Rethink the PRC
Issue Summary News Policy Report Take Action On This Issue
Legislative & Implementation Update
In 2013, the legislature passed and the governor signed House Bills 45 and 46 and Senate Bill 8, fully implementing the constitutional amendments that were approved by voters in the 2012 general election to professionalize and streamline New Mexico’s troubled Public Regulation Commission (PRC). In addition, in 2013 the legislature also passed House Bill 194, which promotes job creation and small business formation by modernizing the PRC’s regulation of taxis, shuttles, and moving companies. The bills and constitutional amendments were drafted in large part by Think New Mexico.
In 2019, Think New Mexico advocated for House Bill 407, a comprehensive update to New Mexico’s election code that included a provision requiring candidates for the PRC to specifically list how they meet the qualifications requirements when they file to run for office. Before this law was enacted, candidates just had to sign a statement asserting that they are qualified, without explaining how. House Bill 407, which passed the House 57-8 and the Senate 35-2, will give voters the specific information they need about the professional qualifications of PRC candidates before they vote.
In 2020, Think New Mexico supported Senate Bill 245 and House Bill 386, which proposed to remove the Fire Marshal’s Office from the PRC. As with insurance and corporate filings, the work of the Fire Marshal is very different from the PRC’s core duty of utility regulation and rate-setting. Under the PRC, the Fire Marshal’s Office has frequently been neglected, suffering from numerous and long-lasting staff vacancies. This is detrimental to public safety and fire prevention in New Mexico, which is particularly concerning as catastrophic wildfires become increasingly frequent and severe. House Bill 386 passed the House 61-1 and the Senate 31-9.
In 2023, the legislature and governor enacted Senate Bill 160, which moved the PRC’s transportation division to the Department of Transportation, effective July 1, 2024.
Issue Summary
Think New Mexico’s initiative to reform the PRC began in 2011, when we published a report proposing a strategy for addressing the PRC’s fundamental problem: it combined too much power (a broader jurisdiction than any state utility regulatory agency in the nation) with too few qualifications for commissioners (who were only required to be at least 18 years old, residents of New Mexico for at least a year, and not convicted felons).
The report noted that the PRC touches the lives of every New Mexican who pays a gas, electric, or water bill, or buys home, auto, or health insurance, yet it has been in an almost constant state of turmoil since it was created in the late 1990s as a merger of the former State Corporation Commission and Public Utility Commission.
During the 2012 legislative session, Think New Mexico successfully won passage of three bipartisan constitutional amendments to reform the PRC: Constitutional Amendment 2, which authorized the legislature to increase the qualifications of PRC commissioners; Constitutional Amendment 3, which transferred the PRC’s corporate registration division to a one-stop shop for business filings at the Secretary of State’s office; and Constitutional Amendment 4, which transferred the PRC’s authority over insurance to a Superintendent of Insurance appointed by an independent committee.
On November 6, 2012, New Mexico voters approved all three amendments to streamline and professionalize the PRC. Constitutional Amendment 2, which increased the qualifications of PRC commissioners, received over 542,000 votes in favor—more votes than any constitutional amendment has ever received in the history of the state.
During the 2013 legislative session, Think New Mexico successfully championed legislation to fully implement the reforms proposed by these constitutional amendments. House Bill 45 transferred insurance regulation to a Superintendent of Insurance who is appointed by an independent, bipartisan nominating committee that balances the interests of insurance businesses and consumers and insulates insurance regulation from political interference. House Bill 46 created an efficient, one-stop shop for business registrations and filings at the Secretary of State’s office. Senate Bill 8 required PRC commissioners to have at least ten years of professional experience in a subject area that the PRC regulates, or alternatively a combined ten years of professional experience and higher education resulting in a bachelor’s degree in a relevant field. The bill also requires commissioners to earn at least 32 hours a year of relevant continuing education and at least two hours a year of ethics training.
In addition, during the 2013 session Think New Mexico successfully championed the passage of House Bill 194, which modernizes the PRC’s regulation of moving companies, taxis, shuttles, and limos, and promotes job creation, small business formation, and lower prices for consumers.
Together, these constitutional amendments and bills fundamentally reform the PRC by increasing the qualifications of commissioners and refocusing the agency on its core duties of regulating utilities, telecommunications, and transportation.
News Coverage
Read an Albuquerque Journal article and editorial about how consolidating the PRC’s corporate reporting unit with the business services division of the Secretary of State’s Office has reduced wait times and saved taxpayer dollars • December 2013
Watch an interview with former PRC Commissioner Doug Howe on how Think New Mexico professionalized and streamlined the powerful PRC • May 23, 2013 (1:48)
Read an Albuquerque Journal article about House Bill 194, which modernizes the PRC’s regulation of taxis, shuttles, and moving companies • February 9, 2013
Read an Albuquerque Journal editorial about the need for House Bill 194, to modernize the PRC’s regulation of taxis, shuttles, and moving companies • January 30, 2013
Read an Albuquerque Journal article about House Bills 45, 46, and 47, introduced to implement Think New Mexico’s PRC reform constitutional amendments • January 17, 2013
Listen to a KSVP Artesia AM 990 interview with Fred Nathan about House Bills 45, 46, and 47 to implement Think New Mexico’s PRC reform constitutional amendments • January 19, 2013 (13:31)
Listen to a KUNM 89.9 news interview with the editor of the Santa Fe Reporter about why the Reporter endorsed Constitutional Amendments 2, 3, and 4 • October 31, 2012 (5:24)
Listen to a KBAC 98.1 Radio Free Santa Fe interview with Fred Nathan and Kristina Fisher about Think New Mexico’s three constitutional amendments to reform the PRC • October 24, 2012 (9:22)
Listen to a KSVP Artesia AM 990 interview with Fred Nathan about Think New Mexico’s three constitutional amendments to reform the PRC • October 17, 2012 (14:32)
Listen to a KSVP Artesia AM 990 interview with Fred Nathan about Think New Mexico’s PRC reform efforts• July 28, 2012 (15:32)
Watch an interview with Fred Nathan on KRWG’s Newsmakers program about Think New Mexico’s three constitutional amendments to reform the PRC • September 2012 (17:19)
Read Think New Mexico’s opinion editorial on the benefits of Constitutional Amendments 2, 3 and 4, which has been published in the Albuquerque Journal, the Aztec Talon, the Cibola County Beacon, the Deming Headlight, the Farmington Daily Times, the Las Cruces Bulletin, the Las Cruces Sun-News, the Los Alamos Daily Post, the Los Alamos Daily Monitor, the Raton Range, the Rio Grande Sun, the Rio Rancho Observer, the Roswell Daily Record, the Ruidoso Free Press, the Santa Fe Monthly, the Santa Fe New Mexican, the Sierra County Sentinel, the Silver City Sun-News, Socorro’s El Defensor Chieftain, the Union County Leader, and the Valencia County News-Beacon • October 2012
Read editorials by the Albuquerque Journal, the Las Cruces Sun News, the Las Vegas Daily Optic, the Rio Grande Sun, the Santa Fe New Mexican, the Santa Fe Reporter, the Taos News, and the Weekly Alibi endorsing Constitutional Amendments 2, 3 and 4 • October 2012
Read an Albuquerque Journal article about the need for Constitutional Amendment 4, removing insurance regulation from the PRC • October 12, 2012
Read Sherry Robinson’s syndicated column explaining why she supports Constitutional Amendments 2, 3 and 4 • October 23, 2012
Read Ned Cantwell’s syndicated column in support of Constitutional Amendments 2, 3 and 4 • October 12, 2012
Read Wally Gordon’s column in the Edgewood Independent about the need for Constitutional Amendments 2, 3 and 4 • October 31, 2012
Read Santa Fe Reporter article on Constitutional Amendments 2, 3 and 4 • October 18, 2012
Read Albuquerque Journal and Santa Fe New Mexican editorials calling on the New Mexico Senate to approve Think New Mexico’s PRC reform legislation • February 9-10, 2012
Read Farmington Daily Times article on the legislative passage of Think New Mexico’s PRC reform package • February 16, 2012
Read Albuquerque Journal editorial praising Think New Mexico’s legislation to reform the PRC • February 2, 2012
Read Associated Press article about Think New Mexico’s legislation to reform the PRC receiving unanimous support in all of its House committee hearings • January 31, 2012
Read Rio Grande Sun editorial in support of Think New Mexico’s legislative package to reform the PRC • January 26, 2012
Read Albuquerque Journal article describing Think New Mexico’s legislative package to reform the PRC • January 26, 2012
Read Las Cruces Sun-News editorial supporting Think New Mexico’s new initiative to rethink the PRC • October 16, 2011
This editorial was also published in: the Carlsbad Current-Argus, the Farmington Daily Times, the Ruidoso News, and the Silver City Sun-News.
Read Albuquerque Journal editorial in support of Think New Mexico’s new initiative to rethink the PRC • October 5, 2011
Read Santa Fe New Mexican editorials supporting Think New Mexico’s initiative to rethink the PRC • January 22, 2012 • October 12, 2011 • October 2, 2011
Read Associated Press article about Think New Mexico’s new initiative to rethink the PRC • October 5, 2011
Read Santa Fe New Mexican article about Think New Mexico’s new initiative to rethink the PRC • October 2, 2011
Read Alamogordo Daily News article on Think New Mexico’s proposal for rethinking the PRC • October 1, 2011
Watch an interview with Fred Nathan on KOB-TV’s Eye on New Mexico program about Think New Mexico’s PRC reform initiative • November 27, 2011 (27:23)
Watch KRQE News 13 follow-up report on Think New Mexico’s PRC reform initiative • October 4, 2011 (2:32)
Watch KRQE News 13 report on Think New Mexico’s initiative to rethink the PRC • October 2, 2011 (2:20)
Listen to KSFR Santa Fe Public Radio story on Think New Mexico’s initiative to rethink the PRC • October 10, 2011 (mp3, 6:00)
Listen to KSVP Artesia AM 990 interview with Fred Nathan about Think New Mexico’s initiative to rethink the PRC • October 2011 (mp3, 16:20)
Listen to an episode of the Morning Show with Harvey T on KEDU Radio in Ruidoso featuring an interview with Fred Nathan on Think New Mexico’s initiative to rethink the PRC • October 11, 2011 (mp3, 31:11)
Listen to Santa Fe Stories podcast featuring an interview with Fred Nathan about Think New Mexico’s initiative to rethink the PRC • October 8, 2011 (mp3, 28:25)
Read an excerpt of Think New Mexico’s policy report on Heath Haussamen’s nmpolitics.net • October 14, 2011
