SENATE BILL 158
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Lynda M. Lovejoy and Paul C. Bandy
FOR THE GOVERNMENT RESTRUCTURING TASK FORCE
AN ACT
RELATING TO EXECUTIVE REORGANIZATION; REPEALING CERTAIN BOARDS, COMMISSIONS, COMMITTEES, COUNCILS AND SIMILAR ENTITIES; LIMITING OR REASSIGNING POWERS AND DUTIES; CHANGING THE MEMBERSHIP OF CERTAIN BOARDS, COMMISSIONS, COMMITTEES, COUNCILS AND SIMILAR ENTITIES; MAKING CONFORMING AMENDMENTS; TRANSFERRING FUNCTIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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 2. Section 9-23-1 NMSA 1978 (being Laws 2004, Chapter 23, Section 1) is amended to read:
"9-23-1. SHORT TITLE.--[Sections 1 through 11 of this act] Chapter 9, Article 23 NMSA 1978 may be cited as the "Aging and Long-Term Services Department Act"."
SECTION 3. Section 9-23-4 NMSA 1978 (being Laws 2004, Chapter 23, Section 4) is amended to read:
"9-23-4. DEPARTMENT CREATED--DIVISIONS.--
A. The "aging and long-term services department" is created. The department is a cabinet department and includes the following divisions:
(1) the administrative services division;
(2) the consumer and elder rights division;
(3) the aging network services division;
(4) the long-term care division; [and]
(5) the adult protective services division; and
(6) the disabilities concerns division.
B. The secretary may organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy."
SECTION 4. A new section of the Aging and Long-Term Services Department Act is enacted to read:
"[NEW MATERIAL] DISABILITIES CONCERNS--LONG-TERM PLANS--TRAINING AND EMPLOYMENT--SERVICES FOR PERSONS WITH BRAIN INJURIES.--
A. The disabilities concerns division shall establish and maintain a comprehensive statewide program designed to encourage and promote attention to the concerns of the training and employment of individuals with disabilities in the state. To further the purpose, the division shall:
(1) cooperate with the president's committee on employment of individuals with disabilities and other federal efforts on behalf of disability concerns;
(2) cooperate with all employers and training leaders, both public and private, in locating or developing employment opportunities for individuals with disabilities;
(3) encourage and assist in the organization and operation of committees at the community level;
(4) assist state, local and federal agencies to coordinate their activities to secure maximum use of funds and efforts that aid in the training and employment of individuals with disabilities;
(5) enter into written agreements with public and private employers, unions and rehabilitation agencies for the purpose of achieving the maximum employment of individuals with disabilities;
(6) inform individuals with disabilities who are seeking jobs of specific facilities available to assist them in locating suitable training and employment;
(7) conduct educational programs via publications and other means to acquaint the public, the legislature and the governor with the abilities and the accomplishments of individuals with disabilities;
(8) promote the elimination of architectural barriers in construction so as to make buildings used by the public readily accessible to and usable by persons with physical limitations;
(9) create and oversee ad hoc committees related to state planning, community organization, public relations and information, federal and state coordination, medical rehabilitation, employment and special projects;
(10) establish and administer a residential accessibility modification program to assist low-income individuals with disabilities to make accessibility modifications to residential dwellings as needed to enable those individuals with disabilities to remain in their homes or to leave institutional settings and be reintegrated into the community;
(11) give advice and testimony on disability concerns to the governor or the legislature or any committee established by them, upon request; and
(12) provide training to state and local law enforcement officers regarding matters pertaining to accessible parking for persons with disabilities.
B. The division shall work with the developmental disabilities planning council and other state agencies to plan for case management, community support systems, long-term care, employment opportunities, emergency medical services and rehabilitation of persons with brain injuries; to foster brain injury prevention activities; and to improve and coordinate state activities relative to the concerns of persons with brain injuries and their families or other caregivers."
SECTION 5. A new section of the Aging and Long-Term Services Department Act is enacted to read:
"[NEW MATERIAL] STATE AGENCY FOR FEDERAL DISABILITY PROGRAMS.--The department is designated as the state agency for handling all programs of the federal government related to the concerns of individuals with disabilities except those designated by law as the responsibility of another state agency and may enter into contracts and agreements with agencies of the federal government for this purpose that do not conflict with existing programs of other state agencies."
SECTION 6. Section 9-25-1 NMSA 1978 (being Laws 2005, Chapter 289, Section 1) is amended to read:
"9-25-1. SHORT TITLE.--[Sections 1 through 13 of this act] Chapter 9, Article 25 NMSA 1978 may be cited as the "Higher Education Department Act"."
SECTION 7. Section 9-25-3 NMSA 1978 (being Laws 2005, Chapter 289, Section 3) is amended to read:
"9-25-3. DEFINITIONS.--As used in the Higher Education Department Act:
[A. "board" means the higher education advisory board;
B.] A. "department" means the higher education department; and
[C.] B. "secretary" means the secretary of higher education."
SECTION 8. Section 9-25-13 NMSA 1978 (being Laws 2005, Chapter 289, Section 13) is amended to read:
"9-25-13. ADVISORY COMMITTEES.--
A. [In addition to the higher education advisory board] The department may create [other] advisory committees. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act.
B. All members of advisory committees are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
SECTION 9. Section 12-8A-2 NMSA 1978 (being Laws 2000, Chapter 65, Section 2, as amended) is amended to read:
"12-8A-2. DEFINITIONS.--As used in the Governmental Dispute Prevention and Resolution Act:
A. "agency" means the state and its agencies, departments, boards, instrumentalities or institutions that are insured by the division;
B. "alternative dispute resolution" means a process other than litigation used to prevent or resolve disputes, including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding arbitration, fact-finding, conciliation, early neutral evaluation and policy dialogues;
[C. "council" means the alternative dispute prevention and resolution advisory council;
D.] C. "department" means the general services department;
[E.] D. "division" means the risk management division of the department;
[F.] E. "interested party" means a person having or anticipating a dispute with any agency, or a representative of that person;
[G.] F. "neutral party" means a person who is trained to provide services as a mediator, arbitrator, facilitator, fact-finder or conciliator who aids parties to prevent or resolve disputes;
[H.] G. "office" means the bureau known as the office of alternative dispute prevention and resolution in the division; and
[I.] H. "public facilitation" means collaboration with identified stakeholders concerning public policy issues, including policy dialogues and other techniques to seek consensus, reconcile differences or prevent disputes from arising in the development or implementation of public administration issues."
SECTION 10. Section 12-8A-8 NMSA 1978 (being Laws 2007, Chapter 206, Section 8) is amended to read:
"12-8A-8. OFFICE OF ALTERNATIVE DISPUTE PREVENTION AND RESOLUTION--CREATED--POWERS--DUTIES.--
A. The "office of alternative dispute prevention and resolution" is created as a bureau of the division.
B. In order to promote alternative dispute resolution, the office shall:
(1) organize and manage alternative dispute resolution programs for agencies, employees, vendors, businesses regulated by governmental entities and other interested parties;
(2) coordinate the use of neutral parties to facilitate alternative dispute resolution for interested parties and training for agency staff;
(3) implement development and use of alternative dispute resolution strategies;
[(4) provide staff support for the council;
(5)] (4) maintain information and educate government officials about training and use of alternative dispute resolution and referrals; and
[(6)] (5) prepare an annual report [for review and presentation by the council] on the use, cost and success of alternative dispute resolution programs."
SECTION 11. Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended) is amended to read:
"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:
A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections 13-1-135 through 13-1-137 NMSA 1978;
B. procurement of tangible personal property or services for the governor's mansion and grounds;
C. printing and duplicating contracts involving materials that are required to be filed in connection with proceedings before administrative agencies or state or federal courts;
D. purchases of publicly provided or publicly regulated gas, electricity, water, sewer and refuse collection services;
E. purchases of books and periodicals from the publishers or copyright holders thereof;
F. travel or shipping by common carrier or by private conveyance or to meals and lodging;
G. purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;
H. contracts with businesses for public school transportation services;
I. procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to rules adopted by the corrections [industries commission] department, which shall be reviewed by the purchasing division of the general services department prior to adoption;
J. minor purchases not exceeding five thousand dollars ($5,000) consisting of magazine subscriptions, conference registration fees and other similar purchases [where] for which prepayments are required;
K. municipalities having adopted home rule charters and having enacted their own purchasing ordinances;
L. the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;
M. contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections
33-3-26 and 33-3-27 NMSA 1978;
N. contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;
O. contracts and expenditures for services or items of tangible personal property to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;
P. contracts for retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
Q. contracts with professional entertainers;
R. contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;
S. contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county improvement districts pursuant to Subsection L of Section
4-55A-12.1 NMSA 1978;
T. works of art for museums or for display in public buildings or places;
U. contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;
V. purchases of advertising in all media, including radio, television, print and electronic;
W. purchases of promotional goods intended for resale by the tourism department;
X. procurement of printing services for materials produced and intended for resale by the cultural affairs department;
Y. procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act; provided that the exemption applies only to procurement of services not to exceed two hundred thousand dollars ($200,000);
Z. procurement of services from community rehabilitation programs or qualified individuals pursuant to
the State Use Act;
AA. purchases of products or services for eligible persons with disabilities pursuant to the federal Rehabilitation Act of 1973;
BB. procurement, by either the department of health or Grant county or both, of tangible personal property, services or construction that are exempt from the Procurement Code pursuant to Section 9-7-6.5 NMSA 1978;
CC. contracts for investment advisory services, investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;
DD. the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of livestock; and
EE. contracts entered into by the crime victims reparation commission to distribute federal grants to assist victims of crime, including grants from the federal Victims of Crime Act of 1984 and the federal Violence Against Women Act."
SECTION 12. Section 13-1-189 NMSA 1978 (being Laws 1984, Chapter 65, Section 162, as amended) is amended to read:
"13-1-l89. PROCUREMENTS PURSUANT TO THE CORRECTIONS INDUSTRIES ACT.--
A. All state agencies shall purchase and all local public bodies may purchase items of tangible personal property and services offered pursuant to the provisions of the Corrections Industries Act.
B. The corrections [industries commission] department shall prepare a catalogue containing an accurate and complete description of all items of tangible personal property and services available. A copy of the catalogue shall be provided to each state agency and local public body. The catalogue shall contain an approximate time required for delivery of each item of tangible personal property and service.
C. The state purchasing agent or a central purchasing office shall purchase available items of tangible personal property and services from the catalogue unless a determination is made that:
(1) an emergency exists requiring immediate action to procure the items of tangible personal property or service;
(2) the specifications for the items of tangible personal property or service, including quality, quantity and delivery requirements, cannot be met within a reasonable time by the corrections department; or
(3) the price to be paid to the corrections department for the items of tangible personal property or service is higher than the bid price of comparable items of tangible personal property or services."
SECTION 13. Section 15-3A-3 NMSA 1978 (being Laws 1989, Chapter 363, Section 3) is amended to read:
"15-3A-3. TRUST FUND CREATED--PURPOSES.--[There is created in the state treasury a permanent trust fund which shall be known as]
A. The "governor's residence preservation fund" is created as a nonreverting permanent trust fund in the state treasury. The fund shall consist of all gifts, donations and bequests of money to the [governor's residence advisory commission] fund as well as any appropriations made to the [commission] fund. Earnings from the investment of the fund shall be credited to the fund. Expenditure of the fund shall be [only for the purposes for which the commission was created and shall be] paid to the [commission] general services department upon vouchers signed by the [chairman of the commission] secretary of general services and warrants issued by the secretary of finance and administration.
B. The fund shall be used to:
(1) plan, assemble, dispose and acquire furnishings, art, landscaping materials and plans and other decorations for the public areas of the official residence of the governor;
(2) monitor and report on the status of maintenance of the governor's residence and recommend to the legislature actions necessary to repair, maintain and renovate the residence; and
(3) develop statewide interest in the residence and effect such measures as will enhance the governor's ability to provide appropriate hospitality to the visitors of the residence.
C. The general services department shall conduct a detailed inventory at the beginning of each governor's term and annually prepare and submit to the legislature and the governor a written inventory of and a statement on the condition of these public furnishings, art decorations and other items of the residence, as well as written statement on the condition of the residence as a whole.
D. The general services department may:
(1) use the assistance of the cultural affairs department, other state agencies and other persons in carrying out its duties; and
(2) accept on behalf of the state from any private or other public sources, money, gifts, donations and bequests for use in carrying out its duties."
SECTION 14. Section 18-5-5 NMSA 1978 (being Laws 1978, Chapter 70, Section 4, as amended) is amended to read:
"18-5-5. COMMISSION--DUTIES.--
A. The commission [will] shall:
(1) be advisory to the director [of the arts division], to the [state] secretary of cultural affairs [officer] and to state government in general where not in conflict with other statutory agencies. The governor [will] shall receive general counsel on the arts from the commission and from the division;
[B. The commission will]
(2) advise the division, the department, other state agencies and the governor concerning the protection, promotion and preservation of music and the music industry in New Mexico;
(3) advise and assist public agencies in elevating the role of music in New Mexico;
(4) protect, promote and preserve the music traditions of New Mexico;
(5) advise the director on all division policies, and the director shall provide the commission with all information requisite to such advice
[C. The commission shall]; and
(6) be consulted by the director before [he] the director approves, disapproves or modifies the distribution of federal and state program funds. The director shall provide the commission with all information requisite to such consultation.
[D.] B. The director shall keep the commission informed of the fiscal affairs of the division, including budget requests, appropriations and disbursements."
SECTION 15. Section 18-5-7 NMSA 1978 (being Laws 1978, Chapter 70, Section 6, as amended) is amended to read:
"18-5-7. DIVISION--POWERS--DUTIES.--The powers and duties of the [arts] division [of the office of cultural affairs shall be] are to:
A. [to] advise and assist public agencies in planning civic beautification;
B. [to] foster appreciation for the fine arts;
C. foster appreciation for the music traditions of New Mexico and encourage educational, creative and professional musical activities throughout the state;
[C. to] D. make this state more appealing to the world;
[D. to] E. encourage the creative activity in the arts of residents of this state and [to] attract to this state's residency additional outstanding creators in the field of fine arts through appropriate programs of publicity, education, coordination and direct activities such as sponsorship of performing and visual arts;
[E. to] F. accept on behalf of the state such donations of money, property or memorials as in its discretion are suitable and shall best further the aims of [Sections 18-5-1 through 18-5-7] Chapter 18, Article 5 NMSA 1978. The division shall be empowered to accept any additional gifts, contributions or bequests from private persons, corporations, foundations or agencies or the federal government. Such money so gained may be reemployed as part of a revolving fund to be used to further the purpose of [Sections 18-5-1 through 18-5-7] Chapter 18, Article 5 NMSA 1978;
[F. to] G. make, through its director, rules [and regulations] necessary to administer the division and as provided by law; and
[G. to] H. perform other duties as provided by law."
SECTION 16. Section 20-8-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 53, as amended) is amended to read:
"20-8-2. DEFINITIONS.--
A. "Armory" means any building, training area, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the national guard for the storage and maintenance of arms or military equipment or the administration or training of the national guard and state defense force personnel.
B. "Armory rental" means the casual rental of all or part of an armory facility to an individual or organization for a limited and specified purpose, duration and fee, which use is not in conflict with the ongoing occupancy and use of the armory by the national guard or state defense force.
C. "Local armory" means a particular armory by the name designation of the municipality or county commonly associated with it, including the armory building proper and any appurtenant facilities co-located with it.
[D. "Armory board council" means the advisory body comprised of the chairmen of all local armory boards, serving ex officio, and of the members of the state armory board, chaired by the adjutant general and convened semi-annually by the call of the state armory board to aid and advise that board in the formation of its regulations and policies.]"
SECTION 17. Section 20-8-3 NMSA 1978 (being Laws 1987, Chapter 318, Section 54, as amended) is amended to read:
"20-8-3. POWERS AND RESPONSIBILITIES.--The state armory board shall be empowered to:
A. act on behalf of the state in the exercise of its powers and responsibilities;
B. hold title to armories in its name on behalf of the state;
C. employ and maintain or retain technical, legal, administrative and clerical personnel, including an architect or engineer, a construction manager and a finance manager as deemed necessary by the board within its appropriated budget or federal reimbursement funds, as approved by itself and the department of finance and administration;
D. have control and supervision over the acquisition, construction, replacement, repair, alteration, improvement, furnishing, equipping, maintenance and operation of all armories and over all funds appropriated or obtained for those purposes;
E. acquire property deemed necessary for military purposes by purchase, exchange, lease, grant, gift or condemnation;
F. disregard the requirements of Sections 13-6-3 [15-3-20] and [15-3-23] 15-38-16 NMSA 1978;
G. borrow money for acquiring, constructing, replacing, repairing, altering, improving, furnishing, equipping and operating armories, as provided in Chapter 20, Article 8 NMSA 1978;
H. enter into contracts on behalf of the state with the United States or any of its agencies for the purpose of participating in any joint federal-state military construction for the purpose of receiving federal funds for military construction;
I. sell or exchange armory property when it determines the property is no longer necessary or suitable for military purposes; lease the property if its non-necessity or nonsuitability is determined to be temporary, but that any such lease shall be revocable at will should the adjutant general determine and declare military necessity and suitability, without liability against the state or the board being occasioned by the revocation; or to donate all or part of an armory property to the state, to a county or to a municipality pursuant to new or replacement armory acquisition or construction in the state;
J. guide, direct and supervise the local armory boards [the armory board council] and the state armory board fund;
K. delegate to local armory boards such powers as it deems appropriate, retaining the responsibility for proper supervision and accountability of the delegated powers;
L. regulate and audit armory rentals contracted by local armory boards;
M. submit an annual report to the governor, accounting for all state appropriated funds received and disbursed by it; and
N. meet quarterly or at the more frequent call of the adjutant general. The adjutant general shall prescribe and issue [regulations which he] rules that the adjutant general and the board deem appropriate for the operations of armories and for the exercise of powers by and the fulfillment of responsibilities of the board stated in Chapter 20, Article 8 NMSA 1978."
SECTION 18. Section 20-8-4 NMSA 1978 (being Laws 1987, Chapter 318, Section 55) is amended to read:
"20-8-4. LOCAL ARMORY BOARDS--MEMBERS.--[There are created] A local armory [boards] board is created for each local armory. The management and control of each local armory shall be the responsibility of its local armory board, subject to the guidance, direction and supervision of the state armory board. The senior commander of the national guard units occupying the armory, as [chairman] chair; one enlisted member serving in the armory, as secretary-treasurer; and one resident of the locality, who is not a member of the national guard, shall constitute the board for that locality. Discretionary appointments to each board shall be made by the adjutant general and shall be for [a term] terms of two years. Members shall serve without compensation but shall be paid per diem and mileage as provided in the Per Diem and Mileage Act. Each local armory board shall:
A. manage and control its local armory, subject to the guidance, supervision and direction of the state armory board and such [regulations] rules as the state armory board may promulgate;
B. maintain a local checking account;
C. administer and contract for armory rentals as it deems appropriate within [regulations] rules promulgated by the state armory board;
D. administer and account to the state armory board for all revenues therefrom;
E. transmit all revenues, less actual and reasonable expenses of the board and operations costs of its armory rentals, to the state armory board fund quarterly or more frequently;
F. report to the adjutant general annually, in September, on the physical condition of its local armory, including recommendations for improvements, repair and maintenance; and
G. participate in the semiannual meeting of the state armory board [council]."
SECTION 19. Section 21-22F-3 NMSA 1978 (being Laws 2005, Chapter 83, Section 3, as amended) is amended to read:
"21-22F-3. DEFINITIONS.--As used in the Public Service Law Loan Repayment Act:
[A. "committee" means the public service law advisory committee;
B.] A. "department" means the higher education department;
[C.] B. "legal education" means education at an accredited law school and any bar review preparation courses for the state bar examination;
[D.] C. "loan" means money allocated to defray the costs incidental to a legal education under a contract between the federal government or a commercial lender and a law school student, requiring either repayment of principal and interest or repayment in services;
[E.] D. "participating attorney" means an attorney who receives a loan repayment award from the department pursuant to the provisions of the Public Service Law Loan Repayment Act; and
[F.] E. "public service employment" means employment with:
(1) an organization that is exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code and that provides for the care and maintenance of indigent persons in New Mexico through civil legal services;
(2) the public defender department; or
(3) a New Mexico district attorney's office."
SECTION 20. Section 22-15E-1 NMSA 1978 (being Laws 2007, Chapter 44, Section 1 and Laws 2007, Chapter 239, Section 1) is amended to read:
"22-15E-1. SHORT TITLE.--[This act] Chapter 22, Article 15E NMSA 1978 may be cited as the "Mathematics and Science Education Act"."
SECTION 21. Section 22-15E-2 NMSA 1978 (being Laws 2007, Chapter 44, Section 2 and Laws 2007, Chapter 239, Section 2) is amended to read:
"22-15E-2. DEFINITIONS.--As used in the Mathematics and Science Education Act:
A. "bureau" means the mathematics and science bureau; and
B. "chief" means the chief of the bureau [and
C. "council" means the mathematics and science advisory council]."
SECTION 22. Section 22-15E-3 NMSA 1978 (being Laws 2007, Chapter 44, Section 3 and Laws 2007, Chapter 239, Section 3) is amended to read:
"22-15E-3. BUREAU CREATED--DUTIES.--
A. The "mathematics and science bureau" is created in the department. The secretary shall appoint the chief as provided in the Public Education Department Act.
B. The bureau shall:
(1) administer the provisions of the Mathematics and Science Education Act;
[(2) provide staff support for and coordinate the activities of the council;
(3) work with the council to]
(2) develop a statewide strategic plan for mathematics and science education in the public schools and coordinate education activities with other state agencies, the federal government, business consortia and public or private organizations or other persons;
[(4)] (3) ensure that school districts' plans include goals for improving mathematics and science education aligned to the department's strategic plan;
[(5)] (4) recommend funding mechanisms that support the improvement of mathematics and science education in the state, including web-based mathematics and science curricula, mentoring and web-based homework assistance;
[(6)] (5) promote partnerships among public schools, higher education institutions, government, business and educational and community organizations to improve the mathematics and science education in the state;
[(7)] (6) develop and evaluate curricula, instructional programs and professional development programs in mathematics and science aligned with state academic content and performance standards; and
[(8)] (7) assess the outcomes of efforts to improve mathematics and science education using existing data."
SECTION 23. Section 24-1-24 NMSA 1978 (being Laws 1997, Chapter 242, Section 7 and also Laws 1997, Chapter 247, Section 4) is amended to read:
"24-1-24. BRAIN INJURY SERVICES FUND CREATED.--
A. There is created in the state treasury the "brain injury services fund". The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978, and all income earned on the fund shall be credited to the fund.
B. The brain injury services fund shall be used to institute and maintain a statewide brain injury services program designed to increase the independence of persons with traumatic brain injuries.
C. The department of health shall adopt all rules [regulations and policies] necessary to administer a statewide brain injury services program. The department of health shall coordinate with and seek advice from the [brain injury advisory] developmental disabilities planning council to ensure that the statewide brain injury services program is appropriate for persons with traumatic brain injuries.
D. All money credited to the brain injury services fund shall be appropriated to the department of health for the purpose of carrying out the provisions of this section and shall not revert to the general fund."
SECTION 24. Section 24-1-28 NMSA 1978 (being Laws 2004, Chapter 46, Section 2, as amended) is amended to read:
"24-1-28. BEHAVIORAL HEALTH PLANNING COUNCIL CREATED--POWERS AND DUTIES--MEMBERSHIP.--There is created the "behavioral health planning council".
A. The council shall consist of [the following] no more than twenty members, all of whom shall be appointed by and serve at the pleasure of the governor, selected from the following groups:
(1) consumers of behavioral health services and consumers of substance abuse services, as follows:
(a) adults with serious mental illness;
(b) seniors;
(c) family members of adults with serious mental illness and of children with serious emotional or neurobiological disorders; and
(d) persons with co-occurring disorders;
(2) Native American representatives from a pueblo, an Apache tribe, the Navajo Nation and an urban Native American population;
(3) providers;
(4) state agency representation from among agencies responsible for:
(a) adult mental health and substance abuse;
(b) children's mental health and substance abuse;
(c) education;
(d) vocational rehabilitation;
(e) criminal justice;
(f) juvenile justice;
(g) housing;
(h) medicaid and social services;
(i) health policy planning;
(j) developmental disabilities planning; and
(k) disabilities issues and advocacy; and
[(5) such other members as the governor may appoint to ensure appropriate cultural and geographic representation; and
(6)] (5) advocates.
B. Providers and state agency representatives together may not constitute more than forty-nine percent of the council membership.
C. The council shall:
(1) advocate for adults, children and adolescents with serious mental illness or severe emotional, neurobiological and behavioral disorders, as well as those with mental illness or emotional problems, including substance abuse and co-occurring disorders;
(2) report annually to the governor and the legislature on the adequacy and allocation of mental health services throughout the state;
(3) encourage and support the development of a comprehensive, integrated, community-based behavioral health system of care, including mental health and substance abuse services, and services for persons with co-occurring disorders;
(4) advise state agencies responsible for behavioral health services for children and adults, as those agencies are charged in Section 9-7-6.4 NMSA 1978;
(5) meet [regularly and] no more than quarterly at the call of the chair, who shall be selected by the council membership from among its members;
(6) establish subcommittees, to meet at least quarterly, as follows:
(a) a medicaid subcommittee, chaired by the secretary of human services or a designee, which may also serve as a subcommittee of the medicaid advisory committee;
(b) a child and adolescent subcommittee, chaired by the secretary of children, youth and families or a designee;
(c) an adult subcommittee, chaired by the secretary of health or a designee;
(d) a substance abuse subcommittee, chaired by the secretary of health or a designee, which shall include DWI issues and shall include representation from local DWI councils;
(e) a Native American subcommittee, chaired by the secretary of Indian affairs or a designee; and
(f) other subcommittees as may be established by the chair of the council to address specific issues. All subcommittees may include nonvoting members appointed by the chair for purposes of providing expertise necessary to the charge of the respective subcommittee;
(7) review and make recommendations for the comprehensive mental health state block grant and the substance abuse block grant applications, the state plan for medicaid services and any other plan or application for federal or foundation funding for behavioral health services; and
(8) replace the governor's mental health planning council and act in accordance with Public Law 102-321 of the federal Public Health Service Act."
SECTION 25. Section 24-10B-1 NMSA 1978 (being Laws 1983, Chapter 190, Section 1) is amended to read:
"24-10B-1. SHORT TITLE.--[This act] Chapter 24, Article 10B NMSA 1978 may be cited as the "Emergency Medical Services Act"."
SECTION 26. Section 24-10B-4 NMSA 1978 (being Laws 1983, Chapter 190, Section 4, as amended) is amended to read:
"24-10B-4. BUREAU--DUTIES.--The bureau is designated as the lead agency for the emergency medical services system, including injury prevention, and shall establish and maintain a program for regional planning and development, improvement, expansion and direction of emergency medical services throughout the state, including:
A. design, development, implementation and coordination of emergency medical services communications systems to join the personnel, facilities and equipment of a given region or system that will allow for medical direction;
B. provision of technical assistance to the public regulation commission for further development and implementation of standards for certification of ambulance services, vehicles and equipment;
C. development of requirements for the collection of data and statistics to evaluate the availability, operation and quality of providers in the state;
D. adoption of rules for emergency medical services medical direction [upon the recommendation of the medical direction committee];
E. approval of continuing education programs for emergency medical services personnel;
F. adoption of rules pertaining to the training and licensure of emergency medical dispatchers and their instructors;
G. adoption of rules [based upon the recommendations of a trauma advisory committee] for implementation and monitoring of a statewide, comprehensive trauma care system, including:
(1) minimum standards for designation or retention of designation as a trauma center or a participating trauma facility;
(2) pre-hospital care management guidelines for the triage and transportation of traumatized persons;
(3) establishment for interfacility transfer criteria and transfer agreements;
(4) standards for collection of data relating to trauma system operation, patient outcome and trauma prevention; and
(5) creation of a state trauma care plan;
H. adoption of rules [based upon the recommendations of the air transport advisory committee] for the certification of air ambulance services;
I. adoption of rules pertaining to authorization of providers to honor advance directives, such as emergency medical services do not resuscitate forms, to withhold or terminate care in certain pre-hospital or interfacility circumstances, as guided by local medical protocols;
J. operation of a critical incident stress management program for emergency providers [utilizing] using specifically trained volunteers who shall be considered public employees for the purposes of the Tort Claims Act when called upon to perform their duties;
K. adoption of rules to establish a cardiac arrest targeted response program pursuant to the Cardiac Arrest Response Act, including registration of automated external defibrillator programs, maintenance of equipment, data collection, approval of automated external defibrillator training programs and a schedule of automated external defibrillator program registration fees;
L. adoption of rules for the administration of an emergency medical services certification program for certified emergency medical services; and
M. promoting, developing, implementing, coordinating and evaluating risk reduction and injury prevention systems."
SECTION 27. Section 24-10B-5.1 NMSA 1978 (being Laws 1993, Chapter 161, Section 5, as amended) is amended to read:
"24-10B-5.1. LICENSING [COMMISSION ESTABLISHED].--
A. The [secretary shall appoint an "emergency medical services licensing commission", which shall be staffed by the bureau and composed of one lay person, three emergency medical technicians, one from each level of licensure, and three physicians, at least two of whom shall have expertise in emergency medicine and who are appointed from a list proposed by the New Mexico chapter of the American college of emergency physicians.
B. The composition of the emergency medical services licensing commission shall reflect geographic diversity and both public and private interests. The members shall serve for three-year staggered terms. The duties of and procedures for the emergency medical services licensing commission shall be delineated in rules promulgated pursuant to Subsection A of Section 24-10B-5 NMSA 1978. Such duties include] bureau shall:
(1) [providing] establish a forum for the receipt of public comment regarding emergency medical services licensing matters;
[(2) oversight of the bureau's licensure functions;
(3) receiving] (2) receive complaints, [directing] direct investigations and [authorizing] authorize the initiation of actions by the bureau regarding contemplated refusal to grant initial licensure and for disciplinary actions against licensees; and
[(4) the granting of] (3) grant waivers, for good cause shown, of rules pertaining to licensure renewal.
[C.] B. The [emergency medical services licensing commission] bureau may compel the production of books, records and papers pertinent to any investigation authorized by the Emergency Medical Services Act and may seek enforcement of any subpoena so issued through the district court in the county in which the custodian of the document is located in camera.
[D. The emergency medical services licensing commission shall meet as needed, but not less frequently than semiannually. The emergency medical services licensing commission shall be subject to the provisions of the Per Diem and Mileage Act.]"
SECTION 28. Section 24-10B-7 NMSA 1978 (being Laws 1983, Chapter 190, Section 7, as amended) is amended to read:
"24-10B-7. COMMITTEES ESTABLISHED.--
A. The secretary [shall] may appoint [a] statewide emergency medical services advisory [committee] ad hoc committees as needed to advise the bureau in carrying out the provisions of the Emergency Medical Services Act. [The advisory committee shall include, at a minimum, representatives from the state medical society, the state emergency medical technicians' association, the state firefighters' association, the New Mexico ambulance association, the state nurses' association, the association of public safety communications organization/national emergency numbers association, the lead state agency for public safety and emergency preparedness, the state emergency services council, the New Mexico health and hospital systems association, the university of New Mexico health sciences center, the state fire chiefs' association, a consumer, emergency medical service regional offices and other interested provider and consumer groups as determined by the secretary. The advisory committee shall establish appropriate subcommittees, including a trauma advisory committee and an air transport advisory committee.
B. The joint organization on education committee shall be composed, at a minimum, of the director and medical director of the academy and each approved emergency medical services training program or their designee, the state emergency medical services medical director, the bureau chief or his designee, who shall serve without vote, each emergency medical services regional office training coordinator and one provider from the three highest levels of licensure, who are appointed by the secretary from a list proposed by the statewide emergency medical services advisory committee. The duties of the joint organization on education committee include]
B. The bureau shall:
(1) [developing] develop minimum curricula content for approved emergency medical services training programs;
(2) [establishing] establish minimum standards for approved emergency medical services training programs;
(3) [reviewing and approving] review and approve the applications of organizations seeking to become approved emergency medical services training programs; [and]
(4) [developing] develop minimum qualifications for and [maintaining] maintain a list of instructors for each of the approved emergency medical services training programs;
[C. The secretary shall appoint a medical direction committee to advise the bureau on matters relating to medical direction. The state emergency medical services medical director shall be a member of the committee and shall act as its chairman. The medical direction committee shall include, at a minimum, a physician representative experienced in pre-hospital medical care selected from a list proposed by the New Mexico chapter of the American college of emergency physicians, a physician representative from the academy, one physician from each of the emergency medical services geographic regions, one physician with pediatric emergency medicine expertise, one physician representing emergency medical dispatchers and one provider from the three highest levels of licensure. Members shall be selected to represent both public and private interests. The duties of the medical direction committee include:
(1) reviewing the medical appropriateness of all rules proposed by the bureau;
(2) reviewing and approving] (5) review and approve the applications of providers for special skills authorizations; and
[(3) assisting in the development of rules pertaining to medical direction; and
(4) reviewing] (6) review at least annually a list of skills, techniques and medications approved for use at each level of licensure that shall be approved by the secretary and issued by the bureau.
[D. The committees created in this section are subject to the provisions of the Per Diem and Mileage Act, to the extent that funds are available for that purpose.
E. Any decision that the bureau proposes to make contrary to the recommendation of any committee created in this section shall be communicated in writing to that committee. Upon the request of that committee, the decision shall be submitted for reconsideration to the director of the public health division of the department and subsequently to the secretary. Any decision made pursuant to a request for reconsideration shall be communicated in writing by the department to the appropriate committee.]"
SECTION 29. Section 24-19-3 NMSA 1978 (being Laws 1986, Chapter 15, Section 3, as amended) is amended to read:
"24-19-3. DEFINITIONS.--As used in the Children's Trust Fund Act:
A. "board" means the children's trust fund board of trustees;
B. "children's projects" means projects that provide services to children on a one-time, short-term demonstration basis, including services to their families, consistent with the purposes of the Children's Trust Fund Act;
[C. "council" means the next generation council;
D.] C. "department" means the children, youth and families department;
[E.] D. "next generation fund projects" means projects funded from the next generation fund that meet the requirements for funding provided in Section [5 of this 2005 act] 24-19-10 NMSA 1978; and
[F.] E. "secretary" means the secretary of children, youth and families."
SECTION 30. Section 24-19-8 NMSA 1978 (being Laws 1986, Chapter 15, Section 8, as amended) is amended to read:
"24-19-8. CHILDREN, YOUTH AND FAMILIES DEPARTMENT--ADDITIONAL POWERS AND DUTIES.--The department shall:
A. promulgate rules approved by the board;
B. transmit proposals for children's projects [to the board] and next generation fund projects to the [council] board for evaluation [and report on the proposals];
C. enter into contracts approved by the board to carry out the proposed children's project or next generation fund project, provided that:
(1) not more than fifty percent of the total funds distributed for any one fiscal year from the children's trust fund shall be allocated for any single children's project;
(2) not more than fifty percent of the total funds distributed for any one fiscal year from the next generation fund shall be allocated for any single next generation fund project;
(3) each children's project shall be funded for a specified period, not to exceed four years, and funds shall not be used for maintenance of ongoing or permanent efforts extending beyond the period specified, except that a children's project may be extended once for a period not to exceed the original, and the board shall approve rules providing procedures and guidelines for the preparation and approval of proposals for children's projects and providing for any other matter the board deems necessary for the administration of the Children's Trust Fund Act; and
(4) no contract shall be entered into if the department finds it contrary to law;
D. furnish the board [and the council] with the necessary technical and clerical assistance;
E. adopt standard contract provisions; and
F. report at least annually to the governor and the legislature on the progress of its work and the results of children's projects and next generation fund projects."
SECTION 31. Section 25-1-6 NMSA 1978 (being Laws 1977, Chapter 309, Section 6) is amended to read:
"25-1-6. [AGENCY] DIVISION--POWERS AND DUTIES.--[A.] The [agency] division is authorized and has the duty to execute any provisions of the Food Service Sanitation Act delegated to it under that act or by the board under authority of that act and specifically is directed to administer and enforce the provisions of [regulations] rules adopted under it.
[B. The director of the agency may appoint an advisory council composed of food service technicians to assist in carrying out the objectives of the Food Service Sanitation Act.]"
SECTION 32. Section 28-10-3.1 NMSA 1978 (being Laws 1995, Chapter 95, Section 1, as amended) is amended to read:
"28-10-3.1. FULL-SERVICE GASOLINE STATIONS--DECAL DISPLAY--SERVICE TO PERSON WITH A DISABILITY.--
A. The [governor's commission on disability] aging and long-term services department shall design and produce a decal for display in full-service gasoline stations signifying that the gasoline station will provide gasoline pumping, window washing, fluid checks and other services provided at its full-service island to any properly permitted or certified driver with a disability at a self-service island.
B. Any full-service gasoline station providing the services described in Subsection A of this section may request and shall receive the decal upon application to the [governor's commission on disability] department.
C. No gasoline station shall display the decal issued by the [governor's commission on disability] department unless it provides full service to any driver with a disability at a self-service island.
D. A gasoline station owner or operator who displays a decal signifying that the station will provide additional services to drivers with a disability at a self-service island and who fails to provide that service shall be subject to revocation of the decal for display according to this section."
SECTION 33. Section 28-10-3.2 NMSA 1978 (being Laws 1999, Chapter 297, Section 1) is amended to read:
"28-10-3.2. SHORT TITLE.--Sections [1 and 2 of this act] 28-10-3.2 and 28-10-3.3 NMSA 1978 may be cited as the "Parking Placard Abuse Act"."
SECTION 34. Section 28-10-3.3 NMSA 1978 (being Laws 1999, Chapter 297, Section 2, as amended) is amended to read:
"28-10-3.3. PROGRAM CREATED.--The "placard abuse prevention program" is created in the [governor's commission on disability] aging and long-term services department to ensure compliance with statutes affecting parking privileges for persons with severe mobility impairment and safe and effective use of designated disabled parking space. The [commission] department shall design and implement a program to:
A. monitor the system of eligibility for and use of parking placards and special registration plates;
B. provide public awareness education and training to address barriers to the appropriate use of designated disabled parking space;
C. pursue efforts to reduce abuse and misuse of designated disabled parking space privileges, including revocation of parking placards and special registration plates; and
D. provide education, training and technical assistance to local law enforcement agencies and volunteers on enforcement of statutes affecting use of designated disabled parking space."
SECTION 35. Section 28-10-5 NMSA 1978 (being Laws 1973, Chapter 349, Section 5, as amended) is amended to read:
"28-10-5. DISABILITY FUND CREATED.--
A. There is created in the state treasury [a] the "disability fund". All funds, gifts, donations, bequests and other income of the [governor's commission on disability] aging and long-term services department attributable to disability functions pursuant to Sections 28-10-2 through 28-10-8.1 NMSA 1978 shall be deposited [by the director of the commission] in the fund and shall be appropriated to the [commission] department to further the purpose of those sections [28-10-1 through 28-10-8.1 NMSA 1978] or for the purposes stated by the donor or grantor of the funds.
B. Distributions made to the disability fund from the housing modification for persons with a disability permanent fund shall constitute a separate account in the fund and are appropriated to the [governor's commission on disability] department for the purpose of carrying out a residential accessibility modification program.
C. Money in the disability fund shall not revert but shall be used only [as provided in Sections 28-10-1 through 28-10-8.1 NMSA 1978] for services and programs related to long-term planning, training and employment of individuals with disabilities, architectural barrier removal, the gasoline station decal program, the placard abuse prevention program and other efforts by the disabilities concerns division of the department to improve the lives of individuals with disabilities as provided in the Aging and Long-Term Services Department Act."
SECTION 36. Section 28-16A-1 NMSA 1978 (being Laws 1993, Chapter 50, Section 1) is amended to read:
"28-16A-1. SHORT TITLE.--[Sections 1 through 18 of this act] Chapter 28, Article 16A NMSA 1978 may be cited as the "Developmental Disabilities Act"."
SECTION 37. Section 28-16A-5 NMSA 1978 (being Laws 1993, Chapter 50, Section 5) is amended to read:
"28-16A-5. POWERS AND DUTIES.--
A. The developmental disabilities planning council shall:
(1) act as a planning and coordinating body for persons with developmental disabilities;
(2) provide statewide advocacy systems for persons with developmental disabilities;
(3) work with appropriate state agencies to develop the developmental disabilities three-year plan as required by the federal Developmental Disabilities Assistance and Bill of Rights Act;
(4) monitor and evaluate the implementation of the developmental disabilities state plan;
(5) to the maximum extent feasible, review and comment on all state plans that relate to programs affecting persons with developmental disabilities;
(6) submit to the secretary of the United States department of health and human services, through the office of the governor, periodic reports that the secretary may request;
(7) advise the governor and the legislature about the needs of persons with developmental disabilities; [and]
(8) study and make recommendations to the governor, the legislature and other state agencies concerning case management, community support systems, long-term care, employment, emergency medical services, rehabilitation and prevention and the improvement and coordination of state activities relative to the concerns of persons with brain injuries and their families or other caregivers;
(9) advise appropriate state agencies and private organizations on the development of services and supports that meet the needs of persons with brain injuries; and
[(8)] (10) carry out any other activities authorized or required by the provisions of the federal Developmental Disabilities Assistance and Bill of Rights Act.
B. The developmental disabilities planning council is authorized to:
(1) award grants and enter into contracts to carry out its duties;
(2) seek funding from sources other than the state;
(3) create and support regional county or local advisory councils; and
(4) provide training to persons with developmental disabilities, their families and providers of support and services through traineeships, sponsoring training opportunities and by other means determined appropriate by the developmental disabilities planning council."
SECTION 38. Section 28-21-1 NMSA 1978 (being Laws 1999, Chapter 163, Section 1) is amended to read:
"28-21-1. SHORT TITLE.--[This act] Chapter 28, Article 21 NMSA 1978 may be cited as the "African American Affairs Act"."
SECTION 39. Section 28-21-3 NMSA 1978 (being Laws 1999, Chapter 163, Section 3) is amended to read:
"28-21-3. OFFICE CREATED--POWERS AND DUTIES.--
A. The "office on African American affairs" is created and attached administratively to the human services department.
B. The governor shall appoint a director, who shall work at the pleasure of the governor. The director shall employ other necessary employees, who shall be subject to the provisions of the Personnel Act.
C. The office [in cooperation with the Martin Luther King, Jr. commission] shall:
(1) study issues important to African Americans, including history and culture; education, scholarships and other financial assistance for education and career development; economic and social problems and issues such as jobs, housing, discrimination, family support, youth idleness and crime; and health care, maternal and child health, teen pregnancy, access and other health issues;
(2) secure recognition of African Americans' accomplishments and contributions to New Mexico and the United States;
(3) cooperate with and assist public and private entities dealing with issues important to African Americans;
(4) develop a plan for the commemoration and celebration of the official legal holiday honoring Martin Luther King, Jr., including coordinating state plans and activities with federal plans and activities for the commemoration and celebration of Martin Luther King, Jr.'s birthday;
(5) develop, with other agencies of the state, an interpretive program that explores the historical, social, political and cultural themes associated with the life and works of Martin Luther King, Jr.;
(6) develop and acquire interpretive materials and publications on the significance of Martin Luther King, Jr.'s work and develop a commemorative program for state employees, school children and the general public;
[(4)] (7) direct the operations of the office;
[(5)] (8) where appropriate, conduct periodic conferences throughout the state to inform African Americans of the opportunities available to them through state and private sources, to encourage them to share their history and culture with other New Mexicans and participate in the social and political processes of their communities and to learn from conference participants their needs and problems; and
[(6)] (9) otherwise act as an advocate for African American citizens of New Mexico.
D. Additionally, the office shall:
(1) act as a clearinghouse for information important to the African American community;
(2) function as the coordinating office for all services and activities of state agencies and programs pertaining to African Americans;
(3) encourage funding and implementation of training programs and other opportunities for African Americans;
(4) promote and develop programs about community resources designed to meet the needs of African Americans;
(5) prepare and submit a budget for the office; and
(6) publish an annual report on the activities and services of the office.
E. The office may:
(1) adopt and promulgate rules in accordance with the State Rules Act to carry out the duties of the office;
(2) accept gifts, grants, donations, bequests and devises from any source to be used to carry out its duties; and
(3) enter into contracts."
SECTION 40. Section 28-21-4 NMSA 1978 (being Laws 1999, Chapter 163, Section 4) is amended to read:
"28-21-4. FUND CREATED--ADMINISTRATION.--
A. The "office on African American affairs fund" is created in the state treasury. The fund shall consist of gifts, grants, donations and bequests. Money in the fund at the end of any fiscal year shall not revert. The fund shall be administered by the office, and disbursements from the fund shall be made on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the office or [his] the director's authorized representative.
B. The "Martin Luther King, Jr. fund" is created in the state treasury and shall consist of appropriations, gifts, grants, donations and bequests. Money from the fund shall be disbursed upon warrant of the secretary of finance and administration pursuant to vouchers submitted by the director or the director's authorized representative."
SECTION 41. Section 32A-2-23.1 NMSA 1978 (being Laws 2009, Chapter 239, Section 23) is amended to read:
"32A-2-23.1. RELEASE ELIGIBILITY.--
A. The department shall have exclusive jurisdiction and authority to release an adjudicated delinquent child during the term of the child's commitment, consistent with the provisions of the Victims of Crime Act. In determining whether to release a child, the department shall give due consideration to public safety, the extent to which the child has been rehabilitated, the adequacy and suitability of the proposed release plan and the needs and best interests of the child, including the child's need for behavioral health or medical services that are not available in facilities for adjudicated delinquent children.
B. The decision to grant or deny release shall be made by the secretary of children, youth and families or the secretary's designee. The department may impose such conditions of release as it deems appropriate.
C. A child is eligible for release any time after the entry of a judgment transferring legal custody to the department, and the department may consider a reasonable request for release from the child at any time sixty days after the child has been committed.
[D. In the event release for a child is denied by the department after release is recommended for the child by the juvenile public safety advisory board, or release is approved by the department after the board has recommended that the child not be released, within ten days, the board may request a review of the decision by the court of the judicial district from which legal custody of the child was transferred, and the department shall transmit the child's records to the court. The court shall have jurisdiction to review the matter without conducting a formal hearing and to issue an order that either denies or grants release to the child. If the board requests review under this section, the child shall not be released until such time as the court has issued a decision. If the board does not petition the district court for review of the department's decision to grant or deny release within ten days of the department's decision, the department's decision shall be final, and the department shall release the child or continue the commitment in accordance with the terms of its decision.
E.] D. The secretary of children, youth and families or the secretary's designee may review the case of any child upon the child's [or the juvenile public safety advisory board's] reasonable request at any time after release is denied."
SECTION 42. Section 32A-2-23.2 NMSA 1978 (being Laws 2009, Chapter 239, Section 24) is amended to read:
"32A-2-23.2. RELEASE PROCEEDINGS.--
A. [When the department determines that a child is ready to be released, it shall provide a list of children to the juvenile public safety advisory board at least thirty-five days prior to the next regularly scheduled release consideration meeting.] The department shall ensure that all [other] notifications of a pending release proceeding are accomplished consistent with the provisions of the Victims of Crime Act.
B. Release consideration meetings shall be held at least quarterly, are not open to the public and shall include the child [a quorum of the board] and a representative of the department. The child's attorney shall receive notice and may be present at the release meeting."
SECTION 43. Section 32A-16-1 NMSA 1978 (being Laws 1989, Chapter 290, Section 1, as amended) is amended to read:
"32A-16-1. OFFICE CREATED--DIRECTOR APPOINTED.--The "office of child development" is created within the [children, youth and families] department. The executive and administrative head of the office of child development is the "director of child development". The director shall be appointed by the secretary of children, youth and families [based upon the recommendations of the child development board]."
SECTION 44. Section 32A-16-2 NMSA 1978 (being Laws 1989, Chapter 290, Section 2, as amended) is amended to read:
"32A-16-2. DIRECTOR--DUTIES.--The director of child development shall:
A. employ and discharge personnel necessary for the operation of the office of child development;
[B. carry out the policies of the child development board;
C.] B. prepare financial reports and budget requests for presentation to the [children, youth and families] department;
[D. administrate the] C. administer licensure procedures and program criteria; [developed by the child development board;
E.] D. assure and work to foster coordination between all state agencies dealing with [childcare] child care; and
[F.] E. identify all sources of child development licensure preparation and training, disseminate information and coordinate resources to meet child development licensure and training needs."
SECTION 45. Section 32A-16-4 NMSA 1978 (being Laws 1989, Chapter 290, Section 4, as amended) is amended to read:
"32A-16-4. [POWERS AND] DUTIES OF THE [BOARD] OFFICE.--The office of child development [board] shall:
[A. recommend to the secretary of children, youth and families the hiring of a director of child development;
B.] A. consider and adopt licensure requirements, policies and procedures for [individuals] persons working in licensed or registered health facilities with children from birth to age five; provided that such licensure requirements shall not apply to [individuals] persons working in group homes pursuant to Section 9-8-13 NMSA 1978;
[C.] B. consider and make recommendations to the public education department regarding additional licensure requirements for public school personnel working with public school children up to age eight;
[D.] C. work with other state agencies to promote a uniform and comprehensive method of licensing child care personnel;
[E. develop and adopt policies and procedures for the office of child development;
F.] D. develop levels of licensure for nonpublic school personnel depending upon the age of children served, the training facility used and the program in which the [individual] person is employed;
[G.] E. work with the department of health to develop levels of licensure for nonpublic school personnel serving children who are developmentally delayed or at risk for developmental delay, birth through two years;
[H.] F. develop and adopt program criteria for
state-funded preschool programs serving children from birth to age five; provided that criteria shall not apply to programs serving children who have a developmental delay or are at risk for developing a delay, birth through two years, and programs serving children who have a developmental delay, three through five years; and
[I.] G. work with other state agencies to monitor the implementation of state-funded preschool program criteria."
SECTION 46. Section 33-8-1 NMSA 1978 (being Laws 1981, Chapter 127, Section 1) is amended to read:
"33-8-1. SHORT TITLE.--[Sections 1 through 15 of this act] Chapter 33, Article 8 NMSA 1978 may be cited as the "Corrections Industries Act"."
SECTION 47. Section 33-8-2 NMSA 1978 (being Laws 1981, Chapter 127, Section 2, as amended) is amended to read:
"33-8-2. DEFINITIONS.--As used in the Corrections Industries Act:
[A. "commission" means the corrections industries commission;
B.] A. "department" means the corrections department;
[C.] B. "enterprise" means a manufacturing, agricultural or service operation or group of closely related operations within the bounds of a facility but does not include standard facility maintenance activities and services;
[D.] C. "facility" means a place under the jurisdiction of the department at which individuals are confined pursuant to court order;
[E.] D. "fund" means the corrections industries revolving fund;
[F.] E. "local public body" means all political subdivisions of the state and their agencies, instrumentalities and institutions supported wholly or in part by funds derived from public taxation; and
[G.] F. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions supported wholly or in part by funds derived from public taxation."
SECTION 48. Section 33-8-6 NMSA 1978 (being Laws 1981, Chapter 127, Section 6, as amended) is amended to read:
"33-8-6. [COMMISSION] DEPARTMENT--POWERS AND DUTIES.--The [commission] department has the [following] powers and duties to:
A. determine those enterprises to be conducted in facilities in such volume, kind and place as to eliminate unnecessary inmate idleness at all facilities and to provide diversified work activities that will serve as a means of enhancing vocational skills;
B. determine whether any enterprise should be established, expanded, diminished or discontinued;
C. establish policy with respect to the conduct of all enterprises;
D. approve the prices at which all services and products provided, manufactured, produced or harvested by enterprises shall be furnished; provided that the prices shall be as near the prevailing market price as possible. As used in this subsection, "prevailing market price" means the prevailing price that an equivalent product or service would have if purchased by a state agency or local public body from community sources. The [commission] department shall include data provided by the state purchasing [division of the general services department] agent in the price determination process. Compensation paid to inmates shall be included as an item of the cost in fixing prices;
E. consult regularly and continuously with state agencies and local public bodies in order to develop new enterprise products, adapt existing enterprise products and establish new service functions to meet their needs;
F. act as liaison with private industry, organized labor, the legislature and the general public;
G. obtain and provide technical assistance for enterprise programs;
[H. hold meetings at such times and for such periods as it deems essential, but not less than quarterly;
I. recommend to the department the adoption of rules necessary to carry out the provisions of the Corrections Industries Act;
J.] H. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of raw materials involving the expenditure of twelve thousand dollars ($12,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product. Records of such purchases shall be maintained for an auditor's inspection [and reported at the next scheduled commission meeting]. Separate purchases of the same or similar materials from the same or different suppliers at the same time or about the same time where each purchase does not exceed twelve thousand dollars ($12,000), but the aggregate of such purchases exceeds twelve thousand dollars ($12,000), shall be considered a single purchase involving more than twelve thousand dollars ($12,000);
[K.] I. notwithstanding any other provision of law, adopt policies and procedures that permit an enterprise to make a single purchase of a product or service other than raw materials involving the expenditure of two thousand dollars ($2,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product or service. Records of such purchases shall be maintained for an auditor's inspection [and reported at the next scheduled commission meeting]. Separate purchases of the same or similar materials or services from the same or different suppliers at the same time or about the same time where each purchase does not exceed two thousand dollars ($2,000), but the aggregate of such purchases exceeds two thousand dollars ($2,000), shall be considered a single purchase involving more than two thousand dollars ($2,000);
[L.] J. review, approve, adopt and monitor an annual budget for all enterprises. The budget process shall include a projected profit analysis, sales forecast and anticipated year-end financial forecast;
[M. submit and recommend the names of one or more qualified individuals to the secretary of corrections for appointment as director of the corrections industries division;
N. advise the director of the corrections industries division in the management and control of the corrections industries division;
O.] K. assist in the process of inmate occupational placement upon release from confinement by coordination with the parole board and the field services division; and
[P.] L. prepare an annual report to the governor and the legislature that contains:
(1) a detailed financial statement for each enterprise in each facility;
(2) a detailed financial statement of the fund;
(3) reasons for establishing or terminating enterprises;
(4) a summary of plans to develop additional enterprises;
(5) the number of inmates employed in each enterprise;
(6) the number of idle inmates available for work at each facility; and
(7) any further information requested by the governor or the legislature."
SECTION 49. Section 33-8-7 NMSA 1978 (being Laws 1981, Chapter 127, Section 7) is amended to read:
"33-8-7. CORRECTIONS INDUSTRIES REVOLVING FUND CREATED.--[There is created in the state treasury a fund which shall be administered by the department secretary as directed by the commission and which shall be known as] The "corrections industries revolving fund" is created as a nonreverting fund in the state treasury. The corrections department shall administer the fund. All income, receipts and earnings from the operation of enterprises shall be credited to the fund. Money deposited in the fund shall be used only to meet necessary expenses incurred in the maintenance, operation and expansion of existing enterprises and in the establishment, maintenance, operation and expansion of new enterprises. All interest earned on money in the fund shall be credited to the fund. [No part of the fund shall revert at the end of any fiscal year.] Money in the fund shall be expended by warrant of the secretary of finance and administration on vouchers signed by the secretary of corrections or the secretary of corrections' authorized representative."
SECTION 50. Section 33-8-8 NMSA 1978 (being Laws 1981, Chapter 127, Section 8, as amended) is amended to read:
"33-8-8. INMATE COMPENSATION.--
A. The [commission] department shall establish and periodically review a plan for compensation to inmates engaged in enterprise programs and public works. The compensation shall be in accordance with a graduated schedule based on work conduct, performance, experience, skills and responsibilities. Compensation shall be paid from the fund and credited to the general account of the inmate except as provided by Subsection C of this section. An inmate may draw against [his] the inmate's general account during [his] confinement through the use of coupons, canteen checks or similar plans.
B. Pursuant to the provisions of Article 20, Section 15 of the constitution of New Mexico, if an inmate has a dependent family, [his] the inmate's net compensation shall be paid to [his] the inmate's family if necessary for its support. The department shall make diligent effort to determine those inmates who have dependent families in need of support.
C. The department shall promulgate necessary rules [and regulations]:
(1) to implement the provisions of Subsection B of this section in a thorough and equitable manner; and
(2) except as provided in Subsection D of this section, to provide for deductions from inmate compensation for victim restitution, reasonable costs incident to confinement and for discharge money upon release from confinement.
D. The deductions provided by [this] Subsection C of this section shall apply to inmate compensation, including payments pursuant to Section 33-2-26 NMSA 1978; wages earned pursuant to the provisions of Section 33-8-13 NMSA 1978; wages earned in work projects certified pursuant to the federal private-sector prison industry enhancement certification program; and [to] wages earned in inmate-release programs [provided that]. The deductions provided by [this] Paragraph (2) of Subsection C of this section shall not exceed fifty percent of net compensation, payment or wages and [that] the deduction for victim restitution shall be not less than fifteen percent of net compensation, payment or wages. If the court has not ordered victim restitution, the deduction for victim restitution shall be transmitted to the state treasurer for credit to the crime victims reparation fund."
SECTION 51. Section 33-8-12.2 NMSA 1978 (being Laws 1985 (1st S.S.), Chapter 7, Section 3) is amended to read:
"33-8-12.2. CORRECTIONS INDUSTRIES SALES REPRESENTATIVES.--
A. The secretary of corrections may employ [individuals] persons necessary to serve as sales representatives for the marketing of goods and services produced or assembled through the corrections industries division and who shall be classified personnel and be paid in accordance with a [commission-based] department-based incentive compensation plan approved by the personnel board for sales to purchasers other than state agencies and local public bodies not to exceed two percent [(2%)].
B. The secretary of corrections may contract with persons or business entities to serve on an independent contractor basis as sales representatives for marketing goods or services produced or assembled through the corrections industries division."
SECTION 52. Section 33-8-13 NMSA 1978 (being Laws 1981, Chapter 127, Section 13) is amended to read:
"33-8-13. PRIVATE INDUSTRY ON FACILITY GROUNDS.--
A. The department [secretary, upon recommendation of the commission] may lease real property on the grounds of any facility and may provide for reasonable access to and egress from the leased property to a private commercial industry for the purpose of establishing and operating a factory for the manufacture and processing of products or to any other commercial industry deemed by the [commission] department to be consistent with the purposes of the Corrections Industries Act.
B. Any agreement entered into pursuant to this section shall provide that:
(1) all persons employed in the enterprise, except administrative, supervisory and training personnel, shall be inmates of the facility where the leased property is located who volunteer for employment and who are approved for such employment by the [superintendent] warden of that facility;
(2) the enterprise shall at all times observe practices and procedures regarding security as the lease may specify or as the facility [superintendent] warden may temporarily stipulate during periods of emergency; and
(3) the enterprise shall be deemed a private enterprise and subject to all laws governing the operation of similar private business enterprises; provided that the provisions of the Unemployment Compensation Law shall not apply to inmate employees."
SECTION 53. Section 66-7-503 NMSA 1978 (being Laws 1978, Chapter 35, Section 490, as amended) is amended to read:
"66-7-503. DEFINITIONS.--As used in the Traffic Safety Act:
A. "bureau" means the traffic safety bureau of the department;
B. "chief" means the administrative head of the bureau;
[C. "committee" means the advisory committee to the bureau;] and
[D.] C. "department" means the [state highway and] department of transportation [department]."
SECTION 54. Section 66-7-511 NMSA 1978 (being Laws 1978, Chapter 35, Section 498) is amended to read:
"66-7-511. ACCEPTANCE OF GIFTS [FUNCTION OF ADVISORY COMMITTEE].--[A.] The bureau, with the approval of the governor, may accept on behalf of the state any gift, grant or money given to the bureau for any and all purposes specified in the Traffic Safety Act. Any special grant shall be held by the state treasurer in a special fund and shall be expended in accordance with the terms of the gift or grant upon proper voucher and warrant drawn by the director [of his] or the director's designated agent.
[B. The advisory committee, upon the call of the chairman, shall convene and shall undertake the study and evaluation of all applications for federal grants pertaining to traffic safety programs or affairs. The advisory committee shall make its findings and recommendations available to the chief in the form of minutes or written report, whereupon the committee shall adjourn awaiting the call of the chair.]"
SECTION 55. REPEAL--AGRICULTURE.--The rangeland protection advisory committee, Section 76-7B-5 NMSA 1978 (being Laws 1985, Chapter 53, Section 5) is repealed.
SECTION 56. REPEAL--CULTURAL AFFAIRS ENTITIES.--The following are repealed:
A. New Mexico state library commission, Sections 18-2-1, 18-2-2 and 18-2-6 NMSA 1978 (being Laws 1941, Chapter 129, Section 1, Laws 1977, Chapter 246, Section 9 and Laws 1941, Chapter 129, Section 4, as amended);
B. New Mexico Film Museum Act, Sections 18-14-1 through 18-14-6 NMSA 1978 (being Laws 2003, Chapter 250, Sections 1 through 6, as amended);
C. Fort Stanton development commission, Sections 9-6-12 through 9-6-14 NMSA 1978 (being Laws 2003, Chapter 126, Sections 1 through 3);
D. Intertribal Ceremonial Act, Sections 9-15C-1 through 9-15C-5 NMSA 1978 (being Laws 2005, Chapter 219, Sections 1 through 5, as amended);
E. Martin Luther King, Jr. commission, Sections 28-19-1 through 28-19-4 NMSA 1978 (being Laws 1991, Chapter 252, Sections 1 through 4); and
F. Music Commission Act, Sections 18-16-1 through 18-16-4 NMSA 1978 (being Laws 2009, Chapter 13, Sections 1 through 4).
SECTION 57. REPEAL--EDUCATION ENTITIES.--The following are repealed:
A. higher education advisory board, Section 9-25-10 NMSA 1978 (being Laws 2005, Chapter 289, Section 10);
B. public service law advisory committee, Section 21-22F-8 NMSA 1978 (being Laws 2005, Chapter 83, Section 8);
C. mathematics and science advisory council, Sections 22-15E-4 and 22-15E-5 NMSA 1978 (being Laws 2007, Chapter 44, Sections 4 and 5 and also Laws 2007, Chapter 239, Sections 4 and 5); and
D. family and youth resource advisory committee, Section 22-2D-2 NMSA 1978 (being Laws 2003, Chapter 153, Section 65).
SECTION 58. REPEAL--GENERAL GOVERNMENT ENTITIES.--The following are repealed:
A. alternative dispute prevention and resolution advisory council, Sections 12-8A-6 and 12-8A-7 NMSA 1978 (being Laws 2007, Chapter 206, Sections 6 and 7);
B. governor's residence advisory commission, Sections 15-3A-1 and 15-3A-2 NMSA 1978 (being Laws 1989, Chapter 363, Sections 1 and 2);
C. private equity investment advisory committee, Section 6-8-20 NMSA 1978 (being Laws 1987, Chapter 219, Section 3, as amended); and
D. state procurement standards and specifications committee, Sections 13-1-162 and 13-1-163 NMSA 1978 (being Laws 1984, Chapter 65, Sections 135 and 136).
SECTION 59. REPEAL--HEALTH AND HUMAN SERVICES ENTITIES.--The following are repealed:
A. brain injury advisory council, Section 24-20-3 NMSA 1978 (being Laws 1995, Chapter 189, Section 1);
B. child development board, Section 32A-16-3 NMSA 1978 (being Laws 1989, Chapter 290, Section 3);
C. children, youth and families advisory committee, Section 9-2A-12 NMSA 1978 (being Laws 1992, Chapter 57, Section 12, as amended);
D. interagency coordinating group, Section 9-2A-13 NMSA 1978 (being Laws 1992, Chapter 57, Section 13, as amended);
E. Children's Cabinet Act, Sections 32A-22-1 through 32A-22-4 NMSA 1978 (being Laws 2005, Chapter 64, Sections 1 through 4);
F. compulsive gambling council, Section 9-7-11.4 NMSA 1978 (being Laws 2006, Chapter 8, Section 1);
G. governor's commission on disability and the advisory council on disability, Sections 28-10-1 through 28-10-3, 28-10-4 and 28-10-6 through 28-10-8.1 NMSA 1978 (being Laws 1973, Chapter 349, Sections 1 through 4, 6 and 7 and Laws 1982, Chapter 13, Sections 1 and 2, as amended);
H. health care providers licensing and credentialing task force, Section 9-7-11.3 NMSA 1978 (being Laws 2003, Chapter 235, Section 2);
I. governor's HIV and AIDS policy commission, Section 24-1-29 NMSA 1978 (being Laws 2005, Chapter 5, Section 1);
J. individual development account council, Section 58-30-6 NMSA 1978 (being Laws 2003, Chapter 362, Section 6, as amended);
K. medical advisory committee, Section 24-1F-4 NMSA 1978 (being Laws 2005, Chapter 6, Section 4);
L. next generation council, Section 24-19-11 NMSA 1978 (being Laws 2005, Chapter 65, Section 7);
M. pain management advisory council, Section 24-2D-5.2 NMSA 1978 (being Laws 2005, Chapter 140, Section 3);
N. New Mexico Telehealth and Health Information Technology Commission Act, Sections 24-1G-1 through 24-1G-4 NMSA 1978 (being Laws 2005, Chapter 55, Sections 1 through 4, as amended); and
O. Youth Alliance Act, Sections 9-2A-19 through 9-2A-22 NMSA 1978 (being Laws 2003, Chapter 324, Sections 1 through 4, as amended).
SECTION 60. REPEAL--INSTRUMENTALITIES.--The following are repealed:
A. Exposition Center Authority Act, Sections 6-25A-1 through 6-25A-23 NMSA 1978 (being Laws 2005, Chapter 342, Sections 1 through 23);
B. Historic Landscape Act, Sections 18-13-1 through 18-13-7 NMSA 1978 (being Laws 2003, Chapter 234, Sections 1 through 7); and
C. Industrial and Agricultural Finance Authority Act, Sections 58-24-1 through 58-24-24 NMSA 1978 (being Laws 1983, Chapter 300, Sections 1 through 23 and 27, as amended).
SECTION 61. REPEAL--MILITARY AFFAIRS.--The veterans' services advisory board, Section 9-22-15 NMSA 1978 (being Laws 2004, Chapter 19, Section 15), is repealed.
SECTION 62. REPEAL--PUBLIC SAFETY AND CRIMINAL JUSTICE ENTITIES.--The following are repealed:
A. alcohol service education advisory committee, Sections 60-6E-11 and 60-6E-12 NMSA 1978 (being Laws 1999, Chapter 277, Sections 12 and 13);
B. corrections industries commission, Section 33-8-5.1 NMSA 1978 (being Laws 2005, Chapter 23, Section 1);
C. domestic violence homicide review team, Section 31-22-4.1 NMSA 1978 (being Laws 2007, Chapter 235, Section 1);
D. New Mexico domestic violence leadership commission, Section 9-2A-24 NMSA 1978 (being Laws 2010, Chapter 86, Section 1);
E. Juvenile Public Safety Advisory Board Act, Sections 32A-7A-1 through 32A-7A-8 NMSA 1978 (being Laws 2009, Chapter 239, Sections 58 through 65); and
F. Organized Crime Act, Sections 29-9-1 through 29-9-11 and 29-9-17 NMSA 1978 (being Laws 1973, Chapter 225, Sections 1 through 3, Laws 1977, Chapter 215, Section 3, Laws 1973, Chapter 225, Sections 4, 6 and 7, Laws 1977, Chapter 215, Section 6, Laws 1973, Chapter 225, Sections 9 and 10 and Laws 1977, Chapter 215, Section 8, as amended).
SECTION 63. REPEAL--SPORTS ENTITIES.--The following are repealed:
A. Bicycle Racing Act, Sections 60-2D-1 through 60-2D-18 NMSA 1978 (being Laws 1991, Chapter 233, Sections 1 through 18); and
B. sports advisory committee, Section 9-15A-11 NMSA 1978 (being Laws 2007, Chapter 286, Section 3 and Laws 2007, Chapter 287, Section 3).
SECTION 64. REPEAL--TRANSPORTATION ENTITIES.--The traffic safety bureau advisory committee, Section 66-7-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 492, as amended), is repealed.
SECTION 65. TEMPORARY PROVISION--TRANSFERS--GOVERNOR'S COMMISSION ON DISABILITY.--On the effective date of this act, all functions, appropriations, money, furniture, equipment and other property of the governor's commission on disability is transferred to the aging and long-term services department. All contractual obligations of the governor's commission on disability are binding on the aging and long-term services department. All references in law to the governor's commission on disability shall be deemed to be references to the aging and long-term services department. Rules of the governor's commission on disability shall be deemed to be rules of the aging and long-term services department until amended or repealed by the department.
SECTION 66. TEMPORARY PROVISION--TRANSFERS--BRAIN INJURY ADVISORY COUNCIL.--On July 1, 2011, all appropriations, money, furniture, equipment and other property of the brain injury advisory council are transferred to the developmental disabilities planning council. All contractual obligations of the brain injury advisory council are binding on the developmental disabilities planning council. All references in law to the brain injury advisory council shall be deemed to be references to the developmental disabilities planning council.
SECTION 67. TEMPORARY PROVISION--TRANSFERS--MARTIN LUTHER KING, JR. COMMISSION.--On July 1, 2011, all appropriations, money, furniture, equipment and other property of the Martin Luther King, Jr. commission are transferred to the office on African American affairs. All contractual obligations of the commission are binding on the office. All references in law to the commission shall be deemed to be references to the office on African American affairs.
SECTION 68. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
- 75 -