Sunset Act

NMSA 1978 ch. 12, art. 9

in effect

NMSA 1978, § 12-9-11 Short title

12-9-11. Short title Sections 1 through 11 [12-9-11 to 12-9-21 NMSA 1978] of this act may be cited as the "Sunset Act." Laws 1981, ch. 241, § 1.

NMSA 1978, § 12-9-12 Findings of fact

12-9-12. Findings of fact The legislature finds that state government actions have produced a substantial increase in numbers of programs and a proliferation of rules and regulations and that the whole process has developed in a haphazard, piecemeal fashion resulting in overlapping and duplication without regulatory accountability or a system of checks and balances. The legislature further finds that by establishing a system for periodic review of certain separate administratively attached and adjunct agencies, it will be in a better position to evaluate the need for the continued existence of the regulatory agencies covered by the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. Laws 1981, ch. 241, § 2.

NMSA 1978, § 12-9-17 Wind-up period

12-9-17. Wind-up period If no action is taken by the legislature to amend the delayed repeal of an agency and its related laws by the date of termination, the agency shall continue until the date of the delayed repeal for the purpose of winding up its affairs. During the wind-up period, the termination shall not reduce or otherwise limit the powers or authority of the agency. Laws 1981, ch. 241, § 7.

NMSA 1978, § 12-9-18 Renewal of agency life

12-9-18. Renewal of agency life The life of any agency scheduled for termination under the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] may be continued by the legislature for periods set by the legislature in such manner that the termination occurs on July 1 of an odd-numbered year, and the delayed repeal of the statutes creating the agency and related statutes becomes effective on July 1 of the next following even-numbered year. Laws 1981, ch. 241, § 8.

NMSA 1978, § 12-9-19 Legislative hearing; action

12-9-19. Legislative hearing; action A. Prior to the termination of any agency pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978], the legislative finance committee shall hold a public hearing, receive testimony from the public and the head of the regulatory agency involved and make a recommendation to the next session of the legislature for the termination or continuance of the agency. In such hearing, the agency shall have the burden of demonstrating a public need for its continued existence and the extent to which an amendment of the agency's basic statute may increase the efficiency of the administration or operation of the agency. B. In making its recommendation to the legislature, the legislative finance committee shall take into consideration all or applicable parts of the following: (1) the extent to which the agency has permitted qualified applicants to serve the public; (2) the extent to which the agency has operated in the public interest, and the extent to which its operation has been impeded or enhanced by existing statutes, procedures and practices and by budgetary, resources [resource] and personnel matters; (3) the extent to which the agency has recommended statutory changes to the legislature which would benefit the public as opposed to the persons it regulates; (4) the extent to which persons regulated by the agency have exercised control over the policies and actions of the agency and the extent to which the agency requires the persons it regulates to report to it concerning the impact of rules and decisions of the agency regarding improved service, economy of service and availability of service; (5) the extent to which persons regulated by the agency have been required to assess problems in their industry which affect the public; (6) the extent to which the agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates; (7) the efficiency with which formal public complaints filed with the agency concerning persons subject to regulation have been processed to completion by the agency; and (8) the extent to which changes are necessary in the enabling laws of the agency to adequately comply with the above factors. C. The legislative finance committee shall submit legislation for continuation of the agency as an amendment to the delayed repeal section covering the creation of the agency and its related statutes. Laws 1981, ch. 241, § 9.

NMSA 1978, § 12-9-20 Existing claims and rights

12-9-20. Existing claims and rights The Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall not cause the dismissal of any claim or right of a citizen against any agency specified therein or any claim or right of such agency terminated pursuant to that act which is subject to litigation. The claims and rights of such agency shall be assumed by the department of finance and administration. Nothing in the Sunset Act shall interfere with the legislature otherwise considering legislation on any agency mentioned therein. Laws 1981, ch. 241, § 10.

NMSA 1978, § 12-9-21 Inspection functions; assignment

12-9-21. Inspection functions; assignment The governor may by executive order assign any safety or health inspection function repealed under the terms of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] to any other appropriate state department or agency within the executive department of state government. Laws 1981, ch. 241, § 11.

NMSA 1978, § 12-9-22 Regulation review

12-9-22. Regulation review Each agency subject to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978] shall review its rules and regulations periodically and, as a result of that review, update its rules and regulations at least once every three years. Each agency subject to the provisions of the Sunset Act shall submit to the department of finance and administration and the legislative finance committee each year a status report on actions the agency took on its rules and regulations during the last fiscal year. Laws 1989, ch. 288, § 1.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18512/index.doFetched: 10/20/2026