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HB 027: EMPLOYMENT OF FORMER PRC EMPLOYEES

An Act Relating To Public Regulation; Barring For A Period After Separation The Employment By Certain Employers Of Certain Former Public Regulation Commission Employees.

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MILD HB 027
EMPLOYMENT OF FORMER PRC EMPLOYEES

Legislative URL:
HB 027 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
SJC
Action:
HPREF [3] HGEIC/HJC-HGEIC [4] DP/a-HJC [5] DP [7] PASSED/H (44-19) [10] SRC/SJC-SRC [39] w/o rec/a-SJC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HGEIC Committee Report
HJC Committee Report
Fiscal Impact Report
SRC Committee Report
Final House Vote
Summary
  • 8-8-19(E) NMSA 1978 currently provides that after leaving the PRC, a former commissioner, shall not be employed or retained in a position that requires appearances before the commission by a regulated entity, affiliated interest or intervenor within two years of his separation from the commission;

 

This bill would amend and expand that section by applying it to PRC hearing examiners, utility division directors, general counsels or attorneys as well as commissioners, and by removing the qualifier, “in a position that requires appearances before the commission.”

 

As amended the section would provide that after leaving the PRC, a former commissioner, hearing examiner, utility division director, general counsel or attorney employee shall not be employed or retained by a regulated entity, affiliated interest or intervenor within two years after the person’s separation from the commission.

 

A benefit of this measure might be that it could help to ensure that parties involved in matters before the PRC do not obtain an advantage by hiring individuals who just completed positions as commissioners or employees of the PRC and who would bring knowledge with them that other parties would not have, in effect leveling the playing field.

 

On March 14th the Senate Rules Committee amended HB 27 to reinstate the language, “in a position that requires appearances before the commission” limiting the positions to which the section’s restrictions apply.

 

A possible concern related to the amendment is that it reopens the door to employment in positions that, though they do not require appearances before the PRC, nevertheless do pose potential conflict of interest issues.