0001| HOUSE BILL 1074
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| TERRY T. MARQUARDT
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO HEALTH ADMINISTRATION; TRANSFERRING FUNCTIONS,
|
0012| PROPERTY AND LEGAL REFERENCES OF THE FIELD OPERATIONS DIVISION
|
0013| AND THE RADIATION LICENSING AND REGISTRATION PROGRAM OF THE
|
0014| DEPARTMENT OF ENVIRONMENT, THE TRAFFIC SAFETY BUREAU AND THE
|
0015| LOCAL DWI GRANT PROGRAM; ADMINISTRATIVELY ATTACHING THE STATE
|
0016| AGENCY ON AGING TO THE DEPARTMENT OF HEALTH; REPEALING CERTAIN
|
0017| PROVISIONS PERTAINING TO REHABILITATION CENTERS, COMMUNITY
|
0018| PROVIDER RATES AND HEALTH STUDIES; AMENDING, REPEALING AND
|
0019| ENACTING SECTIONS OF THE NMSA 1978; REPEALING SECTIONS OF LAWS
|
0020| 1994, CHAPTER 62.
|
0021|
|
0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0023| Section 1. Section 9-7-3 NMSA 1978 (being Laws 1977,
|
0024| Chapter 253, Section 3, as amended) is amended to read:
|
0025| "9-7-3. PURPOSE.--The purpose of the Department of Health
|
0001| Act is to establish a single, unified department to administer
|
0002| the laws and exercise the functions relating to health formerly
|
0003| administered and exercised by various organizational units of
|
0004| state government, including [the state health agency, the
|
scientific laboratory system and an appropriate allocation of
|
administrative support services of the health and social
|
services department and the hospital and institutions
|
department. All public health, behavioral health and
|
scientific laboratory functions formerly performed by the
|
health and environment department shall be performed by] the
|
0011| department of health; the field operations division and the
|
0012| radiation licensing and registration program of the department
|
0013| of environment; the traffic safety bureau of the state highway
|
0014| and transportation department; the local DWI grant program of
|
0015| the department of finance and administration; and the substance
|
0016| abuse prevention and treatment programs for children and
|
0017| youths."
|
0018| Section 2. Section 9-7-4 NMSA 1978 (being Laws 1991,
|
0019| Chapter 25, Section 16) is amended to read:
|
0020| "9-7-4. DEPARTMENT ESTABLISHED.--
|
0021| A. There is created in the executive branch the
|
0022| "department of health". The department shall be a cabinet
|
0023| department [and shall include, but not be limited to, the
|
programs and functions of the public health division, the
|
behavioral health services division and the scientific
|
laboratory].
|
0002| B. [All references in the law to the "health
|
services division" shall be construed to be references to the
|
"public health division".] All references in the law to the
|
0005| behavioral health services division of the department of
|
0006| health, the community health systems division of the department
|
0007| of health, the developmental disabilities division of the
|
0008| department of health, the division of epidemiology, planning
|
0009| and evaluation of the department of health, the long-term care
|
0010| and restorative services division of the department of health,
|
0011| the mental health division of the department of health, the
|
0012| public health division of the department of health, the
|
0013| scientific laboratory division of the department of health, the
|
0014| health services division of the health and environment
|
0015| department, the public health division of the health and
|
0016| environment department, the behavioral health services division
|
0017| of the health and environment department, the state department
|
0018| of public health, the public health department [the health
|
services division] or the state board of health shall be
|
0020| construed as referring to the department [of health].
|
0021| C. The administrative services division of the
|
0022| department [of health] shall provide clerical, recordkeeping
|
0023| and administrative support to the department [of health and to
|
the department of environment, including, but not limited to,
|
the areas of personnel, budget, procurement and contracting].
|
0001| D. The secretary may organize the department and
|
0002| its divisions and may transfer or merge functions between
|
0003| divisions in the interest of efficiency and economy.
|
0004| E. The governor may merge divisions and abolish or
|
0005| create divisions of the department by executive order in the
|
0006| interest of efficiency and economy."
|
0007| Section 3. A new section of the Department of Health Act,
|
0008| Section 9-7-4.1 NMSA 1978, is enacted to read:
|
0009| "9-7-4.1. [NEW MATERIAL] ADMINISTRATIVELY ATTACHED
|
0010| AGENCY.--The state agency on aging is administratively attached
|
0011| to the department."
|
0012| Section 4. Section 9-7-6 NMSA 1978 (being Laws 1977,
|
0013| Chapter 253, Section 7, as amended) is amended to read:
|
0014| "9-7-6. SECRETARY--DUTIES AND GENERAL POWERS.--
|
0015| A. The secretary is responsible to the governor for
|
0016| the operation of the department. It is his duty to manage all
|
0017| operations of the department and to administer and enforce the
|
0018| laws with which he or the department is charged.
|
0019| B. To perform his duties, the secretary has every
|
0020| power expressly enumerated in the laws, whether granted to the
|
0021| secretary or the department or any division of the department,
|
0022| except where authority conferred upon any division is
|
0023| explicitly exempted from the secretary's authority by statute.
|
0024| In accordance with these provisions, the secretary shall:
|
0025| (1) except as otherwise provided in the
|
0001| Department of Health Act, exercise general supervisory and
|
0002| appointing authority over all department employees, subject to
|
0003| any applicable personnel laws and regulations;
|
0004| (2) delegate authority to subordinates as he
|
0005| deems necessary and appropriate, clearly delineating such
|
0006| delegated authority and the limitations thereto;
|
0007| (3) organize the department into those
|
0008| organizational units he deems will enable it to function most
|
0009| efficiently, subject to any provisions of law requiring or
|
0010| establishing specific organizational units;
|
0011| (4) within the limitations of available
|
0012| appropriations and applicable laws, employ and fix the
|
0013| compensation of those persons necessary to discharge his
|
0014| duties;
|
0015| (5) take administrative action by issuing
|
0016| orders and instructions, not inconsistent with the law, to
|
0017| assure implementation of and compliance with the provisions of
|
0018| law for which administration or execution he is responsible and
|
0019| to enforce those orders and instructions by appropriate
|
0020| administrative action [or actions] in the courts;
|
0021| (6) conduct research and studies that will
|
0022| improve the operations of the department and the provision of
|
0023| services to the citizens of the state;
|
0024| (7) provide courses of instruction and
|
0025| practical training for employees of the department and other
|
0001| persons involved in the administration of programs with the
|
0002| objective of improving the operations and efficiency of
|
0003| administration;
|
0004| (8) prepare an annual budget of the
|
0005| department;
|
0006| (9) appoint, with the governor's consent, a
|
0007| "director" for each division. These appointed positions are
|
0008| exempt from the provisions of the Personnel Act. Persons
|
0009| appointed to these positions shall serve at the pleasure of the
|
0010| secretary;
|
0011| (10) give bond in the penal sum of twenty-five
|
0012| thousand dollars ($25,000) and require directors to each give
|
0013| bond in the penal sum of ten thousand dollars ($10,000)
|
0014| conditioned upon the faithful performance of duties, as
|
0015| provided in the Surety Bond Act. The department shall pay the
|
0016| costs of those bonds; and
|
0017| (11) require performance bonds of such
|
0018| department employees and officers as he deems necessary, as
|
0019| provided in the Surety Bond Act. The department shall pay the
|
0020| costs of those bonds.
|
0021| C. The secretary may apply for and receive, with
|
0022| the governor's approval, in the name of the department any
|
0023| public or private funds, including but not limited to United
|
0024| States government funds, available to the department to carry
|
0025| out its programs, duties or services.
|
0001| D. The secretary shall be responsible for providing
|
0002| appropriate educational programs for all school age persons, as
|
0003| defined in Section 22-1-2 NMSA 1978, who are clients, as
|
0004| defined in Section 43-1-3 NMSA 1978, [of] or receiving
|
0005| services pursuant to the Children's Mental Health and
|
0006| Developmental Disabilities Act from, institutions under his
|
0007| authority as follows:
|
0008| (1) he shall arrange with school districts for
|
0009| the enrollment of all school age residents of institutions
|
0010| under his authority who have been evaluated and recommended for
|
0011| placement in a public school according to the provisions of the
|
0012| Department of Health Education Act. He shall notify the
|
0013| superintendent of public instruction prior to public school
|
0014| enrollment of any school age resident under his authority; and
|
0015| (2) he shall provide educational programs, in
|
0016| accordance with the special education regulations of the state
|
0017| board of education, for school age persons who are clients of
|
0018| institutions under his authority but who are enrolled in a
|
0019| public school by:
|
0020| (a) using the facilities and personnel
|
0021| of the department;
|
0022| (b) contracting with a school district
|
0023| for the provision of educational services; or
|
0024| (c) using a combination of Subparagraphs
|
0025| (a) and (b) of this [subsection] paragraph.
|
0001| E. The secretary may make and adopt such reasonable
|
0002| and procedural rules and regulations as may be necessary to
|
0003| carry out the duties of the department and its divisions. No
|
0004| rule or regulation promulgated by the director of any division
|
0005| in carrying out the functions and duties of the division shall
|
0006| be effective until approved by the secretary unless otherwise
|
0007| provided by statute. Unless otherwise provided by statute, no
|
0008| regulation affecting any person or agency outside the
|
0009| department shall be adopted, amended or repealed without a
|
0010| public hearing on the proposed action before the secretary or a
|
0011| hearing officer designated by him. The public hearing shall be
|
0012| held in Santa Fe unless otherwise permitted by statute. Notice
|
0013| of the subject matter of the regulation, the action proposed to
|
0014| be taken, the time and place of the hearing, the manner in
|
0015| which interested persons may present their views and the method
|
0016| by which copies of the proposed regulation, proposed amendment
|
0017| or repeal of an existing regulation may be obtained shall be
|
0018| published once at least thirty days prior to the hearing date
|
0019| in a newspaper of general circulation and mailed at least
|
0020| thirty days prior to the hearing date to all persons who have
|
0021| made a written request for advance notice of hearing. All
|
0022| rules and regulations shall be filed in accordance with the
|
0023| State Rules Act."
|
0024| Section 5. Section 9-7-12 NMSA 1978 (being Laws 1977,
|
0025| Chapter 253, Section 13, as amended) is amended to read:
|
0001| "9-7-12. COOPERATION WITH THE FEDERAL GOVERNMENT--
|
0002| AUTHORITY OF SECRETARY--SINGLE STATE AGENCY STATUS.--
|
0003| A. The department is authorized to cooperate with
|
0004| the federal government in the administration of health and
|
0005| medical assistance programs in which financial or other
|
0006| participation by the federal government is authorized or
|
0007| mandated under state or federal laws, regulations, rules or
|
0008| orders. The secretary may enter into agreements with agencies
|
0009| of the federal government to implement health and medical
|
0010| assistance programs, subject to availability of appropriated
|
0011| state funds and any provisions of state laws applicable to such
|
0012| agreements or participation by the state.
|
0013| B. The governor or the secretary may by appropriate
|
0014| order designate the department or any organizational unit of
|
0015| the department as the single state agency for the
|
0016| administration of any health or medical assistance program
|
0017| when such designation is a condition of federal financial or
|
0018| other participation in the program under applicable federal
|
0019| law, regulation, rule or order. Whether or not a federal
|
0020| condition exists, the governor may designate the department or
|
0021| any organizational unit of the department as the single state
|
0022| agency for the administration of any health or medical
|
0023| assistance program. No designation of a single state agency
|
0024| under the authority granted in this section shall be made in
|
0025| contravention of state law."
|
0001| Section 6. Section 9-8-8 NMSA 1978 (being Laws 1977,
|
0002| Chapter 252, Section 9, as amended) is amended to read:
|
0003| "9-8-8. ADMINISTRATIVELY ATTACHED AGENCIES.--The office
|
0004| of Indian affairs and the commission on the status of women
|
0005| [and the state agency on aging] are administratively attached
|
0006| to the human services department in accordance with the
|
0007| Executive Reorganization Act."
|
0008| Section 7. Section 11-6A-2 NMSA 1978 (being Laws 1993,
|
0009| Chapter 65, Section 2) is amended to read:
|
0010| "11-6A-2. DEFINITIONS.--As used in the Local DWI Grant
|
0011| Program Act:
|
0012| A. "council" means the DWI grant council; [and]
|
0013| B. "[division] department" means the [local
|
government division of the] department of [finance and
|
administration] health; and
|
0016| C. "secretary" means the secretary of health."
|
0017| Section 8. Section 11-6A-3 NMSA 1978 (being Laws 1993,
|
0018| Chapter 65, Section 3) is amended to read:
|
0019| "11-6A-3. LOCAL DWI GRANT PROGRAM--FUND.--
|
0020| A. The [division] department shall establish a
|
0021| local DWI grant program to make grants to municipalities or
|
0022| counties for new, innovative or model programs, services or
|
0023| activities to prevent or reduce the incidence of DWI,
|
0024| alcoholism and alcohol abuse. Grants shall be awarded by the
|
0025| council pursuant to the advice and recommendations of the
|
0001| [division] department.
|
0002| B. The "local DWI grant fund" is created in the
|
0003| state treasury and shall be administered by the [division]
|
0004| department. Money in the fund is appropriated to the
|
0005| [division] department to make grants to municipalities and
|
0006| counties upon council approval in accordance with the program
|
0007| established under the Local DWI Grant Program Act. No more
|
0008| than five percent of any appropriation to the fund in any
|
0009| fiscal year shall be expended for administration of the grant
|
0010| program. Balances in the fund at the end of any fiscal year
|
0011| shall not revert to the general fund.
|
0012| C. In awarding DWI grants to local communities, the
|
0013| council:
|
0014| (1) may fund new, innovative or model
|
0015| programs, services or activities of any kind designed to
|
0016| prevent or reduce the incidence of DWI, alcoholism or alcohol
|
0017| abuse;
|
0018| (2) may fund existing community-based
|
0019| programs, services or facilities for prevention, screening and
|
0020| treatment of alcoholism and alcohol abuse;
|
0021| (3) shall give consideration to a broad range
|
0022| of approaches to prevention, education, screening, treatment or
|
0023| alternative sentencing, including programs that combine
|
0024| incarceration, treatment and aftercare, to address the
|
0025| [problems] problem of DWI, alcoholism or alcohol abuse; and
|
0001| (4) shall make grants only to counties or
|
0002| municipalities in counties that have established a DWI planning
|
0003| council and adopted a county DWI plan or are parties to a
|
0004| multicounty DWI plan that has been approved pursuant to the
|
0005| Alcoholism and Alcohol Abuse Prevention, Screening and
|
0006| Treatment Act and only for programs, services or activities
|
0007| consistent with that plan."
|
0008| Section 9. Section 11-6A-4 NMSA 1978 (being Laws 1993,
|
0009| Chapter 65, Section 4) is amended to read:
|
0010| "11-6A-4. DWI GRANT COUNCIL--MEMBERSHIP--DUTIES.--
|
0011| A. The "DWI grant council" is created and shall
|
0012| consist of the president of the New Mexico municipal league,
|
0013| the president of the New Mexico association of counties, the
|
0014| secretary of health or the secretary's designee, the secretary
|
0015| of finance and administration or the secretary's designee, a
|
0016| representative of the [chief of the traffic safety bureau of
|
the state highway and transportation] department of health
|
0018| and two representatives of local governing bodies who shall be
|
0019| appointed by the governor so as to provide geographic
|
0020| diversity.
|
0021| B. Appointed members shall be appointed to [a]
|
0022| two-year [term] terms. In the event of a vacancy, the
|
0023| governor shall appoint a member for the remainder of the term.
|
0024| C. The council shall meet as necessary to receive
|
0025| applications, consider grant requests and award DWI grants
|
0001| pursuant to the Local DWI Grant Program Act. All actions of
|
0002| the council require the affirmative vote of a majority of the
|
0003| members of the council.
|
0004| D. Members of the council shall be reimbursed for
|
0005| per diem and mileage in accordance with the Per Diem and
|
0006| Mileage Act."
|
0007| Section 10. Section 11-6A-5 NMSA 1978 (being Laws 1993,
|
0008| Chapter 65, Section 5) is amended to read:
|
0009| "11-6A-5. ADMINISTRATION OF DWI GRANT PROGRAM--
|
0010| REGULATIONS.--
|
0011| A. The [division] department shall administer
|
0012| the DWI grant program and shall serve as staff to the council.
|
0013| B. The [division] department, with the advice
|
0014| and approval of the council, shall adopt regulations necessary
|
0015| for operation of the grant program, including:
|
0016| (1) forms and procedures for the application
|
0017| process for the grant program;
|
0018| (2) documentation to be provided by the
|
0019| applicant to assure compliance with the grant guidelines and
|
0020| other provisions of the Local DWI Grant Program Act;
|
0021| (3) procedures and guidelines for review,
|
0022| evaluation and approval of grant awards;
|
0023| (4) procedures and guidelines for oversight,
|
0024| evaluation and audit of DWI grantees to assure that grants are
|
0025| being administered in the manner and for the purposes that the
|
0001| grant was awarded; and
|
0002| (5) design of an evaluation mechanism for DWI
|
0003| grant programs and services and submission by each grantee of
|
0004| an annual report on each grant program or service and its
|
0005| effectiveness and outcomes."
|
0006| Section 11. Section 24-3B-4 NMSA 1978 (being Laws 1978,
|
0007| Chapter 211, Section 4) is amended to read:
|
0008| "24-3B-4. FUND CREATED--USE--CALCULATION.--
|
0009| A. There is created the "department of health
|
0010| [and environment department] education fund" in the state
|
0011| treasury.
|
0012| B. The fund shall be used solely to provide
|
0013| educational services to institution-bound residents of the
|
0014| state institutions under the authority of the secretary.
|
0015| C. The secretary shall distribute the fund to
|
0016| institutions under his authority within limits established by
|
0017| law.
|
0018| D. The secretary shall determine the allocation to
|
0019| each institution from the fund according to the annual program
|
0020| cost of that institution as calculated on September 15 of the
|
0021| fiscal year.
|
0022| E. The annual program cost for each institution
|
0023| shall be determined by the following calculation:
|
0024| number of dollar value annual
|
0025| institution-bound x 3.9 x per = program
|
0001| residents program unit cost.
|
0002| F. The dollar value per program unit shall be the
|
0003| same as the dollar value per program unit [as] established by
|
0004| the legislature for the state equalization guarantee.
|
0005| G. Each director of each state institution under
|
0006| the authority of the secretary shall submit annually, on or
|
0007| before October 15, to the secretary an estimate for the
|
0008| succeeding fiscal year of the number of institution-bound
|
0009| residents and any other information necessary to calculate
|
0010| annual program cost.
|
0011|
|
0012| H. The secretary shall submit annually, on or
|
0013| before November 15, to the department of finance and
|
0014| administration the recommendations of the department regarding
|
0015| the fund for the succeeding fiscal year, for inclusion in the
|
0016| executive budget document."
|
0017| Section 12. Section 28-4-1 NMSA 1978 (being Laws 1969,
|
0018| Chapter 55, Section 2) is amended to read:
|
0019| "28-4-1. [COMMISSION] STATE AGENCY ON AGING--DUTIES.--
|
0020| The [commission] state agency on aging shall establish and
|
0021| maintain a comprehensive statewide program designed to meet the
|
0022| social service needs of the state's aged population. Not by
|
0023| way of limitation, the [commission] agency shall:
|
0024| A. strengthen and coordinate services of state and
|
0025| local public bodies for the benefit of the aged;
|
0001| B. promote the utilization of older persons in all
|
0002| phases of employment;
|
0003| C. disseminate information to the aged relative to
|
0004| federal, state and local services for the aged;
|
0005| D. encourage training programs, retraining programs
|
0006| and opportunities for older workers;
|
0007| E. develop new methods of job placement for older
|
0008| workers;
|
0009| F. promote public recognition of the advantages of
|
0010| hiring and retaining older workers; and
|
0011| G. promote and develop programs of community
|
0012| resources and facilities designed to meet the social needs of
|
0013| older persons."
|
0014| Section 13. Section 28-4-4 NMSA 1978 (being Laws 1979,
|
0015| Chapter 203, Section 1) is amended to read:
|
0016| "28-4-4. AGENCY CREATED.--There is created as an entity
|
0017| of state government the "state agency on aging", which shall be
|
0018| administratively attached to the [human services] department
|
0019| of health. The administrative head of the agency shall be
|
0020| the director, who shall be appointed by and serve at the
|
0021| pleasure of the governor."
|
0022| Section 14. Section 31-12-9 NMSA 1978 (being Laws 1981,
|
0023| Chapter 367, Section 3, as amended) is amended to read:
|
0024| "31-12-9. CRIME LABORATORY FUND CREATED--APPROPRIATION.--
|
0025| There is created in the state treasury the "crime laboratory
|
0001| fund". All fees collected pursuant to the provisions of
|
0002| Sections 31-12-7 and 31-12-8 NMSA 1978 shall be transmitted
|
0003| monthly to the administrative office of the courts for credit
|
0004| to the crime laboratory fund. All balances in the crime
|
0005| laboratory fund of fees collected pursuant to the provisions of
|
0006| Subsection A of Section 31-12-7 NMSA l978 are appropriated to
|
0007| the administrative office of the courts for payment upon
|
0008| invoice to the scientific laboratory [division] of the
|
0009| [health and environment] department of health, the New
|
0010| Mexico state police crime laboratory division and the
|
0011| Albuquerque police crime laboratory for costs related to
|
0012| chemical and other tests and analyses described in those
|
0013| sections and incurred by these laboratories and local law
|
0014| enforcement agencies. Payments out of the crime laboratory
|
0015| fund of fees collected pursuant to the provisions of Subsection
|
0016| A of Section 31-12-7 NMSA l978 shall be made on vouchers issued
|
0017| and signed by the director of the administrative office of the
|
0018| courts upon warrants drawn by the department of finance and
|
0019| administration. All balances in the crime laboratory fund of
|
0020| fees collected pursuant to the provisions of Subsection B of
|
0021| Section 31-12-7 NMSA l978 are appropriated to the [traffic
|
safety bureau of the transportation program division of the
|
state highway and transportation] department of health to
|
0024| provide funds to approved comprehensive community programs for
|
0025| the prevention of driving while under the influence of alcohol
|
0001| or drugs and for other traffic safety purposes. Payment out of
|
0002| the crime laboratory fund of fees collected pursuant to the
|
0003| provisions of Subsection B of Section 31-12-7 NMSA l978 shall
|
0004| be made on vouchers issued and signed by the [chief of the
|
traffic safety bureau] secretary of health or his designee
|
0006| upon warrants drawn by the department of finance and
|
0007| administration."
|
0008| Section 15. Section 66-7-503 NMSA 1978 (being Laws 1978,
|
0009| Chapter 35, Section 490, as amended) is amended to read:
|
0010| "66-7-503. DEFINITIONS.--As used in the Traffic Safety
|
0011| Act:
|
0012| [A. "bureau" means the traffic safety bureau of
|
the department;
|
B. "chief" means the administrative head of the
|
bureau;
|
C.] A. "committee" means the advisory committee
|
0017| to the [bureau and] department;
|
0018| [D.] B. "department" means the [state highway
|
and transportation] department of health; and
|
0020| C. "secretary" means the secretary of health."
|
0021| Section 16. Section 66-7-510 NMSA 1978 (being Laws 1978,
|
0022| Chapter 35, Section 497) is amended to read:
|
0023| "66-7-510. [BUREAU] DEPARTMENT--INFORMATION REQUEST.--
|
0024| The [chief, with the approval of the director] secretary
|
0025| may request all information pertinent to the traffic safety
|
0001| program [of the bureau] in the performance of its duties and
|
0002| functions, and this information shall be furnished by any
|
0003| officer, agent or employee of [the] this state."
|
0004| Section 17. Section 66-7-512 NMSA 1978 (being Laws 1990,
|
0005| Chapter 57, Section 1) is amended to read:
|
0006| "66-7-512. TRAFFIC SAFETY EDUCATION AND ENFORCEMENT FUND
|
0007| CREATED.--
|
0008| A. There is created in the state treasury the
|
0009| "traffic safety education and enforcement fund". The fund
|
0010| shall be invested in accordance with the provisions of Section
|
0011| 6-10-10 NMSA 1978 and all income earned on the fund shall be
|
0012| credited to the fund.
|
0013| B. The traffic safety education and enforcement
|
0014| fund shall be used to institute and promote a statewide program
|
0015| of traffic safety through education and enforcement to reduce
|
0016| serious and fatal traffic accidents and to provide for the
|
0017| purchase of equipment and support services as are necessary to
|
0018| establish and maintain the program.
|
0019| C. No less than fifty percent of the money
|
0020| deposited in the traffic safety education and enforcement
|
0021| fund shall be allocated to the law enforcement agency that
|
0022| issued the citation [provided] if the agency has submitted
|
0023| a traffic safety program plan [which] that is approved by
|
0024| the [traffic safety bureau of the state highway and trans-
|
|
portation] department of health. Law enforcement agencies
|
0002| shall use the money allocated from the fund to purchase
|
0003| equipment and support services as are necessary to establish
|
0004| and maintain a traffic safety program.
|
0005| D. No less than twenty percent of the money
|
0006| deposited in the traffic safety education and enforcement
|
0007| fund shall be allocated to institute and promote traffic safety
|
0008| education programs.
|
0009| E. The balance of the money deposited in the
|
0010| traffic safety education and enforcement fund shall be alloc-
|
0011|
|
0012| ated to existing traffic safety programs.
|
0013| F. The [traffic safety bureau of the state highway
|
and transportation] department of health shall adopt all
|
0015| rules, regulations and policies necessary to administer a
|
0016| statewide traffic program.
|
0017| G. All money credited to the traffic safety
|
0018| education and enforcement fund shall be appropriated to the
|
0019| [traffic safety bureau of the state highway and
|
transportation] department of health for the purpose of
|
0021| carrying out the provisions of this section and shall not
|
0022| revert to the general fund."
|
0023| Section 18. TEMPORARY PROVISION--TRANSFERS OF CERTAIN
|
0024| DEPARTMENT OF ENVIRONMENT PERSONNEL, APPROPRIATIONS, PERSONAL
|
0025| PROPERTY, CONTRACTS AND LEGAL REFERENCES TO THE DEPARTMENT OF
|
0001| HEALTH.--
|
0002| A. On the effective date of this act:
|
0003| (1) all personnel, appropriations and personal
|
0004| property belonging to or pertaining to the field operations
|
0005| division and the radiation licensing and registration program
|
0006| of the department of environment are transferred to the
|
0007| department of health;
|
0008| (2) all existing rules and regulations,
|
0009| contracts and agreements in effect for the field operations
|
0010| division and radiation licensing and registration program of
|
0011| the department of environment shall be binding on the
|
0012| department of health; and
|
0013| (3) all references in the law pertaining to
|
0014| the field operations division and the radiation licensing and
|
0015| registration program of the department of environment shall be
|
0016| construed to mean the department of health.
|
0017| B. In order to implement the provisions of this act
|
0018| without an increase in general fund appropriations, during
|
0019| fiscal year 1998 the governor by executive order may transfer
|
0020| any personnel, functions, powers and duties, contracts,
|
0021| agreements, grants, appropriations, funds, property, equipment
|
0022| and supplies from the department of environment to the
|
0023| department of health.
|
0024| Section 19. TEMPORARY PROVISION--TRANSFERS OF CERTAIN
|
0025| STATE HIGHWAY AND TRANSPORTATION DEPARTMENT PERSONNEL,
|
0001| APPROPRIATIONS, PERSONAL PROPERTY, CONTRACTS AND LEGAL
|
0002| REFERENCES TO THE DEPARTMENT OF HEALTH.--On the effective date
|
0003| of this act:
|
0004| A. all personnel, appropriations and personal
|
0005| property belonging to or pertaining to the traffic safety bureau
|
0006| of the state highway and transportation department shall be
|
0007| transferred to the department of health;
|
0008| B. all existing rules and regulations, contracts and
|
0009| agreements in effect for the traffic safety bureau of the state
|
0010| highway and transportation department shall be binding on the
|
0011| department of health; and
|
0012| C. all references in the law to the state highway
|
0013| and transportation department regarding responsibility for the
|
0014| traffic safety bureau shall be construed to mean the department
|
0015| of health.
|
0016| Section 20. TEMPORARY PROVISION--TRANSFERS OF CERTAIN
|
0017| DEPARTMENT OF FINANCE AND ADMINISTRATION PERSONNEL,
|
0018| APPROPRIATIONS, PERSONAL PROPERTY, CONTRACTS AND LEGAL
|
0019| REFERENCES TO THE DEPARTMENT OF HEALTH. --
|
0020| A. On the effective date of this act:
|
0021| (1) all personnel, appropriations and personal
|
0022| property belonging to or pertaining to the local DWI grant
|
0023| program of the department of finance and administration are
|
0024| transferred to the department of health;
|
0025| (2) all existing rules and regulations,
|
0001| contracts and agreements in effect for the local DWI grant
|
0002| program shall be binding on the department of health; and
|
0003| (3) all references in the law to the local DWI
|
0004| grant program or pertaining to the local DWI grant program shall
|
0005| be construed to mean the department of health.
|
0006| B. In order to implement the provisions of this act
|
0007| without an increase in general fund appropriations, during
|
0008| fiscal year 1998 the governor by executive order may transfer
|
0009| any personnel, functions, powers and duties, contracts,
|
0010| agreements, grants, appropriations, funds, property, equipment
|
0011| and supplies from the department of finance and administration
|
0012| to the department of health.
|
0013| Section 21. TEMPORARY PROVISION--BUDGET AUTHORITY.--
|
0014| Notwithstanding any provisions of the General Appropriation Act
|
0015| of 1997 or Sections 6-3-23 through 6-3-25 NMSA 1978, the
|
0016| secretary of health may transfer expenditure authority and
|
0017| related appropriations between entities of the department of
|
0018| health and among the expenditure categories during fiscal year
|
0019| 1998.
|
0020| Section 22. REPEAL.--
|
0021| A. Sections 9-7-10.1, 9-7-16, 28-4-2 and 28-4-3 NMSA
|
0022| 1978 (being Laws 1983, Chapter 156, Section 1, Laws 1992,
|
0023| Chapter 82, Section 1, Laws 1977, Chapter 252, Section 17 and
|
0024| Laws 1969, Chapter 55, Section 3, as amended) are repealed.
|
0025| B. Laws 1994, Chapter 62, Sections 23 through 27 are
|
0001| repealed.
|
0002| Section 23. SEVERABILITY.--If any part or application of
|
0003| this act is held invalid, the remainder of its applications to
|
0004| other situations or persons shall not be affected.
|
0005| Section 24. EFFECTIVE DATE.--
|
0006| A. The effective date of the provisions of Sections
|
0007| 1 through 4 and 6 through 23 of this act is July 1, 1997.
|
0008| B. The effective date of the provisions of Section 5
|
0009| of this act is July 1, 1998.
|
0010|
|