HOUSE BILL 484
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Paul C. Bandy
AN ACT
RELATING TO STATE AGENCIES; AMENDING A SECTION OF THE EXECUTIVE REORGANIZATION ACT TO REQUIRE COORDINATION OF STATE AGENCY BOARDS AND COMMISSIONS WITH THE POLITICAL SUBDIVISIONS OF THE STATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-1-5 NMSA 1978 (being Laws 1977, Chapter 248, Section 5) is amended to read:
"9-1-5. SECRETARY--DUTIES AND GENERAL POWERS.--
A. The secretary is responsible to the governor for the operation of the department. It is [his] the secretary's duty to manage all operations of the department and to administer and enforce the laws with which [he] the secretary or the department is charged.
B. To perform [his] 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 [this] the Executive Reorganization Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;
(2) delegate authority to subordinates as [he] the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;
(3) organize the department into those organizational units [he] 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 [his] the secretary's duties;
(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law [with the] for whose administration or execution [of which he] 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 administration;
(8) prepare an annual budget of the department;
(9) provide cooperation, at the request of heads of administratively attached agencies and adjunct agencies, in order to:
(a) minimize or eliminate duplication of services and jurisdictional conflicts;
(b) coordinate activities and resolve problems of mutual concern; and
(c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies;
(10) appoint, with the governor's consent, a "director" 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;
(11) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require directors to each give bond in the penal sum of ten thousand dollars ($10,000) conditioned upon the faithful performance of duties, as provided in the Surety Bond Act. The department shall pay the costs of [such] these bonds; [and]
(12) require performance bonds of such department employees and officers as [he] the secretary deems necessary, as provided in the Surety Bond Act. The department shall pay the costs of [such] these bonds;
(13) keep apprised of the state's political subdivisions' plans, policies and programs and assure that, when practicable and consistent with state law, there is consistency with their plans when developing rules, plans, policies or management actions, providing the state's political subdivisions have provided their plans and policies to the agencies;
(14) provide early notification to the state's political subdivisions of the development of any rule, plan, policy or action to those political subdivisions that have requested notification;
(15) provide the opportunity for meaningful input by the state's political subdivisions to the development of any state agency, board or commission rule, plan, policy or action that will or may affect the political subdivisions, the natural resources within their jurisdictions or their residents;
(16) make all practical efforts, in good faith, to resolve conflicts at the lowest level possible between state agencies, boards or commissions and the state's political subdivisions' policies and plans and, where practicable and consistent with state law, reach consistency with those plans and policies through coordination; and
(17) develop procedures for coordination with and provide for meaningful input by the state's political subdivisions regarding the merits of each rule, plan, action or proposal developed by the state's agencies, boards or commissions.
C. The secretary may apply for and receive, with the governor's approval, in the name of the department any public or private funds, including but not limited to United States government funds, available to the department to carry out its programs, duties or services.
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 [and] procedural rules [and regulations] as may be necessary to carry out the duties of the department and its divisions. No rule [or regulation] promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary unless otherwise provided by statute. Unless otherwise provided by statute, no [regulation] rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by [him] the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the [regulation] rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed [regulation] rule or proposed amendment or repeal of an existing [regulation] 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 [and regulations] shall be filed in accordance with the State Rules Act.
F. If this section conflicts with the powers and duties specifically given by statute to a particular secretary, the specific powers and duties shall control. If this section conflicts with other statutes specifically limiting the powers of a secretary, the specific limitations shall control."
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