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AN ACT

RELATING TO CULTURAL AFFAIRS; AUTHORIZING THE CULTURAL

AFFAIRS DEPARTMENT TO OWN AND HOLD TITLE TO REAL PROPERTY FOR

PURPOSES OF SUPPORTING THE PERFORMING ARTS IN NEW MEXICO.

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

Section 1. Section 9-4A-6 NMSA 1978 (being Laws 2004,

Chapter 25, Section 6) is amended to read:

"9-4A-6. SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor

for the operation of the department. It is the secretary's

duty to manage all operations of the department and to

administer and enforce the laws with which the secretary or

the department is charged.

B. To perform the secretary's duties, the

secretary has every power expressly enumerated in the laws,

whether granted to the secretary or the department, or any

division of the department, except where authority conferred

upon any division therein is explicitly exempted from the

secretary's authority by statute. In accordance with these

provisions, the secretary shall:

(1) except as otherwise provided in the

Cultural Affairs Department Act, exercise general supervisory

and appointing authority over all department employees,

subject to any applicable personnel laws and rules;

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(2) delegate authority to subordinates as

the secretary deems necessary and appropriate, clearly

delineating such delegated authority and the limitations

thereto;

(3) organize the department into those

organizational units the secretary deems will enable it to

function most efficiently, subject to any provisions of law

requiring or establishing specific organizational units;

(4) within the limitations of available

appropriations and applicable laws, employ and fix the

compensation of those persons necessary to discharge the

secretary's duties;

(5) take administrative action by issuing

orders and instructions, not inconsistent with the law, to

ensure implementation of and compliance with the provisions

of law for whose administration or execution the secretary is

responsible, and to enforce those orders and instructions by

appropriate administrative action or actions in the courts;

(6) conduct research and studies that will

improve the operations of the department and the provision of

services to the citizens of the state;

(7) provide courses of instruction and

practical training for employees of the department and other

persons involved in the administration of programs with the

objective of improving the operations and efficiency of the

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administration;

(8) prepare an annual budget of the

department;

(9) provide cooperation, at the request of

heads of administratively attached agencies, in order to:

(a) minimize or eliminate duplication

of services and jurisdictional conflicts;

(b) coordinate activities and resolve

problems of mutual concern; and

extent to which the department shall provide budgeting,

recordkeeping and related clerical assistance to

administratively attached agencies; and

(10) appoint, with the governor's consent,

for each division, a "director". These appointed positions

are exempt from the provisions of the Personnel Act. Persons

appointed to these positions shall serve at the pleasure of

the secretary.

C. The secretary may:

(1) apply for and receive, with the

governor's approval, in the name of the department, any

public or private funds, including United States government

funds, available to the department to carry out its programs,

duties or services; and

(2) acquire by purchase, gift, endowment or

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legacy real or personal property and hold title to that

property in the name of the department for the purpose of

promoting, encouraging and supporting the performing arts in

New Mexico. Property acquired pursuant to this paragraph

shall be held under the control and authority of the cultural

affairs department.

D. Where functions of departments overlap, or a

function assigned to one department could better be performed

by another department, a secretary may recommend appropriate

legislation to the next session of the legislature for its

approval.

E. The secretary may make and adopt such

reasonable procedural rules as may be necessary to carry out

the duties of the department and its divisions. A rule

promulgated by the director of a division in carrying out the

functions and duties of the division shall not be effective

until approved by the secretary. Unless otherwise provided by

statute, a rule affecting a person or agency outside the

department shall not be adopted, amended or repealed without a

public hearing on the proposed action before the secretary or

a hearing officer designated by the secretary. The public

hearing shall be held in Santa Fe unless otherwise permitted

by statute. Notice of the subject matter of the rule, the

action proposed to be taken, the time and place of the

hearing, the manner in which interested persons may present

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their views and the method by which copies of the proposed

rule, proposed amendment or repeal of an existing rule may be

obtained shall be published once at least thirty days prior to

the hearing date in a newspaper of general circulation and

mailed at least thirty days prior to the hearing date to all

persons who have made a written request for advance notice of

hearing. All rules shall be filed in accordance with the

State Rules Act."