
0001| [removable] appealable to the supreme court of New Mexico
|
0002| under the provisions of [Article 11, Section 7 of the
|
0003| constitution of New Mexico] Section 11 of the Public
|
0004| Regulation Commission Act, the commission may apply to courts
|
0005| having jurisdiction for injunctions to prevent violations of
|
0006| any provision of the New Mexico Telecommunications Act or of
|
0007| any rule or order of the commission issued pursuant to that
|
0008| act. [and] Such courts shall have power to grant such
|
0009| injunctions and to enforce [such injunctions] them by
|
0010| contempt procedure."
|
0011| Section 36. Section 63-9B-3 NMSA 1978 (being Laws 1987,
|
0012| Chapter 296, Section 3) is amended to read:
|
0013| "63-9B-3. DEFINITIONS.--As used in the Cellular Telephone
|
0014| Services Act:
|
0015| A. "commission" means the [state corporation]
|
0016| public regulation commission;
|
0017| B. "cellular service company" means a cellular
|
0018| telephone company that uses cellular telephone equipment and is
|
0019| a radio common carrier or telephone or telecommunications
|
0020| company licensed by the federal communications commission and
|
0021| operates within the [800] eight hundred megahertz band of
|
0022| frequency. A cellular service company operates a cellular
|
0023| system [which] that is a high capacity land mobile system
|
0024| in which assigned spectrum is divided into discrete channels
|
0025| [which] that are assigned in groups to geographic cells
|
0001| covering a cellular geographic area, as defined by the federal
|
0002| communications commission. "Cellular service company" does not
|
0003| include noncellular radio common carrier service, including but
|
0004| not limited to noncellular mobile telephone service, radio-
|
0005| paging service or one-way cable television service; and
|
0006| C. "certificated area" means the geographical area
|
0007| [which] that a cellular service company is authorized to
|
0008| serve by a certificate of public convenience and necessity and
|
0009| [which] that is defined on the map as part of the
|
0010| certificate issued under such law authorizing the issuance of a
|
0011| certificate of public convenience and necessity for such
|
0012| purpose."
|
0013| Section 37. Section 63-9B-8 NMSA 1978 (being Laws 1987,
|
0014| Chapter 296, Section 8) is amended to read:
|
0015| "63-9B-8. ACTION TO SET ASIDE [NONREMOVABLE] CERTAIN
|
0016| ORDERS OF THE COMMISSION.--Any cellular service company and any
|
0017| other person in interest being aggrieved by an order or
|
0018| determination of the commission under the Cellular Telephone
|
0019| Services Act [not removable to the supreme court of New
|
0020| Mexico under the provisions of Article 11, Section 7 of the
|
0021| constitution of New Mexico] may file a notice of appeal in
|
0022| the supreme court asking for a review of the commission's final
|
0023| orders. [A] The notice of appeal shall be filed within
|
0024| thirty days after the entry of the commission's final order.
|
0025| Every notice of appeal shall name the commission as appellee
|
0001| and shall identify the order from which the appeal is taken.
|
0002| Any person whose rights may be directly affected by the appeal
|
0003| may appear and become a party, or the supreme court may upon
|
0004| proper notice order any person to be joined as a party."
|
0005| Section 38. Section 63-9B-14 NMSA 1978 (being Laws 1987,
|
0006| Chapter 296, Section 14) is amended to read:
|
0007| "63-9B-14. INJUNCTIONS--CONTEMPT.--In any matter not
|
0008| [removable] appealable to the supreme court of New Mexico
|
0009| under the provisions of [Article 11, Section 7 of the
|
0010| constitution of New Mexico] Section 11 of the Public
|
0011| Regulation Commission Act, the commission may apply to courts
|
0012| having jurisdiction for injunctions to prevent violations of
|
0013| any provision of the Cellular Telephone Services Act or of any
|
0014| rule or order of the commission issued pursuant to that act.
|
0015| [and] The courts shall have power to grant such injunctions
|
0016| and to enforce [injunctions] them by contempt procedure."
|
0017| Section 39. Section 63-9C-3 NMSA 1978 (being Laws 1987,
|
0018| Chapter 197, Section 3) is amended to read:
|
0019| "63-9C-3. DEFINITIONS.--As used in the Low-Income
|
0020| Telephone Service Assistance Act:
|
0021| A. "commission" means the [state corporation]
|
0022| public regulation commission;
|
0023| B. "department" means the human services
|
0024| department; and
|
0025| C. "local exchange company" means a person,
|
0001| company, corporation, partnership, cooperative, joint venture
|
0002| or other business organization or association not engaged
|
0003| solely in interstate business [which] that provides
|
0004| services or facilities for the transmission of two-way
|
0005| interactive switched voice communications over a telephone line
|
0006| within a local exchange area for single-line customers."
|
0007| Section 40. Section 63-9D-3 NMSA 1978 (being Laws 1989,
|
0008| Chapter 25, Section 3, as amended) is amended to read:
|
0009| "63-9D-3. DEFINITIONS.--As used in the Enhanced 911 Act:
|
0010| A. "911 emergency surcharge" means the monthly
|
0011| uniform charge assessed on each local exchange service customer
|
0012| in the state for each local exchange access line to pay for the
|
0013| purchase, lease, installation and maintenance of equipment
|
0014| necessary for the establishment of a 911 system, including the
|
0015| repayment of bonds issued pursuant to the Enhanced 911 Bond
|
0016| Act;
|
0017| B. "911 service area" means the area within a local
|
0018| governing body's jurisdiction that has been designated by the
|
0019| local governing body or the division to receive enhanced 911
|
0020| service;
|
0021| C. "911 system" means the basic 911 system or the
|
0022| enhanced 911 system;
|
0023| D. "basic 911 system" means a telephone service
|
0024| that automatically connects a person dialing the single three-
|
0025| digit number 911 to an established public safety answering
|
0001| point through normal telephone service facilities;
|
0002| E. "commission" means the [state corporation]
|
0003| public regulation commission;
|
0004| F. "department" means the taxation and revenue
|
0005| department;
|
0006| G. "division" means the local government division
|
0007| of the department of finance and administration;
|
0008| H. "enhanced 911 system" means a telephone system
|
0009| consisting of network, database and on-premises equipment that
|
0010| utilizes the single three-digit number 911 for reporting
|
0011| police, fire, medical or other emergency situations, thereby
|
0012| enabling the users of a public telephone system to reach a
|
0013| public safety answering point to report emergencies by dialing
|
0014| 911, and includes the capability to:
|
0015| (1) selectively route incoming 911 calls to
|
0016| the appropriate public safety answering point operating in a
|
0017| 911 service area; and
|
0018| (2) automatically display the name, address
|
0019| and telephone number of an incoming 911 call on a video monitor
|
0020| at the appropriate public safety answering point;
|
0021| I. "enhanced 911 equipment" means the customer
|
0022| premises equipment directly related to the operation of an
|
0023| enhanced 911 system, including, but not limited to, automatic
|
0024| number identification or automatic location identification
|
0025| controllers and display units, printers, cathode ray tubes and
|
0001| software associated with call detail recording;
|
0002| J. "equipment supplier" means any person or entity
|
0003| who provides or offers to provide telecommunications equipment
|
0004| necessary for the establishment of enhanced 911 services;
|
0005| K. "local 911 surcharge" means the additional
|
0006| charge imposed by a local governing body of a community served
|
0007| by a local exchange telephone company that has not otherwise
|
0008| provided for enhanced 911 capability in its network in order to
|
0009| provide funding for the local governing body to pay for
|
0010| development of the network and database;
|
0011| L. "local exchange access line" means any telephone
|
0012| line that connects a local exchange service customer to the
|
0013| local switching office and has the capability of reaching local
|
0014| public safety service agencies, but does not include any line
|
0015| used by a carrier for the provision of interexchange services;
|
0016| M. "local exchange area" means a geographic area
|
0017| encompassing one or more local communities, as described in
|
0018| maps, tariffs or rate schedules filed with the commission,
|
0019| where local exchange rates apply;
|
0020| N. "local exchange service" means the transmission
|
0021| of two-way interactive switched voice communications furnished
|
0022| by a local exchange telephone company within a local exchange
|
0023| area, including access to enhanced 911 systems;
|
0024| O. "local exchange telephone company" means a
|
0025| telecommunications company, as defined by Subsection M of
|
0001| Section 63-9A-3 NMSA 1978, certified to provide local exchange
|
0002| service;
|
0003| P. "local governing body" means the board of county
|
0004| commissioners of a county or the governing body of a
|
0005| municipality as defined in the Municipal Code;
|
0006| Q. "network" means any system designed to provide
|
0007| one or more access paths for communications between users at
|
0008| different geographic locations; provided that a system may be
|
0009| designed for voice, data or both and may feature limited or
|
0010| open access and may employ appropriate analog, digital
|
0011| switching or transmission technologies;
|
0012| R. "network and database surcharge" means the
|
0013| monthly uniform charge assessed on each local exchange service
|
0014| customer in the state for each local exchange access line to
|
0015| pay for the costs of developing and maintaining a network and
|
0016| database for a 911 emergency system; and
|
0017| S. "public safety answering point" means a twenty-
|
0018| four-hour local jurisdiction communications facility that
|
0019| receives 911 service calls and directly dispatches emergency
|
0020| response services or that relays calls to the appropriate
|
0021| public or private safety agency."
|
0022| Section 41. Section 64-1-6 NMSA 1978 (being Laws 1929,
|
0023| Chapter 71, Section 6) is amended to read:
|
0024| "64-1-6. COMMON CARRIERS.--[That] Every person, firm,
|
0025| corporation, association or company at any time engaged, either
|
0001| regularly or for the time being only, in the transportation of
|
0002| persons or property for hire between points within this state
|
0003| or from a point within this state and return thereto is hereby
|
0004| declared to be a common carrier within the meaning and purview
|
0005| of [Section 7 of] Article 11, Section 2 of the constitution
|
0006| of [the State of] New Mexico."
|
0007| Section 42. Section 65-2-82 NMSA 1978 (being Laws 1981,
|
0008| Chapter 358, Section 3, as amended by Laws 1989, Chapter 250,
|
0009| Section 1 and also by Laws 1989, Chapter 375, Section 1) is
|
0010| amended to read:
|
0011| "65-2-82. DEFINITIONS.--As used in the Motor Carrier Act:
|
0012| A. "antitrust laws" means the laws of this state
|
0013| relating to combinations in restraint of trade;
|
0014| B. "broker" means any person not included in the
|
0015| term "motor carrier" and not a bona fide employee or agent of
|
0016| any motor carrier who, as principal or agent, sells or offers
|
0017| for sale any transportation subject to the Motor Carrier Act or
|
0018| negotiates for or holds himself [or itself] out by
|
0019| solicitation, advertisement or otherwise as one who sells,
|
0020| provides, furnishes, contracts or arranges for such transporta-
|
0021|
|
0022| tion;
|
0023| C. "certificate" means a certificate of public
|
0024| convenience and necessity issued under authority of the laws of
|
0025| the state to common motor carriers;
|
0001| D. "clerk" means the chief clerk of the [state
|
0002| corporation] public regulation commission;
|
0003| E. "commission" means the [state corporation]
|
0004| public regulation commission;
|
0005| F. "common motor carrier" means any person who
|
0006| undertakes, whether directly or indirectly or by lease of
|
0007| equipment or operating rights or any other arrangement, to
|
0008| transport persons or property or any class of property for the
|
0009| general public by motor vehicle for compensation, whether over
|
0010| regular or irregular routes and under scheduled or nonscheduled
|
0011| service, but does not include farm carriers;
|
0012| G. "contract motor carrier" means any person not a
|
0013| common motor carrier who, under individual contracts or
|
0014| agreements and whether directly or indirectly or by lease of
|
0015| equipment or operating rights or any other arrangements,
|
0016| transports persons or property by motor vehicle for
|
0017| compensation, but does not include farm carriers;
|
0018| H. "farm carrier" means any motor vehicle
|
0019| registered in this state being used in the transportation for
|
0020| hire of a cargo consisting of only one or several of the
|
0021| following: farm produce, including but not limited to grains,
|
0022| cotton, cottonseed, vegetables, hay and other farm products,
|
0023| livestock feed, livestock, stock salt, manure, wire, posts,
|
0024| dairy products and farm or ranch machinery except tractors
|
0025| weighing more than forty-five thousand pounds;
|
0001| I. "highway" means the public roads, highways,
|
0002| streets and ways in this state;
|
0003| J. "household goods" means:
|
0004| (1) personal effects and property used or to
|
0005| be used in a dwelling when a part of the equipment or supply of
|
0006| the dwelling and other similar property as the commission may
|
0007| provide by regulation; except that this paragraph shall not be
|
0008| construed to include property moving from a factory or store,
|
0009| except property as the householder has purchased with intent to
|
0010| use in his dwelling and [which] that is transported at the
|
0011| request of, and the transportation charges paid to the carrier
|
0012| by, the householder;
|
0013| (2) furniture, fixtures, equipment and the
|
0014| property of stores, offices, museums, institutions, hospitals
|
0015| or other establishments when a part of the stock, equipment or
|
0016| supply of stores, offices, museums, institutions, hospitals or
|
0017| other establishments and other similar property as the
|
0018| commission may provide by regulation; except that this
|
0019| paragraph shall not be construed to include the stock-in-trade
|
0020| of any establishment, whether consignor or consignee, other
|
0021| than used furniture and used fixtures, except when transported
|
0022| as incidental to the moving of the establishment, or a portion
|
0023| thereof, from one location to another; and
|
0024| (3) articles, including objects of art,
|
0025| displays and exhibits, [which] that, because of their
|
0001| unusual nature or value, require the specialized handling and
|
0002| equipment usually employed in moving household goods and other
|
0003| similar articles as the commission may provide by regulation;
|
0004| except that this paragraph shall not be construed to include
|
0005| any article, whether crated or uncrated, [which] that does
|
0006| not, because of its unusual nature or value, require the
|
0007| specialized handling and equipment usually employed in moving
|
0008| household goods;
|
0009| K. "interested parties" shall in all cases include
|
0010| all carriers operating over the routes or any part thereof or
|
0011| in the territory involved in any application for a certificate
|
0012| or permit or any application to file or change any schedule of
|
0013| rates, charges, fares or any rule, regulation or practice, and
|
0014| other parties as the commission may deem interested in the
|
0015| particular matter;
|
0016| L. "irregular route" means that the route to be
|
0017| used by a motor carrier is not restricted to any specific
|
0018| highway within the area the motor carrier is authorized to
|
0019| serve;
|
0020| M. "lease" means any arrangement whereby a motor
|
0021| carrier augments his equipment by use of equipment owned by
|
0022| others;
|
0023| N. "license" means a license issued under the Motor
|
0024| Carrier Act to a broker;
|
0025| O. "motor carrier" includes common motor carriers,
|
0001| contract motor carriers, any person performing for-hire
|
0002| transportation service without authority from the commission
|
0003| and farm carriers;
|
0004| P. "motor vehicle" means any vehicle, machine,
|
0005| tractor, trailer or semi-trailer propelled or drawn by
|
0006| mechanical power and used upon the highways in the
|
0007| transportation of property or persons, but does not include any
|
0008| vehicle, locomotive or car operated exclusively on rail or
|
0009| rails;
|
0010| Q. "permit" means a permit issued under authority
|
0011| of the laws of this state to contract motor carriers;
|
0012| R. "person" means any individual, firm,
|
0013| partnership, corporation, company, association or organization
|
0014| and includes any trustee, receiver, assignee or personal
|
0015| representative thereof;
|
0016| S. "regular route" means a fixed, specific and
|
0017| determined course to be traveled by a motor carrier's vehicles
|
0018| rendering service to, from or between various points,
|
0019| localities or municipalities in this state;
|
0020| T. the "services" and "transportation" to which the
|
0021| Motor Carrier Act applies include all vehicles operated by, for
|
0022| or in the interest of any motor carrier irrespective of
|
0023| ownership or of contract, express or implied, together with all
|
0024| facilities and property controlled by any motor carrier and
|
0025| used in the transportation of persons or property or in the
|
0001| performance of any service in connection therewith;
|
0002| U. "shipper" means a person who consigns or
|
0003| receives goods for transportation;
|
0004| V. "single-line rate" means a rate, charge or
|
0005| allowance proposed by a single common motor carrier of property
|
0006| that is applicable only over its line and for which the
|
0007| transportation can be provided by that common motor carrier;
|
0008| W. "state" means the state of New Mexico;
|
0009| X. "towing company" means any common motor carrier
|
0010| engaged in transporting for hire disabled or abandoned motor
|
0011| vehicles by means of a tow truck or flatbed vehicle carrier;
|
0012| and
|
0013| Y. "weight-bumping" means the knowing and willful
|
0014| making or securing of a fraudulent weight on a shipment of
|
0015| household goods which is subject to the jurisdiction of the
|
0016| commission under the Motor Carrier Act."
|
0017| Section 43. Section 65-2-120 NMSA 1978 (being Laws 1981,
|
0018| Chapter 358, Section 41, as amended) is amended to read:
|
0019| "65-2-120. ACTION TO VACATE COMMISSION ORDERS--TIME
|
0020| LIMITS--VALIDITY OF ORDERS--APPEAL TO SUPREME COURT--COURT
|
0021| PROCEDURE.--
|
0022| A. Any motor carrier and any other person in
|
0023| interest being dissatisfied with any order or determination of
|
0024| the commission not [removable] appealable to the supreme
|
0025| court of this state under the provisions of [Article 11,
|
0001| Section 7 of the constitution of New Mexico] Section 11 of
|
0002| the Public Regulation Commission Act, may commence an action
|
0003| in the district court for Santa Fe county against the commis-
|
0004|
|
0005| sion as defendant to vacate and set aside the order or
|
0006| determination on the ground that it is unlawful or
|
0007| unreasonable. In any such proceeding, the court may grant
|
0008| relief by injunction, mandamus or other extraordinary remedy.
|
0009| In any action, the complaint shall be served with the summons.
|
0010| The person who files the complaint shall, by certified mail,
|
0011| send a copy of the complaint to all persons who participated as
|
0012| parties in the action before the commission.
|
0013| B. The answer of the commission to the complaint
|
0014| shall be served and filed within thirty days after service of
|
0015| the complaint, whereupon the action shall be at issue without
|
0016| further pleading and stand ready for trial upon ten days'
|
0017| notice.
|
0018| C. Any person not a party to the action but having
|
0019| an interest in the subject may be made a party.
|
0020| D. All such actions shall have precedence over any
|
0021| civil cause of a different nature, and the district court shall
|
0022| always be deemed open for the trial of the action and the
|
0023| action shall be tried and determined as other civil actions
|
0024| without a jury.
|
0025| E. Every action to vacate or amend any
|
0001| determination or order of the commission or to enjoin the
|
0002| enforcement of the determination or order or to prevent the
|
0003| order or determination from becoming effective shall be
|
0004| commenced and every appeal to the courts or right of recourse
|
0005| to the courts shall be taken or exercised within [ninety]
|
0006| thirty days after the entry or rendition of the order or
|
0007| determination. The right to commence any action or to take or
|
0008| exercise any appeal or right of recourse to the courts shall
|
0009| terminate absolutely at the end of [ninety] thirty days.
|
0010| F. A substantial compliance by the commission with
|
0011| the requirements of the Motor Carrier Act shall be sufficient
|
0012| to give effect to all rules, orders, acts and regulations of
|
0013| the commission, and they shall not be declared inoperative,
|
0014| illegal or void for any omission of a technical nature in
|
0015| respect thereto.
|
0016| G. Any party to the action, within [sixty]
|
0017| thirty days after service of a copy of the order or judgment
|
0018| of the district court, may appeal to the supreme court, and the
|
0019| cause shall be placed on the calendar of the then pending term
|
0020| and shall be assigned and brought to a hearing in the same
|
0021| manner as other causes on the calendar.
|
0022| H. In such actions and proceedings in court, all
|
0023| processes shall be served and the practice and rules of
|
0024| evidence shall be the same as in civil actions, except as
|
0025| otherwise provided."
|
0001| Section 44. Section 65-4-4 NMSA 1978 (being Laws 1933,
|
0002| Chapter 120, Section 4) is amended to read:
|
0003| "65-4-4. ADMINISTRATION OF ACT.--The [State
|
0004| Corporation] public regulation commission [of the State of
|
0005| New Mexico] is [hereby] vested with the authority to
|
0006| administer [this act with] Sections 65-4-1 through 65-4-18
|
0007| NMSA 1978. The commission shall have full power to regulate
|
0008| and control the issuance and revocation of licenses to be
|
0009| issued under the provisions of [this act] those sections
|
0010| and to perform all other acts [and duties provided in this act
|
0011| and] necessary for [its] their enforcement."
|
0012| Section 45. Section 65-6-2 NMSA 1978 (being Laws 1974,
|
0013| Chapter 82, Section 2, as amended) is amended to read:
|
0014| "65-6-2. DEFINITIONS.--As used in the Ambulance Standards
|
0015| Act:
|
0016| A. "ambulance" means any vehicle, including motor
|
0017| vehicles or watercraft, designed and used or intended to be
|
0018| used for the transportation of sick or injured persons;
|
0019| B. "driver" means a person who, on a regular or
|
0020| irregular basis, either paid or voluntary, serves as the
|
0021| operator of an ambulance;
|
0022| C. "attendant" means a person who, on a regular or
|
0023| irregular basis, either paid or voluntary, serves as an
|
0024| assistant to the ambulance driver in the operation of the
|
0025| ambulance; and
|
0001| D. "commission" means the [state corporation]
|
0002| public regulation commission."
|
0003| Section 46. Section 70-3-12 NMSA 1978 (being Laws 1969,
|
0004| Chapter 71, Section 2, as amended) is amended to read:
|
0005| "70-3-12. DEFINITIONS.--As used in the Pipeline Safety
|
0006| Act:
|
0007| A. "person" means any individual, firm, joint
|
0008| venture, partnership, corporation, association, state,
|
0009| municipality, political subdivision, cooperative association,
|
0010| joint stock association or any combination thereof and includes
|
0011| any receiver, trustee, assignee or personal representative
|
0012| thereof;
|
0013| B. "commission" means the [state corporation]
|
0014| public regulation commission;
|
0015| C. "gas" means natural gas, flammable gas or gas
|
0016| that is toxic or corrosive;
|
0017| D. "oil" means crude oil and liquid hydrocarbons
|
0018| and manufactured products derived from either;
|
0019| E. "transportation of gas" means the gathering,
|
0020| transmission or distribution of gas by pipeline or its storage,
|
0021| except that it shall not include the gathering of gas in those
|
0022| rural locations which lie outside the limits of any
|
0023| municipality or unincorporated city, town or village or any
|
0024| residential or commercial area such as a subdivision, a
|
0025| business or shopping center, a community development or any
|
0001| similar populated area which the commission may define by order
|
0002| as a nonrural area;
|
0003| F. "transportation of oil" means the transmission
|
0004| of oil by pipeline, except pipelines operated exclusively for
|
0005| the gathering of oil in any field or area or pipelines
|
0006| constituting a part of any tank farm, plant facilities of any
|
0007| processing plant, gasoline plant, refinery, carbon-black plant,
|
0008| recycling system or similar operations;
|
0009| G. "gas pipeline facilities" means new and existing
|
0010| pipeline rights of way and any equipment, facility or structure
|
0011| used in the transportation of gas or the treatment of gas
|
0012| during the course of transportation;
|
0013| H. "oil pipeline facilities" means new and existing
|
0014| pipeline rights of way and any equipment facility or structure
|
0015| used in the transportation of oil; and
|
0016| I. "intrastate pipeline facilities" means oil
|
0017| pipeline facilities or gas pipeline facilities within the state
|
0018| that are not gas pipeline facilities subject to the
|
0019| jurisdiction of the federal energy regulatory commission
|
0020| pursuant to the federal Natural Gas Act or oil pipeline
|
0021| facilities used in the transportation of oil in interstate or
|
0022| foreign commerce, except that it shall include pipeline
|
0023| facilities within the state that transport gas from an
|
0024| interstate gas pipeline to a direct sales customer within the
|
0025| state purchasing gas for its own consumption."
|
0001| Section 47. Section 76-13-2 NMSA 1978 (being Laws 1927,
|
0002| Chapter 101, Section 2, as amended) is amended to read:
|
0003| "76-13-2. REGULATION BY PUBLIC REGULATION COMMISSION.--
|
0004| The [state corporation commission shall have] public
|
0005| regulation commission has the power and [be] is charged
|
0006| with the duty of fixing, determining, supervising, regulating
|
0007| and controlling all considerations, charges or fees of all
|
0008| public utilities defined in Section [1, hereof] 76-13-1 NMSA
|
0009| 1978 in the same manner and to the same extent that [they
|
0010| are] it is authorized to fix, determine, supervise, regulate
|
0011| and control charges and rates of transportation and trans-
|
0012|
|
0013| mission companies and common carriers in Article [XI] 11,
|
0014| Section 2 of the constitution of [the State of] New Mexico
|
0015| and Section 11 of the Public Regulation Commission Act,
|
0016| except that appeals from the action of the commission shall be
|
0017| taken to the district court."
|
0018| Section 48. TEMPORARY PROVISIONS--TRANSFER OF
|
0019| APPROPRIATIONS, FUNDS, PERSONNEL, PROPERTY, CONTRACTS, AND
|
0020| OTHER OBLIGATIONS--LEGAL AND ADMINISTRATIVE PROCEEDINGS--
|
0021| CONSTRUCTION OF REFERENCES.--
|
0022| A. All appropriations, money, personnel and
|
0023| property of the New Mexico public utility commission or the
|
0024| state corporation commission are transferred to the public
|
0025| regulation commission.
|
0001| B. All rules, regulations, tariffs, orders and
|
0002| other official acts of the New Mexico public utility commission
|
0003| or the state corporation commission shall continue in effect
|
0004| under and be administered and enforced by the public regulation
|
0005| commission until repealed, rescinded or otherwise nullified.
|
0006| C. All contracts, debts and other obligations of
|
0007| the New Mexico public utility commission or the state
|
0008| corporation commission shall continue in effect and shall be
|
0009| enforceable by and against the public regulation commission.
|
0010| D. All pending legal actions, appeals, removals to
|
0011| the supreme court and other legal proceedings of every
|
0012| description and all pending administrative proceedings that
|
0013| involve the New Mexico public utility commission or the state
|
0014| corporation commission shall be unaffected, and shall continue
|
0015| in the name of the public regulation commission.
|
0016| E. All references in law, including statutes,
|
0017| rules, regulations, tariffs, orders and other official acts, to
|
0018| the New Mexico public utility commission or the state
|
0019| corporation commission shall be construed to be and shall mean
|
0020| the public regulation commission.
|
0021| F. All references in law, including statutes,
|
0022| rules, regulations, orders and other official acts, to removal
|
0023| of state corporation commission orders or proceedings to the
|
0024| supreme court shall be construed to be and shall mean the
|
0025| appeal procedure provided in Section 11 of the Public
|
0001| Regulation Commission Act.
|
0002| Section 49. TEMPORARY PROVISION--RESTRICTION ON
|
0003| EXPENDITURES.--The New Mexico public utility commission and the
|
0004| state corporation commission are prohibited from expending and
|
0005| encumbering more than fifty percent of their respective budgets
|
0006| and appropriations for fiscal year 1999. The financial control
|
0007| division of the department of finance and administration shall
|
0008| administer and enforce this section to assure that its
|
0009| restrictions are not violated.
|
0010| Section 50. TEMPORARY PROVISION--1998 ELECTION FOR THE
|
0011| PUBLIC REGULATION COMMISSION.--The first election for the
|
0012| public regulation commission, which shall include all five
|
0013| commissioners, shall occur at the primary and general elections
|
0014| in 1998. The secretary of state shall designate the five
|
0015| positions for which candidacies will be accepted. There shall
|
0016| be no election for a state corporation commissioner in 1998.
|
0017| Section 51. REPEAL.--Sections 53-1-2 through 53-1-6,
|
0018| 62-5-1 through 62-5-11, 63-7-14, 63-8-6 and 63-9-4 NMSA 1978
|
0019| (being Laws 1913, Chapter 68, Sections 2 and 3, Laws 1912,
|
0020| Chapter 83, Section 18, Laws 1913, Chapter 83, Section 11, Laws
|
0021| 1951, Chapter 93, Section 1, Laws 1941, Chapter 84, Section 3,
|
0022| Laws 1977, Chapter 255, Section 121, Laws 1941, Chapter 84,
|
0023| Sections 4 through 8 and 10 through 13, Laws 1912, Chapter 78,
|
0024| Section 13, Laws 1955, Chapter 43, Section 6 and Laws 1965,
|
0025| Chapter 292, Section 4, as amended) are repealed.
|
0001| Section 52. EFFECTIVE DATES.--
|
0002| A. The effective date of the provisions of Sections
|
0003| 1 through 48 and 51 of this act is January 1, 1999.
|
0004| B. The effective date of the provisions of Section
|
0005| 49 of this act is July 1, 1998.
|
0006| C. The effective date of the provisions of Section
|
0007| 50 of this act is July 1, 1997.
|
0008|
|
0009|
|
0010| State of New Mexico
|
0011| House of Representatives
|
0012|
|
0013| FORTY-THIRD LEGISLATURE
|
0014| FIRST SESSION, 1997
|
0015|
|
0016|
|
0017| March 5, 1997
|
0018|
|
0019|
|
0020| Mr. Speaker:
|
0021|
|
0022| Your JUDICIARY COMMITTEE, to whom has been referred
|
0023|
|
0024| HOUSE BILL 934
|
0025|
|
0001| has had it under consideration and reports same with
|
0002| recommendation that it DO PASS, and thence referred to the
|
0003| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0004|
|
0005| Respectfully submitted,
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| Thomas P. Foy, Chairman
|
0012|
|
0013|
|
0014| Adopted Not Adopted
|
0015|
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018| Date
|
0019|
|
0020| The roll call vote was 10 For 1 Against
|
0021| Yes: 10
|
0022| No: Larranaga
|
0023| Excused: Rios, Sanchez
|
0024| Absent: None
|
0025|
|
0001|
|
0002| G:\BILLTEXT\BILLW_97\H0934 State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997
|
0007|
|
0008|
|
0009| March 8, 1997
|
0010|
|
0011|
|
0012| Mr. Speaker:
|
0013|
|
0014| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0015| whom has been referred
|
0016|
|
0017| HOUSE BILL 934
|
0018|
|
0019| has had it under consideration and reports same with
|
0020| recommendation that it DO PASS, amended as follows:
|
0021|
|
0022| 1. On pages 3 and 4, strike Section 6 in its entirety.
|
0023|
|
0024| 2. Renumber the succeeding sections accordingly.
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| Max Coll, Chairman
|
0008|
|
0009|
|
0010| Adopted Not Adopted
|
0011|
|
0012| (Chief Clerk) (Chief Clerk)
|
0013|
|
0014| Date
|
0015|
|
0016| The roll call vote was 12 For 0 Against
|
0017| Yes: 12
|
0018| Excused: Buffett, Coll, Marquardt, Pearce, Townsend
|
0019| Absent: None
|
0020|
|
0021|
|
0022|
|
0023| G:\BILLTEXT\BILLW_97\H0934 FORTY-THIRD LEGISLATURE
|
0024| FIRST SESSION
|
0025|
|
0001|
|
0002| March 11, 1997
|
0003|
|
0004|
|
0005| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 934, as amended
|
0006|
|
0007| Amendment sponsored by Representative Gary K. King
|
0008|
|
0009|
|
0010| 1. On page 66, line 3, after "Sections" insert "1-19-34.2,".
|
0011|
|
0012| 2. On page 66, line 5, after "being" insert "Laws 1993, Chapter
|
0013| 46, Section 13,".
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| ___________________________
|
0021| Gary K. King
|
0022|
|
0023|
|
0024|
|
0025| Adopted ___________________ Not Adopted ___________________________
|
0001| (Chief Clerk) (Chief Clerk)
|
0002|
|
0003|
|
0004| Date ________________
|
0005|
|
0006| FORTY-THIRD LEGISLATURE HB 934/a
|
0007| FIRST SESSION, 1997
|
0008|
|
0009| March 18, 1997
|
0010|
|
0011| Mr. President:
|
0012|
|
0013| Your CONSERVATION COMMITTEE, to whom has been referred
|
0014|
|
0015| HOUSE BILL 934, as amended
|
0016|
|
0017| has had it under consideration and reports same with recommendation
|
0018| that it DO PASS, amended as follows:
|
0019|
|
0020| 1. On page 12, line 5, after the period insert [NEW MATERIAL].
|
0021|
|
0022| 2. On page 14, lines 13 and 14, strike the brackets and line-
|
0023| through and strike "72,500".
|
0024|
|
0025| The roll call vote on Amendment No. 2 was 5 For 1 Against.
|
0001|
|
0002| Yes: 5
|
0003| No: Sanchez
|
0004| Excused: Griego, Kysar, Lyons, Tsosie
|
0005| Absent: None
|
0006|
|
0007| and thence referred to the JUDICIARY COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012| __________________________________
|
0013| Michael S. Sanchez, Chairman
|
0014|
|
0015|
|
0016| Adopted_______________________ Not Adopted_______________________
|
0017| (Chief Clerk) (Chief Clerk)
|
0018|
|
0019| Date ________________________
|
0020|
|
0021|
|
0022| The roll call vote was 6 For 0 Against
|
0023| Yes:
|
0024| No: None
|
0025| Excused: Griego, Kysar, Lyons, Tsosie
|
0001| Absent: None
|
0002|
|
0003| H0934C01
|