0001|                            HOUSE BILL 256
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                             EDDIE CORLEY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO AFRICAN AMERICANS; CREATING THE COMMISSION ON
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0012|     AFRICAN AMERICAN AFFAIRS; CREATING AN OFFICE; PRESCRIBING
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0013|     POWERS AND DUTIES; MAKING AN APPROPRIATION.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "African American Affairs Act".
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0018|          Section 2.  DEFINITIONS.--As used in the African American
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0019|     Affairs Act:
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0020|               A.  "commission" means the commission on African
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0021|     American affairs;
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0022|               B.  "fund" means the office on African American
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0023|     affairs fund; and
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0024|               C.  "office" means the office on African American
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0025|     affairs.
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0001|          Section 3.  COMMISSION--CREATED--MEMBERSHIP--TERMS--
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0002|     COMPENSATION--MEETINGS.--
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0003|               A.  The "commission on African American affairs" is
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0004|     created.  The commission shall consist of nine members
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0005|     appointed by the governor to represent all fields of interest
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0006|     to African Americans.  Members shall be appointed for
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0007|     staggered terms.  Of the initial board, the terms of three
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0008|     members expire June 30, 1999, the terms of three members
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0009|     expire June 30, 2000 and the terms of three members expire
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0010|     June 30, 2001; thereafter, appointments shall be for terms of
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0011|     three years or less made in such manner that the terms of five
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0012|     members expire on June 30 of each year.  Members shall be
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0013|     appointed so as to represent all areas of the state.  No more
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0014|     than five members shall belong to any one political party.
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0015|               B.  A majority of the commission's members
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0016|     constitutes a quorum for the transaction of business.  The
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0017|     governor shall designate a chairman and vice chairman from
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0018|     among the membership.  The commission may elect other officers
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0019|     as it deems necessary.
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0020|               C.  The commission shall meet as often as it deems
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0021|     necessary, but at least quarterly.  Meetings shall be held at
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0022|     the call of the chairman or a majority of the commission.
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0023|               D.  Members of the commission may be reimbursed as
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0024|     nonsalaried public officials as provided in the Per Diem and
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0025|     Mileage Act and shall receive no other compensation,
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0001|     perquisite or allowance.
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0002|          Section 4.  COMMISSION--POWERS AND DUTIES.--
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0003|               A.  The commission shall:
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0004|                    (1)  study issues important to African
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0005|     Americans, including history and culture; education,
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0006|     scholarships and other financial assistance for education and
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0007|     career development; economic and social problems and issues
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0008|     such as jobs, housing, discrimination, family support, youth
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0009|     idleness and crime; and health care, maternal and child
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0010|     health, teen pregnancy, access and other health issues; 
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0011|                    (2)  secure recognition of African Americans'
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0012|     accomplishments and contributions to New Mexico and the United

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0013|     States;
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0014|                    (3)  cooperate with and assist public and
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0015|     private entities dealing with issues important to African
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0016|     Americans;
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0017|                    (4)  direct the operations of the office; and
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0018|                    (5)  otherwise act as an advocate for African
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0019|     American citizens of New Mexico.
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0020|               B.  The commission may:
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0021|                    (1)  conduct periodic conferences throughout
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0022|     the state to inform African Americans of the opportunities
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0023|     available to them through state and private sources, to
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0024|     encourage them to share their history and culture with other
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0025|     New Mexicans and participate in the social and political
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0001|     processes of their communities and to learn from conference
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0002|     participants their needs and problems; and
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0003|                    (2)  perform such other actions as necessary
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0004|     to carry out its powers and duties pursuant to the African
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0005|     American Affairs Act.
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0006|          Section 5.  OFFICE--CREATED--POWERS AND DUTIES.--
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0007|               A.  The "office on African American affairs" is
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0008|     created.  The office shall carry out the directions of the
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0009|     commission.
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0010|               B.  The commission shall appoint the director, who
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0011|     shall work at the pleasure of the commission.  The director,
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0012|     with the advice of the commission, shall employ other
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0013|     necessary employees who shall be subject to the provisions of
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0014|     the Personnel Act.
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0015|               C.  The office shall:
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0016|                    (1)  act as a clearinghouse for information
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0017|     important to the African American community;
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0018|                    (2)  function as the coordinating office for
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0019|     all services and activities of state agencies and programs
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0020|     pertaining to African Americans;
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0021|                    (3)  encourage funding and implementation of
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0022|     training programs and other opportunities for African
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0023|     Americans;
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0024|                    (4)  promote and develop programs about
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0025|     community resources designed to meet the needs of African
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0001|     Americans;
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0002|                    (5)  serve as staff for the commission;
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0003|                    (6)  prepare and submit a budget for the
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0004|     office and commission; and
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0005|                    (7)  publish an annual report on the
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0006|     activities and services of the office and commission.
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0007|               D.  The office may:
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0008|                    (1)  adopt and promulgate rules in accordance
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0009|     with the State Rules Act to carry out the duties of the office
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0010|     and the commission;
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0011|                    (2)  accept gifts, grants, donations, bequests
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0012|     and devises from any source to be used to carry out its
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0013|     duties; and 
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0014|                    (3)  enter into contracts.
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0015|          Section 6.  FUND--CREATED--ADMINISTRATION.--The "office
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0016|     on African American affairs fund" is created in the state
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0017|     treasury.  The fund shall consist of appropriations, gifts,
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0018|     grants, donations and bequests.  Money in the fund at the end
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0019|     of any fiscal year shall not revert.  The fund shall be
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0020|     administered by the office, and disbursements from the fund
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0021|     shall be made on warrant drawn by the secretary of finance and
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0022|     administration pursuant to vouchers signed by the director of
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0023|     the office or his authorized representative.  Expenditures of
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0024|     general fund and other state fund appropriations shall be
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0025|     subject to appropriation by the legislature and pursuant to a
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0001|     budget approved by the state budget division of the department
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0002|     of finance and administration.
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0003|          Section 7.  APPROPRIATION.--Two hundred thousand dollars
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0004|     ($200,000) is appropriated from the general fund to the office
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0005|     on African American affairs fund for expenditure in fiscal
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0006|     year 1999 to carry out the provisions of the African American
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0007|     Affairs Act.  Any unexpended or unencumbered balance remaining
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0008|     at the end of fiscal year 1999 shall not revert to the general
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0009|     fund.
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0010|          Section 8.  EFFECTIVE DATE.--The effective date of the
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0011|     provisions of this act is July 1, 1998.
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0012|                              
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