SENATE BILL 106

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Tim Eichenberg

FOR THE GOVERNMENT RESTRUCTURING TASK FORCE

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; REQUIRING DEPARTMENTS TO PROVIDE ADMINISTRATIVE AND CLERICAL SERVICES TO ADMINISTRATIVELY ATTACHED AGENCIES; CHANGING THE PUBLIC DEFENDER DEPARTMENT FROM AN ADMINISTRATIVELY ATTACHED AGENCY TO AN ADJUNCT AGENCY.

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

     SECTION 1. Section 9-1-7 NMSA 1978 (being Laws 1977, Chapter 248, Section 7) is amended to read:

     "9-1-7. ADMINISTRATIVELY ATTACHED AGENCY--RELATIONSHIPS.--

          A. An agency attached to a department for administrative purposes [only] shall:

                (1) exercise its functions independently of the department [and without approval or control of the department];

                (2) submit its budgetary requests through the department; and

                (3) submit reports required of it by law or by the governor through the department.

          B. The department to which an agency is attached for administrative purposes [only] shall:

                (1) provide [if mutually agreed] the budgeting, recordkeeping and related administrative and clerical assistance to the agency; and 

                (2) include the agency's budgetary requests [as submitted and without changes] in the departmental budget.

          C. Unless otherwise provided by law, the agency shall hire its own professional or technical personnel in accordance with the Personnel Act."

     SECTION 2. Section 9-3-11 NMSA 1978 (being Laws 1977, Chapter 257, Section 12) is amended to read:

     "9-3-11. ADMINISTRATIVE ATTACHMENT.--[A.] The [following entities are] parole board is administratively attached to the corrections department.

                [(1) the adult parole board;

                (2) the governor's organized crime prevention commission; and

                (3) the public defender department.

          B. All powers and duties vested in the entities enumerated in this section shall remain unamended by the provisions of the Criminal Justice Department Act.]"

     SECTION 3. Section 31-15-5 NMSA 1978 (being Laws 1978, Chapter 14, Section 1) is amended to read:

     "31-15-5. PUBLIC DEFENDER DEPARTMENT--CREATION--ADMINISTRATION--FINANCE.--

          A. There is created the "public defender department". The headquarters of the department shall be maintained at Santa Fe. The chief shall be the administrative head of the department. [The department is administratively attached to the criminal justice department.]

          B. All salaries and other expenses of the department shall be paid by warrants of the secretary of finance and administration, supported by vouchers signed by the chief or [his] the chief's authorized representative and in accordance with budgets approved by the state budget division of the department of finance and administration."

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